M EMQRAN DLJ M City of Poway
DATE: February 4, 2025
TO: Members of the City Council
FROM:
SUBJECT:
Peter De Hoff, Councilmember
Censure of Council member Tony Blain
Summary:
At the City Council's January 21, 2025 City Council meeting, I made a motion to bring a resolution of censure of Councilmember Tony Blain at a future City Council meeting, which received majority concurrence as required per the Poway Municipal Code for Council initiated items. The basis of the proposed censure is (1) Councilmember Blain's vote trading and bribery attempts made to both me and at least one prospective Councilmember applicant, which appear to be felonies, (2) threats of adverse action such as recall, (3) misuse of law enforcement resources to retaliate against dissenting members of the public.
While all emails are not attached, and some cannot be due to attorney-client privilege, a representative sample of Council member Blain's emails evidencing this conduct, as well as complaints from the public, are attached hereto, and cited throughout the discussion below.
Discussion:
Section 2.04.1 00(D) of the PMC states that "[t]he City Council shall have the power to adopt a resolution of censure with respect to any member of the Council who violates this section 2.04.[100] or any other Section of the Poway Municipal Code." The remainder of Section 2.04.100 reads in full:
1 of 24
A. The professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety.
Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public.
B. All members of the City Council shall perform their duties in accordance with the processes and rules of order established by the City Council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.
C. All members of the City Council shall respect and adhere to the Council-Manager structure of Poway city government. In this structure, the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions, boards, and committees, and City staff . Individual members of the City Council therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Individual members shall February 4, 2025, Item #9
not make requests of City staff, or provide any City staff members with direction, orders or instructions. Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.
Following is a broad outline of Councilmember Blain's behaviors and actions which justify censure.
Impropriety and Illegal Conduct
1. Vote Trading
First, Councilmember Blain attempted to engage in illegal vote trading, offering to vote for my appointment as Deputy Mayor in exchange for me voting to support a special election rather than an appointment, a felony pursuant to Penal Code section 86 (Attachment A). There have been articles on this subject from three news outlets (Axios, the Union Tribune and Fox5 San Diego) all of which sought the input of different independent legal experts, all of whom opinioned this conduct is criminal.
2. Threats of Recall/Adverse Action Against me and Prospective Council Applicants for Not Voting as Councilmember Blain Desired
Councilmember Blain threatened adverse action against myself and now Councilmember Pikus unless I voted as he desired (Attachment A). When I did not vote as he desired, he publicly stated he would follow through with those threats in a local news interview. This also appears illegal under Penal Code section 165 and others (https://www .axios.com/ local/san-diego/2025/0 1 /18/poway -council-vacancy special-election-blain -vause-dehoff-state -law).
3. Attempting to Use Law Enforcement to Silence Critics/Members of the Public On two occasions, Councilmember Blain directed the City Manager to file reports with the Sheriffs Department when individuals sent emails critical of his behavior to his city account. Councilmember Blain asked the City Manager to send law enforcement to these individuals' homes (Attachment B).
Resident names have been redacted from the attached emails referenced in this section.
Councilmember Blain also directly told these individuals to stop contacting him or he would call the Sheriff (Attachment B). Both of these individuals contacted the City extremely worried about adverse law enforcement action (Attachment B).
When one of these individuals demanded Councilmember Blain's resignation via email after his attempted vote trading came to light, Councilmember Blain filed a report with the Sheriffs Department (Attachment B). The Sheriffs Department concluded no crime occurred. It appears clear that this individual was simply voicing his dissent to Council member Blain's actions in his position as an elected official, which is something any member of the community is entitled to do.
Recommended Action:
There is ample evidence to support censure based on Councilmember Blain's numerous violations of Section 2.04.1 00(D), the City of Poway Code of Ethics (Attachment C) and apparent violations of State law. I ask for Council members' concurrence to adopt the attached resolution of censure (Attachment D).
2 of 24 February 4, 2025, Item #9
Attachments:
A Emails from Council member Blain to Council member De Hoff and City Council Applicant Pikus RE City Council Vacancy and Deputy Mayor
B. Emails from Councilmember Blain to City Manager Hazeltine Requesting Law Enforcement Assistance and Emails from Residents
C. City of Poway Code of Ethics
D. Resolution
Reviewed/Approved By
J
Wen:is~
Assistant City Manager
3 of24
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
February 4, 2025, Item #9
From:
To:
Subject:
Date:
Peter,
Tony Blain
Peter De Hoff
Recall
Sunday, December 22, 2024 3:32:20 AM
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.
