Agenda, second session — Poway City Council, March 18, 2025

From: Tony Blain
Sent: Monday, March 10, 2025 5:41 PM PDT
To: Wendy Kaserman; Patterson, Alisha
Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0001
From: Patterson, Alisha
Sent: Monday, March 10, 2025 7:26 PM PDT
To: 'Tony Blain'; 'Wendy Kaserman'
Subject: RE: COL Blain Army orders
Attachments: Re Military First Responder City Ordinance.msg

Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Please also note that after Alan sent his December 11, 2024 email memo, there were additional refinements to the Brown Act that impact how many meetings you could attend remotely due to “just cause” or “emergency circumstances.” Deployment does not qualify as “just cause” or “emergency circumstances” under the Brown Act (which generally relate to contagious illnesses, disability, or City Council-related travel). The amendments that went into effect January 1, 2025 did not change the “traditional” process.

Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
_____________________________________________________
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This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

EMAIL0002
RUTAN
RUTAN & TUCKER , L.LP
I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0003
From: Fenstermacher, Alan
Sent: Friday, December 13, 2024 9:14 AM PST
To: Tony Blain
CC: Chris Hazeltine; Jenny Maeda
Subject: Re: Military / First Responder City Ordinance

Yes, if one of two the procedures outlined below is used. The first one is probably the easiest and makes the most sense for that situation
Alan Fenstermacher
949 500 8247
On Dec 12, 2024, at 5:47 PM, Tony Blain <[email protected]> wrote:

I will have military duty out of state only 1-2 Council meetings per year but I can easily attend Council meeting virtually during those times
Please confirm this is feasible and legal
Sent from Yahoo Mail for iPhone
On Thursday, December 12, 2024, 5:12 PM, Fenstermacher, Alan <[email protected]> wrote:

Got it. Short answer is charter versus general law city doesn’t matter for this issue - it’s governed by the Brown Act. The two options in my email yesterday are the options outlined in the Brown Act, nothing we can do to change that.

On Dec 12, 2024, at 5:10 PM, Tony Blain <[email protected]> wrote:

Ignore public inquiry
Let’s focus on remote Council member partition only
Sent from Yahoo Mail for iPhone
On Thursday, December 12, 2024, 4:56 PM, Fenstermacher, Alan <[email protected]> wrote:

EMAIL0004
I have been slammed today, but I will get to this by Monday – but a question for you. Are you talking about remote participation by Councilmembers? Based on your other email, I think you might be asking about the public as well? I understood your original question to be about Councilmembers (i.e., if you were deployed), and that is what my response pertains to.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
<image001.png>
_____________________________________________________
Privileged And Confidential Communication.

Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

From: Tony Blain <[email protected]>
Sent: Thursday, December 12, 2024 6:39 AM
To: Fenstermacher, Alan <[email protected]>
Cc: 'Chris Hazeltine' <[email protected]>; Jenny Maeda <[email protected]>
Subject: Re: Military / First Responder City Ordinance

Alan,

Can we allow virtual attendance at City Council meetings for military / first responder (with orders and/or supervisor documentation) IF we change Poway from General Law to Chart Law City?

Tony

On Wednesday, December 11, 2024 at 10:07:24 AM PST, Fenstermacher, Alan <[email protected]> wrote:

Good morning –

Chris forwarded the below to me, and as explained below, the ability to participate remotely in a City Council meeting already exists. Importantly – the rules governing participation in remote Council meetings come from state law – specifically, the EMAIL0005
Brown Act – and cannot be modified by local ordinance. (Gov. Code § 54953.) The previous temporary state law provisions allowing the remote format used during COVID-19 have expired, and were replaced by AB 2449, discussed below. Here are summary explanations of the two remote participation options:

First, the “traditional” option that has always existed allows a Councilmember to teleconference into a meeting from a remote location, provided the remote location is noticed on the meeting agenda, and that remote location is also held open to the public, and an agenda is posted in the remote location. For example, if the remote location was a hotel room a Councilmember was staying at, an agenda would need to be posted on the front door of the room, and the public must be allowed in, if they chose to show up at that location (which, of course, is rare). This process is described in detail in Government Code section 54953(a)-(b). There is no limit on the number of times this process may be used by any Councilmember, or by the Council generally. However, a quorum of the City Council is required to meet within the boundaries of the City. There is no need to state a reason to use this procedure, and its use cannot be denied by the Council or otherwise.

Second, a newer procedure, enacted by AB 2449 effective January 1, 2023 (and expiring January 1, 2026), allows remote participation in certain circumstances where the remote location does not need to be made open to the public. If this process is used, there should be an item on the City Council agenda after the call to order that says something to the effect of “REMOTE PARTICIPATION DUE TO “JUST CAUSE” OR “EMERGENCY CIRCUMSTANCES” (AB 2449). This process also requires the City and the remote Councilmember to both use zoom or another two way audio and visual system, and allow public comment via zoom, and notice the meeting as such. This process is detailed in Government Code section 54953(f), and summarized below:

1. In the very beginning of the meeting (after the call to order and before the roll call) the prospective remote participant must describe the reason in approximately 20 words or less why they are requesting to participate via Zoom.

Broadly speaking, there are 2 possibilities – either “just cause” or “emergency circumstances.” More specifically, the reason for remote participation must be one of the following:
a. “Just Cause”:
i. A childcare or caregiving need of a child,
parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely.
ii. A contagious illness that prevents them from
attending in person.

EMAIL0006
iii. A need related to a physical or mental
disability (as defined in Gov. Code Sections 12926 and 12926.1) not otherwise accommodated by an ADA accommodation.
iv. Travel while on official business of the City or another state or local agency.
b. “Emergency Circumstances”: a physical or family medical emergency that prevents them from attending in person. We cannot require them to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code).

