Item 3 - Attachment B - Attachments to the Executive Summary of Investigative Findings City of Poway - City Attorney Alan Fenstermacher — Poway City Council, July 1, 2025 (part 2 of 5)

SECTION 4: Section 2.18.060 of the PMC shall be amended to add a new subdivision D, to read as follows:

A. The City Council's agenda shall be set by the City Manager, in consultation with the Mayor. Any individual member of the City Council that wishes to place a matter on a future City Council agenda may raise the matter as a Council initiated item, and only for the purpose of discussing whether or not that matter should be placed on a future City Council agenda. The matter raised by an individual member of the City Council may be placed on a future agenda for discussion only if a majority of the membership of the City Council votes in favor of doing so.

SECTION 5: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").

SECTION 6: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 7: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Councilmembers voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
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II
II
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Ordinance No. 872

Page 3 ends

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 3rd day of December, 2024, and thereafter.

PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of December, 2024, by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 ofS
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14 14

987 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: [email protected]
Subject: Fw: Recall
Date: Wednesday, January 15, 2025 2:52:23 PM
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Sunday, December 22, 2024 3:58 AM
To: Peter De Hoff <[email protected]>
Subject: Re: Recall

I might be persuaded to vote Yes on you for Deputy Mayor also if you vote Yes on Special Election, since that would show you are willing to work with new Councilmembers.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain
Sent: Sunday, December 22, 2024 3:32 AM
To: Peter De Hoff <[email protected]>
Subject: Recall

Peter,
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2-year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.
988 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Peter De Hoff
Subject: Recall
Date: Thursday, December 26, 2024 4:20:45 PM

EXTERNAL EMAIL
Hi, Peter,
You have my word we will NOT do your Recall if you vote Jan. 21 in favor of what MOST D1 residents want
If you do not, I will immediately file Recall Notice with City Clerk.

Tony
Sent from Yahoo Mail for iPhone
989 of 2175
July 1, 2025, Item #3

15 15

990 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Fenstermacher, Alan
Cc: Chris Hazeltine; Jenny Maeda
Subject: Re: Unable to Access Your Mayoral Campaign Social Media Date: Sunday, January 5, 2025 12:15:20 PM
Attachments: image001.png
But thank you very much for explaining the legality issues Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Sunday, January 5, 2025 12:05:37 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Jenny Maeda <[email protected]> Subject: Re: Unable to Access Your Mayoral Campaign Social Media

threatened me and cussed me out when I knocked on his door campaigning Both and will be completely ignored next 10 years
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Sunday, January 5, 2025 11:15:37 AM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Jenny Maeda <[email protected]> Subject: RE: Unable to Access Your Mayoral Campaign Social Media

EXTERNAL EMAIL
Councilmember Blain –

I have hope you had a good holiday and New Years. However, the emails below and to (attached) are extremely legally problematic. Simply put, you cannot tell someone to stop emailing your City Council email address, and doing do opens up the City to clear liability under the First Amendment. Individuals have an absolute right to petition their government, which includes elected officials first and foremost. Receiving complaints or negative feedback is part of the job, as you know, as you previously availed yourself of that right with respect to other Councilmembers (and non-elected City employees and contractors) when you were a member of the public.

What you are doing is illegal under the First Amendment for the same reasons it is illegally to block people on your social media accounts where you discuss City business as a City Councilmember, explained in detail in my attached 12/9 email to you and legal memorandum attached thereto, 991 of 2175
July 1, 2025, Item #3
which summarizes the recent US Supreme Court cases on that topic. However, this is even worse because unlike blocking, there is absolutely no grey area – people are entitled to email your City account, period. You can ignore it, but you cannot stop them.

If you truly feel personally threatened or unsafe, you can take action yourself by personally filing a report with law enforcement, but the City certainly cannot be involved as that just compounds the liability, making it a clear state action. In these circumstances, filing a police report against these individuals would be classic illegal retaliation under the First Amendment. Nothing in these emails involving social media posts indicates some sort of personal life safety issue or threat to the same.

To illustrate this point in perhaps dramatic terms, sending the police to someone’s house for complaining to an elected official (or posting something negative on social media) is something that might occur in the former USSR, but is absolutely illegal in the United States. Hopefully if you take a step back you can understand that.

I am copying Councilmember Maeda for her information, as she was copied on your emails regarding

Please let me know if you have any questions. I believe you brief with Chris tomorrow, I could call into that meeting as well, if desired, to discuss.

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.

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: Friday, January 3, 2025 4:57 PM
To: Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media

Tony Blain
Councilmember
992 of 2175
July 1, 2025, Item #3
City of Poway
858-248-1509

From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]> Subject: Re: Unable to Access Your Mayoral Campaign Social Media

I am formally asking you to stop harassing me via electronic communications per Penal Code 653m. If you communicate with me in any way again, I will file a police report.

Tony Blain
Councilmember
City of Poway
858-248-1509

From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media

Please assist me filing restraining order against this person. I feel unsafe.

Please also assist me filing a police report as I have asked this person to stop harassing me via electronic communications per Penal Code 653m.

Tony Blain
Councilmember
City of Poway
858-248-1509

From:

Sent: Friday, January 3, 2025 4:49 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Unable to Access Your Mayoral Campaign Social Media

S d this message don't often get email from
Learn why this is important
993 of 2175
July 1, 2025, Item #3

EXTERNAL EMAIL
Councilmember Blain

I have been unable to access your Facebook page Tony Blain Poway Mayor 2026 and there is indication that I am being blocked. You apparently have another related Facebook page which I'm also unable to access. As a District 2 resident, I would like your assurance that I am not being blocked on a social media site where you are discussing your intentions concerning your current issues before the council and issues due to come before the council in the near future.

I look forward to hearing from you soon.

994 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Jenny Maeda; Fenstermacher, Alan
Subject: Fw: Nextdoor
Date: Sunday, December 29, 2024 1:54:52 PM
Chris,
Please file police report on . I feel threatened and harassed. He has done this entire 2 years I have been running for office. I would like police officer to go to his house and speak to him if you feel it is appropriate.

Tony Blain
Councilmember
City of Poway
858-248-1509

Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

EXTERNAL EMAIL
Blain
Before i forget this is a city website paid for by the taxpayers. I am a taxpayer. This will be my only form of correspondence as it’s linked to the city. So I guess if you want to file the police report go ahead
I’m not sure for what. I’ve done nothing wrong. I am just asking that you stop your awful behavior as a City representative on Nextdoor. This is a pretty simple request from a taxpayer.

On Dec 29, 2024, at 13:14,

You are now a public servant I am not harassing you whatsoever. I am forwarding this message to the mayor and city council as I take this as a threat

On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:

I am formally asking you to stop harassing me via my Poway e- mail. I will file a police report next time you do it.
995 of 2175
July 1, 2025, Item #3
Tony Blain
Councilmember
City of Poway
858-248-1509
From: >
Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

You don't often get email from [email protected]. Learn why this is important

EXTERNAL EMAIL
Blain
You’re a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !

On Dec 29, 2024, at 12:49, Tony Blain
<[email protected]> wrote:

Not bullying - factual

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor

[You don't often get email from
Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification
]

EXTERNAL EMAIL
Blain
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I saw the messages to
And they were totally out of line. You are now a
servant of the City. Your bullying tactics will not be
tolerated anymore. You are now on record as to everything you do that has to do with my city !
996 of 2175
July 1, 2025, Item #3
Worry about your district and the promises you made to
them.

Worry about your district and the promises you made to
them.

Worry about your district and the promises you made to
them.
997 of 2175
July 1, 2025, Item #3

16 16

998 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Friday, January 17, 2025 2:42 PM
To: Chris Hazeltine
Cc: Fenstermacher, Alan; Jenny Maeda
Subject: Deputy Marler (Incident # E9710666, phone 858-513-2800) Poway City Manager and City Attorney,
I just called Poway Sheriff and Deputy Marler (Incident # E9710666, phone 858-513-2800) visited my house. I showed him threatening e-mails and social media posts from over the last 2 years, told him about someone placing dead rats on residents' lawns who placed my campaign signs out front during the election, and told him about unknown person committing felony by placing anonymous letters in all mailboxes of residents' who placed my campaign signs out front of their house during campaign. I also told him about having angry temper tantrum and cussing me out when I unknowingly knocked on his door during campaign (I had never met before that).

Sheriff Incident number is E9710666.

I will be discussing possible restraining order against with San Diego District Attorney next week.

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

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

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

1000 of 2175
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July 1, 2025, Item #3
M EMQRAN DLJ M City of Poway
DATE: February 4, 2025
TO: Members of the City Council
FROM:

SUBJECT:

Peter De Hoff, Councilmember
Censure of Council member Tony Blain
Summary:

At the City Council's January 21, 2025 City Council meeting, I made a motion to bring a resolution of censure of Councilmember Tony Blain at a future City Council meeting, which received majority concurrence as required per the Poway Municipal Code for Council initiated items. The basis of the proposed censure is (1) Councilmember Blain's vote trading and bribery attempts made to both me and at least one prospective Councilmember applicant, which appear to be felonies, (2) threats of adverse action such as recall, (3) misuse of law enforcement resources to retaliate against dissenting members of the public.

While all emails are not attached, and some cannot be due to attorney-client privilege, a representative sample of Council member Blain's emails evidencing this conduct, as well as complaints from the public, are attached hereto, and cited throughout the discussion below.

Discussion:

Section 2.04.1 00(D) of the PMC states that "[t]he City Council shall have the power to adopt a resolution of censure with respect to any member of the Council who violates this section 2.04.[100] or any other Section of the Poway Municipal Code." The remainder of Section 2.04.100 reads in full:
1 of 24
A. The professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety.

Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public.

B. All members of the City Council shall perform their duties in accordance with the processes and rules of order established by the City Council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

C. All members of the City Council shall respect and adhere to the Council-Manager structure of Poway city government. In this structure, the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions, boards, and committees, and City staff . Individual members of the City Council therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Individual members shall February 4, 2025, Item #9
1002 of 2175
July 1, 2025, Item #3
not make requests of City staff, or provide any City staff members with direction, orders or instructions. Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.

Following is a broad outline of Councilmember Blain's behaviors and actions which justify censure.

