Lemoore Council prepared to censure Holly Blair. Long list of complaints

It was at the August 7 regular council meeting that four of the five members decided to begin the censure process. They were asked to submit to the city attorney a list of grievances backing up their claim for censure. The menu is extensive, ranging from conduct unbecoming a council member to the use of profanity aimed at a council member. Charges also include engaging in discourteous and unprofessional behavior directed at members of the public, staff and fellow members.

The extensive list of complaints was sent to the city’s attorney Jenell Van Bindsbergen, who in turn used them as a foundation for a censure resolution. Blair must be given the opportunity to defend herself against the censure effort.

According to a council memo, censure is an inherent power of a legislative body to express its opinion on the conduct of one of its members. It allows council members to chastise a fellow member publicly. If the City Council believes a member has acted outside of the scope of his or her authority, or otherwise engaged in inappropriate or unlawful conduct, a censure expresses the council’s public disapproval of the behavior.

It’s important to note that a censure process must take place in open session. All discussions and the adoption of a censure resolution or other formal action requiring a vote must occur in a public meeting with the vote of each member recorded.

Currently, Blair is also the subject of a recall effort. Several council members also asked Blair to resign, which she refused to do. It was at the council’s July 17 meeting that Blair accused Lemoore Chief of Police Darrell Smith and Lemoore City Manager Nathan Olson of lying to her and demanded an independent investigation.

It was at that point that council members decided to begin the censure process, the first time a Lemoore council member has faced censure.

The Lemoore City Council has determined that Councilmember Holly Andradè Blair has, for the reasons delineated below:

 1) Engaged in conduct unbecoming a City Council Member; and 109 109 RESOLUTION 2018-42 2

2) Engaged in conduct which has brought embarrassment and discredit to the City Council; and

 3) Improperly publicly disclosed confidential information, in violation of a council member’s duty of confidentiality; and

4) Breached the trust and confidence of the other city council members through public disclosures of confidential and privileged personnel matters; and

5) Engaged in conduct which is disrespectful, discourteous and inappropriate toward, staff, the public and other council members; and

6) Breached the trust and confidence of the other city council members by making unsupported accusations of wrongdoing, rather than engaging in good faith debate and disagreement; and

 7) Improperly exceeded the scope of her authority and duties as a council member by interfering with city staff and management in personnel and operations matters; and

 8) Engaged in conduct that is unprofessional, inappropriate and which is not in accordance with the ethical, Brown Act and other laws of the state for which she has received prior training; and

9) Failed to differentiate or explicitly state that statements made, opinions given, or positions taken are made by her as an individual and are not the opinions of the City Council; and

10) Failed to recognize her duties as a Council Member to the public; and

11) Failed to give fair and equal treatment to all persons; and

12) Failed to maintain the confidentiality of confidential, privileged and appropriate closed session discussions; and

13) Improperly engaging in communication which potentially discloses or prejudices the City in matters of liability without having the advance knowledge or consent of the City;

14) As a result, the above conduct has caused other council members to lose confidence in their ability to speak candidly with Councilmember Blair in both open and closed session, thus impairing the council from engaging in candid discussion and debate on pending matters; and

 15) The council wishes it known that this public censure does not arise out of any good faith disagreement by or with Councilmember Blair on any matter, as good faith disagreement and debate are expected, encouraged and welcome; and 110 110 RESOLUTION 2018-42 3

16) Specific instances of Councilmember Blair’s misconduct leading to this public censure has included, and is not limited to:

a. Speaking publicly regarding discussions held in closed session and commenting publicly in a manner that’s judgmental to the City’s position in potential litigation.

b. Continually asserting unsupported allegations which could create liability for the City and failing to provide specific factual evidence as requested to support such allegations.

c. Discussing personnel matters in public.

d. Failing to take complaints related to staff to the city manager.

e. Engaging in discourteous and unprofessional conduct at public meeting toward the public, staff and fellow council members, including but not limited to rolling her eyes, raising her middle finger as a response to public comment or other council member conduct, eating and looking around in a demeaning manner while members of the public address Council,

 f. Engaging in arguments with members of the public or council when an individual voices opinions contrary to her own in a manner that is disruptive of the meeting;

g. Interrupting and disrespecting a Council Member speaking on a topic which you did not agree, by looking directly at him and in a low tone stating, “fuck you”.

h. Using unprofessional, inflammatory, belittling and discourteous language in communications with city employees, residents, and council members including calling individuals “good old boys”, “fuck off”, “fuck you”, “asshole”, “racist”, and “misogynist”, among other instances, leading to complaints and create distractions and interruptions at meeting ostensibly preventing the meeting from continuing in an orderly fashion.

i. Expressing views and statements as if they were opinions of council, including but not limited to making unsupported allegations of dishonesty about city employees, commenting about members of the public’s age and inability to participate because of such age, using your title as city council member to send an email related to your position as chair of the Kings County Democratic Party, and commenting on city matters, without making it clear the statements were your individual thoughts and opinions and not those of the city council.

 j. Engaging in public personal vendettas against the mayor, the city manager and the police chief by attempting to defame the individuals with unsupported allegations or falsehoods. 111 111 RESOLUTION 2018-42 4

k. Misusing her position and exceeding her authority by circumventing instructions of the city manager that inquiries to or about department heads be coordinated through the city manager’s office.