2. Determine if the prospective remote participant can participate remotely. a. If the reason is just cause, then they can participate as long as it would not put them over the cap for AB 2449 remote participation (i.e., more than 2 meetings per calendar year; OR more than 20% of the Council’s regular meetings in a calendar year). The Council does not vote on whether to allow the proposed remote participant to participate remotely for just cause. b. If the reason is emergency circumstances, then the Council must vote to approve the request. The Council can deny the request for any reason (or no reason at all).
c. NOTE: The caps on remote participation due to either just cause or emergency circumstances (or a combination of both) are:
i. 3 consecutive meetings
ii. 20% of the Commission’s regular meetings within a calendar year; OR 2 meetings if the Commission meets fewer than 10 times per calendar year

3. If remote participation is allowed (for just cause) or approved (for emergency circumstances), the remote participant must publicly disclose whether any other individuals 18 years of age or older are present in the room at the remote location with her and the general nature of their relationship with the individual.

4. If there is a disruption with Zoom and it stops working, since a Council will be participating in accordance with AB2449, the meeting will be suspended until Zoom returns and if Zoom doesn’t return the meeting must end.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
EMAIL0007
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_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, December 9, 2024 3:09 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: Military / First Responder City Ordinance

EXTERNAL EMAIL
Chris,

I want to quickly see if we can get City Council to approve new City Ordinance / Municipal Code to allow anyone on Council, Committee, or any resident who is in the military or first responder to actively participate in any City Council meeting (including voting on Council matters if Councilmember, or giving 3 min Public Comment or Agenda speech) WITH proper submission of military orders or letter from their supervisor or HR department at least 72 hours in advance. Please tell me how we can do this.

It will work exactly how we conducted meeting during COVID.

Tony
<image001.png>
EMAIL0008
From: Tony Blain
Sent: Tuesday, March 11, 2025 4:16 AM PDT
To: Patterson, Alisha; Wendy Kaserman
Subject: Re: COL Blain Army orders

Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

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
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to EMAIL0009
coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0010
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain
Sent: Tuesday, March 11, 2025 4:18 AM PDT
To: Patterson, Alisha; Wendy Kaserman
Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
EMAIL0011
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
https://poway.org/270/Service-Request
Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
EMAIL0012
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0013
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain
Sent: Tuesday, March 11, 2025 6:14 AM PDT
To: Patterson, Alisha; Wendy Kaserman; Jenny Maeda
Subject: Re: COL Blain Army orders

Good morning,
I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
EMAIL0014
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

EMAIL0015

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0016
RUTAN
RUTAN & TUCKER , L.LP
From: Patterson, Alisha
Sent: Tuesday, March 11, 2025 7:47 AM PDT
To: 'Tony Blain'; 'Wendy Kaserman'; 'Jenny Maeda'
Subject: RE: COL Blain Army orders
Attachments: Re Military First Responder City Ordinance.msg

Good morning Councilmember Blain - I am acknowledging receipt of your three emails demanding I call you at 4:16am, 4:18am, and 6:15am. Due to my family and work obligations, I am not available for a call before 10am today. For ease of reference, I am re-attaching Alan’s email memo from December 11, 2024 that outlines the options for participating in City Council meetings remotely. The City of Poway did not create these requirements. They are in State law (the Brown Act).

No one is trying to kick you off the City Council, but if you are on the City Council, you must comply with the Brown Act, or you will expose the City to liability. As set forth in Alan’s email memo, the City does not have the ability to change State law (nor disregard its requirements). If you think it would be helpful, we would be happy to set up a call or meeting with JAG so we can discuss the Brown Act’s requirements and see if there is an option that will work for the Army.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 6:15 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher EMAIL0017
RUTAN
RUTAN & TUCKER , L.LP
and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

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

https://poway.org/270/Service-Request

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.

EMAIL0018

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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.

EMAIL0019

PUBLIC RECORDS REQUEST

You can obtain any document from City of Poway using the following link:

https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

EMAIL0020
RUTAN
RUTAN & TUCKER , L.LP

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0021
From: Fenstermacher, Alan
Sent: Friday, December 13, 2024 9:14 AM PST
To: Tony Blain
CC: Chris Hazeltine; Jenny Maeda
Subject: Re: Military / First Responder City Ordinance

On Dec 12, 2024, at 5:10 PM, Tony Blain <[email protected]> wrote:

Ignore public inquiry
Let’s focus on remote Council member partition only
Sent from Yahoo Mail for iPhone
On Thursday, December 12, 2024, 4:56 PM, Fenstermacher, Alan <[email protected]> wrote:

EMAIL0022
I have been slammed today, but I will get to this by Monday – but a question for you. Are you talking about remote participation by Councilmembers? Based on your other email, I think you might be asking about the public as well? I understood your original question to be about Councilmembers (i.e., if you were deployed), and that is what my response pertains to.

Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

Alan,

Can we allow virtual attendance at City Council meetings for military / first responder (with orders and/or supervisor documentation) IF we change Poway from General Law to Chart Law City?

Tony

On Wednesday, December 11, 2024 at 10:07:24 AM PST, Fenstermacher, Alan <[email protected]> wrote:

Good morning –

Chris forwarded the below to me, and as explained below, the ability to participate remotely in a City Council meeting already exists. Importantly – the rules governing participation in remote Council meetings come from state law – specifically, the EMAIL0023
Brown Act – and cannot be modified by local ordinance. (Gov. Code § 54953.) The previous temporary state law provisions allowing the remote format used during COVID-19 have expired, and were replaced by AB 2449, discussed below. Here are summary explanations of the two remote participation options:

EMAIL0024
iii. A need related to a physical or mental
disability (as defined in Gov. Code Sections 12926 and 12926.1) not otherwise accommodated by an ADA accommodation.
iv. Travel while on official business of the City or another state or local agency.
b. “Emergency Circumstances”: a physical or family medical emergency that prevents them from attending in person. We cannot require them to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code).