Impropriety and Illegal Conduct

1. Vote Trading
First, Councilmember Blain attempted to engage in illegal vote trading, offering to vote for my appointment as Deputy Mayor in exchange for me voting to support a special election rather than an appointment, a felony pursuant to Penal Code section 86 (Attachment A). There have been articles on this subject from three news outlets (Axios, the Union Tribune and Fox5 San Diego) all of which sought the input of different independent legal experts, all of whom opinioned this conduct is criminal.

2. Threats of Recall/Adverse Action Against me and Prospective Council Applicants for Not Voting as Councilmember Blain Desired
Councilmember Blain threatened adverse action against myself and now Councilmember Pikus unless I voted as he desired (Attachment A). When I did not vote as he desired, he publicly stated he would follow through with those threats in a local news interview. This also appears illegal under Penal Code section 165 and others (https://www .axios.com/ local/san-diego/2025/0 1 /18/poway -council-vacancy special-election-blain -vause-dehoff-state -law).

3. Attempting to Use Law Enforcement to Silence Critics/Members of the Public On two occasions, Councilmember Blain directed the City Manager to file reports with the Sheriffs Department when individuals sent emails critical of his behavior to his city account. Councilmember Blain asked the City Manager to send law enforcement to these individuals' homes (Attachment B).

Resident names have been redacted from the attached emails referenced in this section.

Councilmember Blain also directly told these individuals to stop contacting him or he would call the Sheriff (Attachment B). Both of these individuals contacted the City extremely worried about adverse law enforcement action (Attachment B).

When one of these individuals demanded Councilmember Blain's resignation via email after his attempted vote trading came to light, Councilmember Blain filed a report with the Sheriffs Department (Attachment B). The Sheriffs Department concluded no crime occurred. It appears clear that this individual was simply voicing his dissent to Council member Blain's actions in his position as an elected official, which is something any member of the community is entitled to do.

Recommended Action:

There is ample evidence to support censure based on Councilmember Blain's numerous violations of Section 2.04.1 00(D), the City of Poway Code of Ethics (Attachment C) and apparent violations of State law. I ask for Council members' concurrence to adopt the attached resolution of censure (Attachment D).
2 of 24 February 4, 2025, Item #9
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July 1, 2025, Item #3
Attachments:

A Emails from Council member Blain to Council member De Hoff and City Council Applicant Pikus RE City Council Vacancy and Deputy Mayor
B. Emails from Councilmember Blain to City Manager Hazeltine Requesting Law Enforcement Assistance and Emails from Residents
C. City of Poway Code of Ethics
D. Resolution
Reviewed/Approved By
J
Wen:is~
Assistant City Manager
3 of24
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #9
1004 of 2175
July 1, 2025, Item #3
From:

To:

Subject:

Date:

Peter,
Tony Blain
Peter De Hoff
Recall
Sunday, December 22, 2024 3:32:20 AM
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.

Tony Blain
Councilmember
City of Poway
858-248-1509
4of24 ATTACHMENT A February 4, 2025, Item #9
1005 of 2175
July 1, 2025, Item #3
From:

To:

Subject:

Date:

Tony Blain
Peter De Hoff
Re: Recall
Sunday, December 22, 2024 3:58:44 AM
I might be persuaded to vote Yes on you for Deputy Mayor also if you vote Yes on Special Election, since that would show you are willing to work with new Councilmembers.

Tony Blain
Council member
City of Poway
858-248-1509
From: Tony Blain
Sent: Sunday, December 22, 2024 3:32 AM
To: Peter De Hoff <[email protected]>
Subject: Recall
Peter,
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.

Tony Blain
Council member
City of Poway
858-248-1509
5 of24 February 4, 2025, Item #9
1006 of 2175
July 1, 2025, Item #3
6 of 24
A TonY. Blain
W To: Chris Pikus >
D1 Appointment
Yesterday
You will only receive one question from me
Jan. 21: "Will you support immediate vote
for D1 Special Election if you are
appointed?"
If you answer "No," we will immediately
RECALL you and for a D1 Special Election
ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509
February 4, 2025, Item #9
1007 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Tony Blain
Councilmember
City of Poway
858-248-1509
Tony Blain
Sunday, December 29, 2024 1:56 PM PST
Chris Hazeltine
Jenny Maeda; Fenstermacher, Alan
Re: Nextdoor
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:54:51 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Fw: Nextdoor
Chris,
Please file police report on - . I feel threatened and harassed. He has done this entire 2 years I have been running for office. I would like police officer to go to his house and speak to him if you feel it is appropriate.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

EXTERNAL EMAIL
Blain
Before i forget this is a city website paid for by the taxpayers. I am a taxpayer. This will be my only form of correspondence as it's linked to the city. So I guess if you want to file the police report go ahead I'm not sure for what. I've done nothing wrong. I am just asking that you stop your awful behavior as a City representative on Nextdoor. This is a pretty simple request from a taxpayer.

On Dec 29, 2024, at 13:14, > wrote:

You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
7 of 24 ATTACHMENT B February 4, 2025, Item #9
1008 of 2175
July 1, 2025, Item #3
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You don't often get email from . Learn why this is important EXTER1 AL EMA IL
Blain
You're a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !
8 of 24
On Dec 29, 2024, at 12:49, Tony Blain <[email protected]> wrote:

Not bullying - factual
Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https://aka.ms/LearnAboutSenderldentification ]

EXTERNAL EMAIL
Blain
. Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I February 4, 2025, Item #9
1009 of 2175
July 1, 2025, Item #3
9 of24
saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city !
Worry about your district and the promises you made to them. -
February 4, 2025, Item #9
1010 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Stop now.

Tony Blain
Sunday, December 29, 2024 1:57 PM PST
Chris Hazeltine
Re: Nextdoor
I just filed police report.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https :/ /aka. ms/LearnA boutSend

EXTERNAL EMAIL
Blain
Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I saw the messages to And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city!
Worry about your district and the promises you made to them. 10 of 24 February 4, 2025, Item #9
1011 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

Subject:

Sunday, December 29, 2024 1:51 PM PST
Chris Hazeltine
Fwd: Nextdoor / Tony Blain
I You don't often get email from Learn why this is important

EXTERNAL EMA IL
Good morni~n,
My name is- and have been a resident of Poway for over 30 years. Ive never had a problem with city government until now. This is in reference to Tony Blain and his constant bullying on next door. He is now a public servant and I have contacted him on the city email.

I've forwarded his response as to him filing a police report. I take this as a threat that if I contact a city representative this is what happens?? This is not right and extremely unprofessional. Do you see any harassment from my email ?
Begin forwarded message:

From:

Date: December 29, 2024 at 13:14:09 PST
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
11 of 24 February 4, 2025, Item #9
1012 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

CC:

Subject:

Tony Blain
Monday, January 6, 2025 6:50 PM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
OMG- has abused me verbally and social media for many years.

Very simple solution ... tell him to leave me alone and I will do the same.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running fo~ I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the iliiie alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po ice to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.

I am providing this update because I think it's pertinent information for you.

Thanks
-Chris
From: Tony Blain <TBlain@poway .org>
Sent: Sunday, December 29, 2024 1:58 PM
To:

Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.

I just filed police report.
12 of 24 February 4, 2025, Item #9
1013 of 2175
July 1, 2025, Item #3
From:

Sent:

To:

Subject:

Tony Blain
Friday, January 3, 2025 4:56 PM PST
Fenstermacher, Alan; Chris Hazeltine
Re: Unable to Access Your Mayoral Campaign Social Media • I am formally asking you to stop harassing me via electronic communications per Penal Code 653m. If you communicate with me in any way again, I will file a police report.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <AFenstermacher@rutan .com>; Chris Hazeltine <CHazeltine@poway .org> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media Please assist me filing restraining order against this person. I feel unsafe .

Please also assist me filing a police report as I have asked this person to stop harassing me via electronic communications per Penal Code 653m.

Tony Blain
Council member
City of Poway
858-248-1509
From:

Sent: Friday, January 3, 2025 4:49 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Unable to Access Your Mayoral Campaign Social Media Some people who received this message don 't often get email from E.\ .. "TERl ALE , L-VL
Councihnernber Blain
. Learn why this is important
I have been unable to access your Facebook page Tony Blain Poway Mayor 2026 and there is indication that I arn being blocked . You apparentl y have another related Facebook page which I'm also unable to access . As a District 2 resident , I would like your assurance that I arn not being blocked on a social media site where you are discussing your intentions concerning your ctment issues before the council and issues clue to come before the council in the near future.

I look forward to hearing from you soon.
- ~
13 of 24 February 4, 2025, Item #9
1014 of 2175
July 1, 2025, Item #3
From:

To:

Subject:

Date:

From:

Alan Fenstermacher
Fenstermacher, Alan
FW: Demand for Your Resignation
Wednesday, January 15, 2025 6:45:19 PM
Sent: nes ay, anuary , :46 PM (UTC-08:00) Pacific Time (US & Canada) To: Tony Blain <[email protected]>
Cc: Steve Vaus <[email protected]>; Peter De Hoff <[email protected]>; Jenny Maeda <[email protected]>; Chris Hazeltine <[email protected]>; Alan Fenstermacher <[email protected]>
Subject: Demand for Your Resignation
Some peop le who received this message don't often get email from imoorta nt
EX.TIR.: AL Ei\ L.\IL
Councilmember Blain,
. Learn why this is
I have just finished reading item #4 on the agenda for next week's City Council Meeting. I am outraged at the private email conespondeuce ben:veen yourself and Councilmember DeHoff and one of the applicants for appointment to the DI vacancy . Your offer to squash a recall effort against Councilmember DeHoff , your threat to file a recall petition against this applicant , as well as your offer to support Cmmcilmember DeHoffs nomination for Deputy Mayor in exchange for their vote to support a special election is nothing short of a bribe and attempt to coerce and the ve1y definition of com1ption.

You have spent the better part of the last t\;vo years accusing the Mayor , fonner and cunent members of the City Co1mcil of com1ption and backroom dealings. You have never provided a shred of evidence to support these allegations . Now , in your first opportunity to make a meaningful contribution to the governance of our city, you have attempted to influence the vote of a sitting council member and the fuh1re vote of a potential appointee through an open threat of retribution should they not comply with your wishes .

Such behavior is unacceptable and intolerable on the pa1t of an elected official. It is likely criminal in nature. As such, I am demanding you recuse yourself from voting on item #4 at the 21 Janumy City Council meeting and immediately resign from the Poway City Council. You are tmfit and undeserving to represent the people in District 2 and should you foolishly decide to continue your effort to become Mayor I will make it my goal to ensure eve1y voter in our City is aware that you have attempted to influence those that represent their interests through threats and coercion.

