[*Portions of this meeting are without audio]
[4. PUBLIC COMMENTS]
[00:01:37]
AND HIS RESPONSE IS THAT HE, HE LOOKED AT THE APPROPRIATION LINE AND JUST BECAUSE THERE WAS AN APPROPRIATION LINE THAT WAS ENOUGH TO SAY THAT THE UNEXPLAINABLE EXPENDITURES COULD BE SPENT THE WAY THEY SPENT.
I THOUGHT THAT WAS REALLY, UH, DISSERVICE TO THE PEOPLE WHO WERE ASKING THEM THE QUESTION.
THERE COULD HAVE BEEN A LOT OF DIFFERENT WAYS HE COULD HAVE ASKED AND, AND, AND, AND, AND PROVIDED MORE VALUABLE INFORMATION TO MAKE PEOPLE, UH, UNDERSTAND THE BASIS OF THAT BECAUSE OF THAT REASON.
YOU KNOW, I THINK BARRY DID A POOR JOB AND IT SET THE TONE FOR MANY SUBSEQUENT DISCUSSIONS AND CONFLICTS THAT WE HAD.
SO HIS LACK OF CLARIFICATION IS, IS AMAZING IN, IN CRITICAL TIMES.
YOU KNOW, EVEN JOSE ASKING BARRY AT A CRITICAL MOMENT, WELL, YOU KNOW, THESE EXPENDITURES THAT WE WERE, THERE WEREN'T QUESTIONS ARE VETTED BY THE ATTORNEY.
YOU KNOW, JUST ASKING FOR PEOPLE TO SAY THAT THERE'S AN APPROPRIATION LINE, IT'S NOT ENOUGH.
THERE WAS NO QUESTION WHETHER THESE EXPENDITURES WERE CITY RELATED OR WERE REASONABLE OR WERE VERIFIABLE.
TO ME, YOU KNOW, THAT'S FROM A CITIZEN STANDPOINT, MAYBE FROM A LEGAL STANDPOINT, HE COULD SAY, WELL, YOU KNOW, I DID ALL I CAN BECAUSE I'M A LAWYER AND THAT'S ALL I'M LEGALLY, BUT FROM A MORAL CITIZENS EXPECTATIONS OF WHAT THE CITY ATTORNEY SHOULD DO TO PROTECT THE CITY, UH, COFFERS THAT WAS DEFICIENT.
OKAY, NEXT WE HAVE, UH, MICHAEL AGUIRE.
WE HAVE, UH, EVERYONE SET FOR TWO MINUTES ON, ON THESE SESSIONS.
AND AGAIN, MY DEAR FRIENDS, THANK YOU FOR LETTING ME COME AND SPEAK WITH YOU TODAY.
I WANT TO SAY SOMETHING THAT YOU WILL FIND TO BE IMPORTANT, AND THAT IS YOUR CITY ATTORNEY.
WITHOUT APPROVAL FROM YOUR COUNSEL, HIRED AN OUTSIDE LAWYER TO WORK ON THE PUBLIC RECORDS CASE THAT YOUR CITY ATTORNEY SAID THE CITY HAD ALREADY PRODUCED ALL THE RECORDS.
HOW IS THAT POSSIBLE TO NOT HAVE THE COUNCIL MAKE A JUDGMENT CALL? SO YOU HAVE TWO ATTORNEYS REPRESENTING ESSENTIALLY THE MAYOR, MY DEAR FRIEND AND HIS ASSISTANT, WHO APPEAR TO HAVE PARTICIPATED IN GETTING THE STAFF TO APPROVE SOMETHING THAT THE STAFF AT THE PLANNING DEPARTMENT SHOULDN'T HAVE APPROVED.
YOU HAVE THE MAYOR AND HIS ASSISTANT, THE REST OF THE COUNCIL IS COMPLETELY INNOCENT, AND IF THERE WAS GONNA BE OUTSIDE COUNCIL HIRED, THERE SHOULD HAVE BEEN OUTSIDE COUNCIL HIRED FOR THE INNOCENT MEMBERS OF THE COUNCIL, NOT BEEFING UP THE MAYOR AND HIS ASSISTANTS, UH, REPRESENTATION.
SO I KNOW IT'S PAINFUL TO SAY, BUT THIS GREAT DEMOCRACY OF OURS TREASURES HONESTY AND CANDOR, BUT WITH LOVE AND WITH NO HOSTILITY.
