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HomeMy WebLinkAbout05-22-2024_Special Meeting_Closed Session_Plunk, Ronald._any links sanitizedFrom:Ronald Plunk To:CityClerkDepartment Subject:Public Comment for Special Meeting 22 May 2024 Re: City Manager Charles Montoya ’s Termination Date:Wednesday, May 22, 2024 3:41:56 PM Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments. Council and Mayor. It was very appropriate for you to bow to the pressure of your public and schedule this Special Meeting of the City Council and the Mayor to terminate City Manager Charles Montoya, and at a reasonable time so many more citizens could participate. It is disappointing, however, that you decided NOT to open the ZOOM lines with a proper delay for those of us that cannot physically attend this (and other) meetings. This sends the message that ONLY citizens that can physically attend your meetings are worthy of their civic input. As for reading emails publicly from ADA citizens, that remains to be seen this evening. IF you read emails from the Honorable Hardy Brown, you should read ALL ADA emails. We know Mr. Shorett and Mr. Sanchez have issues with this, as Mr. Shorett has made it very clear that he views the members of the public that speak in opposition to his position as inconsequential, and Mr. Sanchez stating that citizens that request public records are “frivolous”. The actions of Mr. Montoya prior to the Regular Meeting on 15 May 2024 amplifies the urgency for the Council and Mayor to correct their mistake from 18 October 2024 and abrogate Mr. Montoya’s contract. Mr. Montoya has violated several sections of the San Bernardino Municipal Code (SBMC) / The Charter of The City of San Bernardino (Charter), Article IV: City Manager, Section 401. Powers and Duties. Mr. Montoya threatened Director of Finance Ms. Barbara Whitehorn with the release of compromising personal information unless she resigned, then terminated her without cause when she refused. This was due to her notifying the City Hall Renovation Capital team and the Director of Public Works, Mr. Lynn Merrill, of (1) the lack of funding for Mr. Montoya’s project and (2) discovering the cost overrun from $80 million to $120 million was NOT in the proposed 2023-24 or the 2024-2025 budgets, Her termination indicates Mr. Montoya was covering up the cost overrun from the Council, the Mayor and the citizens the City of San Bernardino. This violates subsection (d) that states the City Manager is to “Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them;” and subsection (o) “Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City;” Deputy City Manager Asusena “Suzie” Soren was witness to this action and did not intercede or report this to the Council or the Mayor, and therefore becomes an accomplice and termination with cause is appropriate. As Ms. Soren’s position isn’t listed on the agenda, I presume her status as Deputy City Manager is intact. One hopes that, due to her involvement and lack of action in Ms. Whitehorn’s dismissal, that Ms. Soren WILL NOT BE appointed as the interim City Manager. We presume a letter of admonishment or reprimand will be placed in Ms. Soren’s personnel folder, pending dismissal. Again, notably absent from this assailment was the Human Resources Director, Ms. Andrea E. Russell, or one of her staff. Either she chose to or her department was prevented from attending the Ms. Whitehorn’s termination meeting. We presume a letter of admonishment or reprimand will also be placed in Ms. Russell’s personnel folder. This is a repeated reaction by Mr. Montoya when, as Finance Director of Castle Rock, CO, he terminated Assistant Finance Director Susan Johnson after she raised red flags about spending issues by Mr. Montoya’s department, prior to his own dismissal. Additionally, the fact that Mr. Montoya publicly stated in the 31 January 2024 Study Session that he had signed a Letter of Intent with Stifel, Nicolaus and Company (https://www.youtube.com/watch?v=WKILjh9tDnY&t=5248s) to submit a bond proposal for the City Hall renovation without the Council or Mayors knowledge or approval is a violation of the SBMC / Charter under Article IV: City Manager, Section 401. Powers and Duties. Article IV, Section 401 does NOT stipulate that signing Letters of Intent is part of the City Manager’s powers or duties. However, multiple requests to the City Clerk’s Office have been given the response of “no such document exists” implies that either (1) the City Clerk’s Office is refusing to release this Letter, (2) Mr. Montoya has the Letter but has no intention to file it with the City Clerk’s Office, OR that (3) Mr. Montoya, Stifel, or both NEVER signed said Letter of Intent and lied to the Council, Mayor and the citizens of San Bernardino. This seems to be a Modus Operandi with Mr. Montoya and Stifel, as local social media sites have uploaded documentation of Mr. Montoya giving contracts to Stifel when he was the Town Manager for Florence, AZ, as well as City Manager for Watsonville, CA. Confusingly, at the end of the Regular Meeting on 15 May 2024, Mr. Montoya pulled item #29, the City Hall Renovation Project Step 1 from Discussion to “talk to the vendors” (https://www.youtube.com/live/I_aCjCNUyco?si=-dZ6JgvHYT3_4tLM&t=13954) . Interesting, as this was to discuss Resolution 2024-090 (Resolution Of The City Council Of The City Of San Bernardino Authorizing The Creation Of The City Of San Bernardino Financing Authority And Certain Other Matters Pertaining Thereto) And Resolution 2024-091 (Resolution Of The City Council Of The City Of San Bernardino Declaring Its Intent To Issue Tax Exempt Obligations To Be Used To Reimburse Expenditures Prior To The Issuance Of Such Bonds). Nowhere in the packet are any external vendors mentioned, unless Mr. Montoya was referring to Stifel. However, in the official city statement made by Jeff Kraus, Public Information Officer on 17 May 2024 on the City of San Bernardino website, he states that “Council meeting rules require the adjournment of the meeting by 10:00 pm, and under certain circumstances, by 10:30 pm. It was determined that there was not enough time for the Council and members of the public to view the presentation, hear public comment, ask questions, and fully deliberate the issue in the time remaining.” Nowhere in the Regular Meeting was that stated. Here is an occurrence of “false news” by either Mr. Montoya OR Mr. Kraus. Perhaps Mr. Kraus should join Mr. Montoya and Ms. Soren in the exit parade, or, at least, a letter of admonishment or reprimand placed in Mr. Kraus’ personnel folder. Finally, per Mr. Kraus, Ms. Whitehorn was “terminated for cause involving financial issues that were unrelated to the City Hall project”. If so, then a financial audit of the City of San Bernardino is in order to ferret out what financial issues Ms. Whitehorn is accused of mishandling. We expect a future closed meeting will address these lapses of judgement by Ms. Soren, Ms. Russell, and Mr. Kraus. We look forward to tonight’s Special Meeting. Ronald Plunk