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HomeMy WebLinkAbout08-21-20 Board Minutes 1 MINUTES OF THE SPECIAL BOARD MEETING OF THE BOARD OF DIRECTORS OTAY WATER DISTRICT August 21, 2020 1. General Manager Martinez called the meeting to order at 2:03 p.m. 2. ROLL CALL Directors Present: Croucher, Gastelum, Robak and Thompson Directors Absent: Smith (out-of-town on prescheduled vacation) Staff Present: General Manager Jose Martinez, General Counsel Dan Shinoff, General Counsel Jeanne Blumenfeld, Chief Financial Officer Joe Beachem, Chief of Operations Pedro Porras, Chief of Engineering Rod Posada, Chief of Administration and Information Technology Adolfo Segura, District Secretary Susan Cruz and others per attached list. 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF AGENDA A motion was made by President Croucher, seconded by Director Thompson and carried with the following vote: Ayes: Directors Croucher, Robak and Thompson Noes: None Abstain: Director Gastelum Absent: Director Smith to approve the agenda. 5. DIRECTORS COMMENTS President Croucher shared that he had prepared a statement. However, because he was not feeling well, he requested that his statement be read into the record. General Counsel Dan Shinoff read his statement which follows: “We first addressed the issue before us this afternoon in March 2017. At that time, the Board found the comments of Director Gastelum on social media to be derogatory, offensive and adverse to the values and mission of the District. The Board took action to censure Director Gastelum with a commitment to monitor any future activity in light of his incendiary comments. 2 Most recently, in June and July of this year, Director Gastelum again posted comments on social media which were derogatory and offensive. On July 9, 2020, the Board took action to censure him for his shameful comments. At that meeting, Director Gastelum apologized for the tone, frustration, and aggression of his comments and added that for the rest of his life he will atone for the postings; I actually believed him. The rhetorical question I have today for Director Gastelum whether he was mortified by his comments or mortified that he was caught by the community so close to the election. People do make bad decisions, the real issue is whether they actually learn from them. The best evidence and measurement of truly being contrite is your future actions. I am saddened to say barely a month later we find ourselves in the same place. On August 11, 2020, Director Gastelum posted comments on social media which are inappropriate by any standard of decency and civility. The specific comments posted by Director Gastelum were directed at the Democratic Party’s Vice-Presidential nominee who is a woman. They are disparaging and unacceptable. This continued pattern of behavior is a serious and ugly stain on the good name of the District and the men and women who work hard to meet the daily water needs of this community and it is absolutely unacceptable. Reducing a woman to her sexuality is about as low as anyone can stoop. Defining any woman by whom they have had sex with or the amount of sex they have had is a terrible attack on their gender. I believe that these comments say more about the person making them than about their female targets. As elected officials we are supposed to be role models. We must reinforce the District’s commitment to mutual respect and inclusivity of all the constituents of its diverse community. Comments by an elected official that degrade women, people of color, or immigrants send the opposite message to the community. Although I am disgusted by Director Gastelum’s conduct, he is an elected official, and as I explained when we last censured him, because he is an elected official and not an employee of the District, we can only issue a public censure and limit his committee assignments in response to his misconduct. I fully endorse Resolution No. 4386 to censure Director Gastelum for his reprehensible and intolerable comments on social media. Resolution No. 4386 documents that Director Gastelum’s efforts to disparage immigrants, people of color, and women are unprofessional, disrespectful, and they violate the District’s ethical values of mutual respect and inclusion. The resolution also states that Director Gastelum’s behavior violates Board of Directors Policy No. 40, Ethics, and it is official misconduct. Director Gastelum’s misconduct has had additional adverse affects for the District. It is time consuming and expensive to address his behavior at a special board meeting and it shifts the focus away from attending to the District’s business and current regional water issues. Because Director 3 Gastelum’s seat is up for reelection in November, we anticipate that his shameful and inexcusable conduct will continue until the elections take place and perhaps beyond. So this censure will apply not only to Director Gastelum’s recent misconduct, but also to his anticipated future misconduct. Any of the other Directors are welcome comment. Director Gastelum will also have an opportunity to respond.” 