I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.
Tony Blain
Councilmember
City of Poway
858-248-1509
4of24 ATTACHMENT A February 4, 2025, Item #9
From:
To:
Subject:
Date:
Tony Blain
Peter De Hoff
Re: Recall
Sunday, December 22, 2024 3:58:44 AM
I might be persuaded to vote Yes on you for Deputy Mayor also if you vote Yes on Special Election, since that would show you are willing to work with new Councilmembers.
Tony Blain
Council member
City of Poway
858-248-1509
From: Tony Blain
Sent: Sunday, December 22, 2024 3:32 AM
To: Peter De Hoff <[email protected]>
Subject: Recall
Peter,
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.
I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.
Tony Blain
Council member
City of Poway
858-248-1509
5 of24 February 4, 2025, Item #9
6 of 24
A TonY. Blain
W To: Chris Pikus >
D1 Appointment
Yesterday
You will only receive one question from me
Jan. 21: "Will you support immediate vote
for D1 Special Election if you are
appointed?"
If you answer "No," we will immediately
RECALL you and for a D1 Special Election
ballot initiative for NOV 2025.
Tony Blain
Councilmember
City of Poway
858-248-1509
February 4, 2025, Item #9
From:
Sent:
To:
CC:
Subject:
Tony Blain
Councilmember
City of Poway
858-248-1509
Tony Blain
Sunday, December 29, 2024 1:56 PM PST
Chris Hazeltine
Jenny Maeda; Fenstermacher, Alan
Re: Nextdoor
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:54:51 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Fw: Nextdoor
Chris,
Please file police report on - . I feel threatened and harassed. He has done this entire 2 years I have been running for office. I would like police officer to go to his house and speak to him if you feel it is appropriate.
Tony Blain
Councilmember
City of Poway
858-248-1509
From:
Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
EXTERNAL EMAIL
Blain
Before i forget this is a city website paid for by the taxpayers. I am a taxpayer. This will be my only form of correspondence as it's linked to the city. So I guess if you want to file the police report go ahead I'm not sure for what. I've done nothing wrong. I am just asking that you stop your awful behavior as a City representative on Nextdoor. This is a pretty simple request from a taxpayer.
On Dec 29, 2024, at 13:14, > wrote:
You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
7 of 24 ATTACHMENT B February 4, 2025, Item #9
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.
Tony Blain
Councilmember
City of Poway
858-248-1509
From:
Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You don't often get email from . Learn why this is important EXTER1 AL EMA IL
Blain
You're a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !
8 of 24
On Dec 29, 2024, at 12:49, Tony Blain <[email protected]> wrote:
Not bullying - factual
Tony Blain
Councilmember
City of Poway
858-248-1509
From:
Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https://aka.ms/LearnAboutSenderldentification ]
EXTERNAL EMAIL
Blain
. Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I February 4, 2025, Item #9
9 of24
saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city !
Worry about your district and the promises you made to them. -
February 4, 2025, Item #9
From:
Sent:
To:
CC:
Subject:
Stop now.
Tony Blain
Sunday, December 29, 2024 1:57 PM PST
Chris Hazeltine
Re: Nextdoor
I just filed police report.
Tony Blain
Councilmember
City of Poway
858-248-1509
From:
Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https :/ /aka. ms/LearnA boutSend
EXTERNAL EMAIL
Blain
Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city!
Worry about your district and the promises you made to them. 10 of 24 February 4, 2025, Item #9
From:
Sent:
To:
Subject:
Sunday, December 29, 2024 1:51 PM PST
Chris Hazeltine
Fwd: Nextdoor / Tony Blain
I You don't often get email from Learn why this is important
EXTERNAL EMA IL
Good morni~n,
My name is- and have been a resident of Poway for over 30 years. Ive never had a problem with city government until now. This is in reference to Tony Blain and his constant bullying on next door. He is now a public servant and I have contacted him on the city email.
I've forwarded his response as to him filing a police report. I take this as a threat that if I contact a city representative this is what happens?? This is not right and extremely unprofessional. Do you see any harassment from my email ?
Begin forwarded message:
From:
Date: December 29, 2024 at 13:14:09 PST
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.
Tony Blain
Councilmember
City of Poway
858-248-1509
From:
Sent: Sunday, December 29, 2024 1:00:31 PM
11 of 24 February 4, 2025, Item #9
From:
Sent:
To:
CC:
Subject:
Tony Blain
Monday, January 6, 2025 6:50 PM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
OMG- has abused me verbally and social media for many years.
