HomeMy WebLinkAboutItem No. 3 - Harry Hatch - Open Letter to Council p20 10-07-2020_sanitizedFrom:Harry Hatch
To:Genoveva Rocha
Subject:Open Letter to Council for agenda item #3 10-7-p20
Date:Monday, October 5, 2020 9:05:19 AM
Attachments:Censure Resulation.docx
Open Letter to San Bernardino City Council, Mayor, City Manager, City Attorney and City Clerk
I am forwarding to the Council a draft resolution of censure on Mayor Valdivia. I request that it be
presented in Public Comment on Agenda Item 3 October 7, 2020 Council Meeting. This is in response to
his not allowing certain public comment being read into the record by Council Member Mulvihill on
September 16, 2020 Public Council Meeting. The verbiage addresses only this issue and allows a
question to be answered as to why the change in the policy without a vote by the Council (Now on the
agenda as Agenda Item #3 October 7, 2020).
This demands the Council to exercise the authority in Section 308 of the City Charter. All you need is four
votes, the Mayor CAN NOT VETO his own Censure it is precluded under current rules of the Council and
its meetings.
Provided are definitions of words and terms to support the position taken in this document.
Feel free to change the verbiage of the draft resolution as needed. However this is intended to address
the issue of policy changes that have occurred without the vote of the Council. This is not intended to
effect any current law suit filed on the city. Nor is it a notice of any additional legal action of any type on
it's face and should be addressed in an open session. Please show the city that the Council cares about
our right to speak to our elected officials.
City Charter Section 308. Judge of Qualifications; The Council shall be the judge of the election and
qualifications of its members and whether grounds exist for forfeiture of their office
Definition of SHALL in Blacks Law 9th edition: Shall: 1. Has a DUTY to; more broadly, is required to; (the
requester shall send notice) (notice shall be sent) This is the mandatory sense that drafters typically
intend and courts typically uphold.
Definition of JUDGE in Blacks Law 9th edition: Judge: A public Official appointed or elected to hear and
decide legal matters in court
Definition of COURT in Blacks Law 9th edition: Court: A governmental body consisting of one or more
judges who sit to adjudicate disputes and administer justice.
The Council has a duty to do two things. Judge the election and qualifications of its members, and
(Judge) weather grounds exist for FORFEITURE of their office.
Definition of FORFEITURE in Blacks Law 9th Edition: Forfeiture: (2.) the loss of the right, privilege, or
property because of a crime, breach of obligation, or neglect of duty.
It IS your right and DUTY to take action on this issue as a Council.
Harry H. Hatch Resident 7th Ward
CC City Manager, City Attorney, City Council
Draft version
Resolution No. expressing disapproval and censure of Mayor John
Valdivia’s recent comments on Public Comments and setting forth the
high value the city council places on civil public discourse;
Whereas it is a core value of the City Council that all citizens, visitors
and others who come in contact with the city employees and officials
be treated with the utmost respect and integrity whether virtually or in
person;
And whereas the elected leaders of the city and including specifically
through the leadership of the mayor must set the example and tone for
demonstrating respect and integrity;
And whereas it is the city council's expectation that the officials and
employees of the city will consistently behave in a professional
manner, show deference to those who disagree and encourage public
dialogue;
And whereas since November, 2018, and several other open City
Council Meetings since then, San Bernardino Mayor John Valdivia
made comments which violated the Brown Act and the City Charter as
well as the values of the city council and which demonstrate a lack of
judgment and professionalism;
And whereas on September 2020 in an open City Council Meeting
Mayor John Valdivia attempted to silence Public Comment by
enforcing a policy that was not set forth by the City Council as a body
in fact and operational policy;
And whereas while Mayor John Valdivia has not apologized publicly
for his actions the City Council, as a body finds that it is necessary to
reinforce that this type of behavior is not tolerable within the city;
And whereas by this Resolution of Censure, the City Council desires to
address Mayor Valdivia’s comments and reinforce our commitment to
civil discourse now therefore be it resolved by the City Council of the
City of San Bernardino, San Bernardino County, California, as follows:
Section 1, the above stated recitals are incorporated herein by
reference
Section 2, the City Council of the City of San Bernardino hereby
reaffirms its commitment to insuring that all those coming into
contact with the city be treated with respect and integrity and a civil
public dialogue is encouraged. The City Council further calls on Mayor
John Valdivia to reaffirm his commitment to lead the city's employees
and officials in furthering this culture of inclusion through positive,
legal and truthful example.
Section 3, this Resolution to Censure Mayor John Valdivia shall be in
full force and effect immediately after its passage and approval.
Approved by the City Council of the City of San Bernardino, San
Bernardino County, California, October 2020