Should Councilmembers Recuse Themselves if City Receives Money from Applicants?

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“Hilltop Park Above All”

Since: Oct 08

Montebello, CA

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#1
Sep 8, 2013
 
At one of the recent city council meetings, a resident made the statement that he wanted councilmembers to recuse themselves from votes on agenda items where the applicants have made financial contributions to groups or the city to avoid the appearance of influence from these 'donations.'
I will give his examples later if no one else raises them His comments are currently running on Charter Channel 3 at random times.
Pay for play, pay for votes, pay for altruism, or some other reason?
The important thing is, what do YOU think?
Ethics

Westminster, CA

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#2
Sep 8, 2013
 
Nevada Commission on Ethics v. Carrigan, No. 10-568 (2011), was a Supreme Court of the United States decision in which the Court held that the Nevada Ethics in Government Law,
which required government officials recuse in cases involving a conflict of interest,
is not unconstitutionally overbroad.

Specifically, the law requires government officials to recuse themselves from advocating for and voting on the passage of legislation if private commitments to the interests of others materially affect the official's judgment.

Under the terms of this law, the Nevada Commission on Ethics censured city councilman Michael Carrigan for voting on a land project for which his campaign manager was a paid consultant.

So Christina should recuse from any issue that She, Her Husband, or CAMPAIGN MANAGERS Chris Robles or Billie Martinez have an interest or consulting contract.

Kathy Salazar had numerous conflicts but Glasman never nailed her for ethics violations.

What are the other councilpersons conflicts?
Ethics

Westminster, CA

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#3
Sep 8, 2013
 
Not only must Council and commissioners and Staff disclose conflicts of interest those interacting with them must also

Lobbyists Disclosure Statements

Transparency is equally important as it relates to those individuals seeking to influence public decision-making.
The registration, disclosures and donations of lobbyists to provide citizens with a tool to keep them informed about the various individuals communicating with our public officials
LEAD BY EXAMPLE

Alhambra, CA

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#4
Sep 8, 2013
 
Ethics wrote:
Not only must Council and commissioners and Staff disclose conflicts of interest those interacting with them must also
Lobbyists Disclosure Statements
Transparency is equally important as it relates to those individuals seeking to influence public decision-making.
The registration, disclosures and donations of lobbyists to provide citizens with a tool to keep them informed about the various individuals communicating with our public officials
This is where the city attorney and perhaps even city administrator should be applying the "conflict of interest" rule across the board. Right?
Ethics-common law

Westminster, CA

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#5
Sep 8, 2013
 
I see no exemption for City attn., Admin or economic development.


Justice Scalia wrote, "a universal and long-established traditional of prohibiting certain conduct creates a strong presumption that the prohibition is constitutional"[12]
(citing Republican Party of Minnesota v. White) and that "the Nevada Supreme Court and Carrigan have not cited a single decision invalidating a generally applicable conflict-of-interest recusal rule--
and such rules and have been commonplace for over 200 years".
City employee

Montebello, CA

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#6
Sep 8, 2013
 
City administrator defaults to Glassman too much unless it has to do with her personal business then she goes with her private attorney as in the case of the harassment charge against Cortez. These council members won't recuse themselves as their campaign donations will come via third parties not requiring them to do so. Very simple.
LEAD BY EXAMPLE

Alhambra, CA

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#7
Sep 8, 2013
 
City employee wrote:
City administrator defaults to Glassman too much unless it has to do with her personal business then she goes with her private attorney as in the case of the harassment charge against Cortez. These council members won't recuse themselves as their campaign donations will come via third parties not requiring them to do so. Very simple.
Interesting!! How much does one truly know about this city administrator? Harassment charge?
Skeptical

Alhambra, CA

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#8
Sep 8, 2013
 
Has an official complaint been filed regarding the harassment allegations?

Gossip is mildly "interesting" but I prefer something "juicier" such as actual documentation.
Ethics-common law

Westminster, CA

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#9
Sep 8, 2013
 
A Council vote is not personal but on behalf of the people.

Further, the Court found that a legislator's vote is representative of the legislator's power,
but rather belongs to the legislator's constituents.[17]
Therefore, restrictions on legislators' voting cannot infringe on the legislator's individual right to speech.
The Court held that even if a vote could express personal views, the ethics law would still not be a violation of Carrigan's First Amendment rights because:
"this Court has rejected the notion that the First Amendment confers a right to use governmental mechanics to convey a message
whats going on

Los Angeles, CA

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#10
Sep 8, 2013
 
LEAD BY EXAMPLE wrote:
<quoted text>
This is where the city attorney and perhaps even city administrator should be applying the "conflict of interest" rule across the board. Right?
Well, cowardly commie, what in the hell are you talking about??? Conflict of interest is NOT a rule, but a LAW!!! It is not applied by city attorneys or city adminstrators, but by LAW ENFORCEMENT AND THE COURTS!!!