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
EMAIL0025
<image001.png>
_____________________________________________________
Privileged And Confidential Communication.

EXTERNAL EMAIL
Chris,

It will work exactly how we conducted meeting during COVID.

Tony
<image001.png>
EMAIL0026
From: Tony Blain
Sent: Tuesday, March 11, 2025 7:51 AM PDT
To: Patterson, Alisha; Wendy Kaserman; Jenny Maeda
Subject: Re: COL Blain Army orders

You are actively trying to kick me off Council for military deployment - Poway will become 1st City in entire nation to do so
I’m going to national Press at 10 AM
Get Outlook for iOS
From: Patterson, Alisha <[email protected]>
Sent: Tuesday, March 11, 2025 7:47:58 AM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good morning Councilmember Blain - I am acknowledging receipt of your three emails demanding I call you at 4:16am, 4:18am, and 6:15am. Due to my family and work obligations, I am not available for a call before 10am today. For ease of reference, I am re-attaching Alan’s email memo from December 11, 2024 that outlines the options for participating in City Council meetings remotely. The City of Poway did not create these requirements. They are in State law (the Brown Act).

EMAIL0027
RUTAN

RUTAN & TUCKER , LLP
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 6:15 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

EMAIL0028
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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water
EMAIL0029

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
EMAIL0030
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0031
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain
Sent: Tuesday, March 11, 2025 8:23 AM PDT
To: Patterson, Alisha; Wendy Kaserman; Jenny Maeda
Subject: Re: COL Blain Army orders

Please tell me if I can simply be absent "WITH PERMISSION" per CA Gov't Code Section 36513:
(a)
If a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (b)
Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city councilmember is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 7:51 AM
EMAIL0032
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 6:15 AM
EMAIL0033
RUTAN
RUTAN & TUCKER , L.LP
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]>; Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

EMAIL0034
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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water
EMAIL0035

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
EMAIL0036
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0037
RUTAN
RUTAN & TUCKER , L.LP
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM PDT
To: 'Tony Blain'
CC: 'Chris Hazeltine'; 'Wendy Kaserman'; Patterson, Alisha Subject: RE: COL Blain Army orders

Tony, and all Council (BCC)-

I have reviewed your four emails regarding remote participation in Council meetings from the middle of last night and this morning, and your threats directed at my colleague. I have had to step in here as multiple items require the entire City Council to be aware of.

Before getting into the substance of your outlandish statements, I must note it is extremely disappointing that after all that has happened – specifically the pending independent investigation for personnel complaints – you continue to engage in the exact same behavior that started all of this. Prior to the temporary change in direct contacts, as a result of the pending investigation, Chris and I worked for countless hours to provide you agnostic, objective information and advice you requested. I now see Alisha and Wendy spending countless hours in their attempt to be responsive to your numerous questions, while sacrificing time spent on other city business. In return for these efforts, they receive series of emails such as those below (as I did throughout December and January) – rudeness as best, harassment of two more staff members at worst. I find your demands to provide information by 10 am particularly ironic, given that you failed to attend yesterday’s weekly briefing with Alisha and Wendy, with no advance warning. As of this writing, you still have not even mentioned it or apologized. Wendy and Alisha took time to prepare for the briefing, including a pre-meeting with Wendy and Chris to ensure all members of the City Council are receiving the same information. All of that was ultimately wasted. This has to be the 5th or 6th meeting where you have done this (that I have heard of), including a meeting with me where I drove down to City Hall specifically to meet and brief with you. You blew me off without letting me know, despite being physically 10 feet from my office multiple times throughout the day.

Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with “kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These EMAIL0038
emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

I also welcome a call from JAG, perhaps they have other remote participation solutions or can explain details of your deployment. I always welcome input from professionals. Such information would be helpful since in your initial email to Wendy and Alisha you indicated you have an upcoming deployment (your online posts indicate the deployment is imminent) yet the City has not received copies of your deployment orders, which you said were forthcoming.

The paranoia I see below and in other emails you sent Alisha this morning is reminiscent of our very first interaction in the spring/summer of 2024, where you were convinced that I was trying to prevent you from filing your nomination papers to run for City Council when you were on deployment. As you may recall, despite being faced with very similar vitriol, the exact same threats, and no assistance from you, I did the opposite, and actually found the law allowing you to do so.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <
[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

Have a great day!
EMAIL0039
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74 EMAIL0040

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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:

EMAIL0041
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
EMAIL0042
RUTAN

RUTAN & TUCKER , LLP
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0043
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:31 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

I cannot participate remotely per the "Brown Act" laws which you posted since I am in a classified confidential location. Have you EVER seen any military member be able to tell you or anyone where he is located in the middle of an active war zone? I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

The only purpose of Rutan & Tucker, you, and A. Patterson at this point is to continue to embarrass, demean, and portray Councilmember Blain in as negative light as possible so that your boss (Mayor Vaus, who you personally donate thousands of dollars to his re-election campaigns in obvious violation of all legal ethical boundaries for a City Attorney) can get re- elected as Mayor, Supervisor, or whatever he wants to do.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
EMAIL0044
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Tony, and all Council (BCC)-
I have reviewed your four emails regarding remote participation in Council meetings from the middle of last night and this morning, and your threats directed at my colleague. I have had to step in here as multiple items require the entire City Council to be aware of.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this EMAIL0045
has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
EMAIL0046
RUTAN
RUTAN & TUCKER , L.LP
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

General Service Request
EMAIL0047
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

EMAIL0048
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders
I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0049
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:34 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your EMAIL0050
ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain
EMAIL0051
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

The paranoia I see below and in other emails you sent Alisha this morning is reminiscent of our very first interaction in the spring/summer of 2024, where you were convinced that I was trying to prevent you EMAIL0052
from filing your nomination papers to run for City Council when you were on deployment. As you may recall, despite being faced with very similar vitriol, the exact same threats, and no assistance from you, I did the opposite, and actually found the law allowing you to do so.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
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 EMAIL0053
RUTAN
RUTAN & TUC KER, L.LP
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 EMAIL0054
From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders
I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0055
RUTAN
RUTAN & TUCKER , L.LP
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 3:36 PM PDT
To: 'Tony Blain'
CC: 'Chris Hazeltine'; 'Wendy Kaserman'; Patterson, Alisha Subject: RE: COL Blain Army orders

Please clarify, specifically what have I said that is a lie? You make wild accusations, but cannot point to one thing below that is a lie or dishonest.