AND I JUST HOPE THAT YOU WILL ASK, CONSIDER WHETHER YOU, ALL THE INNOCENT MEMBERS SHOULD HAVE SEPARATE LEGAL
[00:05:01]
COUNSEL TO ADVISE YOU.NEXT, WE HAVE ALICIA MORRISON TO BE FOLLOWED BY, UH, MACKEL, UH, POLANCO.
GOOD EVENING, MAYOR AND COUNCIL MEMBERS.
THANK YOU FOR THE OPPORTUNITY TO SPEAK DURING THIS PERFORMANCE EVALUATION OF THE CITY ATTORNEY.
I WANNA RAISE A COUPLE OF ETHICAL CONCERNS THAT I NEED ADDRESSING.
FIRST, IT HAS COME TO OUR ATTENTION THAT THE CITY ATTORNEY MAY HAVE ENGAGED HIS FORMER LAW FIRM TO WORK ON A CURRENT CASE WITHOUT PROPER AUTHORIZATION FROM THE CITY COUNCIL.
IS THIS ETHICAL? IT'S JUST A SIMPLE QUESTION.
SECONDLY, THERE HAVE BEEN AS ASSERTIONS FROM THE CITY OFF CITY ATTORNEY'S OFFICE CLAIMING THAT ALL RECORDS HAVE BEEN PRODUCED.
HOWEVER, EVIDENCE SUGGESTS THAT THIS IS NOT THE CASE.
SO AGAIN, I AM ASKING, IS THIS ETHICAL FOR THE CITY ATTORNEY TO MAKE STATEMENTS WHEN THEY ARE CONTRADICTED BY THE RECORD? THESE QUESTIONS ARE NOT JUST PROCEDURAL, THEY GO TO THE HEART OF ETHICAL GOVERNANCE.
WE RELY ON ELECTED PUBLIC OFFICIALS BY THE PEOPLE'S VOTE, UH, INCLUDING AND ESPECIALLY THE CITY ATTORNEY, TO ACT NOT ONLY WITHIN LEGAL BOUNDARIES, BUT ALSO WITH ETHICAL ONES.
I HIGHLY URGE THE COUNSEL TO CONSIDER THESE CONCERNS SERIOUSLY AS PART OF THIS EVALUATION.
OKAY, MIKA BLANCO, FOLLOWED BY, UH, LUISA MCCARTHY.
I WOULD LIKE TO SEE IF I HAVE TWO MINUTES OR THREE MINUTES.
UM, I WANNA URGE THE CITY, UH, COUNCIL MEMBERS AND, AND THE MAYORS TO DO A THOROUGH AND CRITICAL, UH, REVIEW OF THE CITY ATTORNEY'S ACTIONS, PARTICULARLY IN RELATION TO THE PROJECT THAT HAS RAISED SIGNIFICANT CONCERNS AMONG OUR COMMUNITY.
THIS ONION PROJECT PROPOSED UNREALISTIC AND DIS APPROPRIATE DEVELOPMENT.
FIRST, FIRSTLY, I WOULD LIKE TO KNOW IF THE CITY ATTORNEY INVESTIGATED POTENTIAL FINANCIAL FAVORS RECEIVED BY JOSIE FLORES CLARK.
UH, DID YOU MR. SCHULTZ, UH, REVIEW ALL HER CELL PHONE RECORDS, ALL HER EMAILS, AND WHAT EVIDENCE DO YOU HAVE, UH, THAT YOU DID, AND WHAT EVIDENCE DO YOU HAVE TO, UH, HAVE GIVEN TO THE CITY COUNCILS TO KNOW THAT THAT THAT WAS DONE? UM, WE HAVE, UH, NO EVIDENCE THAT THAT WAS DONE.
AND DID, UM, UH, MR. SCHULTZ LOOK AT THE MAYOR'S CELL PHONES EMAILS TO MAKE SURE THAT ALL OF THAT WAS DONE? HOW, UM, DO YOU KNOW IF THE CITY HAS GIVEN US ALL THE RECORDS AS, AS YOU CLAIM THAT THEY HAVE? WHAT PROOF DO WE HAVE? AND, UM, DID MR. SCHULTZ INVESTIGATE ANY FINANCIAL FAVORS? AND HOW, HOW DID YOU DO THAT? WHAT DID YOU, WHO DID YOU TALK TO? UM, FIRST AND FOREMOST, UH, I THINK IT IS VITAL TO DETERMINE IF THERE WERE ANY IMPROPER COMMUNICATIONS OR DEALINGS SUCH AS TEXT MESSAGES OR CALLS.