BTW When are you going back to your thread you started and then abandoned when the heat got too hot for you???? Are you some kind of litttle girl to run away as soon as someone calls you out on your dimwitted ideas????? No backbone to defend , or even explain your poorly tyhought out pronouncements???

Your friends here have lots of gossip but not much meat on the bone. Where are the supposdely complaining employees???? Theres hardely anyone left in city hall, so they shouldnt be too hard to find!!

Of course they should rexcuse themselves from voting on things that people have contributed on!!! Of course they wont because then the donors wouldnt give them any money in the first place!! Businesses like the liquer store that lobbied the city to be able to sell bums the big beer cans reportedly cant get a liquer licence because they are too shady for the state, but three councillors like them just fine. How many beers did they get???
Not a Law

Westminster, CA

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#11
Sep 8, 2013
 
Not in Montebello
No Ethics Code
Another Frank motion that got no traction from 1,2,3,4
So no law enforcement, but there could be action by the City if Glasman and the Council had the guts. Would take a majority of the council not involved in the wrongdoing however.
ETHICS correctly posted that Ethics are common law.
So unethical votes, actions, influence and conflicts of interest could be challenged by the people.
And in the case of the Hills, would be.
Note that Citizens groups have been active in the Courts vs Montebello and acts of the gang of three.
Reasonably successfully.
The DA could also act, even without a code.
FBI, IRS.
Make all council tax returns available.
Wonder why

Los Angeles, CA

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#12
Sep 8, 2013
 
A city attorney, or contract attorney on a particular matter for the city, could evaluate a conflict of interest matter if brought to their attention. The attorney could advise their client (city council or individual council member) that a council member was conflicted on a particular matter & couldn't vote on it. If the council member insisted upon voting the attorney could then ask the entire council to take action. If all that failed, a conscientious attorney would then resign. Others might take the position, hey, not my fault, I told them. It's on them if they get into trouble.

“Hilltop Park Above All”

Since: Sep 08

Montebello, CA

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#13
Sep 8, 2013
 
whats going on wrote:
<quoted text>Well, cowardly commie, what in the hell are you talking about??? Conflict of interest is NOT a rule, but a LAW!!! It is not applied by city attorneys or city adminstrators, but by LAW ENFORCEMENT AND THE COURTS!!!
BTW When are you going back to your thread you started and then abandoned when the heat got too hot for you???? Are you some kind of litttle girl to run away as soon as someone calls you out on your dimwitted ideas????? No backbone to defend , or even explain your poorly tyhought out pronouncements???
Your friends here have lots of gossip but not much meat on the bone. Where are the supposdely complaining employees???? Theres hardely anyone left in city hall, so they shouldnt be too hard to find!!
Of course they should rexcuse themselves from voting on things that people have contributed on!!! Of course they wont because then the donors wouldnt give them any money in the first place!! Businesses like the liquer store that lobbied the city to be able to sell bums the big beer cans reportedly cant get a liquer licence because they are too shady for the state, but three councillors like them just fine. How many beers did they get???
Please do not use personal invective against posters or pick on them. As I stated earlier, everyone has the right to say what they want to, regardless of their political or personal leanings. Also, the sex or personality of posters is not really germane to discussing issues.

Ideas are what I would like to discuss, trying to keep the conversation on a higher plane. There are enough threads that spend too much time in the muck.

I appreciate all the informative discussions here on the topics of conflict of interest and recusal.

“Hilltop Park Above All”

Since: Sep 08

Montebello, CA

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#14
Sep 8, 2013
 
Not a Law wrote:
Not in Montebello
No Ethics Code
Another Frank motion that got no traction from 1,2,3,4
So no law enforcement, but there could be action by the City if Glasman and the Council had the guts. Would take a majority of the council not involved in the wrongdoing however.
ETHICS correctly posted that Ethics are common law.
So unethical votes, actions, influence and conflicts of interest could be challenged by the people.
And in the case of the Hills, would be.
Note that Citizens groups have been active in the Courts vs Montebello and acts of the gang of three.
Reasonably successfully.
The DA could also act, even without a code.
FBI, IRS.
Make all council tax returns available.
There may not be a Montebello ethics code, but aren't there ethics training sessions for all councilmembers now?