I am certain that any absence from a meeting during deployment would be considered excused. No one ever told you it would not be. Please let Wendy know the dates of your deployment.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

EMAIL0056
RUTAN
RUTAN & TUCKER , L.LP
I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

The only purpose of Rutan & Tucker, you, and A. Patterson at this point is to continue to embarrass, demean, and portray Councilmember Blain in as negative light as possible so that your boss (Mayor Vaus, who you personally donate thousands of dollars to his re-election campaigns in obvious violation of all legal ethical boundaries for a City Attorney) can get re-elected as Mayor, Supervisor, or whatever he wants to do.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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
EMAIL0057

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Tony, and all Council (BCC)-

Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with EMAIL0058
“kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders
EMAIL0059
RUTAN
RUTAN & TUCKER, L.LP

Good morning,

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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.

EMAIL0060

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

EMAIL0061
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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
EMAIL0062
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0063
RUTAN

FIUTAN & TUCKER , LLP
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 3:39 PM PDT
To: 'Tony Blain'
CC: 'Chris Hazeltine'; 'Wendy Kaserman'; Patterson, Alisha Subject: RE: COL Blain Army orders

Tony – you have posted/copy pasted emails from both Alisha and I providing legal advice. These are clearly attorney client privileged. If you are saying copying Chris destroys the privilege, that is not correct. He is a member of the organization, not a third party.

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders

And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege.

There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

EMAIL0064
RUTAN
RUTAN & TUCKER , L.LP
Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74

EMAIL0065
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know.

I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

The only purpose of Rutan & Tucker, you, and A. Patterson at this point is to continue to embarrass, demean, and portray Councilmember Blain in as negative light as possible so that your boss (Mayor Vaus, who you personally donate thousands of dollars to his re-election campaigns in obvious violation of all legal ethical boundaries for a City Attorney) can get re-elected as Mayor, Supervisor, or whatever he wants to do.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request
EMAIL0066

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74

EXTERNAL EMAIL
Tony, and all Council (BCC)-

Before getting into the substance of your outlandish statements, I must note it is extremely disappointing that after all that has happened – specifically the pending independent investigation for personnel complaints – you continue to engage in the exact same behavior that started all of this. Prior to the temporary change in direct contacts, as a result of the pending investigation, Chris and I worked for countless hours to provide you agnostic, objective information and advice you requested. I now see Alisha and Wendy spending countless hours in their attempt to be responsive to your numerous questions, while sacrificing time spent on other city business. In return for these efforts, they receive series of emails such as those below (as I did throughout December and January) – rudeness as best, harassment of two more staff members at worst. I find your demands to provide information by 10 am particularly ironic, given that you failed to attend yesterday’s weekly briefing with Alisha and Wendy, with no advance warning. As of this writing, you still have not even mentioned it or apologized. Wendy EMAIL0067
and Alisha took time to prepare for the briefing, including a pre-meeting with Wendy and Chris to ensure all members of the City Council are receiving the same information. All of that was ultimately wasted. This has to be the 5th or 6th meeting where you have done this (that I have heard of), including a meeting with me where I drove down to City Hall specifically to meet and brief with you. You blew me off without letting me know, despite being physically 10 feet from my office multiple times throughout the day.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic EMAIL0068
RUTAN
FIUTAN & TUCKER, L.LP
Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

EMAIL0069

General Service Request

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

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 EMAIL0070
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

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Please also note that after Alan sent his December 11, 2024 email memo, there were additional refinements to the Brown Act that impact how many meetings you could attend remotely due to EMAIL0071
“just cause” or “emergency circumstances.” Deployment does not qualify as “just cause” or “emergency circumstances” under the Brown Act (which generally relate to contagious illnesses, disability, or City Council-related travel). The amendments that went into effect January 1, 2025 did not change the “traditional” process.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0072
RUTAN

FIUTAN & TUCKER , LLP
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:55 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

There is no harassment — you are wrong.

Your contact of me is perceived by me as harassment, intimidation, and bullying.

What you are doing preventing me from participating in City Council meetings unless I disclose my classified war zone location is simply your way of trying to kick me off Council, which I am very sure you will be very successful doing.

Again, you have ignored my question, which I will post for the 3rd time: how do I receive an "excused absence" for City Council meetings while I am deployed. If I miss a certain number of meetings during my deployment, am I then kicked off Council? Please be extremely specific in your reply.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 3:39 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
EMAIL0073
Tony – you have posted/copy pasted emails from both Alisha and I providing legal advice. These are clearly attorney client privileged. If you are saying copying Chris destroys the privilege, that is not correct. He is a member of the organization, not a third party.

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

From: Tony Blain
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Re: COL Blain Army orders
And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
EMAIL0074
RUTAN
RUTAN & TUCKER , L.LP
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
EMAIL0075
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EMAIL0076
Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with “kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

EMAIL0077
RUTAN
RUTAN & TUCKER , L.LP
Good morning,
I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

EMAIL0078
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
EMAIL0079
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

You will be given redacted copy of my orders when I receive them.

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EMAIL0080
RUTAN

RUTAN & TUCKER , LLP
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:57 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

By the way, if we ever get 3 votes on City Council, we will re-write Poway Municipal Code to make City Manager and City Manager evaluations no longer closed door. You are all preventing the most important evaluations (Poway city residents). You are hiding behind Vaus and 3 votes.