In closing I have not forgotten that you continue to block me on social media where you continue discuss city business. That is, according to recent court decisions , a violation of my First Amenchnent rights. I would like to remind you that just a few weeks ago, you raised your right hand and took an oath of office. That oath began with the words "I swear or affom that I will support and defend the Constih1tion of the United States." You and I have both taken that oath a number of times in our lives. It meant something to me. Based on your recent actions, I 14 of24 February 4, 2025, Item #9
1015 of 2175
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have to question what it now means to you.

I look forward to a response
-For Mr. Hazeltine , I request this email be made part of the public record and be placed in the final agenda package as pmt of the public response to item #4 . 15 of24 February 4, 2025, Item #9
1016 of 2175
July 1, 2025, Item #3
From:

To:

Cc:

Subject:

Date:

Tony Blain
Chris Hazeltine
Fenstermacher, Alan: Jenny Maeda
Deputy Marler (Incident# E9710666, phone 858-513-2800)
Friday, January 17, 2025 2:42:07 PM
Poway City Manager and City Attorney,
I just called Poway Sheriff and Deputy Marler (Incident# E9710666, phone 858-513- 2800) visited my house . I showed him threatening e-mails and social media posts from - over the last 2 years, told him about someone placing dead rats on residents' lawns who placed my campaign signs out front during the election, and told him about unknown person committing felony by placing anonymous letters in all mailboxes of residents' who placed my campaign signs out front of their house during campaign. I also told him about- having angry temper tantrum and cussing me out when I unknowingly knocked on his door during campaign (I had never met ■ - before that).

Sheriff Incident number is E9710666.

I will be discussing possible restraining order against -with San Diego District Attorney next week .

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

General Service Request
llt tps ://pow ay.org/270/Serv i ce-Req uest
16 of 24 February 4, 2025, Item #9
1017 of 2175
July 1, 2025, Item #3
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 .

Sent:

To:

CC:

Subject:

Tony Blain
Monday, January 6, 2025 11:18 AM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
will be 100% ignored by me next 10 years - they are mean spirited and have harassed me for many years and have no intention to have an actual constructive conversation to help Poway
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running for'o'ffice. I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the il-e alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po rce to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.

I am providing this update because I think it's pertinent information for you.

Thanks
-Chris
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:58 PM
To:

Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.
18 of 24 February 4, 2025, Item #9
1019 of 2175
July 1, 2025, Item #3
site where you are discussing your intentions concerning your current issues before the council and issues due to come before the council in the near future.

I look forward to hearing from you soon.
-
19 of 24 February 4, 2025, Item #9
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July 1, 2025, Item #3
Preamble
Resolution No. 056

Page 3 ends

The citizens and businesses of Poway are entitled to responsible, fair and honest local government which has earned the public's full confidence for integrity. The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to those they serve.

Accordingly, the Poway City Council has adopted this Code of Ethics to:

1. Describe the standards of behavior to which its leaders aspire;

2. Provide an ongoing source of guidance to City officials in their day-to-day service to the City; and

3. Promote and maintain a culture of ethics.

This Code of Ethics builds upon the City of Poway's Ideals, which include:
• Open and Honest Communication at All Times;
• Mutual Respect; and
• Honor of the Public Trust as Stewards of the Community.

Elected officials, officers, employees, members of committees and commissions, and volunteers shall comply with the laws of the nation, the State of California and the City of Poway in the performance of their public duties. These laws include, but are not limited to:
the United States and California constitutions; the Poway Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.

The purpose of this Code of Ethics is to set a standard of conduct for all elected officials, officers, employees, members of committees and commissions, and volunteers for the City of Poway. The Code will be reviewed and evaluated periodically. 20 of 24 ATTACHMENT C February 4, 2025, Item #9
1021 of 2175
July 1, 2025, Item #3
Resolution No. 056

Page 4 ends

We maintain Open and Honest Communication at All Times
• I am honest and forthright with my fellow officials, the public and others, even when it is uncomfortable to do so.
• I encourage diverse public engagement in our decision-making processes and support the public's right to know.

We maintain Mutual Respect
• I treat my fellow City officials, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community . • I promote consistency, equity and non-discrimination in public agency decision-making.

We Honor the Public Trust as Stewards of the Community
• I am a steward of the public trust.
• I understand that the community expects me to serve with dignity and respect for my office, as well as to be an agent of the democratic process acting in the public interest. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the City for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its residents . • I understand that as an elected official, or as a representative appointed by the City Council, I cannot act on behalf of, or commit the City to any action or policy that has not been authorized by the City Council.
• I am prepared to make decisions in the public's best interest based on the merits and substance of the matter at hand, and to take responsibility for my actions, whether those decisions are popular or not.

We will hold ourselves as individuals and the City of Poway organization as a whole accountable for acting consistently with this Code of Ethics. 21 of 24
Adopted June 6, 2006
Amended October 16, 2012
February 4, 2025, Item #9
1022 of 2175
July 1, 2025, Item #3
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, CENSURING COUNCILMEMBER

ARTHUR (TONY) BLAIN FOR VIOLATIONS OF COUNCIL

POLICIES, POWAY MUNICIPAL CODE, AND RELATED

MISCONDUCT
WHEREAS, the City of Poway is a municipal corporation and general law City in the state of California;
WHEREAS, the United States Supreme Court has long recognized the practice of censuring legislative body members, which has been more commonly observed at the state and local level, and as early as 1833 (Houston Community College System v. Wilson (2022) 595 U.S. 468,475);
WHEREAS, public officials have the authority to censure an individual member of a legislative body (Braun v. City of Taff (1984) 154 Cal.App.3d 332, 347-348); WHEREAS, in addition to this common law authority, section of 2.04.100(0) of the Poway Municipal Code ("PMC") also expressly authorizes the City Council to censure an individual member of the City Council, by majority vote, for any violations of the PMC, including but not limited to the other provisions of section 2.04.100;
WHEREAS, a censure is one approach of distancing the public agency from inappropriate and/or unlawful behaviors that interfere with the agency's ability to conduct the public's business and protect its employees and the public;
WHEREAS, PMC section 2.04.1 O0(A) states that "the professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public;" WHEREAS, Councilmember Blain's (1) attempts to engage in vote trading with Councilmember De Hoff, (2) threating to take adverse action, including initiating a recall, against Councilmember De Hoff if he did not vote as Councilmember Blain desired, (3) apparently following through on that threat, and (4) threatening an applicant for the open City Council seat with the same adverse action, is improper, abusive, unprofessional, unbecoming of a Councilmember, and likely felonies under the California Penal Code 86 (see, Attachment A to the February 4, 2025 agenda report);
WHEREAS, Councilmember Blain's attempts to use law enforcement against members of the public in response to their negative, but non-threatening, emails to his official City email account, and informing members of the public to never email his official City email account again or he will call law enforcement, is an abuse of City and County resources, improper, abusive, unprofessional, unbecoming of a Councilmember, and likely unlawful under the First Amendment and otherwise (see, Attachment B to the February 4, 2025 agenda report); WHEREAS, such abusive, unprofessional, threatening, reckless, potentially felonious and otherwise unlawful behavior not only poses legal risks to the City and Councilmember Blain 22 of 24 ATTACHMENT D February 4, 2025, Item #9
1023 of 2175
July 1, 2025, Item #3
personally, but also has the potential to compromise the City's reputation, strategic objectives, relationships with staff, current and potential outside consultants and contractors, and erode the public's trust in its leadership;
WHEREAS, the conduct discussed above qualifies, at a minimum, as the appearance of impropriety, and likely actual impropriety (i.e., illegal conduct), in violation of PMC section

2.04.1 00(A);
WHEREAS, the conduct discussed above also qualifies as abusive conduct against Councilmember De Hoff, now Councilmember Pikus, and several members of the public, in violation of PMC section 2.04.100(A);
WHEREAS, the conduct discussed above and evidenced in Attachments A and B also violates the City's Code of Ethics, available on the City's website at https://poway.orgl4941Code of-Ethics, as Councilmember Blain's conduct failed to maintain open & honest communication, mutual respect, or honor the public trust; and
WHEREAS, the subject member, Councilmember Tony Blain, was given an opportunity to be heard prior to a vote on the censure, which the Council provided during the City Council's February 4, 2025, regular open session meeting.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: That the above recitals are true and correct, and are incorporated herein by this reference, as if set forth fully herein;
SECTION 2: The City Council hereby finds that Councilmember Blain has violated PMC section 2.04.100 with the unlawful and abusive conduct described in the recitals above, the February 4, 2025 agenda report regarding the proposed censure, and Attachments A and B thereto.

SECTION 3: The City Council hereby finds that Councilmember Blain has violated the City's Code of Ethics with the unlawful and abusive conduct described in the recitals above, the February 4, 2025 agenda report regarding the proposed censure, and Attachments A and B thereto
SECTION 4. Councilmember Blain is hereby censured for these violations of PMC section

2.04.100 and the City's Code of Ethics.

SECTION 5. Councilmember Blain is directed to refrain from taking any adverse, punitive, or other retaliatory action against any person who participated or whom he perceives participated in this censure.

SECTION 6. This Resolution shall take effect immediately.

II
II
II
23 of24 February 4, 2025, Item #9
1024 of 2175
July 1, 2025, Item #3
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on this 4th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DI SQUALi Fl ED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, City Clerk
24 of 24 February 4, 2025, Item #9
1025 of 2175
July 1, 2025, Item #3

18 18

1026 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 4:42 PM
To: Jodene Dunphy <JDun
[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: FW: Jan. 21 meeting

EXTERNAL EMAIL
Jodene – I would like to re-engage and formally file a complaint. See attached. Just a few hours before seeing the below email, in the attached email I said I was worried he would retaliate against me for bad news, that is exactly what hes attempting to do, below. This is combined with the previous harassment and bullying.

From: Chris Hazeltine <[email protected]>
Sent: Wednesday, January 15, 2025 4:28:58 PM (UTC-08:00) Pacific Time (US & Canada) To: Alan Fenstermacher <[email protected]>
Subject: FW: Jan. 21 meeting

From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 3:48 PM
To: Patty Fletcher <[email protected]>; Chris Hazeltine <[email protected]> Subject: Jan. 21 meeting

Please add this PDF as my only Council presented item on Jan. 21.