6. PUBLIC PARTICIPATION – OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO SPEAK TO THE BOARD ON ANY SUBJECT MATTER WITHIN THE BOARD'S JURISDICTION BUT NOT AN ITEM ON TODAY'S AGENDA General Counsel Shinoff also read into the record some of the comments received from the public via email. He stated, in addition to the comments that he will read into the record, there were an additional seven (7) emails received from the public. Those comments will be attached to the minutes of this meeting as part of the record. He stated they express similar sentiment and requests that the board adopt Resolution No. 4386 to censure Director Gastelum. Emails from the public: Liza Tuscano: My name is Liza Tuscano and I live in Chula Vista. I have had the displeasure of interacting with your Board Member Hector Gastelum in a Facebook group for parents and educators and observing his distasteful words in other Facebook groups. I know for a fact that many will speak about his conduct in other community groups, so I will speak specifically to the interaction I had with him in the Chula Vista and Sweetwater Parents and Teachers for Quality Education group. In this group, he described public schools as a “cancer,” called teachers corrupt and accused educators of teaching kids hate – all while he posts bigotry and hatred and misogyny wherever he goes. Most notably on his wall, as can be seen from screenshots shared by other disgusted and outraged community members. I know this isn’t the first time he has been censured and I know that he considers it inconsequential because he still has a voice through his vote as he stated recently in an interview with the Union Tribune. I challenge the Otay Water District to find a legal way to censure not just him, but also his vote on issues. If not now, then for the future. In the meantime, I also challenge you to make a very public and clear disclaimer disavowing Hector Gastelum on all your social media, print materials, and any other communications to the public – continuously now and continuously at election time. Nan Sterman: I am shocked and horrified by Director Gastelum’s Tweets about vice presidential nominee Kamala Harris. Gastelum’s comments are sexist and misogynistic and absolutely inappropriate regardless of the woman they are aimed at. He should be censored and removed from his position. There is 4 no place in elected life for a person with his attitude and bad judgement. I certainly do not feel comfortable having him in a position where he is making decisions that affects my well-being, my family’s well-being, my neighbors’ and my community’s well-being. What other bad decisions is he making? We don’t need bad apples like him on the board. Liz Vinas: I am a California native and voter. It is despicable that an adult occupying a position to lead others in a government agency like the Otay Water District like Director Gastelum posts pictures of women alluding to sexual acts to demean her. It is beyond common decency and speaks to his character. Please take action. Director Gastelum represents you, because you either accept this, or don’t. Anne Adelson-Rodriguez: I will make this short because I just learned that I could give my input publicly and only have a few minutes to do so. I was extremely disturbed to see Hector Gastelum’s social media post. I would have been disturbed at such a post if it was done by anyone, that it was done by an elected official is truly appalling. This person needs to be kicked off the board. He has no business representing us anywhere in America and especially right here. He needs to publicly apologize. He needs to be kicked off the water board and I want to know if there is a way to legally discipline him. Can he be fined or is there a way to make him pay through doing some sort of public service. This guy does not need to be allowed to represent anyone, especially any of us in the United States of America. Margaret Baker: On behalf of South Bay People Power, we strongly urge the Board to adopt Resolution 4386 to censure Director Hector Gastelum. Racism and misogyny have no place in our government. He continues to disgrace and defame our public spaces and we demand accountability. Comments received at the board meeting from Public Participants: Mr. Robert Derringer of Chula Vista indicated that in life we all have the misfortune of encountering people who are so insecure and lacking in empathy that they mock, insult and bully people. Particularly people of different ethnicities, religions, of the opposite sex, or who are simply perceived as different. He stated that he feels that silence in this situation is complicity. Mr. Derringer indicated that he is speaking today to address the actions of Director Gastelum who consistently behaves like the individuals he described. He recalled him from Facebook interaction during the last city of Chula Vista mayoral elections where he espoused Islamic phobic views and used belligerent language to all who called him out for his abhorrent behavior. He stated that he felt Director Gastelum is leaving a stain on our community, on this board, and on the human race in