WITH THE PROMOTERS OF THIS PROJECT, I'M MOSTLY CONCERNED ABOUT THE INVOLVEMENT OF KEY CITY OFFICIALS, INCLUDING THE MAYOR AND THE CITY MANAGER IN WHAT SHOULD BE A, PRIMARILY A PLANNING MATTER WHERE, WERE THERE ANY MEETINGS HELD OUTSIDE THE PRESENCE OF PLANNING DEPARTMENT AND WHY WERE THE, THESE CITY OFFICIALS DIRECTLY INVOLVED IN THE PLANNING ISSUES? UM, I THINK THAT WE NEED A CITY ATTORNEY TO BE PROACTIVE AND VIGILANT AND TRANSPARENT.
LUIS MCCARTHY TO BE FOLLOWED BY MARIA SEVERSON.
I'VE BEEN DOING A LITTLE HOMEWORK AND I LOOKED UP THE ROLE OF THE CITY MAN, A CITY ATTORNEY.
IS HE DOING HIS JOB? HE'S HIRED TO ASSIST THE CITY COUNCIL AND STAFF ON CONFLICT OF INTEREST AND BROWN ACT ISSUES, PLUS A LOT OF OTHER THINGS, RIGHT? WHY IS OUTSIDE COUNSEL BEING HIRED OR NEEDED FOR A GARDEN VARIETY RECORDS, PUBLIC RECORDS CASE? THE BEST ANALOGY I CAN GIVE YOU, IT'S LIKE HIRING A SURGEON TO TAKE OUT A SPLINTER OR IS IT MAJOR SURGERY? AND IF IT IS, WHAT HAS HE DONE TO INVESTIGATE IT? WHAT HAS HE DONE TO MAKE SURE THAT RECORDS ARE PROVIDED? SIMPLE IS THE CITY THAT FLESH THAT HAS, UH, A SURPLUS OF CASH TO JUST GIVE AWAY AND, AND, UH, OUTSIDE AND, AND HIRE OUTSIDE COUNSEL FOR BASIC GOVERNMENT COMPLIANCE ISSUES,
[00:10:02]
UH, REQUESTS FOR PUBLIC RECORDS.DOES THAT MAKE ANY SENSE TO YOU? LIKE REALLY, WITH RESPECT TO ALL OF YOU THAT ARE SITTING HERE IN FRONT OF ME, IF I WERE IN YOUR SHOES AND SITTING IN THAT CHAIR, I WOULD WANT A WATCHDOG, NOT A LAP DOG.
NEXT WE HAVE MARIA VERSON AND DO, AND THEN, UH, DOYLE, UH, MORRISON.
MEMBERS OF THE COUNCIL, MAYOR, CITY ATTORNEY, UM, CITY MANAGER, UH, IS ON THE PHONE, BUT I'M SURE THERE'S SOMETHING VERY IMPORTANT.
OKAY, SO I UNDERSTAND THAT THE COUNCIL WILL BE REVIEWING THE PERFORMANCE EVALUATION OF THE CITY ATTORNEY WHO COMES WITH A WEALTH OF EXPERIENCE.
WHY DID THE CITY, WHY DID THE CITY COUNCIL AND THE CITY OF NATIONAL CITY DECIDE TO HIRE SOMEONE FROM WHO IS IN, UH, PRIVATE FIRM AND THE FIRM IS DEVANEY PATE, ET CETERA, WHEN, UH, HE'S FULLY CAPABLE OF DOING PUBLIC RECORDS ACT CASES, BROWN ACT CASES? THE CHAPTER 2.02, UH, DEFINES THE ROLES OF THE CITY ATTORNEY AND THE PURPOSES, AND IT'S ONE OF THE THINGS THAT SAYS HE HAS CHARGE AND CONTROL OF ALL OUTSIDE COUNSEL ENGAGED.
AND, AND I READ CAREFULLY AND I SEE IT TALKED ABOUT CHARGING AND CONTROL OVER CIVIL ACTIONS AND, UH, TO SELECT OUTSIDE COUNSEL.
