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RESOLUTION NO. XXXX - 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA EXPRESSING A VOTE OF NO CONFIDENCE IN THE
MAYOR
WHEREAS, the City of Barstow (the “City”) hired an independent third-party investigator to investigate allegations of misconduct against Mayor Paul Antony Courtney; and
WHEREAS, the City Council received a report from the third-party investigator during a closed session meeting of the City Council on November 7, 2022; and WHEREAS, the City released a public summary of the information it received from the third-party investigator at its November 7, 2022 closed session meeting, which included the following findings:
1. Mayor Courtney engaged in inappropriate behavior regarding the hiring of ha City employee and provided false information to the former interim City Manager about the matter.
2. Mayor Courtney also engaged in intimidating behavior, threatening to terminate the employment of several City employees who he did not favor or who were connected to his political rivals and/or opponents. Of the several City employees who alleged having their jobs threatened by the Mayor, the Investigator found that only one of the employees did not have their job threatened by the Mayor.
3. Mayor Courtney engaged in inappropriate operational activities and direction on matters that are reserved for the City Manager.
4. Mayor Courtney attempted to elicit the City of Barstow Chief of Police to arrest and/or issue citations to Mayor Courtney's political rivals and to arrest those who spoke out against Mayor Courtney at City Council meetings.
5. Mayor Courtney revealed confidential and sensitive City Council Closed Session Meeting information to others who had no need or right to know the information.
6. Mayor Courtney made inappropriate comments concerning City employees.
7. Mayor Courtney used various manipulation tactics on employees to pit one employee against another to engender loyalty to himself.
8. Mayor Courtney employed heavy-handed communication techniques with various employees leaving the employees feeling that their jobs were in danger. 296531.v1
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WHEREAS, in response to these findings, the City Council took the following steps:
1. Directed the Mayor to refrain from communicating with any City employees, except for the City Manager, the 911 system, or as allowed by the First Amendment or other applicable law;
2. Directed that the Mayor be barred from City Hall except as his physical presence is legally required by applicable law, such as for Council Meetings;
3. Directed the Mayor to not provide any direction to any City employees other than the City Manager, and then, only as part of a City Council majority vote in a lawful meeting;
4. Directed the Mayor to not retaliate against any individual who he knows or who he may reasonably anticipate made a complaint, was a witness or otherwise participated in this investigation, nor to attempt to influence any individual who he knows or who he may reasonably anticipate made a complaint, was a witness or other person who otherwise participated in this investigation; and
5. Referred the matter to the San Bernardino County District Attorney’s Office.
WHEREAS, on December 19, 2022 the City Council conducted a duly noticed and advertised public meeting on this resolution and received testimony from the public; and
WHEREAS, the City Council now desires to express no confidence in the Mayor due to the findings that were delivered to the City Council by the third-party investigator and for the reasons stated at the December 19, 2022 hearing on this resolution by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part of this resolution.
SECTION 2. The City Council affirms a vote of No Confidence in Mayor Paul Anthony Courtney, finding a lack of confidence in his ability to continue to serve as Barstow’s Mayor, for the reasons stated above and in the attached request for a Resolution for a Vote of No Confidence.
SECTION 3. The City Clerk shall certify to the adoption of this resolution. 296531.v1
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PASSED, APPROVED AND ADOPTED this 19th day of December, 2022, by the following vote:
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James M. Noble, Mayor Pro Tem
ATTEST:
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Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, do hereby certify that the foregoing Resolution No. XXXX-2022 is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 19th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Andrea Flores, City Clerk