If most Poway residents were allowed to submit input or vote on your evaluations, you both would no longer be employed and certainly would not receive pay raises. The majority of 5,000 Poway residents I talked to are not happy with your job performance.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain
Sent: Tuesday, March 11, 2025 3:55 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Re: COL Blain Army orders
There is no harassment — you are wrong.

Your contact of me is perceived by me as harassment, intimidation, and bullying.

EMAIL0081
What you are doing preventing me from participating in City Council meetings unless I disclose my classified war zone location is simply your way of trying to kick me off Council, which I am very sure you will be very successful doing.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 3:39 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Tony – you have posted/copy pasted emails from both Alisha and I providing legal advice. These are clearly attorney client privileged. If you are saying copying Chris destroys the privilege, that is not correct. He is a member of the organization, not a third party.

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
EMAIL0082
_____________________________________________________
Privileged And Confidential Communication.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 EMAIL0083
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
EMAIL0084
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EMAIL0085
With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
EMAIL0086
RUTAN
RUTAN & TUCKER , L.LP
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

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 EMAIL0087
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic EMAIL0088
RUTAN
RUTAN & TUCKER , I.LP
Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

You will be given redacted copy of my orders when I receive them.

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EMAIL0089
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 4:28 PM PDT
To: Fenstermacher, Alan
CC: 'Chris Hazeltine'; 'Wendy Kaserman'; Patterson, Alisha Subject: Continued Correspondence
Attachments: Re COL Blain Army orders.msg, Re COL Blain Army orders.msg, Re COL Blain Army orders.msg, Re COL Blain Army orders.msg

Mayor and all Council – please see attached for the further communications relating to/in response to my earlier email. I am reaching the point where I may need to request that the City Attorney’s office be relieved entirely from responding to Councilmember Blain, unless at a public hearing. I cannot continue to subject any of my colleagues to this treatment. I note that CM Blain also continues to threaten my contract and Chris’ employment, amidst a pending harassment investigation, in addition to accusing me of dozens of different things that are objectively and easily proven false.

Furthermore, as you can see even through all of the nonsense, the response on his excused absence question (a completely different topic than remote participation, which started this entire conversation) has been provided, but the emails demanding a continued response continue. Over the past 4 months, an incredible amount of costs have been incurred responding to repeated questions that have already been asked and answered, and are apparently not read.

Even more confusingly, I was asked for another response one minute after being told to cease all communications. I do not plan on responding further.

EMAIL0090
Fens-termacher, Alan
To O Tony Blain
Cc O Chris Ha12elti11e; 0 W e11d'y Kaserm an; P aitterso11, Alli sh a Please cllarify, specificallly what have II said that is a llie? You make wi ld accusat ions, but cannot point to one t hing below t hat is a llie or dishonest . ~ Repl'y <~ Reply A II
I am certain that any absence from a meeting during de~lo~ , ent would be considered excused. No one ever told you it would not be. Please let Wencly l<now the dates of your deployment.

Al.an B. Fenstermacher
18575 Jamboree Road, 91h Ftoor I Inine, CA 92612

0. (7 14) 641-5100 I D. (714) 641-3452 I M .. (949) 500-8247 (Mobile) [email protected] I W\Vw .rutan.co m
RUTAN
RUTAN & TIJCKE:R, LLP
Privilege d And Confiden t ial Com munic atr,on.
➔ Forward I~ D
Tue 3/ 11/2.02.5 3d6 PM
This elect ro nic t ra 11 sm i,ssiorn, and any ,do cum ent s at tache d hereto, (a), are protecte d by the Electronic Co mmu11icat1ions Priva,cy Act (18 USC§§ 2.510-2521 ), (b) may cont ain confid ential and/orr legall y p,nivii lege d information , and (c) are for the sole use of t he i11t e11ded recip ,iernt 11am e,d above. If yo u have nee:eived th is ele ctrronic mess,a,ge i11 enror, please notify th e send er and delete the electronic m essage _ An y disd osune, copying, distribut ion, or use ofthe contents of the infor mat1io n rece ived in enror is stri ctly proh ibited.

From: Tony Blain
Sent: Tuesday, March 11, 2025 3:34 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your EMAIL0091
ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain
EMAIL0092
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

The paranoia I see below and in other emails you sent Alisha this morning is reminiscent of our very first interaction in the spring/summer of 2024, where you were convinced that I was trying to prevent you EMAIL0093
from filing your nomination papers to run for City Council when you were on deployment. As you may recall, despite being faced with very similar vitriol, the exact same threats, and no assistance from you, I did the opposite, and actually found the law allowing you to do so.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
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 EMAIL0094
RUTAN
RUTAN & TUC KER, L.LP
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 EMAIL0095
From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

You will be given redacted copy of my orders when I receive them.

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EMAIL0096
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:55 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

There is no harassment — you are wrong.

Your contact of me is perceived by me as harassment, intimidation, and bullying.

Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 3:39 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
EMAIL0097
Tony – you have posted/copy pasted emails from both Alisha and I providing legal advice. These are clearly attorney client privileged. If you are saying copying Chris destroys the privilege, that is not correct. He is a member of the organization, not a third party.

I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege. There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
EMAIL0098
RUTAN
RUTAN & TUCKER , L.LP
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:31 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Re: COL Blain Army orders
Again, you are wrong on all accounts Alan — you personally with help of Hazeltine, Vaus, and DeHoff contacted newspapers (it doesn't matter which one of you specifically did it - you all are complicit), TV, and open City Council meetings with multiple political lies, and your e-mail below will end up in the newspapers also, which you already know. You continue to lie. How you are even allowed to continue as an "honest" lawyer is beyond my comprehension. Your ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
EMAIL0099
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EMAIL0100
Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with “kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

EMAIL0101
RUTAN
RUTAN & TUCKER , L.LP
Good morning,
I will give you until about 10 AM to call my cell, then I will be going to every single San Diego County, state, and national news outlet stating that you and Alan Fenstermacher and Mayor Vaus are trying to kick me off of Poway City Council as a result of my upcoming Army Reserve deployment.

