Alleged hostility in City Hall
It's hard to tell what the update is with the claim filed by public information officer Sue Williams against the city of West Covina since city officials are hiding behind the closed session meeting laws, but tonight there is another "conference with legal counsel" regarding the Williams case.
Williams alleged that Mayor Roger Hernandez subjected her to a hostile work environment.
What makes tonight's meeting difference than previous meetings, as far as I can tell, is that normally in the meetings, the Chris Chung, pictured below, "anticipated litigation" is grouped with the Williams claim. This time around, it is only Williams. Williams and Chung, who asked for $3 million and job security at West Covina, have the same attorney.
Chung also alleges that Hernandez subjected Chung to a hostile work environment.
I asked the city manager whether Williams has made a demand, and he said he can't say. Williams' attorney, Victor Jacobovitz, won't return calls, and city council members say they can't reveal anything because it is a closed session item.
Also on the closed session meeting tonight is the public employee performance evaluation of City Manager, Andrew Pasmant.
Usually a "demand" is denied in an open meeting forum, then the door is open to actually file litigation. A public records request seeking all demands filed against the city within the last 18 months should produce the PUBLIC RECORDS you are seeking.
More evidence that our "mayor" has serious psychological issues:
Formal request for assistance with respect to closed session
Andy,
I am writing in order to make two formal requests, which I have outlined below.
As you are aware, during the closed session of September 2, 2008, Councilmember Herfert directed several loud and threatening statements towards me. Specifically, he directed the following comments towards me: "We're gonna come after your ass," "If not us, someone else will, " and "We are gonna sue your ass." They were made in a physically aggressive manner, while leaning into my personal space and waving his finger in a confrontational manner, which made all staff and councilmembers visibly uncomfortable. I understood his statements and body language as making a threat upon my life and livelihood. As I noted to you then and the Chief of Police thereafter, these statements caused me to fear for my personal safety.
At that time, I asked for your assistance in documenting the events I described above. You responded, while throwing your pen upon your notepad, that you could do nothing because it was a closed session. I understand that information discussed during a closed session is confidential; however, Councilmember Herfert's comments, first of all, had nothing to do with any closed session item that was placed upon on the agenda and nothing to do with any matter for which we could have legally convened a closed session. Moreover, Councilmember Herfert's comments, which I deem to be a threat upon my life, may be criminal activity. I would think that criminal conduct, in the form of battery or assault, for example, cannot be protected from disclosure. Therefore, I believe that Councilmember Herfert's comments were not confidential. They were stand-alone personal attacks upon me and, whether criminally actionable or not, should not be permitted.
In addition, I understand that as a councilmember, I have a right to feel safe when attending to my duties as an elected official. As councilmembers, we all do. Therefore, at this time, I'd like to make the following two requests:
1.) I would like law enforcement personnel to be present during all closed sessions. I have contacted the Chief of Police in order to request his assistance in this regard. I was, in fact, absent for twenty-five minutes of open session due to both my fear and my desire to properly document the events that had transpired with the appropriate authorities. Had there been law enforcement present during the closed session, I may have had the opportunity to join my fellow councilmembers at the beginning of the meeting. This should not happen again.
2.) I would like all closed sessions to be tape-recorded in order to potentially deter further attacks and also for evidentiary reasons, should there be a need to take further action.
Lastly, I would like to note for the record that Councilmember Herfert's conduct was, at minimum, unprofessional and alarming for the other councilmembers present. His actions undermine the institutional foundations of our governance: Intimidating other councilmbers is inimical to productive discussion and action. It further undermines our duties as elected officials and the proper execution of our responsibilities. As Councilmember Herfert should know, terror is not conducive to the creativity and hard work necessary to overcome the challenges faced by our City.
Please confirm that you have received this email and advise me of your conclusion with respect to my requests.
Roger Hernandez
More evidence that our "mayor" has serious psychological issues:
Formal request for assistance with respect to closed session
Andy,
I am writing in order to make two formal requests, which I have outlined below.
As you are aware, during the closed session of September 2, 2008, Councilmember Herfert directed several loud and threatening statements towards me. Specifically, he directed the following comments towards me: "We're gonna come after your ass," "If not us, someone else will, " and "We are gonna sue your ass." They were made in a physically aggressive manner, while leaning into my personal space and waving his finger in a confrontational manner, which made all staff and councilmembers visibly uncomfortable. I understood his statements and body language as making a threat upon my life and livelihood. As I noted to you then and the Chief of Police thereafter, these statements caused me to fear for my personal safety.
At that time, I asked for your assistance in documenting the events I described above. You responded, while throwing your pen upon your notepad, that you could do nothing because it was a closed session. I understand that information discussed during a closed session is confidential; however, Councilmember Herfert's comments, first of all, had nothing to do with any closed session item that was placed upon on the agenda and nothing to do with any matter for which we could have legally convened a closed session. Moreover, Councilmember Herfert's comments, which I deem to be a threat upon my life, may be criminal activity. I would think that criminal conduct, in the form of battery or assault, for example, cannot be protected from disclosure. Therefore, I believe that Councilmember Herfert's comments were not confidential. They were stand-alone personal attacks upon me and, whether criminally actionable or not, should not be permitted.
In addition, I understand that as a councilmember, I have a right to feel safe when attending to my duties as an elected official. As councilmembers, we all do. Therefore, at this time, I'd like to make the following two requests:
1.) I would like law enforcement personnel to be present during all closed sessions. I have contacted the Chief of Police in order to request his assistance in this regard. I was, in fact, absent for twenty-five minutes of open session due to both my fear and my desire to properly document the events that had transpired with the appropriate authorities. Had there been law enforcement present during the closed session, I may have had the opportunity to join my fellow councilmembers at the beginning of the meeting. This should not happen again.
2.) I would like all closed sessions to be tape-recorded in order to potentially deter further attacks and also for evidentiary reasons, should there be a need to take further action.
Lastly, I would like to note for the record that Councilmember Herfert's conduct was, at minimum, unprofessional and alarming for the other councilmembers present. His actions undermine the institutional foundations of our governance: Intimidating other councilmbers is inimical to productive discussion and action. It further undermines our duties as elected officials and the proper execution of our responsibilities. As Councilmember Herfert should know, terror is not conducive to the creativity and hard work necessary to overcome the challenges faced by our City.
Please confirm that you have received this email and advise me of your conclusion with respect to my requests.
Roger Hernandez