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Add'l Info Plus 2016 Garcia Letter Re Dines & His 2016 Response


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(June 4, 2018, 8:45 a.m.) -- LBREPORT.com has further on the Feb. 3, 2016 letter from Mayor Robert Garcia reciting a number of alleged actions, referencing a city attorney investigation and imposing required actions on then-Harbor Commissioner Rich Dines. The Garcia letter didn't leak during 2016 and half of 2017 while Dines was a Harbor Commissioner but was, in effect,weaponized against Dines in 2018 after he'd exited the Harbor Commission and entered the race to replace Mayor-favored 5th dist. Council incumbent Stacy Mungo.

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  • On January 5, 2016, the City Council held a closed session that included the following agendized item: "Pursuant to paragraph (b)(1) of California Government Code Section 54957, "PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE." [all caps in original]. The cited Government Code section permits closed sessions "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session." It continues: "As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void."

    It's not absolutely certain that the closed session proceeding pertained to Dines, but it is a matter of record from Council minutes that the closed session (which included two other items) delayed the start of the 5:00 p.m. Council meeting until 5:44 p.m. There was never an open session on the Dines matter. And less than 30 days after the closed session, Mayor Garcia sent his Feb. 3, 2016 letter to Dines.

  • LBREPORT.com webposts both the Garcia 2016 letter to Dines (Feb. 3, 2016) (two pages, here and here) and Mr. Dines' response (Feb. 9, 2016) here. The documents speak for themselves.

  • LBREPORT.com also webposts the July 24, 2017 Certificate of Recognition presented to exiting Harbor Commissioner Dines by Councilwoman Mungo (document here.)
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