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

EMAIL0102
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.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
EMAIL0103
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0104
RUTAN

RUTAN & TUCKER , LLP
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:31 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

However, I am formally requesting to be given an "excused absence" from these meetings.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water
https://poway.org/317/Water
EMAIL0105
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this EMAIL0106
has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Have a great day!
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
EMAIL0107
RUTAN
RUTAN & TUCKER , L.LP
So, you will be using my deployment to kick me off of City Council? You will be receiving a call from Army JAG?
Please note that our email communications are subject to public disclosure.

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders
Please call me 858-248-1509
You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

General Service Request
EMAIL0108
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

EMAIL0109
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders
I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0110
From: Tony Blain
Sent: Tuesday, March 11, 2025 3:57 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: COL Blain Army orders

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

There is no harassment — you are wrong.

EMAIL0111
Your contact of me is perceived by me as harassment, intimidation, and bullying.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
Water

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 3:39 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: RE: COL Blain Army orders

EMAIL0112
I have been forced to contact you by your own conduct, harassment of my colleagues, and violation of the law. I do not enjoy contacting you.

And the only "attorney-client" privilege e-mails that are valid are e-mails from you or Patterson.

E-mails from Hazeltine, who is NOT an attorney, are NOT attorney-client privilege.

There are no 3rd party attorney-client privilege e-mails.

Alan, you just violated your own HR complaint by contacting me — please cease these communications immediately.

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 EMAIL0113
RUTAN
RUTAN & TUCKER , L.LP
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

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74

EMAIL0114
I do not need to participate in Council meeting while I am deployed since the "rules" you posted do not allow it.

However, I am formally requesting to be given an "excused absence" from these meetings.

The only purpose of Rutan & Tucker, you, and A. Patterson at this point is to continue to embarrass, demean, and portray Councilmember Blain in as negative light as possible so that your boss (Mayor Vaus, who you personally donate thousands of dollars to his re-election campaigns in obvious violation of all legal ethical boundaries for a City Attorney) can get re-elected as Mayor, Supervisor, or whatever he wants to do.

You, DeHoff, (I'm waiting for Pikus to jump in), A. Patterson, and Hazeltine continue to participate in endless exaggerations and political lies.

The truth will come out in the 2026 election and the good people of Poway will elect an honest Mayor and will be voting against all of the lies and corruption that currently exist.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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
EMAIL0115

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.org/formcenter/city-clerk-33/public-records-request-form-74

EXTERNAL EMAIL
Tony, and all Council (BCC)-

Moving to the content of your emails – Alisha provided you with state law (the Brown Act) regarding remote appearances, which I previously spent hours explaining to you in December and January, and even earned a rare thank you from you. However, you continue to waste our time with requesting the same information or perhaps you are testing the water to see if you will get different answers from different staff or a different attorney. We do not make the law. This also has nothing to do with EMAIL0116
“kicking you off council”- that is nonsensical. Whether or not you participate remotely has no bearing on your tenure on City Council. It bears repeating, since I have often had to send you the same information over and over- whether or not you remotely participate in a Council meeting has nothing to do with whether you can stay on City Council.

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 6:15:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <[email protected]>
Subject: Re: COL Blain Army orders
EMAIL0117
RUTAN
RUTAN & TUCKER , L.LP

Good morning,

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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.

EMAIL0118

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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

Water

https://poway.org/317/Water

EMAIL0119
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.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
EMAIL0120
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
EMAIL0121
RUTAN

FIUTAN & TUCKER , LLP
From: Tony Blain
Sent: Tuesday, March 11, 2025 4:55 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: Re: Continued Correspondence

Alan, you will be responsible for masterminding only city in entire nation who successfully kicked off an elected Councilmember for a military deployment.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Continued Correspondence

EXTERNAL EMAIL
Mayor and all Council – please see attached for the further communications relating to/in response to my earlier email. I am reaching the point where I may need to request that the City Attorney’s office be relieved entirely from responding to Councilmember Blain, unless at a public hearing. I cannot continue to subject any of my colleagues to this treatment. I note that CM Blain also continues to threaten my contract and Chris’ employment, amidst a pending harassment investigation, in addition to accusing me of dozens of different things that are objectively and easily proven false.

Even more confusingly, I was asked for another response one minute after being told to cease all communications. I do not plan on responding further.

EMAIL0122
EMAIL0123
Fenstermacher Alan
To t-) Tony Blain
Cc ,- Chris Hazeltin e; ,- W endy Kaserm an; Patterson, A li sh a Pl.ease cllarify, specificallly what have I said t hat is a lie? You make wild accusat ions, but cannot point to one th ing below that is a llie or dishonest ~ Reply <~ Reply A II
I am certain that any absence from a meeting during de BIO¥ ent wou ld be considered excused. No one ever told you it would not be. p·1ease let Wencly know the dates of your deploymen t.

Alan B. F eostermacher
18575 Jamboree Road, ~ Ffoor I 11:vine, CA 92612
o _ (714) 641-5100 I o _ (714) 641-3452 IM_ (949) 500-8247 (Mohile) [email protected] I wv.r\,v_rut:an_com
RUTAN

RUTAN & TUCKEIR , LLP
Privileged .And Confide nt ia I Com municati on_
➔ Forward I~ D
Tue 3/ 11/2025 3:36 PM
This elect ro nic t ransmission, ,m d any do cum ent s at t ached hereto, (a) are protected by the Elect ro nic Co mmum icatiiorns Privacy Act {18 USC §§ 2510 -2521), (b) may cont ain confidential and/ or legally p,riviilege d infor m atio n, and ,(c) are for t he sole use of t he int ende-d recip,ie nt nam e-d abov e .. If yo u have rec eived t his electrnnic messa,ge in error, please notify th e sender arnd delete t he elect ro rn ic m essag,e_ Any d isclosure, copy ing, dist ri but ion, or use ofthe cont ents of t h e infor mat1io rn received in erro r is stri ctly proh ibit:ed_
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 4:58 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman
Subject: Fwd: Continued Correspondence

Council - FYI.

Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: March 11, 2025 at 4:55:33 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris Hazeltine <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>
Subject: Re: Continued Correspondence

Alan, you will be responsible for masterminding only city in entire nation who successfully kicked off an elected Councilmember for a military deployment.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
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
EMAIL0124
Please e-mail us all in 2 weeks for response if we do not respond sooner.

EMAIL0125
A, Fensterm.ach~r •. Alan
- To Tony Blam
Cc Chns Hazeltine; Wendy Kaserman; Patterson, Alisha
~- <') •• , •• ,, ➔ g ~ □
Tue3/11/20253:36PM
Please clarify, specifically what have I said that is a lie ? You make wil d accusations, but cannot poin t to one thing below that is a lie or dishonest.

I am certain that any absence from a meeting during deployment would be considered excused. No one ever told you it would not be. Please let Wendy know the dates of your deployment.

Alan B. Fenstermacher
18575 Jamboree Road, 9th Floor I Irvine, CA 92612

0. (714) 641-5100 ID. (714) 641-3452 IM (949) 500-8247 (Mobil,) [email protected] I www.rutan.com
RUTAN
Privilee;ed And Confidential Commun ic11tion.

This electronic transm ission, and any documents attached hereto , (al are protected by the Electronic Communications Privacy Act (18 USC§§ 2510-2521), (b) may contain confident ial and/ or lee:ally privile£ed information, and (cl are for t he sole use of the intended recipient named above. If you have received this electro nic message in error, please notify the sender and delete the electronic messa£e. Any disclosure, copyin£, distribut ion, or use of the contents of the Info rmation received in error is strfct ly proh ibited
LJ
From: Tony Blain
Sent: Tuesday, March 11, 2025 5:37 PM PDT
To: Fenstermacher, Alan
CC: Chris Hazeltine; Wendy Kaserman
Subject: Re: Continued Correspondence

Please make all of my recent e mails public record and agenda items for transparency, as well as every single response
Get Outlook for iOS
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 4:58:34 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman
Subject: Fwd: Continued Correspondence

EXTERNAL EMAIL
Council - FYI.

Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain
Date: March 11, 2025 at 4:55:33 PM PDT
To: "Fenstermacher, Alan"
Cc: Chris Hazeltine , Wendy Kaserman , "Patterson, Alisha" Subject: Re: Continued Correspondence

Alan, you will be responsible for masterminding only city in entire nation who successfully kicked off an elected Councilmember for a military deployment.

Please note that our email communications are subject to public disclosure.

EMAIL0126
General Service Request
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: Continued Correspondence

EMAIL0127
A, Fensterm.ach~r, Alan
- To TonyBlain
Cc Chns Hazeltine; Wen&,; Kaserman; Patterson, Alisha
Please clarify, specifically what have I said that is a lie? You make wil d accusations, but cannot point to one thing below that is a lie or dishonest. ~ - ,., ,., •• ,, ➔ •·~"i.J ~ B
Tue3/11/20253:36 PM
I am certain that any absence from a ee ·n .Q!!illlg de1:1loyment would be considered excused. No one ever tolcf you it would not be. Please lerwendy know the dates ofyourdeployment.

Alan B. Fenste rmacher
18575 Jamboree Road, 9ChFloorl Irvine, CA 92612
O_ (714) 641-5100 ID. ( 714) 641-3452 IM (949) 500-8247 (M:obile) [email protected] m I \Y\\'W.rutan.com
RUTAN
Privil eged And Conf idential Commun ication .

This electronic transmiss ion, and any document s att11Ched herdo, (a) are protected by the Electronic Communications Priv11cy Act (18 USC§§ 2510-2521) , (b) m11y cont11in con fidenti11I and/or lei:11lly privilei:ed information, and (c) 11re for the sole use of the intended recipient named above. If you have rece ived this electron ic mess11ee in error, please notify the sender illnd delete the electronic messillee. Any disclosur e, copy in1, distribution, or use of the contents of the informill tion rec eived in error is strictly prohib ited .

LJ
From: Tony Blain
Sent: Tuesday, March 11, 2025 6:28 PM PDT
To: Wendy Kaserman; Fenstermacher, Alan
Subject: HR

Please confirm i submitted formal HR complaints against both Hazeltine and Fenstermacher I feel extremely intimated, threatened, harassed, and bullied as result of today’s e-mails, his previous anger and profanity directed at me at previous Council meetings, and multiple threatening e-mails
Get Outlook for iOS
EMAIL0128
From: Patterson, Alisha
Sent: Thursday, March 13, 2025 12:38 PM PDT
To: Tony Blain; Wendy Kaserman
Subject: RE: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended Attachments: RE COL Blain Army orders.msg

Councilmember Blain - To the extent there is any confusion, Alan Fenstermacher did not authorize you to post privileged emails on your website. Mr. Fenstermacher said the opposite and directed you to remove the emails. A highlighted screen grab of his email to you is below, and the full email is attached. The email says (in bold underlined font) “This is a violation of the City’s attorney/client privilege” and “These emails must be removed.” To reiterate, you do not have the authority to unilaterally waive the City’s attorney/client privilege. The City Council (via majority vote) needs to approve public disclosures of privileged emails. Alisha Patterson
18575 Jamboree Road, 9th Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 662-4663
[email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain
Sent: Thursday, March 13, 2025 12:08 PM
To: Wendy Kaserman ; Patterson, Alisha
Subject: Fw: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended This is a false statement — please remove it:
"Inresponse, Councilmember Blain denied they are subject to the attorney-client privilege, and refused to remove them from his personal website."
EMAIL0129
With respect to you r threats to go to the media if you do not get an answer that sufficient ly pleases you (a threat you have made to me multiple times)- please , info rm them. They typ ically fact check , and a simple read of the Bro w n Act wou ld null ify your comments. Any reasonable person would real ize this has noth ing to do with kicking you off Council. I note you have already posted/copy asted my emails and Alisha's-emails on this t opic on you r website. This is a violation of th~City's attorney/client privilege, of which the entire Counci l.is the holder, and it reqUires a ma jor ity vote to w aiveJ These emails must be_remo.ved, although I personally do not mind them being posted - they contain objectively correct summary of state law.