Very simple solution ... tell him to leave me alone and I will do the same.
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running fo~ I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the iliiie alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po ice to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.
I am providing this update because I think it's pertinent information for you.
Thanks
-Chris
From: Tony Blain <TBlain@poway .org>
Sent: Sunday, December 29, 2024 1:58 PM
To:
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.
I just filed police report.
12 of 24 February 4, 2025, Item #9
From:
Sent:
To:
Subject:
Tony Blain
Friday, January 3, 2025 4:56 PM PST
Fenstermacher, Alan; Chris Hazeltine
Re: Unable to Access Your Mayoral Campaign Social Media • I am formally asking you to stop harassing me via electronic communications per Penal Code 653m. If you communicate with me in any way again, I will file a police report.
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <AFenstermacher@rutan .com>; Chris Hazeltine <CHazeltine@poway .org> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media Please assist me filing restraining order against this person. I feel unsafe .
Please also assist me filing a police report as I have asked this person to stop harassing me via electronic communications per Penal Code 653m.
Tony Blain
Council member
City of Poway
858-248-1509
From:
Sent: Friday, January 3, 2025 4:49 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Unable to Access Your Mayoral Campaign Social Media Some people who received this message don 't often get email from E.\ .. "TERl ALE , L-VL
Councihnernber Blain
. Learn why this is important
I have been unable to access your Facebook page Tony Blain Poway Mayor 2026 and there is indication that I arn being blocked . You apparentl y have another related Facebook page which I'm also unable to access . As a District 2 resident , I would like your assurance that I arn not being blocked on a social media site where you are discussing your intentions concerning your ctment issues before the council and issues clue to come before the council in the near future.
I look forward to hearing from you soon.
- ~
13 of 24 February 4, 2025, Item #9
From:
To:
Subject:
Date:
From:
Alan Fenstermacher
Fenstermacher, Alan
FW: Demand for Your Resignation
Wednesday, January 15, 2025 6:45:19 PM
Sent: nes ay, anuary , :46 PM (UTC-08:00) Pacific Time (US & Canada) To: Tony Blain <[email protected]>
Cc: Steve Vaus <[email protected]>; Peter De Hoff <[email protected]>; Jenny Maeda <[email protected]>; Chris Hazeltine <[email protected]>; Alan Fenstermacher <[email protected]>
Subject: Demand for Your Resignation
Some peop le who received this message don't often get email from imoorta nt
EX.TIR.: AL Ei\ L.\IL
Councilmember Blain,
. Learn why this is
I have just finished reading item #4 on the agenda for next week's City Council Meeting. I am outraged at the private email conespondeuce ben:veen yourself and Councilmember DeHoff and one of the applicants for appointment to the DI vacancy . Your offer to squash a recall effort against Councilmember DeHoff , your threat to file a recall petition against this applicant , as well as your offer to support Cmmcilmember DeHoffs nomination for Deputy Mayor in exchange for their vote to support a special election is nothing short of a bribe and attempt to coerce and the ve1y definition of com1ption.
You have spent the better part of the last t\;vo years accusing the Mayor , fonner and cunent members of the City Co1mcil of com1ption and backroom dealings. You have never provided a shred of evidence to support these allegations . Now , in your first opportunity to make a meaningful contribution to the governance of our city, you have attempted to influence the vote of a sitting council member and the fuh1re vote of a potential appointee through an open threat of retribution should they not comply with your wishes .
Such behavior is unacceptable and intolerable on the pa1t of an elected official. It is likely criminal in nature. As such, I am demanding you recuse yourself from voting on item #4 at the 21 Janumy City Council meeting and immediately resign from the Poway City Council. You are tmfit and undeserving to represent the people in District 2 and should you foolishly decide to continue your effort to become Mayor I will make it my goal to ensure eve1y voter in our City is aware that you have attempted to influence those that represent their interests through threats and coercion.
In closing I have not forgotten that you continue to block me on social media where you continue discuss city business. That is, according to recent court decisions , a violation of my First Amenchnent rights. I would like to remind you that just a few weeks ago, you raised your right hand and took an oath of office. That oath began with the words "I swear or affom that I will support and defend the Constih1tion of the United States." You and I have both taken that oath a number of times in our lives. It meant something to me. Based on your recent actions, I 14 of24 February 4, 2025, Item #9
have to question what it now means to you.