WHAT IT DOESN'T SAY VERY CONSPICUOUSLY IS TO RETAIN OUTSIDE COUNSEL.
SO WHO HAS THE AUTHORITY TO CONTRACT, TO LET A CONTRACT AND REQUIRE THE CITY TO MAKE PAYMENTS ON THAT CONTRACT, BECAUSE IT DOESN'T SEEM TO BE WITHIN THE CITY ATTORNEY'S, UH, ROLE HERE.
SO THEN YOU LOOK AT, OKAY, WHY ISN'T IT THIS VERY GENERIC BROWN ACT CASE? WHY IS THAT BEING OUTSOURCED? I MEAN, I GET IT.
IF IT'S A FLOOD CASE, YOU NEED HYDROLOGISTS SPECIALISTS, SOME LAND USE THING, BUT THIS IS A BROWN ACT CASE THAT INVOLVES CONDUCT OF THE PUBLIC.
WHY IS THE PUBLICLY RETAINED CITY ATTORNEY NOT DEFENDING THEM? AND THEN THE FIRM THAT IS HIRED IS THE OLD FIRM.
NOW ON THE LINKEDIN, UH, IT SAYS THAT HE HAD WORKED WITH, WAS A PARTNER AT, UH, THE LAW FIRM, DVMP FOR SIX YEARS, NINE MONTHS, ALMOST SEVEN YEARS, AND YET, AND THEN THERE'S THE CITY ATTORNEY WEBSITE THAT SAYS HE'S THE CITY ATTORNEY.
BUT HERE, JUST TODAY, HE'S STILL LISTED AS A PARTNER ON THE, THAT LAW FIRM THAT HE HIRED OUT.
SO WHO IS REALLY DOING THE WORK HERE AND WHY? ABSOLUTE.
NEXT WE HAVE DOYLE MORRISON TO BE FOLLOWED BY LILIANA ARMA.
HELLO, UH, MAYOR COUNCILMAN, CITY ATTORNEY, UH, THE CITY MANAGER.
UM, I'M HERE TONIGHT TO, TO MAKE SOME COMMENTS TO YOU, BUT I WANT TO SEE, JUST TELL YOU OF AN OBSERVATION.
I'M, I I PEOPLE COME HERE AND THEY PREPARE TO SPEAK TO YOU SO THAT THEY CAN DO BUSINESS.
AND I SEE PEOPLE WITH THEIR HEADS DOWN, THEY'RE ON THEIR PHONE, AND IT MAKES ME WONDER, DO YOU GUYS EVEN THINK IT'S IMPORTANT FOR US TO BE HERE? THAT'S THE QUESTION THAT I'M ASKING, BUT THE ACTIONS SHOW MAYBE SOMETHING A LITTLE DIFFERENT, AND I THINK MAYBE AS REPRESENTATIVES OF, OF THIS GREAT CITY, OF NASHVILLE CITY THAT MAYBE WE SHOULD GIVE THE PEOPLE THE ATTENTION THEY NEED WHILE THEY'RE SPEAKING.
AND SO I MYSELF AM AN ELECTRICIAN 40 YEARS IN THE TRADE.
I JUST GOT A 40, 40 YEAR PEN LAST YEAR.
I WORKED WITH MY HANDS, UH, ONE TIME I, I WAS IN A LITTLE TROUBLE AND I GOT DRESSED UP TO REPRESENT MYSELF, AND THE JUDGE SAID, IS YOUR CLIENT HERE? AND I SAID, NO, BUT I CLEAN UP NICE, DON'T I? OKAY.
SO I, I'M JUST SAYING THAT TO, TO LIGHTEN THIS UP A LITTLE, BUT IN MY TRADE, IF I'M DOING A PERFORMANCE OF SOMEONE AND THEY'RE SUBBING OUT THE WORK, I WOULDN'T GIVE THEM A RAISE.
AND I'M NOT SURE THAT THAT GOING OUTSIDE OF THE CITY ATTORNEY TO ANOTHER LAW FIRM, ESPECIALLY ONE THAT HE'S BEEN INVOLVED WITH BEFORE, IS ACTUALLY, UM, THE RIGHT THING TO DO.
UM, I DON'T KNOW THAT THAT'S ETHICAL.
I PERSONALLY LOOK AT IT AS I WAS LOOKING AT EVERYONE ON THEIR PHONES AND I'M LIKE, THERE'S A, THERE'S A PROBLEM HERE.
