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HomeMy WebLinkAbout2-24-2021 Special Meeting_Open Session_Item 1_Hatch, Harry_Censure Resolution_Redacted Open Letter to the City Council 2-24-21 This letter is to bring the new Council Members up to date on an on going problem, that has not yet been addressed or answered in open session of the Council. It may be time to discuss this issue since there has been another incident. Open Letter to San Bernardino City Council, Mayor, City Manager, City Attorney and City Clerk I am requesting the Council review a draft resolution of censure on Mayor Valdivia I have attached, and request that it be presented in Public Comment on Agenda of the next Council Meeting. This is in response to his not allowing certain public comment being read into the record by Council Members on September 16, 2020 Public Council Meeting. Most recently on 2-17-21 at an Ad Hoc Council meeting for his failure to respond to comments of the New Council with reguard to his self-appointment as the Chair of the Committee contrary to the City Charter. The verbiage should address only these issues and allows a question to be answered as to why the change in the policy occurred without a vote by the Council and why he appointed himself to the committee after being informed by the City Attorney that this was not allowed in the Charter. This should require the Council to exercise its 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 the creation of this document. 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. By Censoring the Mayor, you are putting him on notice that his actions are contrary to the requirements of the Charter and Policies of the Council. This is a legal notice that may be required to take any additional action the Council may wish to consider. The Council is obligated, and It IS your right and DUTY to act on this issue as a Council. Harry H. Hatch Resident 7th Ward Draft version Resolution No. expressing disapproval and censure of Mayor John Valdivia’s recent actions at Public Meetings 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, integrity and honesty 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, integrity and honesty; 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 Febuary, 2021, and several other open City Council Meetings , San Bernardino Mayor John Valdivia did act contrary to the City Charter by self-appointment to an Ad Hoc committee on which he could not represent the City, or the Council, as well as the values of the city council and which demonstrate a lack of judgment and professionalism; And whereas in February 2021 he was advised by the City Attorney that he could not be part of this Ad Hoc Committee, he did present himself virtually at the meeting and acted as the Chair during an meeting that did not conform to the Brown Act or the City Charter; 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 continued these actions contrary to the City Charter and the Brown Act, 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, and the Councils oath of Office to insuring that all those coming into contact with the city be treated with respect, integrity and honesty 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 of Censure of Mayor John Valdivia for his failure to adhere to the rules of the City Charter, by appointing himself to an Ad hoc Committee overseeing the distribution of Federal Grant Funds in violation of the City Charter. Section 4, this Resolution of Censure of Mayor John Valdivia attempt to Chair the Ad Hoc Committee at a Public Hearing calling for action by a vote of the Council Person Present, contrary to the Brown Act and The City Charter; Section 5, 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, Febuary 2021