Tony Blain
Councilmember
City of Poway
858-248-1509

1028 of 2175
July 1, 2025, Item #3

Schedule A (Continuation Sheet) SCHEDULE A {CONT )
Statement covers period

Monetary Contributions Received OR A460
fom orovenao OR U
theough Ce're2020 Page 29 of _
HAME OF FILER O. NUMBER
Vaus for Supervisor 2020 1416867
t Ss: DP ox CONT F AN NOKVOUAL. ENTER AMOUNT CUMULATIVE TO DATE PER LECTION renee La ocet, AND EMPLOYER RECEVED CALERNOAI YEAR TO DAT CaM a Ee, EG THIS PERCO WAN t. DEC 31 F REQUIRED) IND Owner
Jeffrey Essakow _} COM Protes Properties LLC 850 00 P-20 #1072020 _) OTH 0.00 0 00 $60.00 G20
pty .

La Jolla CA 92037 5 $cc
lv] IND CFO
Gregory L_Etter _} COM Atomic Inwesiments inc 850.00 P.20 17/2020 } OTH 850.00 850.00 ; 1 PTY 850.00 6-20 El Cajon CA 92020 } sec
Z) IND Homermabier
Modi Farkash _) COM NA P
J OTH £00.00 0.00) Oe owe
Rancho Sarta Fe CA 92067
+
John Farkesh
82272020 500.00 500.00] $20 90
Banco Sarta Fe CA 92067
Alan Ferstormachor _
100.00 360.00 = ° pe
Newport Beach CA 92661 CO) sec
a tustotas —— Nint.00
f}
O

1029 of 2175
July 1, 2025, Item #3

Page
NAME OF FLER 0. NUMBER
Vaus tee sangeer

Y NON IJAL. ENTER AMOUNT CUMAATIVE TO DATE PER CLECTION 4 AND EVPLOVER Receven ENOAR YEAR TOCATE
0, ENTER Manel THiS PER Dm). CEC 31 F REQUIRED:

PULL NAME, STREET ADCR — AND DP CODE OF CONTRIBUTOR | CON amaTTt. Riso 0 Meee

NI Anomey
Routan and Tucker David Cosgrove

100.00 100.00} 100.00 P.20
=) costa Mesa CA 02626 _) scc
- a Lo |Weo Cat Engineer
Schedule A (Continuation Sheet) Anmcvunes enay be ronsncied SCHEDULE A (CONT ) whole dollars.

Monetary Contributions Received Stotement covers parted ALIFORNIA ABQ) from cone2o20 OR U
through oenar2020 Page 1? __ of __%2
WAME OF FLER 0 NUMBER
Vaus for Supervisor 2020 1416087
CATE FULL NAME, STREET ADORESS AND ZP CODE OF CONTRIBUTOR | CONTRIBUTOR 9 AN BEIVCUM. ENTER AMCLINT ULATIVE TO DATE PER ELECTION RECEMED f COMMETTER. ALO ENTER LO NUMER ane © RECEIVED ALENOAR YEAR TO CATE o cooe THIS PERICO JAN ¢. DES 31. * REQU RED)
f} IND
Den Feidman L) COM 0.00 P-20 6202020 9 860.00 850.00] a60 09 6-20 San Diego CA 92121 Mm) see
Prosicere
Uri Feldman Svaroed Eaterptese 850.00 P.20 no 1.00 P.2 6726/2020 850.00 850.00] 955.09 6-20 Alan Fenstermac 200.00 P20 ; 200.00 P.2 6/15/2020 390006-20 ne os ter Management
Bret Feversien a Mira Vesa Snoppng Center
6/14/2020 360.00 30.00] 360.00 G-20
La Jolie CA 92037
} Momenaber
Diane Foversien NA
6142020 360.00 360.00] 360.00 G-20
La Jolla CA 92037
SUBTOTAL $ 2,650.00

1030 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 2:55 PM
To: Fenstermacher, Alan
Subject: Re: please call me
Nope
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 2:50:37 PM
To: Tony Blain <[email protected]>
Subject: RE: please call me

EXTERNAL EMAIL
Franky, I am more comfortable communicating via email given the potential serious implications of what has occurred. I want my advice to be on record if this matter ever gets to a criminal proceeding, and do not want to be accused of saying something I did not. On several occasions, you have threated to report me to the state bar on me for not giving the answer you wanted (or for no reason at all), emailed me demanding my resignation every other day for weeks in October and November (including twice on holidays, at night), etc., so I certainly do not know if I can trust you in this type of a situation. Based on this past behavior and what I have seen in the more recent emails, I am worried you will take adverse action against me if I do not do what you want with respect to these potential crimes, which again, appear to include both vote trading and threating adverse action against your colleagues if they do not vote as you wish them to.

Additionally, at this point I need to look after the interests of the City and protecting it from liability. You have not taken (or perhaps misunderstood) my advice on other issues, despite repeated advice on topics such as the Brown Act, and First Amendment issues relating to social media use. I would like all my advice to be clear and in writing. I will answer your questions in writing. Hopefully you can understand that.

Please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 2:25:56 PM
To: Tony Blain <[email protected]>
Subject: RE: please call me

EXTERNAL EMAIL
Councilmember Blain –

Sorry for the delay past 1:30. I saw you called again as well, but I am on the other line/in another zoom meeting.

However, I can handle questions in writing if you’d like during certain portions of this.

With respect to the below, I am not sure if you asking if your emails that were posted to the agenda report violated the Brown Act. In of themselves, unlikely, but if you emailed other Councilmembers about how you were voting on the Deputy Mayor or special election items, potentially yes. I think you may have done his, but I am not sure. Per my repeated, previous advice regarding the Brown Act and digital violations, you cannot send any communications (whether emails, texts, social media messages, etc.) to two different Council members where you inform them both how you plan to vote on any specific item, or otherwise discuss your vote.

However, I would be (and am) more concerned about the emails because of vote trading, which is a form of bribery that is a felony. I am not an expert in criminal law, but as a City Attorney I do know that vote trading is illegal, in fact, it’s a bullet on my slide deck that I presented to all candidates at the candidate forum. One of your email chains with Councilmember DeHoff appears to be soliciting vote trading. Take a look at Penal Code section 86:
https://codes.findlaw.com/ca/penal-code/pen-sect-86/. I would also be concerned about threatening adverse action against a fellow Councilmember if they failed to vote your way on a certain item coming before you, but I am not an expert. Take a look at Penal Codes sections 165 & 518, as well. FYI, I cannot advise you on any defense if any future criminal matter comes of this, and have to represent the City as the municipal corporation.

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.

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 1032 of 2175
July 1, 2025, Item #3
3 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: Wednesday, January 15, 2025 2:09 PM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Wednesday, January 15, 2025 11:41:52 AM
To: Fenstermacher, Alan <[email protected]>
Subject: Re: please call me

Brown Act?

Mayor Vaus parading my Pikus and DeHoff e mails

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Fenstermacher, Alan <[email protected]>
Sent: Wednesday, January 15, 2025 11:40:33 AM
To: Tony Blain <[email protected]>
Subject: Re: please call me

EXTERNAL EMAIL
I am in back to back meetings until at least 130 - what is the topic?

On Jan 15, 2025, at 11:36 AM, Tony Blain <[email protected]> wrote:

please call me

Tony Blain
Councilmember
City of Poway
858-248-1509
1033 of 2175
July 1, 2025, Item #3

19 19

19 19
1034 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Subject: Apology
Date: Wednesday, January 22, 2025 2:57:04 AM
I owe you both apology. I knows it’s not going to resolve everything, but I felt bad tonight hearing your points of view. I will try my best to listen and learn and simply keep quiet next few months ok.

Thank you for being actively involved — it is very much appreciated / please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall 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
1035 of 2175
July 1, 2025, Item #3
Please e-mail us all in 2 weeks for response if we do not respond sooner.

20 20

20 20
1037 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Friday, January 24, 2025 7:22 AM
To: Jodene Dunphy <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: HR

EXTERNAL EMAIL
The retaliation continues. I view this playing the victim game as another form of bullying and retaliation, which he has done before, I’ll send those others from about a week ago. I assume it’s not even possible to file a complaint against a subordinate, after they have filed their own against you Alan Fenstermacher
949 500 8247
Begin forwarded message:

From: Tony Blain <[email protected]>
Date: January 24, 2025 at 6:49:55 AM PST
To: Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" 1038 of 2175
July 1, 2025, Item #3
2 <[email protected]>, City Clerk <[email protected]>, Wendy Kaserman <[email protected]>, Patty Fletcher <[email protected]> Subject: HR

This is a formal request to have Poway HR present or on phone or CC:’d on all future communications and interactions. I feel bullied, threatened, and harassed by Hazeltine’s and Fenstermacher’s recent e mails and behavior and Fenstermacher’s public anger & profanity toward me at the last City Council meeting.

Please CC: this to HR as my formal HR complaint against both of them.

Please note that our email communications are subject to public disclosure

Thank you for reaching out. I will be reading this at my earliest opportunity.

Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).

Please note that City Councilmembers are not allowed to speak to any City staff on your behalf — we are only allowed to speak to the City Manager in the Poway Council- Manager form of city government.

Thank you for being actively involved — it is very much appreciated. Please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall.

Please also e-mail each Councilmember, City Manager, and City Attorney (always CC: me on these communications) so they can all research and respond appropriately. All of their e-mails can be found on Poway City Council web site below.

https://poway.org

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall).

General Service Request

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

1039 of 2175
July 1, 2025, Item #3
3 Water

https://poway.org/317/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

1040 of 2175
July 1, 2025, Item #3

21 21

1041 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine; Fenstermacher, Alan
Cc: Tony Blain
Subject: Re: Workman’s Comp
Date: Wednesday, February 12, 2025 3:55:40 PM

EXTERNAL EMAIL
I never heard that
Copy
Sent from Yahoo Mail for iPhone
On Wednesday, February 12, 2025, 3:50 PM, Chris Hazeltine <[email protected]> wrote:

Councilmember Blain –

I have been instructed by special legal counsel, pursuant to their and the City Council’s direction, I am not permitted to contact you, and the same is true for Alan.

I understand you have received the same instructions about contacting me and/or Alan. Thus, please contact Wendy Kaserman and/or Alisha Patterson for all matters, including this one. As you know, Jodene Dunphy is the City’s HR Director, and you can contact her directly as well, specifically regarding the Subject of this email’s stated purpose.

I wish you well managing your medical issue.

