City Attorney Let Mayor Garcia, Councilman Austin Flout City Municipal Code, Vanish On Vote, LBREPORT.com Alleges In Objections Submitted To City Attorney's Office
|Publisher's preface: LBREPORT.com sent objections below regarding actions at the June 1 City Council meeting to City Attorney Charles Parkin's office in the 10 a.m. hour June 3. As of the end of the June 3 business day, we received no response. LBREPORT.com publishes our objections below allowing readers to evaluate our position on the matters. We plan to update this report with the response, if any, by City Attorney Parkin to the objections.
(June 3, 2021, 5:50 p.m.) -- City Attorney Charles Parkin or his office representatives allowed Mayor Robert Garcia to let Councilman Al Austin vanish on a recent Council vote in what LBREPORT.com and its publisher allege were violation of two provisions of the City's Municipal Code, one by Councilman Austin and the other by Mayor Robert Garcia.
In the public interest, LBREPORT.com, LLC and its publisher William Pearl lodged objections to the actions earlier today (June 3) with City Attorney Parkin's office over what occurred and the City Attorney's actions, or more precisely inactions, in the matter.
At the June 1, 2021 Council meeting, CD 8 Councilman Al Austin was present before and after a Council agenda item on naming the South St/Jaymills green space to honor veteran NLB community advocate Dan Pressburg. The Council vote (taken by roll call during digitally remote proceedings was 8-0 with Austin not voting.
Austin had previously used procedural means in prior Council and Council-committee meetings that delayed the Pressburg naming (initially proposed in December 2020 by Vice Mayor/CD 9 Councilman Rex Richardson. The June 1 agenda item was agendized by Richardson, joined by Councilman Roberto Uranga.
Councilman Austin was present and voted on June 1, 2021 agenda items before and after the Pressburg naming item. There was no audible response from him when the City Clerk called the roll on the Pressburg naming item.
[Scroll down for further.]
Section 2.03.100(B) of Long Beach's Municipal Code provides: "Except when a conflict of interest exists and abstention is required by State law, every member of the Council who is present when a roll is called shall vote for or against the question, unless excused by a majority of the members present, prior to the calling of the roll on such question." There is no publicly available evidence that Councilman Austin was excused from this requirement.
Section 2.03.100(B) further provides that "No member of the Council shall leave the Council chamber without permission from the Mayor." The meeting was conducted by digital means leaving unclear exactly where Austin was during the vote on the agenda item, but there is no publicly available evidence that Austin sought or received permission from the Mayor to exit the ongoing Council proceedings.
No Councilmember(s) called a point of order on Austin's failure to vote (which any Councilmember could have done and forced a public ruling by presiding officer Garcia.)
City Attorney Parkin, who routinely attends Council meetings, didn't raise the issue of compliance with either of the Municipal Code provisions cited in our objections (below.) Due to the digital remote nature of the Council proceedings, it's unclear if Mr. Parkin was present personally or had a representative from his office handle matters during the Pressburg agenda item.
Section 603 of the LB City Charter names the City Attorney as "the sole and exclusive legal advisor of the City, the City Council and all City commissions, committees, officers and employees with reference to all of their functions, powers and duties under this Charter, State and Federal law."
LBREPORT.com invites a response for the record to the actions and objections above from City Attorney Parkin. The City Attorney is elected citywide. The next election for City Attorney is in 2022.
Mr. Parkin next faces re-election in 2022 if he chooses to run.
blog comments powered by Disqus
Recommend LBREPORT.com to your Facebook friends:
Follow LBReport.com with:
Contact us: mail@LBReport.com