I look forward to a response
-For Mr. Hazeltine , I request this email be made part of the public record and be placed in the final agenda package as pmt of the public response to item #4 . 15 of24 February 4, 2025, Item #9
From:
To:
Cc:
Subject:
Date:
Tony Blain
Chris Hazeltine
Fenstermacher, Alan: Jenny Maeda
Deputy Marler (Incident# E9710666, phone 858-513-2800)
Friday, January 17, 2025 2:42:07 PM
Poway City Manager and City Attorney,
I just called Poway Sheriff and Deputy Marler (Incident# E9710666, phone 858-513- 2800) visited my house . I showed him threatening e-mails and social media posts from - over the last 2 years, told him about someone placing dead rats on residents' lawns who placed my campaign signs out front during the election, and told him about unknown person committing felony by placing anonymous letters in all mailboxes of residents' who placed my campaign signs out front of their house during campaign. I also told him about- having angry temper tantrum and cussing me out when I unknowingly knocked on his door during campaign (I had never met ■ - before that).
Sheriff Incident number is E9710666.
I will be discussing possible restraining order against -with San Diego District Attorney next week .
Please note that our email communications are subject to public disclosure.
Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.
General Service Request
llt tps ://pow ay.org/270/Serv i ce-Req uest
16 of 24 February 4, 2025, Item #9
Water
https ://poway .org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately . All e-mails can be found on Poway City Council web site below.
https :/ /poway .org
Please e-mail us all in 2 weeks for response if we do not respond sooner .
PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https :/ /poway . o rg/fo rmce nter / c ity-c le rk-33/pu bli c-records -req uest-fo rm-7 4 17 of 24 February 4, 2025, Item #9
From:
Sent:
To:
CC:
Subject:
Tony Blain
Monday, January 6, 2025 11:18 AM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
will be 100% ignored by me next 10 years - they are mean spirited and have harassed me for many years and have no intention to have an actual constructive conversation to help Poway
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running for'o'ffice. I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the il-e alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po rce to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.
I am providing this update because I think it's pertinent information for you.
Thanks
-Chris
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:58 PM
To:
Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.
18 of 24 February 4, 2025, Item #9
site where you are discussing your intentions concerning your current issues before the council and issues due to come before the council in the near future.
I look forward to hearing from you soon.
-
19 of 24 February 4, 2025, Item #9
Preamble
Resolution No. 056
The citizens and businesses of Poway are entitled to responsible, fair and honest local government which has earned the public's full confidence for integrity. The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to those they serve.
Accordingly, the Poway City Council has adopted this Code of Ethics to:
1. Describe the standards of behavior to which its leaders aspire;
2. Provide an ongoing source of guidance to City officials in their day-to-day service to the City; and
3. Promote and maintain a culture of ethics.
This Code of Ethics builds upon the City of Poway's Ideals, which include:
• Open and Honest Communication at All Times;
• Mutual Respect; and
• Honor of the Public Trust as Stewards of the Community.
Elected officials, officers, employees, members of committees and commissions, and volunteers shall comply with the laws of the nation, the State of California and the City of Poway in the performance of their public duties. These laws include, but are not limited to:
the United States and California constitutions; the Poway Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
The purpose of this Code of Ethics is to set a standard of conduct for all elected officials, officers, employees, members of committees and commissions, and volunteers for the City of Poway. The Code will be reviewed and evaluated periodically. 20 of 24 ATTACHMENT C February 4, 2025, Item #9
Resolution No. 056
We maintain Open and Honest Communication at All Times
• I am honest and forthright with my fellow officials, the public and others, even when it is uncomfortable to do so.
• I encourage diverse public engagement in our decision-making processes and support the public's right to know.
We maintain Mutual Respect
• I treat my fellow City officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community . • I promote consistency, equity and non-discrimination in public agency decision-making.
We Honor the Public Trust as Stewards of the Community
• I am a steward of the public trust.
• I understand that the community expects me to serve with dignity and respect for my office, as well as to be an agent of the democratic process acting in the public interest. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the City for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents . • I understand that as an elected official, or as a representative appointed by the City Council, I cannot act on behalf of, or commit the City to any action or policy that has not been authorized by the City Council.
• I am prepared to make decisions in the public's best interest based on the merits and substance of the matter at hand, and to take responsibility for my actions, whether those decisions are popular or not.