Thanks

-Chris

From: Tony Blain <[email protected]>
Sent: Wednesday, February 12, 2025 2:14 PM
To: Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Cc: Tony Blain <[email protected]>
Subject: Workman’s Comp

EXTERNAL EMAIL

Poway City Manager & Attorney,

Please tell me how to file Workman’s Comp and formal HR complaint for medical issue I am experiencing.
1042 of 2175
July 1, 2025, Item #3

Sending and CC:ing from my personal e mail as I at doctor’s office and no access to City e mail until later.

Thank you in advance for your caring and help with this sensitive issue. I do not give you permission to share this e mail or issue with anyone.

Thank you,
Dr. Blain

Sent from Yahoo Mail for iPhone
1043 of 2175
July 1, 2025, Item #3
From: Tony Blain
To: Chris Hazeltine
Cc: Troy DePriest
Subject: Re: Traffic issues
Date: Saturday, February 22, 2025 11:28:32 AM
Meet in person soon? And I will speak on these topic at end of meeting? Get Outlook for iOS
From: Tony Blain <[email protected]>
Sent: Tuesday, February 11, 2025 11:35:35 AM
To: Chris Hazeltine <[email protected]>
Cc: Troy DePriest <[email protected]>
Subject: Fw: Traffic issues

City Manager,
Please address this with following resident - thank you.

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
1044 of 2175
July 1, 2025, Item #3
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:

Sent: Tuesday, February 11, 2025 10:33 AM
To: Tony Blain <[email protected]>
Subject: Traffic issues
You don't often get email from Learn why this is important

EXTERNAL EMAIL
Hi Tony
I live in Green Valley and in the past Barry Leonard was able to help with calming the traffic in our neighborhood and preventing accidents due to speeders/carelessness. I’ve noticed some issues that you might be instrumental in getting the police to address:
1) Pomerado Road between I-15 and Rancho Bernardo Road-speed is averaging 20 miles over the speed limit with some drivers driving in excess of 80 mph. This is especially true between 7 PM and 7 AM. There is a general disregard for cyclists and it is very dangerous for cyclists and pedestrians when vehicles are flying by them between 60 and 80 miles an hour faster. 2) On Espola Road east of Pomerado Road twice last spring at the Espola/Valle Verde intersection we encountered drivers exceeding 90mph in the middle of the day. Many drivers are significantly exceeding the speed limit, again more common between 7 PM and 7 AM. 3) The intersection at Stone Canyon Road and Del Norte: people regularly blow through the stop sign if they think nobody’s watching. This will occur on just about any day between 8 PM and 7 AM.
1045 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Tuesday, March 11, 2025 2:35 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)-
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.

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.
1046 of 2175
July 1, 2025, Item #3
2 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.

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,

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.

1047 of 2175
July 1, 2025, Item #3
3 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 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 1048 of 2175
July 1, 2025, Item #3
4 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:

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

1049 of 2175
July 1, 2025, Item #3
5 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 “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

_____________________________________________________
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.

1050 of 2175
July 1, 2025, Item #3
You will be given redacted copy of my orders when | receive them.

Get Outlook for iOS
6 You will be given redacted copy of my orders when I receive them.

Get Outlook for iOS
1051 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 11, 2025 at 7:52:04 AM PDT
To: "Patterson, Alisha" <[email protected]>, Wendy Kaserman <[email protected]>, Jenny Maeda <JMaeda@po
way.org>
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).

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. 1052 of 2175
July 1, 2025, Item #3
2 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 <[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,

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

1053 of 2175
July 1, 2025, Item #3
3 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

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
1054 of 2175
July 1, 2025, Item #3
4 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

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 1055 of 2175
July 1, 2025, Item #3
5 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

<image001.png>

_____________________________________________________
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
1056 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:58 PM
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
1057 of 2175
July 1, 2025, Item #3
2 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 3:55 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

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 3 rd 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.

Tony Blain
Councilmember
City of Poway
858-248-1509

Complaints

General Service Request

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

Water

1058 of 2175
July 1, 2025, Item #3
3 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 <[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

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

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
1059 of 2175
July 1, 2025, Item #3
4 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.

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

1060 of 2175
July 1, 2025, Item #3
5 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.

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

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 1061 of 2175
July 1, 2025, Item #3
6 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: 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)-

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.

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 1063 of 2175
July 1, 2025, Item #3
8 Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

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

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.
1064 of 2175
July 1, 2025, Item #3
9 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

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.

1065 of 2175
July 1, 2025, Item #3
10 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

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.

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
1067 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Continued Correspondence
Mayor and all Council – please see aƩached for the further communicaƟons relaƟng to/in response to my earlier email. I am reaching the point where I may need to request that the City AƩorney’s oﬃce be relieved enƟrely from responding to Councilmember Blain, unless at a public hearing. I cannot conƟnue to subject any of my colleagues to this treatment. I note that CM Blain also conƟnues to threaten my contract and Chris’ employment, amidst a pending harassment invesƟgaƟon, in addiƟon to accusing me of dozens of diﬀerent things that are objecƟvely and easily proven false.

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

Even more confusingly, I was asked for another response one minute aŌer being told to cease all communicaƟons. I do not plan on responding further.
1068 of 2175
July 1, 2025, Item #3
Fenstermacher, Alan
e To © Tony Blain
Cc Chris Hazeltine; Wendy Kaserman; © Patterson, Alisha Please clarify, specifically what have | said that is a lie? You make wild accusations, but cannot point to one thing below lam certain that any absence from a meeting during deployment would be considered excused. No one ever told you i Alan B. Fenstermacher
18575 Jamboree Road, 9 Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
RUTAN

RUTAN & TUCKER, LLP

Privileged And Confidential Communication.

22 22

22 22
1070 of 2175
July 1, 2025, Item #3
3 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

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 5
th 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. 1071 of 2175
July 1, 2025, Item #3
4 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.

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.

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!

1072 of 2175
July 1, 2025, Item #3
5 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.

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. 1073 of 2175
July 1, 2025, Item #3
6 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

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 <[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
1074 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:58 PM
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
1075 of 2175
July 1, 2025, Item #3
2 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

There is no harassment — you are wrong.

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

Please be extremely specific in your reply.

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

1076 of 2175
July 1, 2025, Item #3
3 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

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

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
1077 of 2175
July 1, 2025, Item #3
4 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.

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

1078 of 2175
July 1, 2025, Item #3
5 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

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.

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

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 1079 of 2175
July 1, 2025, Item #3
6 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

EXTERNAL EMAIL
Tony, and all Council (BCC)-

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 1081 of 2175
July 1, 2025, Item #3
8 Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

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

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.
1082 of 2175
July 1, 2025, Item #3
9 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

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.

1083 of 2175
July 1, 2025, Item #3
10 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

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.

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
1085 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <AFenster
[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Continued Correspondence
Mayor and all Council – please see aƩached for the further communicaƟons relaƟng to/in response to my earlier email. I am reaching the point where I may need to request that the City AƩorney’s oﬃce be relieved enƟrely from responding to Councilmember Blain, unless at a public hearing. I cannot conƟnue to subject any of my colleagues to this treatment. I note that CM Blain also conƟnues to threaten my contract and Chris’ employment, amidst a pending harassment invesƟgaƟon, in addiƟon to accusing me of dozens of diﬀerent things that are objecƟvely and easily proven false.

Even more confusingly, I was asked for another response one minute aŌer being told to cease all communicaƟons. I do not plan on responding further.
1086 of 2175
July 1, 2025, Item #3
Fenstermacher, Alan
e To © Tony Blain
Cc Chris Hazeltine; Wendy Kaserman; © Patterson, Alisha Please clarify, specifically what have | said that is a lie? You make wild accusations, but cannot point to one thing below lam certain that any absence from a meeting during deployment would be considered excused. No one ever told you i Alan B. Fenstermacher
18575 Jamboree Road, 9 Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
RUTAN

RUTAN & TUCKER, LLP

Privileged And Confidential Communication.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act ( the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the strictly prohibited.
2 1087 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 11, 2025 at 5:37:39 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris H
azeltine <[email protected]>, Wendy Kaserman
<[email protected]>
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 <[email protected]>
Sent: Tuesday, March 11, 2025 4:58:34 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: Continued Correspondence

EXTERNAL EMAIL
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 1088 of 2175
July 1, 2025, Item #3
2 <[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.

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

1089 of 2175
July 1, 2025, Item #3
3 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> 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.

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.

1090 of 2175
July 1, 2025, Item #3

22 22

22 23
1091 of 2175
July 1, 2025, Item #3
1 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:30 PM
To: Jodene Dunphy
Subject: FW: Continued Correspondence
Attachments: Re: COL Blain Army orders; Re: COL Blain Army orders; Re: COL Blain Army orders; Re: COL Blain Army orders

EXTERNAL EMAIL
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 Communicatio
n.

From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>
Subject: Continued Correspondence
Mayor and all Council – please see aƩached for the further communicaƟons relaƟng to/in response to my earlier email. I am reaching the point where I may need to request that the City AƩorney’s oﬃce be relieved enƟrely from responding to Councilmember Blain, unless at a public hearing. I cannot conƟnue to subject any of my colleagues to this treatment. I note that CM Blain also conƟnues to threaten my contract and Chris’ employment, amidst a pending harassment invesƟgaƟon, in addiƟon to accusing me of dozens of diﬀerent things that are objecƟvely and easily proven false.

Even more confusingly, I was asked for another response one minute aŌer being told to cease all communicaƟons. I do not plan on responding further.
1092 of 2175
July 1, 2025, Item #3
Fenstermacher, Alan
e To © Tony Blain
Cc Chris Hazeltine; Wendy Kaserman; © Patterson, Alisha Please clarify, specifically what have | said that is a lie? You make wild accusations, but cannot point to one thing below lam certain that any absence from a meeting during deployment would be considered excused. No one ever told you i Alan B. Fenstermacher
18575 Jamboree Road, 9 Floor | Irvine, CA 92612
O. (714) 641-5100 | D. (714) 641-3452 | M. (949) 500-8247 (Mobile) [email protected] | www.rutan.com
RUTAN

RUTAN & TUCKER, LLP

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
1094 of 2175
July 1, 2025, Item #3
2 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 ridiculous political lies in the below e-mail is evidence of your complete lack of integrity and honesty.

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.

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

1095 of 2175
July 1, 2025, Item #3
3 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 Powa
y 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

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 5
th 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. 1096 of 2175
July 1, 2025, Item #3
4 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.