On the lighter side, couldn't ETHICS have found cases to cite in states besides Nevada? The idea of a Nevada Ethics Board seems to me to be a little tenuous.
Trash Talk

Westminster, CA

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#15
Sep 9, 2013
 
Interesting thread
I did a search on Ethics here on topix and did not come up with much eventhough the top has been discussed in this forum before... several times. Search evidently does not go back far enough.

Montebello does have ethics and Brown act training but recently?

Glasman needs to be informed of the RECENT, STRONG Nevada US Supreme court decision or he would limit to the councilman's personal ethics instead of including spouses, business associates, FRIENDS, and Campaign managers.
Interesting that Christina has "guilt by association" with the numerous "consulting contracts" of Chris Robles not to mention Billie Martinez connections, Ku, and her husband.
Kathy Salazar promoted and then voted on the Pacheco contracts eventhough Pacheco was her personal Attorney.
Glasman may have objected but it took Rosie's defeat and a new council majority to rescind the contract but Pacheco sued the City anyway. He lost and owes thousands in attorney fees- has he paid yet?
Who are the other Council's and CANDIDATES campaign managers and what are their conflicts?
City employee

Montebello, CA

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#16
Sep 9, 2013
 
Don't worry about Pacheco. That's old news. Concern yourself with Cortez and her backers, Robles, Hadjinians connections, Molinari's backers, and Glassman. Follow the money.
Trash Talk

Westminster, CA

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#17
Sep 9, 2013
 
City employee
It's not Pacheco it's the process which has not changed just the players as you have mentioned.
Pacheco is just a recent example of a conflict of interest getting voted on.
Robles may be 2010 news also, what is his current connection. Last election he hid behind Billie Martinez who was listed as Christina's official campaign manager.
What are the connections this time?
Chris had connections with Police and Fire among others. Who are Police and Fire supporting this time? With Robles or without him. Did Christina throw one of them under the bus and not have their support last election.
Police and Fire are me me me and will wipe out any department which is not assertive. They had the gang of three bought and paid for. This council not exactly. They and you should really worry about your promised pensions, outrageous or not.
The City does NOT have the funds to pay them and a lot of public safety guys are near retirement.
I am more concerned about Jack than Christina.
I think most of Christina's grandstanding was to divert attention away from Ku.
hilda

Anonymous Proxy

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#18
Sep 9, 2013
 
42 Yr Mtb Resident wrote:
At one of the recent city council meetings, a resident made the statement that he wanted councilmembers to recuse themselves from votes on agenda items where the applicants have made financial contributions to groups or the city to avoid the appearance of influence from these 'donations.'
I will give his examples later if no one else raises them His comments are currently running on Charter Channel 3 at random times.
Pay for play, pay for votes, pay for altruism, or some other reason?
The important thing is, what do YOU think?
the problem with Montebello council is that all 5 of them are voting based on who is paying them. apparently, it does not even have to be a large sum. this is why our city is in the bad shape it's in. it's no longer about taking care of the city but rather can they stay in power for their own ego. they need the money to run their campaigns. lets recall them
What r u saying

Alhambra, CA

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#19
Sep 9, 2013
 
hilda wrote:
<quoted text>
the problem with Montebello council is that all 5 of them are voting based on who is paying them. apparently, it does not even have to be a large sum. this is why our city is in the bad shape it's in. it's no longer about taking care of the city but rather can they stay in power for their own ego. they need the money to run their campaigns. lets recall them
Okay "hilda" (from Kiev, Ukraine!:P)
The recall nonsense has already been discussed here:
Montebello councilmembers each have their own agenda!
http://www.topix.com/forum/city/montebello-ca...
This just keeps getting weirder and weirder!
World Traveller

Los Angeles, CA

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#20
Sep 9, 2013
 
hilda wrote:
<quoted text>
the problem with Montebello council is that all 5 of them are voting based on who is paying them. apparently, it does not even have to be a large sum. this is why our city is in the bad shape it's in. it's no longer about taking care of the city but rather can they stay in power for their own ego. they need the money to run their campaigns. lets recall them
Hilda from Kiev, Ukraine, do people of the areas of the former Soviet Union have a particular interest in Montebello? BTW, is Hilda a Ukranian name? Doesn't sound like it.

So you say you want all 5 Montebello city councilmembers recalled. Didn't 'Lead by Example' say pretty much the same thing? What gives, nostalgia for the old Soviet system of 'all or nothing'? That worked out real good, didn't it?

BTW, your post would fit the thread 'Montebello Councilmembers each have their own agenda!'. THIS thread is about when councilmembers should recuse themselves.

How's the weather in Kiev? That info is available on weather apps.

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