We will hold ourselves as individuals and the City of Poway organization as a whole accountable for acting consistently with this Code of Ethics. 21 of 24
Adopted June 6, 2006
Amended October 16, 2012
February 4, 2025, Item #9
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, CENSURING COUNCILMEMBER
ARTHUR (TONY) BLAIN FOR VIOLATIONS OF COUNCIL
POLICIES, POWAY MUNICIPAL CODE, AND RELATED
MISCONDUCT
WHEREAS, the City of Poway is a municipal corporation and general law City in the state of California;
WHEREAS, the United States Supreme Court has long recognized the practice of censuring legislative body members, which has been more commonly observed at the state and local level, and as early as 1833 (Houston Community College System v. Wilson (2022) 595 U.S. 468,475);
WHEREAS, public officials have the authority to censure an individual member of a legislative body (Braun v. City of Taff (1984) 154 Cal.App.3d 332, 347-348); WHEREAS, in addition to this common law authority, section of 2.04.100(0) of the Poway Municipal Code ("PMC") also expressly authorizes the City Council to censure an individual member of the City Council, by majority vote, for any violations of the PMC, including but not limited to the other provisions of section 2.04.100;
WHEREAS, a censure is one approach of distancing the public agency from inappropriate and/or unlawful behaviors that interfere with the agency's ability to conduct the public's business and protect its employees and the public;
WHEREAS, PMC section 2.04.1 O0(A) states that "the professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public;" WHEREAS, Councilmember Blain's (1) attempts to engage in vote trading with Councilmember De Hoff, (2) threating to take adverse action, including initiating a recall, against Councilmember De Hoff if he did not vote as Councilmember Blain desired, (3) apparently following through on that threat, and (4) threatening an applicant for the open City Council seat with the same adverse action, is improper, abusive, unprofessional, unbecoming of a Councilmember, and likely felonies under the California Penal Code 86 (see, Attachment A to the February 4, 2025 agenda report);
WHEREAS, Councilmember Blain's attempts to use law enforcement against members of the public in response to their negative, but non-threatening, emails to his official City email account, and informing members of the public to never email his official City email account again or he will call law enforcement, is an abuse of City and County resources, improper, abusive, unprofessional, unbecoming of a Councilmember, and likely unlawful under the First Amendment and otherwise (see, Attachment B to the February 4, 2025 agenda report); WHEREAS, such abusive, unprofessional, threatening, reckless, potentially felonious and otherwise unlawful behavior not only poses legal risks to the City and Councilmember Blain 22 of 24 ATTACHMENT D February 4, 2025, Item #9
Resolution No. 25-
personally, but also has the potential to compromise the City's reputation, strategic objectives, relationships with staff, current and potential outside consultants and contractors, and erode the public's trust in its leadership;
WHEREAS, the conduct discussed above qualifies, at a minimum, as the appearance of impropriety, and likely actual impropriety (i.e., illegal conduct), in violation of PMC section
2.04.1 00(A);
WHEREAS, the conduct discussed above also qualifies as abusive conduct against Councilmember De Hoff, now Councilmember Pikus, and several members of the public, in violation of PMC section 2.04.100(A);
WHEREAS, the conduct discussed above and evidenced in Attachments A and B also violates the City's Code of Ethics, available on the City's website at https://poway.orgl4941Code of-Ethics, as Councilmember Blain's conduct failed to maintain open & honest communication, mutual respect, or honor the public trust; and
WHEREAS, the subject member, Councilmember Tony Blain, was given an opportunity to be heard prior to a vote on the censure, which the Council provided during the City Council's February 4, 2025, regular open session meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: That the above recitals are true and correct, and are incorporated herein by this reference, as if set forth fully herein;
SECTION 2: The City Council hereby finds that Councilmember Blain has violated PMC section 2.04.100 with the unlawful and abusive conduct described in the recitals above, the February 4, 2025 agenda report regarding the proposed censure, and Attachments A and B thereto.
SECTION 3: The City Council hereby finds that Councilmember Blain has violated the City's Code of Ethics with the unlawful and abusive conduct described in the recitals above, the February 4, 2025 agenda report regarding the proposed censure, and Attachments A and B thereto
SECTION 4. Councilmember Blain is hereby censured for these violations of PMC section
2.04.100 and the City's Code of Ethics.
SECTION 5. Councilmember Blain is directed to refrain from taking any adverse, punitive, or other retaliatory action against any person who participated or whom he perceives participated in this censure.
SECTION 6. This Resolution shall take effect immediately.
II
II
II
23 of24 February 4, 2025, Item #9
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on this 4th day of February, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, City Clerk
24 of 24 February 4, 2025, Item #9