RUTAN
RUTAN & TUCKER, L.LP
Nobody ever asked me to remove anything from social media. In fact, Fenstermacher e-mailed that "he doesn't care" if e-mails remain.

Fenstermacher continues to lie and bend the truth for political gain.

Please correct Fenstermacher's letter to reflect the truth, or show me specifically where anyone asked me to remove any attorney communication from social media.

Please note that our email communications are subject to public disclosure.

General Service Request
https://poway.org/270/Service-Request
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.org/formcenter/city-clerk-33/public-records-request-form-74 From: Jazmin Fisher <[email protected]>
Sent: Thursday, March 13, 2025 12:02 PM
EMAIL0130
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Fenstermacher, Alan <[email protected]>; Carrie Gallagher <[email protected]> Subject: RE: March 18, 2025 Regular City Council Meeting Agenda Packet - Amended

Good Afternoon Honorable Mayor and Members of the City Council,

The March 18, 2025 Regular City Council Meeting Agenda and Agenda Packet were amended today, March 13, 2025, to include new Items #6 and #8 & renumbered previous Item #6 to now be Item #7.

Laserfiche Weblink

Kindly,

Jazmin Fisher
Senior Administrative Assistant
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4530
[email protected]
City Hall is closed every other Friday. Please see City Calendar for dates. *Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

From: Jazmin Fisher
Sent: Tuesday, March 11, 2025 6:18 PM
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Fenstermacher, Alan <[email protected]>; Carrie Gallagher <[email protected]> Subject: March 18, 2025 Regular City Council Meeting Agenda Packet

Good Afternoon Honorable Mayor and Members of the City Council,

The March 18, 2025 Regular City Council Meeting Agenda and Agenda Packet are now available on the City's website.

Laserfiche Weblink

Kindly,

Jazmin Fisher
Senior Administrative Assistant
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4530
EMAIL0131
[email protected]
City Hall is closed every other Friday. Please see City Calendar for dates. *Please be aware that all communications to and from this email address are subject to public disclosure and may be reviewed by third parties.*

EMAIL0132
From: Fenstermacher, Alan
Sent: Tuesday, March 11, 2025 2:34 PM PDT
To: Tony Blain
CC: Chris Hazeltine; Wendy Kaserman; Patterson, Alisha
Subject: RE: COL Blain Army orders

Tony, and all Council (BCC)-

With respect to your threats to go to the media if you do not get an answer that sufficiently pleases you (a threat you have made to me multiple times) – please, inform them. They typically fact check, and a simple read of the Brown Act would nullify your comments. Any reasonable person would realize this has nothing to do with kicking you off Council. I note you have already posted/copy pasted my emails and Alisha’s emails on this topic on your website. This is a violation of the City’s attorney/client privilege, of which the entire Council is the holder, and it requires a majority vote to waive. These EMAIL0133
emails must be removed, although I personally do not mind them being posted – they contain objectively correct summary of state law.

Good morning,

Have a great day!
EMAIL0134
RUTAN
RUTAN & TUCKER , L.LP
From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

So, you will be using my deployment to kick me off of City Council?

You will be receiving a call from Army JAG?

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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.org/formcenter/city-clerk-33/public-records-request-form-74 EMAIL0135

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:16 AM
To: Patterson, Alisha <[email protected]>; Wendy Kaserman <[email protected]> Subject: Re: COL Blain Army orders

Please call me 858-248-1509

You will NOT be receiving my exact location — it is classified.

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

https://poway.org/270/Service-Request

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:

EMAIL0136
https://poway.org/formcenter/city-clerk-33/public-records-request-form-74

From: Patterson, Alisha <[email protected]>
Sent: Monday, March 10, 2025 7:26 PM
To: Tony Blain <[email protected]>; Wendy Kaserman <[email protected]> Subject: RE: COL Blain Army orders

EXTERNAL EMAIL
Good evening Councilmember Blain - For ease of reference, I have attached a December 11, 2024 email memo Alan prepared that provides a detailed outline of the Brown Act’s remote participation options for City Council meetings as well as your follow up questions with him. Based on the attached email chain, it looks like you previously determined the “traditional” procedure in Governmental Code Section 54953(a)-(b) is the only option that would work if you want to teleconference in to City Council meetings while you are deployed. The “traditional” procedure requires your exact location to be posted in the City’s meeting agenda, and you need to make your location open to any member of the public who would like to attend the meeting. If you would like to use the “traditional” option, you will need to coordinate with Wendy on how far in advance of the meeting you would need to provide your exact location to City staff so they have time to incorporate it into the meeting agenda.

From: Tony Blain <[email protected]>
Sent: Monday, March 10, 2025 5:41 PM
EMAIL0137
RUTAN

RUTAN & TUCKER , LLP
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: COL Blain Army orders

I have upcoming 90 day Army deployment orders. I intend to participate fully virtually on City Council when I am deployed. Please send me specific instructions for doing so.

You will be given redacted copy of my orders when I receive them.

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EMAIL0138

Poway City CouncilMarch 18, 2025

Poway City Council
March 18, 2025