general. He has been censured before and 5 seems to thrive on the negative attention. Director Gastelum has publicly stated that he is happy to not be appointed to any committees, which clearly demonstrates that he is not on the board to set policy or to engage in meaningful work on behalf of his constituents. He asked the board to do more than censure Director Gastelum as he has shown neither the interest nor the capability to behave like a decent adult human being. He stated that Director Gastelum should be removed from the board for ethical violations or be forced to sacrifice his pay as a board member. He indicated that he supported Resolution No. 4386. Mr. Jose Lopez, former board member and resident of Bonita, indicated that he represented Division 4, which is the same seat that Director Gastelum now represents. He indicated that in the 16 years that he served on the board, they had many controversies and challenges that preceded him and his fellow board members. They managed to address some of those issues and did not always agree amongst themselves, but still addressed the issues in a professional manner. He stated they conducted themselves in a manner that demonstrated respect between members of the board and the constituents they represented. The community that all board members represent includes South Bay, Chula Vista, Jamul, Spring Valley, etc., are amongst the most diversified in the County of San Diego. He indicated having an elected board member that uses his freedom of speech to denounce or degrade members of that community on the basis of gender, race, or religion should not be tolerated. He stated Director Gastelum knows this very well as he was censored in April 2017 for comments he posted on social media. This past June and July of 2020, however, indicates that he really did not learn a lesson or had taken the censorship seriously. His remarks on women are appalling. He stated that he supports the censorship and that it is warranted. He said he felt that Director Gastelum should resign from the board out of respect for those he represents. 7. ADOPT RESOLUTION NO. 4386 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OTAY WATER DISTRICT TO CENSURE DIRECTOR HECTOR GASTELUM FOR OFFICIAL MISCONDUCT A motion was made by Director Thompson , seconded by Director Robak to adopt Resolution No. 4386. Director Gastelum indicated that he was disappointed that there was more outrage with his comments concerning Senator Kamala Harris’ record of dating a married man for career advancement than of Senator Harris and former San Francisco Mayor Willie Brown committing adultery. He stated that he stands one hundred percent behind his criticism of Senator Harris for her reprehensible home wrecking actions. He stated that his criticism of Senator Harris is one hundred percent related to her lack of moral character as a person who is willing to destroy a family in order to achieve career advancement and had nothing to do with her ethnicity, color of her skin, gender, sexual orientation, religion or lack thereof, or any other protected class. He stated that women should be treated with dignity, respect, and professionalism and he stands behind this. He stated if we have someone who is trying to become Vice President and she slept around and dated married men to achieve the position she is in, it is horrible. Not just for women who are trying to 6 achieve career advancement, but for the example it sets. He indicated for the community to be more outraged by his describing what actually happened, than what did happen, was a head shaker for him. Director Thompson stated that he felt like he was in Bill Murray’s Groundhog Day movie, where he relives the same day every day. He said he feels that as long as Director Gastelum is on the board, they will continue to experience “groundhog day”. He indicated that he wished to read some of the things Director Gastelum has posted as he wished them to be placed on the record. In Feb 2017 he posted: “Let’s pressure our legislators to increase list of so called Muslim ban to prevent subhuman scum from US to MAGA.” “I am denouncing and classifying Muslims who rape, gang rape, stone women to death, throw homosexuals from the roof and who are pedophiles as subhuman.” These comments encouraged about 100 people to attend the District’s March 2017 board meeting to address Director Gastelum’s comments. He stated that he and Director Smith proposed a censure at that time and Director Gastelum was removed from his committee appointments. That action deterred Director Gastelum’s behavior for a time, but then he posted the following in June/July 2020: “Thank God America was founded by white Christian men. By contrast look at how things turned out in Africa. How many of you want to relocate? So shut the fxxx-up and get a job. Because we need all Americans to make America great!” He stated that Director Gastelum took responsibility after he posted this comment to social media and said that he would make it his life’s mission to be judged by his actions as opposed to a post that he was embarrassed by and took down 45 minutes