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.

Have a great day!

1097 of 2175
July 1, 2025, Item #3
5 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

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. 1098 of 2175
July 1, 2025, Item #3
6 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

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.

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

Get Outlook for iOS
1099 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
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.

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

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 3:39 PM
To: Tony Blain
Cc: Chris Hazeltine ; Wendy Kaserman ; Patterson, Alisha Subject: RE: COL Blain Army orders

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

_____________________________________________________
Privileged And Confidential Communication.

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.

Tony Blain
Councilmember
City of Poway
858-248-1509
1101 of 2175
July 1, 2025, Item #3
3 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: 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 persona lly 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.

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
1102 of 2175
July 1, 2025, Item #3
4 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.

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.
1103 of 2175
July 1, 2025, Item #3
5 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.

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.

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 1104 of 2175
July 1, 2025, Item #3
6 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

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: 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 1105 of 2175
July 1, 2025, Item #3
7 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

_____________________________________________________
Privileged And Confidential Communication.

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

Get Outlook for iOS
1106 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
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 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.

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
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 1107 of 2175
July 1, 2025, Item #3
2 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: 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

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.

Have a great day!

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 4:18 AM
1109 of 2175
July 1, 2025, Item #3
4 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

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:
1110 of 2175
July 1, 2025, Item #3
5 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

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.

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

Get Outlook for iOS
1111 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:58 PM
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
1112 of 2175
July 1, 2025, Item #3
2 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

There is no harassment — you are wrong.

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

Please be extremely specific in your reply.

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

1113 of 2175
July 1, 2025, Item #3
3 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

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

_____________________________________________________
Privileged And Confidential Communication.

From: Tony Blain <[email protected]>
Sent: Tuesday, March 11, 2025 3:34 PM
To: Fenstermacher, Alan <[email protected]>
1114 of 2175
July 1, 2025, Item #3
4 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.

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

1115 of 2175
July 1, 2025, Item #3
5 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

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.

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

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 1116 of 2175
July 1, 2025, Item #3
6 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

EXTERNAL EMAIL
Tony, and all Council (BCC)-

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 1118 of 2175
July 1, 2025, Item #3
8 Maeda <[email protected]>
Subject: Re: COL Blain Army orders

Good morning,

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

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.
1119 of 2175
July 1, 2025, Item #3
9 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

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.

1120 of 2175
July 1, 2025, Item #3
10 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

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.

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
1122 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: March 11, 2025 at 5:37:39 PM PDT
To: "Fenstermacher, Alan" <[email protected]>
Cc: Chris H
azeltine <[email protected]>, Wendy Kaserman
<[email protected]>
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 <[email protected]>
Sent: Tuesday, March 11, 2025 4:58:34 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]> Subject: Fwd: Continued Correspondence

EXTERNAL EMAIL
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 1123 of 2175
July 1, 2025, Item #3
2 <[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.

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

1124 of 2175
July 1, 2025, Item #3
3 From: Fenstermacher, Alan <[email protected]>
Sent: Tuesday, March 11, 2025 4:28 PM
To: Fenstermacher, Alan <[email protected]>
Cc: Chris Hazeltine <[email protected]>; Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]> Subject: Continued Correspondence

1125 of 2175
July 1, 2025, Item #3

23 23

23 24
1126 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 5:28 PM
To: Wendy Kaserman <[email protected]>; Patterson, Alisha <[email protected]>; Fenstermacher, Alan <[email protected]>; Chris Hazeltine <[email protected]> Cc: Councilmembers <[email protected]>
Subject: Tony Blain for Recall of Mayor Steve Vaus Errors on 410 Please see e-mail string below showing that Poway City Clerk made an error in gi ving me advice on the
Tony Blain for Recall of Mayor Steve Vaus Errors on 410. She incorrectly told me that I must file it as a "General Purpose" committee. This is an error. As you all know, an elected official can only file a committee Form 410 as a "Controlled Primarily Formed Committee." If I followed her advice, I would have been subjected to possible disciplinary action by both the FPPC and SOS.

I will leave what to do with the above erroneous and wrong advice being given to Councilmembers and Poway residents to you.

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

Tony Blain
1127 of 2175
July 1, 2025, Item #3
2 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

From: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 5:23 PM
To: Tony Blain <[email protected]>
Subject: Fw: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

EXTERNAL EMAIL

----- Forwarded Message -----
From: Form 410 <[email protected]>
To: Carrie Gallagher <[email protected]>
Cc: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 at 03:31:01 PM PDT
Subject: RE: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

Hello Carrie,

1128 of 2175
July 1, 2025, Item #3
3 Thank you for assisting Mr. Blain with the filing of his initial form 410. Mr. Blain has reached out to our office, and we have assisted him with the errors noted within his document. He has communicated that he will resubmit his initial F410 with our office for review pending his amendment to the filing.

Our office can confirm that under certain circumstances the committee is able to report as two committee types. It is not a common occurrence for a committee to have two committee types, but it may occur in some cases. In this instance, Mr. Blain is acting as the controlling office holder supporting a ballot measure. A candidate may not support or oppose another candidate seeking office. However, a recall is considered a ballot measure. To our knowledge Mr. Blain can form a controlled committee to support or oppose a recall measure.

Thank you for communicating this with our office and verifying the information about the committee types. If you have any questions, please feel free to respond to this email or reach out to our office.

Sincerely,

Form 410 Review Team
Political Reform Division
California Secretary of State
Phone: (916) 653-6224
Email:[email protected]
JM

From: Carrie Gallagher <[email protected]>
Sent: Thursday, April 3, 2025 2:48 PM
To: Form 410 <[email protected]>
Cc: Tony Blain <[email protected]>
Subject: RE: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

Hello SOS,

Caution: External Email Warning: This is an email from an external sender. Do not click any links or attachments unless you have confirmed the sender. Report phishing by using the phishing alert button.
1129 of 2175
July 1, 2025, Item #3
4 The City Clerk is not the official filing officer of the Form 410 and therefore cannot, nor is not “rejecting” this filing. My email notification to Mr. Blain simply points out a list of 3 errors found to have been made on Mr.

Tony Blain’s “Initial Form 410” filing for his new “Tony Blain for Recall of Mayor Steve Vaus’ and I am requesting amendments in order for the filing to be compliant.

As currently submitted to the City Clerk’s office, (see attached) Mr. Blain has listed this committee as 2 different committee types within the Section 4 Type of Committee. “Controlled” Committee” & “General Purpose Committee”

SOS please confirm or deny if this committee can have 2 different committee types, as Mr. Blain believes he can call this a “Controlled Committee” in addition to a 2nd committee type.

Additionally, I have noted the lack of a signature & date stamp of a named Controlling Officer in Section 3 Verification.

I have advised that Mr. Blain use the attached “Additional Comments For Form 410” when he amends this and all future amendments.

Respectfully,

Carrie Gallagher, CMC
City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

City Hall is closed alternating Fridays. Please see City Calendar for closure dates including City of Poway holidays. *Please be aware that communications to & from this email address are subject to public disclosure & may be reviewed by third parties.*

From: Tony Blain <[email protected]>
Sent: Thursday, April 3, 2025 12:06 PM
To: [email protected]
Cc: City Clerk <[email protected]>; Carrie Gallagher <[email protected]> Subject: Fw: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

EXTERNAL EMAIL
SOS Form 410 team,

First, please note I am an elected Councilmember of the City of Poway. My understanding is that any committee I form is required to be a "Controlled Committee" and my name must be in the name of the committee. Is that correct?

1) Please call my cell 858-248-1509. I have questions about the attached Form 410 I filed with Poway City Clerk and her rejections. Poway City Clerk rejections are completely the opposite instructions as the SOS rejections. Which are correct?

1130 of 2175
July 1, 2025, Item #3
5 2) Please resend me your e-mail stating SOS rejections I just obtained by calling SOS Political Reform Division (these SOS rejections are opposite of Poway City Clerk rejections below):

1. Page 2: provide office sought in Controlled Committee Section

2. Page 2: provide year of election in Controlled Committee section

3. Page 2: provide measure title

4. Page 2: indicate Support or Oppose

5. Page 2: provide office sought

6. Page 3: remove info in General Purpose section

Thank you,

Tony Blain
Councilmember
City of Poway
858-248-1509

----- Forwarded Message -----
From: Carrie Gallagher <[email protected]>
To: Tony Blain <[email protected]>
Sent: Wednesday, April 2, 2025 at 05:50:22 PM PDT
Subject: Tony Blain for Recall of Mayor Steve Vaus Errors on 410

Mr. Blain,

Per our earlier conversation, regarding the attached Initial 410 I have located multiple errors that need correcting which will require an Amendment to be filed with the SOS. Errors are listed here: and will need to be submitted with the attached 410 “Additional Comment” form.

• 1
st page, you failed to sign and date Section 3 Verification to include yourself as the Controlling Officeholder. You have included your own name in the Name of Committee so that names you as the Controlling officer of this committee.

• 2 nd page, you marked Section 4 Type of Committee incorrectly. This does not qualify as a Controlled Committee. You need to amend to change to the correct Committee Type and check the appropriate box whether you “support” or “oppose”.

• 3 rd page, you marked Section 4 Type of Committee again incorrectly by including your committee type as a General Purpose Committee.

Each Committee can only be ONE type. Please make the correct determination and stick to that type on each and every subsequent filing.

If you decide to add a Treasure or Principal Officer to this committee, you MUST file an Amendment and again submit the Amendment with the attached 410 “Additional Comment” form.

We will be adding your committee into NetFile tomorrow. Please look for the welcome email and create an account. Then each and every new filing including amendments MUST be filed through NetFile per the City Municipal Code.

