CV COUNCIL VOTE MISTAKENLY APPOINTS COMMISSION MEMBER

Nominee critical of council action correcting mistake

After mistakenly appointing a resident to the Measure A Citizens’ Oversight Committee, Chula Vista maintains it appropriately corrected the issue. But the resident and several members of the community feel otherwise.

The City Council on May 16 voted 2-2-1 to appoint Jesse Navarro to the board. Mayor John Mccann and Councilmember Alonso Gonzalez were in support; Vice Mayor Jose Preciado and Councilmember Andrea Cardenas were in opposition. Without providing a reason, Councilmember Carolina Chavez voted to abstain.

Mccann said the motion had failed for lack of a majority. So, council members moved on to the next item on their agenda.

A week later, acting City Attorney Jill Maland said the council had, in fact, appointed Navarro because the city’s municipal code says that if a member abstains without audibly saying why, the “silence shall be recorded as an affirmative vote.”

Preciado, who had initially declined to say from the dais why he did not support Navarro, said that because of the confusion, the City Council should revote. They did so two weeks later on June 6.

A motion to rescind their initial vote passed 4-1. Mccann cast the vote in opposition, meaning he supported Navarro to remain appointed.

The 11-member oversight committee reviews and reports audits and financial reports of Measure A, a halfcent sales tax voters passed in 2018 to hire more police officers and firefighters. Members are nominated by several groups, including the Chula Vista Chamber of Commerce. Navarro is a former San Diego police officer.

The city should have done two things differently on the votes based on provisions in its municipal code, according to a good-government group.

For one, Maland should have clarified on May 16 that Chavez’s vote was designated a “yes” vote, ultimately appointing Navarro.

“Clarifying this point of law would have allowed the council to revisit their vote, perhaps with a new motion, and vote on the matter again at the same meeting,” said Sean Mcmorris of California Common Cause, a nonprofit group that promotes government transparency.

Chula Vista’s code says that officials can reconsider a vote, but it must be done at the same meeting the vote was taken.

Another part of the code says the council can rescind a prior motion at any meeting, which they did, but the new outcome must act prospectively, not retroactively. Procedurally, that means the city should have voted to remove Navarro by stating the cause for doing so for the record, rather than repealing their May 16 vote, said Mcmorris.

Still, the outcome is the same: removing Navarro.

“Councilmembers are stewards of public trust,” Mcmorris said. “It’s important that councilmembers understand the meaning of their votes, or abstentions in this case.”

In a statement Wednesday, the city said the City Council’s votes “were in compliance with the City’s Municipal Code” and because the vote to appoint Navarro was rescinded, he never became a member of the commission.

Preciado and Cardenas said on June 6 they opposed Navarro’s appointment because the committee had sufficient law enforcement representation and that they would prefer someone with a strong business background.

Mccann chose Navarro for his background in law enforcement and in business.

Navarro and several residents called the city’s handling of the votes unfair and irresponsible.

“I felt that I was penalized for my law enforcement background and that they were possibly not abiding by the city’s own rules (for reconsideration of prior actions),” Navarro said.

In addition to being a retired San Diego police officer, he is a former aide to district attorneys Bonnie Dumanis

and Summer Stephan. Navarro also owned a restaurant with his wife and has served on multiple boards and commissions. He currently serves as a Chula Vista Chamber of Commerce board director.

Several residents questioned the council’s do-over vote.

“This idea of doing over votes that you’re not happy with again seems more like a playground mentality instead of a democratic process,” resident Mary Davis said. “This should be a troubling issue of concern for all people that pay any type of this taxpayer fund.”

Chavez did not respond to a request to comment about her votes on May 16 and June 6.

The committee seat remains vacant. It is unclear when officials will revisit the appointment process.