later. Director Thompson noted that Director Gastelum then posted the following in August 2020: “Nothing is more damaging to the equality for women movement than a whxxx like Kamala Harris who fxxxs the boss for career advancement, and Kamala, what do you attribute your success to?” He indicated that Senator Harris is the Vice-Presidential candidate for one of the major U.S. political parties and when he shared Director Gastelum’s comments with his family, they were outraged at his assault on women and all women of color. He shared that when he started working for the County of San Diego and was first involved in public issues, there was not a single Latino on any public agency board, nor were there persons of color working for the County. He stated the reason we have a diverse community and population of elected officials is because of the work of the Latino civil rights movement. They are all proud of the diversity we see 7 everywhere in the community and in the staff of the Otay WD. He stated that Director Gastelum is tarnishing the image of the District and he asked him to cease and desist posting comments and that he should learn how to conduct himself in a distinguished and reasonable manner whether or not he stays on the District’s board. President Croucher indicated that he is aware that this issue has impacted the District’s employees and he wished to assure those employees who commented on this issue that this action being taken today represents the District’s policies discussed at today’s meeting. He stated that Director Gastelum’s comments are not reflective of the District and the Board and he apologized to the employees and customers. He ensured them that they would do better. The motion by Director Thompson and seconded by Director Robak was carried with the following vote: Ayes: Directors Croucher, Robak and Thompson Noes: Director Gastelum Abstain: None Absent: Director Smith to adopt Resolution No. 4386 to censure Director Gastelum for official misconduct. 8. ADJOURNMENT With no further business to come before the board, President Croucher adjourned the meeting at 2:38 p.m. ___________________________________ President ATTEST: District Secretary 8 Comments Received by Email from the Public on August 21, 2020 1) Dear Board, Please adopt Resolution 4386 to censure Director Gastelum. Hate, misogyny, and racism have no place in our government. Thank you, Emily Green 2) Please adopt resolution 4386 to censure director Gastelum. Racism and misogyny have no place in our government. He has made it abundantly clear that he cannot lead fairly and with no bias. His misogyny, racism, sexism and xenophobia is not patriotic. It is the very antithesis of what this country stands for. He is not Patriotic, he is simply a bully. Censure him and then to the voters of this county-- you deserve better. Vote him out! Melissa Fernandes 3) Please adopt resolution 4386 to censure director Gastelum. Racism and misogyny have no place in our government. Sincerely, Judy McLean 4) “Please adopt resolution 4386 to censure director Gastelum. Racism and misogyny have no place in our government.” His comments as a public servant are simply outrageous and have no place in civilized society. Glee Hotchkin 5) To whom it may concern, As a member of this community, I am appalled by the way Mr. Gastélum chooses to behave on his social media. Even if he does claim his actions have nothing to do with his position in the district. This is not the first time we have read Mr. Gastélum’s offensive and disrespectful posts on social media. His behaviors are beyond professional and a person with his stature should act accordingly. His post and tweets and derogatory remarks are demeaning and offensive to many. Please adopt resolution 4386 to censure director Gastelum. Racism and misogyny have no place in our government. Thank you Cynthia Torres 9 6) Please adopt resolution 4386 to censure director Gastelum. Racism and misogyny have no place in our government. Free speech cannot be punished criminally but it can have consequences. Leona Pfeifer 7) Racism and misogyny have no place in our community and especially in local government positions. Director Gastelum’s public comments calling Senator Harris a whore are disgusting, vile and shows what a true pig he is. Not only should he be censured, he should be removed from office and permanently barred. Doing anything less is shameful. Christine Edwards 8) Hello, I would like to make the following statement during today’s board meeting: Elected leaders and public servants are expected to abide by universal values including integrity, respect and self-control. I find it upsetting and unacceptable that one of our Board Members has not lived up to his civil responsibilities time and time again, even after being warned and censured. Hector Gastélum’s repeated racist, sexist and misogynistic comments on social media prove he is irresponsible and unfit to continue serving this Board. His hateful and divisive rhetoric poses a risk to our community and will not be tolerated by constituents of the Otay Water District. Thank You, Liz Murphy Chula Vista