Respectfully,

Carrie Gallagher, CMC
1131 of 2175
July 1, 2025, Item #3
6 City Clerk
13325 Civic Center Drive
Poway, CA 92064
(858) 668-4535
[email protected]

1132 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: April 14, 2025 at 4:14:24 PM CDT
To: John Couvrette <[email protected]>, Anita Edmondson <[email protected]>, John Mullin <johnmullin.poway@ya hoo.com>
Cc: Councilmembers <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]> Subject: Re: Idiot
You guys make me laugh with all off your new Anti-Tony laws — makes me feel REALLY important
You must be truly incredibly scared ::))
I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

From: Tony Blain <[email protected]>
Sent: Monday, April 14, 2025 4:40:41 PM
To: John Couvrette <[email protected]>; Anita Edmondson <[email protected]>; John Mullin <[email protected]> Cc: Councilmembers <[email protected]>; Wendy Kaserman <[email protected]>; [email protected] <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Idiot

Minority social media clique,
Vaus and DeHoff are idiots for forcing me to listen to your illogical political lies at Public Comment with a new City ordnance and change of Poway Municipal Code. You should all 1133 of 2175
July 1, 2025, Item #3
2 be terribly embarrassed, but of course in your twisted logic you somehow think such a law is justified. I’m sure and unethical and extremely Vaus appointed Poway City Attorney Alan Fenstermacher masterminded your silly game just like he masterminds how to allow Councilmembers who no longer live in Poway to attend and vote at Council meetings. We will reverse all this crazy Chicago-style dirty politics the second I get elected Mayor NOV 2026. Enjoy your dirty politics while it lasts.

We will immediately delete this law the second we have 3 votes on Council in DEC 2026.

Anita, are you running for D2? Maybe you can actually get elected this time instead of a developer-endorsed Vaus & DeHoff & Pepin & Frank highly biased political appointment.

I will be responding 100% of the time to 100% of Public Comments next 10 years - listen and have fun.

(PLEEEZZZZ one of you clowns read this e-mail at Public Comment for TRANSPARENCY)

I’m too late for 72 hour City Clerk to include my e mail as an agenda item. 100% of my e- mails to you three clowns will be included in the future Agenda packets for transparency.

I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.
1134 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: April 15, 2025 at 8:44:20 AM CDT
To: John Couvrette <[email protected]>, Anita Edmondson <[email protected]>, John Mullin <johnmullin.poway@ya hoo.com>
Cc: Councilmembers <[email protected]>, Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, Chris Hazeltine <[email protected]>, "Fenstermacher, Alan" <[email protected]> Subject: Re: Idiot
18 month Vaus Special Elections ordnance & change to Municipal Code at tonight’s Council meeting is designed to hold Special Election if I’m recalled but APPOINTMENT if DeHoff is recalled - it should be 12 and not 18 months / it’s just a political ploy for corrupt Poway City Attorney Fenstermacher and City Manager Hazeltine to help corrupt Poway Mayor Vaus / DeHoff / Pikus to maintain their political control of Council and Poway You are all DISHONEST and CORRUPT
City Clerk: please post this e mail on next Council meeting Agenda (Couvrette/Mullin/Edmonddon “Three Corrupt Musketeers” PLEEEEEEZZZZZ read this re- mail at tonight’s Council meeting)
I’m going to using “Three Corrupt Musketeers” when I knock on 12,000 doors to ALL 48,000 Poway residents in February AND on 12,000 door hangers — I’m going to make you famous for your dishonesty and political lies
1135 of 2175
July 1, 2025, Item #3
2 I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.

From: Tony Blain <[email protected]>
Sent: Monday, April 14, 2025 5:14:09 PM
To: John Couvrette <[email protected]>; Anita Edmondson <[email protected]>; John Mullin <[email protected]> Cc: Councilmembers <[email protected]>; Wendy Kaserman <[email protected]>; [email protected] <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>
Subject: Re: Idiot

You guys make me laugh with all off your new Anti-Tony laws — makes me feel REALLY important

You must be truly incredibly scared ::))

Minority social media clique,

Vaus and DeHoff are idiots for forcing me to listen to your illogical political lies at Public Comment with a new City ordnance and change of Poway Municipal Code. You should all be terribly embarrassed, but of course in your twisted logic you somehow think such a law is justified. I’m sure and unethical and extremely Vaus appointed Poway City Attorney Alan Fenstermacher masterminded your silly game just like he masterminds how to allow Councilmembers who no longer live in Poway to attend and vote at Council meetings. We will reverse all this crazy Chicago-style dirty politics the second I get elected Mayor NOV 2026. Enjoy your dirty politics while it lasts.

We will immediately delete this law the second we have 3 votes on Council in DEC 2026.

Anita, are you running for D2? Maybe you can actually get elected this time instead of a developer-endorsed Vaus & DeHoff & Pepin & Frank highly biased political appointment.

I will be responding 100% of the time to 100% of Public Comments next 10 years - listen and have fun.
1136 of 2175
July 1, 2025, Item #3
3 (PLEEEZZZZ one of you clowns read this e-mail at Public Comment for TRANSPARENCY)

I’m too late for 72 hour City Clerk to include my e mail as an agenda item. 100% of my e- mails to you three clowns will be included in the future Agenda packets for transparency.

I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.
1137 of 2175
July 1, 2025, Item #3
2 From: Tony Blain <[email protected]>
Sent: Wednesday, April 16, 2025 12:26 AM
To: Wendy Kaserman <[email protected]>; [email protected] Subject: COL Blain Army deployment
I will not be attending any Council meetings 16AUG - 16NOV while deployed I am not allowed to participate in any political activities w hile on active duty
See attached orders
I am formally asking for EXCUSED ABSENCES
I am inviting you to meet in person to express your concerns. One way Council Public Comment or Dais diatribes where Vaus prohibits two way discussion is not ideal to share our mutual thoughts and ideas to improve Poway.
1138 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Sent: Thursday, April 24, 2025 12:47 PM
To: John Couvrette <[email protected]>; John Mullin <[email protected]>; Anita Edmondson <[email protected]>; Chris Hazeltine <[email protected]>; Fenstermacher, Alan <[email protected]>; Steve Vaus <[email protected]>; Jenny Maeda <[email protected]>; Peter De Hoff <[email protected]>
Subject: Hi
Three Corrupt Horsemen,
FYI I just got Army Commendation and promotion despite your political lies When are you knuckleheads going to realize nobody listens to political lies? Tony
Sent from Yahoo Mail for iPhone
1139 of 2175
July 1, 2025, Item #3
1 From: Tony Blain <[email protected]>
Date: April 25, 2025 at 12:39:23 PM PDT
To: Wendy Kaserman <[email protected]>, "Patterson, Alisha" <[email protected]>, John Couvrette <[email protected]>, Councilmembers <[email protected]>, "Fenstermacher, Alan" <[email protected]>, Chris Hazeltine <[email protected]>, John Mullin <[email protected]
m>, "anita edmofamily.com" <[email protected]>,
[email protected], "John M. DeSantis" <[email protected]> Subject: Political Lies
I just received confirmation from SD DA I am NOT and never was under any investigation.

STOP WITH YOUR POLITICAL LIES!!!!! 48,000 Poway residents know you are lying and they are tired of it.

How do you all sleep at night?????
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 1140 of 2175
July 1, 2025, Item #3
2 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

1141 of 2175
July 1, 2025, Item #3

24 24

24 25
1142 of 2175
July 1, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
April 15, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]

CITY COUNCIL
Ordinance to Amend Poway Municipal Code Regarding Conduct During Physical Attendance at City Council Meetings
At the April 1, 2025 Regular City Council meeting, Deputy Mayor De Hoff initiated an item seeking City Council concurrence to bring back for discussion an item instituting rules regarding conduct by City Councilmembers when physically present at a meeting. The City Council provided concurrence 3-0, and as a result, the attached draft Ordinance (Attachment A) is being presented to the City Council for consideration.

If approved, the Ordinance would amend the Poway Municipal Code (PMC) to require any member of the City Council physically present at a City Council meeting to request a recess to leave the dais during any portion of an ongoing City Council meeting. Any request for a recess shall be granted, unless the quantity or duration of the requested recess(es) would materially disrupt the meeting. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission.

If approved, this Ordinance will also amend the PMC to provide that a City Councilmember physically present at a City Council meeting who physically leaves the dais during any part of an item without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais.

Recommended Action:

It is recommended the City Council introduce the attached Ordinance (Attachment A) for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the May 6, 2025 regular City Council meeting.
1 of 4
1143 of 2175
July 1, 2025, Item #3
Discussion: As
mentioned
above,
the
Ordinance
will
amend
the
PMC
to
require
any
member
of
the
City
Council
physically
present
at
a
City
Council
meeting
to
request
a
recess
to
leave
the
dais,
and
if
any
member
of
the
City
Council
leaves
the
dais
when
the
meeting
is
not
in
recess,
they
shall
be
considered
absent
from
the
meeting
without
permission.

A
request
for
a
recess
shall
only
be
denied
if
the
request
is
unreasonable
because
the
quantity
or
duration
of
the
requested
recess(es)
will
materially
disrupt
the
meeting.

The
City
Council
may,
by
majority
vote
of
members
present,
override
the
determination
of
the
Mayor
(or
the
member
of
the
City
Council
chairing
the
meeting
in
the
Mayor's
absence),
whether
a
recess
is
reasonable.

A
request
for
a
recess
shall
always
be
granted
if
it
is
needed
due
to
a
medical
or
disability-related
issue.

Additionally,
these
rules
do
not
apply
when
a member
of
the
City
Council
recuses
him
or
herself
from
an
item
as
a
result
of
a
perceived
or
actual
conflict
of
interest,
or
any
other
legally
required
recusal. The
Ordinance
will
also
amend
the
PMC
to
provide
that
a
City
Councilmember
physically
present
at
a
City
Council
meeting
who
physically
leaves
the
dais
during
any
part
of
an
item
without
a
recess
shall
not
be
permitted
to
participate
in,
make
comments
on,
or
vote
on
that
item
or
any
subsequent
items
introduced
while
they
are
absent
from
the
dais.

The
purpose
of
this
amendment
is
to
ensure
all
members
of
the
public
that
take
the
time
to
come
to
a
City
Council
meeting
arid
participate
in
public
are
treated
with
respect,
thpt
City
Council
colleagues
treat
each
other
with
respect,
and
that
all
viewpoints
are
considered
prior
to
speaking
or
acting
on
an
item.

Environmental
Review:

None. Fiscal
Impact:

None. Public
Notification:

None. Attachments: A.

