LongBeachReport.com | LBReport.com | Video Shows Councilman Garcia Typing, Texting, Seemingly Not Focused On Testimony During Residents' Quasi-Judicial Appeal of City's Planned Handling Of Toxic Contaminated Colorado Lagoon Soil

(Nov. 22, 2010) -- Video taken by LBReport.com from a reverse angle (not shown on City Council telecasts) during a Nov. 16 formal quasi-judicial hearing shows Councilman Robert Garcia typing, texting, focused on a computer screen and seemingly attending to other matters for at least three minutes (which may extend longer, see below) and are in addition to Councilman Garcia visibly exiting the Council Chamber entirely for roughly four and a half minutes.

The Garcia video clips are presented here for the first time in extended form; excerpts were included in the first segment of LBReport.com multi-part series on Council conduct during the residents' appeal which raised issues related to toxic contaminated soil that the city planned to unearth and transport from city owned Colorado Lagoon.

Other video, seen for the first time here, shows Councilman Dee Andrews (after a roughly 38 minute absence) having a discussion behind the Council rail with Councilman Gary DeLong during the hearing.

The video also shows Vice Mayor Lowenthal conversing with Councilman DeLong on her return from a roughly 37 minute absence for what her Chief of Staff told us was a splitting migraine headache ("but [she] heard every word of testimony while resting in the council lounge.")

To view LBReport.com reverse angle video, click here.

As LBReport.com first reported exclusively on November 19, four Long Beach Councilmembers left the City Council Chamber (two for extended periods) during appellants' sworn testimony in the quasi-judicial hearing where which the Council is required to act in a fashion similar to a court hearing. Although quasi-judicial appeals don't follow strict courtroom rules of evidence, the basic principle of a neutral factfinder receiving evidence under oath applies and requires due process fairness, including decisionmakers deciding the matter based on evidence presented.

In late 2004, a CA Appeals Court overturned an action by the Los Angeles City Council in which reverse angle video (taken by the appellant) showed multiple L.A. Councilmembers variously inattentive to the appellants' testimony.

In the Nov. 16 LB Council hearing on the residents' appeal under the CA Environmental Quality Act (CEQA), half of the Councilmembers who voted to deny the appeal were absent or seemingly inattentive during portions of the presentation of evidence.

In addition to Councilman Garcia's actions, Vice Mayor Suja Lowenthal was absent for roughly 37 minutes, Councilman Dee Andrews was absent for 38 minutes and Councilman James Johnson was absent for a little over six minutes.

Eight of LB's nine Councilmembers ultimately voted on the item. (Councilwoman Rae Gabelich was absent for the entire item as required by state law since she has a property interest in the affected area).

In response to an inquiry by us, Broc Coward, Chief of Staff to Vice Mayor Suja Lowenthal emailed that she left the room with a splitting migraine that the lights make worse, but heard every word of testimony while resting in the council lounge.

Councilman Robert Garcia emailed that "I may have sent a couple texts for probably no longer than 1 or two minutes total. It is common for me to send messages to my staff, or respond to them during a council meeting. They provide us with information and vice versa." (His email added that he'd left the Council Chamber to use the restroom; we didn't ask him about that because we presumed it was for that purpose).

We didn't query Councilman Johnson about his roughly six minute absence; we didn't see him texting or typing while he was in the Council Chamber.

Our times for Andrews' and Johnsons' absences are approximate; we missed their exact exit times while recording Councilman Garcia who was texting or typing at the opening of the appellants' presentation of testimony. We didn't capture video of the entire hearing; we limited ourselves (this time) to the more visible Councilmembers' actions.

LBReport.com will be providing on-demand audio of Ms. Aley's full testimony, city management's response, and Ms. Aley's rebuttal shortly.

The Council ultimately voted 8-0 (Gabelich absent/legally required recusal) to deny the appellants' appeal and sustain city management's planned action (approving an addendum to a previously certified EIR).

What Some Councilmembers Did While Taxpayers Testified On Toxics

Video Shows Councilman Garcia Typing, Texting, Seemingly Not Focused On Testimony During Residents' Quasi-Judicial Appeal of City's Planned Handling Of Toxic Contaminated Colorado Lagoon Soil

Hear Appellant Kerie Aley's Testimony re City's Planned Handling Of Toxic Contaminated Colorado Lagoon Soil...And City Mgm't Response & Her Rebuttal