No censure for Ernie
![mgutierrez[1].jpg](http://www.insidesocal.com/sgvgov/mgutierrez%5B1%5D.jpg)
I just got these notes from reporter Brian Day, who went to the El Monte City Council meeting last night.
Word on the street was Mayor Ernest Gutierrez was going to be censured for alleged misappropriate behavior at a city-sponsored fund-raiser a few weeks ago.
Well, the censure didn't happen, but the following comments were made:
Councilwoman Patricia Wallach:
Regarding the item listed under her name regarding the city's Cinco de Mayo fund-raiser/dance, at which the mayor allegedly made some sort of offensive remarks, she said, "I wanted to put this on the agenda so that the community would not think that we are sweeping things under the rug. Normally we don't comment on things like that that are done in public comments. We do ask staff to look in to the matter, and that's exactly what happened."
Wallach then asked the City Manager, Mr. Mussenden, when the council would receive a report on the incident.
Mussenden said, "We're evaluating the event and asking questions of people who attended the fund-raiser and dance, and we will be reporting back to you."
He added that the report will hopefully be presented at the next council meeting. "That item will be in closed session," he said.
Awwwwwwwwwwww.
Councilwoman Ishigaki was the only other council person to chime in, saying she had researched rules and norms regarding censure, "Which is what I think people want us to do," she said.
The rules and norms drafted by an ad-hoc committee in 2006 state, she said, "The city council should not impose censure on any of its members for the exercise of his or her 1st Amendment rights, no matter how distasteful the expression was to the city council, to the public, or to the city... However, nothing herein shall be construed to prohibit the city council from collectively condemning and expressing strong disapproval or criticism of such remarks."
"I wasn't there, and of course I'd never approve of this," Ishigaki said. "The norms and procedures protect any elected official... on 1st Amendment rights. I think we need to spend more time on El Monte burning, with sewer assessment and trash issues and budget problems and employee problems. I think that's what we were elected to do."
I think I'm going to have to start attending city functions waaaaay more often.
Comments
They indicated it would be discussed in closed session?
Under what exemption?
Read the Brown Act, no exemption for a closed session to discuss the actions of a council member!
This "report" and any discussion on the council member's behavior should be held at a public meeting.
Posted by: gilman | May 22, 2008 12:32 AM
Mr.Gilman is absolutely correct. It seems to me that the majority of the city council does not want to address Mayor Gutierrez's actions. Councilwoman Wallach seems to be the only individual who is willing to bring this out into the open. What happened to Councilmembers Barrios and Gomez? Are they intimidated by Gutierrez or simply afraid to go against who ever gives the marching orders? Why are they even there as elected councilmembers? Ishigaki clearly thinks that Gutierrez is above moral ethics and social behavior that is appropriate. Who is she kidding? Norms and procedures do not protect elected officials. They help to serve as guidelines for them NOT to over step their boundries. They are not the exception to the rule. This agenda item is and should be held at an open council meeting NOT A CLOSED one. That is a violation of the Brown Act. Where is the city attorney. Someone get him a book on the Brown Act ASAP! If this does take place in closed session the L.A. District Attorneys Office should be contacted immediately. What is Gutierrez afraid of? The truth. The residents have a right to know the truth of what took place at the Cinco de Mayor Sister City Event. After all city staff, time and the cities money was spent on this fiascal. Do the right thing. Your civic responsibility and duty will thank you in the long run. Don't follow with other cities who try to violate the law and misinform people and try to sugar coat or hind things. The truth always comes out. Do right by the people who put you into office. You all know better. At least we all hope you do. We shall see.
Posted by: El Monte Residents | May 22, 2008 1:31 AM
Gilman and El Monte residents are both correct. Anyone with just the slightest knowledge of the Brown Act knows this does not fall under one of the VERY FEW exceptions to the Brown Act. If they try saying its a personnel matter, I don't think that applies to electeds. Sorry. If they try putting this in closed session, I say the good people of El Monte put up a fight. Electeds have far too long relied on the gullibility of citizens to get away with misdeeds. DON'T LET IT HAPPEN!!!!
Posted by: West Covina Watcher | May 22, 2008 9:15 AM
The other side of the coin is, if they do it in public session, they will all have their "public" face on, and nothign will be done. Meanwhile, if in closed session, they may convince Ernie to apologize or at least have some other type of reckoning.
Posted by: Anonymous | May 22, 2008 1:30 PM
Public face or not. The people of El Monte will finally see them for what they are. Spinless jellyfish. Oviously there is something to what Gutierrez was involved in. What is the old saying? "Where there is smoke, ther's fire." Who wants an opology from a mayor who can't hold his liquor, steps out on his wife and talks like a thug. After viewing the May 6, 2008 council meeting from El Monte on their web page I saw for myself what may turn out to be a cover up. I can't wait to see the May 21st Tuesday council meeting. Let's see what games they play now? I only hope they have an honest ethical attorney. Can't wait.
Posted by: Where There Is Smoke There Is Fire | May 22, 2008 6:56 PM
I believe the El Monte council meeting was held on the 20th not the 21st. These blogs have sparked an interest. How soon do they post their video taped council meeting? I can't wait to see and hear for myself what they all have to say. Especially Councilwoman Isigaki. Does she even know what she says. In reading her comments it looks as if she does not care about the mayors disgraceful behavior. Her interpertation of the city policy on rules and norms is ridiculous and stupit. She needs to be sent back to city council school #101. Better yet how about picking up the paperback on, City Council for Dummies. Good luck to the residents of El Monte.
Posted by: City of Rosemead Resident | May 22, 2008 11:34 PM
"Censure" according to my dictionary means: condemning as wrong; strong disapproval 2 a judgement of resolution condeming a person for misconduct; specif. an official expression of disapproval by a legislature. It doesn't deprive the illustrious (not) mayor of his first amendment rights. Ernie says he runs this f***ing city, and it is obvious his buddy Emily agrees. Come on Art and "J". Dig your heads out of the sand and take a stand against this disgusting and embarrassing behavior.
Posted by: another resident | May 23, 2008 9:02 AM
Why
hasn't this story been featured in the SGV Tribue?
Posted by: Neighbor | May 23, 2008 10:24 AM