AND I THINK THAT MAYBE WE SHOULD WAIT UNTIL THE CITY ATTORNEY IS, IS DOING THE WORK THAT HE'S SUPPOSED TO BE DOING, AND MAYBE WE SHOULD GIVE HIM A PERFORMANCE EVALUATION AFTER HE DOES THE WORK.
GOOD EVENING MAYOR, COUNCIL AND STAFF.
[00:15:01]
A RESIDENT AND AS A PLANNING COMMISSIONER, UH, TO DISCUSS A COUPLE, UH, ETHICAL CONCERNS ABOUT, UM, OUR CITY ATTORNEY.MY PERSONAL INTERACTIONS WITH HIM, UM, HAVE BEEN PROBLEMATIC, UH, TO HIS GOVERNANCE.
I FILED A HARASSMENT COMPLAINT LAST YEAR REGARDING ACTIONS TAKEN BY ANOTHER COUNCIL MEMBER THAT AFFECTED MY PERSONAL SAFETY AND QUESTIONED MY SUITABILITY FOR COMMUNITY DECISION MAKING BASED ON, ON POLITICAL AFFILIATION.
WHILE CARRYING OUT MY DUTIES AS A PLANNING COMMISSIONER, THE HANDLING OF MY COMPLAINT BY MR. SCHULTZ WAS DISMISSIVE AND LACKED THE IMPARTIALITY REQUIRED BY HIS OFFICE.
THERE WAS NO THOROUGH INVESTIGATION, NOR WAS THERE AN ATTEMPT TO ADDRESS THE CONFLICT OF INTEREST INHERENT IN THE SITUATION GIVEN HIS DIRECT REPORTING TO THE COUNCIL.
THIS EXPERIENCE LEFT ME FEELING UNSAFE AND THREATENED.
HIS LACK OF FOCUS ON ETHICAL STANDARDS WILL CONTINUE TO IMPACT THE COMMUNITY'S OPINION, UM, ON DECORUM AND PROFESSIONALISM.
IT IS KNOWN THAT OUR CITY ATTORNEY HAS ENGAGED IN OUTSIDE COUNSEL WITHOUT PROPER COUNSEL AUTHORIZATION.
DOES THIS MEAN HE'S MISHANDLING OUR PUBLIC RESOURCES? I DON'T KNOW, BUT THAT'S WHAT IT LOOKS LIKE.
NOTABLY, HE HIRED OUTSIDE COUNSEL TO MANAGE A STATE BAR COMPLAINT AGAINST HIMSELF.
THIS BEHAVIOR UNDERMINES THE TRUSTED COUNCIL AND COMMUNITY PLACE IN HIS OFFICE.
I URGE THE COUNCIL TO CONSIDER WHETHER HIS CONTINUED ROLE AS CITY ATTORNEY ALIGNS WITH THE BEST INTEREST OF NATIONAL CITY AND ALL STANDARDS, UH, AND ALL RESIDENTS.
ALRIGHT, THAT'S ALL OF OUR SPEAKERS.
[5. CLOSED SESSION]
HAVE ONE ITEM FOR CLOSED SESSION THIS AFTERNOON, AND, UH, I WILL BE TURNING THAT OVER TO OUR CITY ATTORNEY.UH, WE DO HAVE ONE ITEM FOR, UH, REVIEW AND CLOSED SESSION AND THAT IS THE PERFORMANCE EVALUATION OF THE CITY ATTORNEY.
ALRIGHT, WE WILL NOW GO INTO CLOSED SESSION AND WE'LL REPORT OUT, UH, WE'LL RECONVENE AFTER THE MEETING, REPORT OUT AT THE END OF THE MEETING.
WE WILL BE REPORTING OUT OF CLOSED SESSION AT THE END OF THE COUNCIL MEETING.
UH, WITH THAT I WILL ADJOURN CLOSED SESSION AND THEN WE WILL, I'M GONNA GIVE A FIVE MINUTE BREAK JUST SO WE CAN GET OUR MATERIALS COME BACK IN, UH, AND I ASK THE COUNCIL TO DO THEIR FIVE MINUTES, COME BACK HERE SO IF THEY COME OUT THERE AND TALK TO YOU IN THE AUDIENCE, DON'T TALK TO 'EM.
SO WE CAN GET, WE CAN GET STARTED.