News and Notes from Tustin Councilwoman Deborah Gavello

MAY 2011

Tustin activism seems to be awakening from a long slumber. I have never seen so many residents show up at council meetings and speak. I like it! I wish more would come and participate in this messy business we call democracy.

The first large gathering was on April 6th when a large group of citizens got together and served the Mayor with a recall notice, only the second time in Tustin’s history.

The second large gathering was on April 25th in reaction to the Mayor’s agenda item for an emergency ordinance in regard to grading at a Tustin school site. Emergency ordinances are permitted for protection of health, safety, and welfare and take effect immediately. It was clear to me that the “emergency” had nothing to do with health, safety, and welfare and everything to do with an approaching court date for the litigation between the City of Tustin and the Tustin Unified School District. The council meeting was yet another unfortunate display of complete disregard for the public process replete with violations of the Brown Act and a lack of decorum by the Mayor.

It is also apparent to me, that the City of Tustin has wasted taxpayer money on a case that should have been settled long ago. The City’s jurisdiction is subordinate to the State and it has no jurisdiction over a public school district. A far more prudent response from the City would have been to place a simple phone call, as I did, to the enforcement arm of the State Water Quality Control Board. I was able to learn from an enforcement officer that any potential fines would have been far less than the $300,000 that has been spent on attorney fees to date.

This case seems to have taken on the tone of a personal vendetta as noted in a revealing quote reported in the Orange County Register from a deposition of Lisa Woolery, the city’s public information officer:

Attorney: "Would you say Jerry Amante is a vindictive person?" Woolery: "Well, he readily says that he's Sicilian and I think that he can be vindictive from time to time when certain issues – when he feels that he's been offended. Certain times I've seen him act in vindictive ways."

I would love to read more of the depositions in this case but the City Manager insists that I would have to sit and read them in the attorney’s office. How quickly information has dried up since the Mayor fired our former competent and short- tenured City Manager, David Biggs.

On April 29th at 5:00 pm I was informed that the lawsuit with TUSD was continued for six months. I was told that the judge looked at both parties and scolded them for acting like children. I hope he also scolded the lawyers who seem much more interested in increasing their billable hours than in dispensing lawyerly advice.

I continue to be deeply concerned with the control that the Mayor exerts on the city council, city staff, and our contract attorneys. It is my opinion that his overbearing appetite for control is contributing to a work environment that is oppressing the very freedoms that the Mayor purports to embrace. I have experienced a great deal of the kind of haranguing that I believe others have experienced. On March 15th, in closed session, the Mayor attempted to “cross examine” me because I had disclosed a Brown Act violation of an earlier closed session meeting. He further threatened me by suggesting that I should hire an attorney.

As an attorney himself, the Mayor should know that he has a special duty to abide by his profession’s code of conduct including not threatening litigation for personal advantage. The bar’s rules are intended to promote respect and confidence in the legal profession. It would be most welcome if the Mayor would recognize that the rule of law is grounded in respect for the dignity of the individual, including any and all residents who attend council meetings.

Going forward, I would like to see the council establish a process for the hiring of a new City Manager. Our previous recruiting process cost $27,000 and came with a two-year guarantee. Why are we not taking advantage of this guarantee? Could it be that the Mayor, with his craving for control, has unilaterally selected a replacement? Only time will tell, and until that time comes, Tustin will continue on its uncharted course.

Around town:
Rotary Club meeting of Tustin/Santa Ana, Tustin High School Open House, Relay for Life, Luncheon with Rotary, Lions and Kiwanis Clubs, met with Police Officers Association.

 

If I can help in any way, please call me at 714-478-8351 or email me at deborah@deborahfortustin.com.

Deborah