Ordinance
Reviewed/Approved
By:

Assistant
City
Manager
2 of4
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Chris
Hazeltine
City
Manager
1144 of 2175
July 1, 2025, Item #3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 2.18 (MEETINGS)

OF THE POWAY MUNICIPAL CODE RE PHYSICAL

ATTENDANCE AT CITY COUNCIL MEETINGS
WHEREAS, the City Council of the City of Poway wishes to adopt rules regarding Councilmember conduct during City Council meetings, and the threshold for being considered present.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: Chapter 2.18 (Meetings) of the PMC is hereby amended to add new Sections 2.18.190 and 2.18.200, as follows

2.18.190 Attendance Generally
Any member of the City Council physically present at a City Council meeting must request a recess to leave the dais during any portion of the City Council meeting. The request for a recess shall be granted, unless, in the discretion of the Mayor (or the member of the City Council chairing the meeting in the Mayor’s absence), the request for a recess is unreasonable. A request for a recess may be unreasonable only if the quantity or duration of the requested recess(es) will materially disrupt the meeting. Notwithstanding the foregoing, a request for a recess shall not be unreasonable if it is needed due to a medical or disability-related emergency. The City Council may, by majority vote of members present, override the determination of whether a recess is reasonable. Leaving the dais during an ongoing City Council meeting not in recess shall be considered an absence from the meeting without permission.

This Section 2.18.190 shall not apply when members of the City Council recuse themselves from discussion of or participation in any agendized item due to a perceived or actual conflict of interest, or any other legally required recusal.

2.18.200 Attendance During Each Agendized Item
Any member of the City Council physically present at a City Council meeting who physically leaves the dais during any part of an item (including public comment) without a recess shall not be permitted to participate in, make comments on, or vote on that item or any subsequent items introduced while they are absent from the dais.

SECTION 3: The City Council finds that this Ordinance is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
1145 of 2175
July 1, 2025, Item #3
SECTION 4: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 5: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of April, 2025, and thereafter.

PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of
May, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:
________________________________
Steve Vaus, Mayor
ATTEST:
_____________________________
Carrie Gallagher, CMC, City Clerk
1146 of 2175
July 1, 2025, Item #3

25 25

25 26
1147 of 2175
July 1, 2025, Item #3
MICHAEL G. COLANTUONO , State Bar No. 143551
[email protected]
AJIT S. THIND , State Bar No. 268018
[email protected]
SERGIO C. ORDAZ , State Bar No. 334520
[email protected]

COLANTUONO, HIGHSMITH & WHATLEY, PC
790 E. Colorado Boulevard, Suite 850
Pasadena, California 91101-2109
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
Attorney
s for Petitioner and Plaintiff City of
Poway

SUPERIOR

COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO

CITY OF POWAY ,
Plaintiffs and Petitioners,
v.

COUNCILMEMBER ARTHUR (TONY)
BLAIN, in his individual and official capacity,
Respondent and Defendant.

Case No.

PETITION FOR WRIT OF MANDATE
AND COMPLAINT FOR:

1. VIOLATIONS OF THE CALIFORNIA
PUBLIC RECORDS ACT;

2. VIOLATIONS OF GOVERNMENT
CODE § 34090;

3. VIOLATIONS OF GOVERNMENT
CODE § 6200;

4. DECLARATORY RELIEF; AND

5. INJUNCTIVE RELIEF
Plaintiff
City of Poway (“City” or “Plaintiff”) alleges as follows:

INTRODUCTION

1. Respondent and Defendant City Councilmember Arthur (Tony) Blain (“Councilmember Blain”) has refused, and continues to refuse, to comply with his obligations under the California Public Records Act (“CPRA”) and California document preservation laws by (1) refusing to produce requested public records from private accounts, apps and devices, and (2) per his own admission, deleting public records from those accounts, apps and devices. Recipients of communications from Councilmember Blain’s communications have repeatedly produced those [Exempt From Filing Fee
Government Code § 6103]
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communications while at the same time and in response to the same Public Records Act request, Councilmember Blain asserts he has no responsive communications. Despite repeated warnings and attempts to have Councilmember Blain comply, the City now brings this action in an attempt to have the Court protect the rights of the public and the City.

2. Councilmember Blain’s actions not only violate California law aimed at ensuring transparency from elected public officials, but they also potentially expose the City to significant liability under the CPRA.

3. Over the past several months, the City has received a number of CPRA requests for public records, many of which specifically request Councilmember Blain’s communications on both the City email system and his own private email accounts, text messages, social media, and messenger apps on which he concededly does public business. Pursuant to the California Supreme Court’s decision in City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (“City of San Jose”), the requested messages are subject to public disclosure if they relate to the City’s business, regardless of whether they are sent by or received in public or private accounts. If Councilmember Blain wishes to keep his non-City accounts private, he must not do City business on those accounts, a point he knows well from repeated written instructions from the City Attorney’s office and mandatory training under Government Code, section 53235 [AB 1234],

4. Instead of cooperating with the City’s efforts to comply with its and his shared statutory duty to produce these records under the CPRA, Councilmember Blain has deleted emails and text messages relating to the City’s business, asked others to delete his text messages to them, and refused to sign an affidavit affirming that he provided all responsive public records, which is the City’s practice for documenting compliance with the CPRA. All other Councilmembers have signed affidavits affirming their compliance or that they do no City business on private email and other electronic communications accounts. Councilmember Blain’s responses to the City Clerk when attempting to ensure he and the City have complied with state law, have been inconsistent, combative, and generally uncooperative and recalcitrant.

5. The City is further informed and believes and alleges thereon that Councilmember Blain has conducted City business over end-to-end encrypted messaging applications with 1149 of 2175
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automatic delete features, specifically including SignalTM, and has encouraged others to delete his text messages to them and use Signal instead. The Signal messaging application is known to be used by criminals and other bad actors hoping to hide their conduct. (See, https://medium.com/@davidsehyeonbaek/why-criminals-love-signal-and-telegram-5f2d2c5611b9 [last viewed Apr. 16, 2025].)

6. The City also possesses evidence that, after Councilmember Blain repeatedly informed the City Clerk that he did not use private email for City business and has no public records in any private email account or messaging application (but refused to sign an affidavit attesting to the truth of those statements), he continued using two private email addresses for City business, one that by its name alone shows its intent to use the account to discuss the City’s business in his capacity as a City Councilmember – [email protected].

7. Because Councilmember Blain’s failure and refusal to produce responsive public records could expose the City to liability, and because the City is committed to ensuring that its elected officials comply with their obligations under state law with regard to transparency of public records, the City brings this action to compel Councilmember Blain to comply with his unambiguous statutory mandates to comply with both the CPRA and the state law prohibition against deleting any public records for a period of at least two years.

THE PARTIES

8. Petitioner and Plaintiff City of Poway is a general law city, municipal corporation and local government entity organized and existing under state law and located in the County of San Diego in the State of California

9. Respondent and Defendant Arthur (Tony) Blain is, and at all relevant times was, an elected member of the Poway City Council, the City’s governing body, and thus serves as an officer of the City bearing obligations under the CPRA and other law as such. He is named in his individual and official capacity.

JURISDICTION AND VENUE

10. This Court has jurisdiction over this action pursuant to Code of Civil Procedure sections 187 and 1085, as well as Government Code section 7923.000. 1150 of 2175
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11. Venue is proper in this Court as the violations of law alleged herein occurred and continue in San Diego County.

GENERAL ALLEGATIONS

12. Councilmember Blain was elected to the Poway City Council in November of 2024, and sworn into office on December 17, 2024.

13. Pursuant to Government Code section 53235 [AB 1234], councilmembers must take an ethics training (which consists of at least two hours) once every two years. Councilmember Blain completed this training this past February.

14. Throughout December 2024 and January 2025, Councilmember Blain was advised and reminded numerous times by City staff that all public records, including text messages or messages contained in any private email account that conduct City business, must be preserved for two years and are subject to disclosure under the CPRA, pursuant to Government Code sections 34090 and 7920.000, et seq.

15. The City also adopted an Electronics Communications Policy in February 2019. In summary, it generally requires that electronic records be retained for two years and strongly discourages the use of personal devices and/or accounts for City-related business. A true and correct copy of the Electronics Communications Policy is attached as Exhibit “A” to this Verified Petition and Complaint.

16. On January 14, 2025, the City received a CPRA request (which it designated as PRR 2025-014) for “[a]ll written communications between Tony Blain and [Poway City Councilmember] Jenny Maeda from November 5, 2024 to January 16, 2025, whether from their city or personal email accounts, and including all text communications.”

17. On January 22, 2025, the City received a CPRA request (designated as PRR 2025- 017) for “[a]ll text messages, emails on personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in anyway relating to City of Poway business from November 5, 2024 until the present. I do not need records from Councilmember Blain's official City email account.”
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18. On January 23, 2025, the City received a further CPRA request (designated as PRR 2025-020) for “[a]ll text and other electronic communications sent or received by Blain between December 17, 2024 and January 23, 2025 in which city matters are discussed. This should include messages via any app including but not limited to Facebook Messenger, Telegram, WhatsApp, Signal, Snapchat.”

19. On February 2, 2025, the City received another CPRA request (designated as PRR 2025-061) for “[a]ll text messages, messages on any messenger application (Telegram, Signal, WhatsApp, etc.), emails on any and all personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in any way relating to the City of Poway from January 13, 2025 through February 3, 2025.”

20. On February 10, 2025, the City received still another CPRA request (designated as PRR 2025-072) for “[a]ll email, text and any other electronic communications between Tony Blain and Jenny Maeda from January 17, 2025 through February 10, 2025. This should include emails from city accounts and or personal accounts; messages via any app including, but not limited to, Facebook Messenger, Telegram, WhatsApp, Signal, Snapchat, WeChat.”

21. In response to the foregoing five CPRA requests, the City Clerk sent Councilmember Blain a series of emails requesting that he search his accounts and devices for, and compile records responsive to, these requests.

22. On January 22, 2025, the City Clerk requested that Councilmember Blain “search [his] private email accounts, text messages, social media direct messages or any other form of electronic communication for any communications ‘between Tony Blain and Jenny Maeda from November 5, 2024 to January 16, 2025’ that’s related to City business.” In response to this request, Councilmember Blain responded that “I deleted everything last week.” After apparent further review, Councilmember Blain located two responsive Facebook messages and provided those to the City Clerk. After producing the two Facebook messages, Councilmember Blain informed the City Clerk that he “deleted all [his] personal e mails 2 weeks ago.” Later that day, Councilmember Blain informed the City Clerk that he did not have any additional 1152 of 2175
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communications related to City business and that “[a]ll texts were deleted weeks ago.”

23. Councilmember Blain’s admitted deletions of public records, if true, violate Government Code section 34090.

24. Responsive text messages between Councilmember Blain and Jenny Maeda existed. Councilmember Maeda produced those text messages in response to the various foregoing CPRA requests. Councilmember Blain did not, stating he had none. However, Councilmember Blain refused to sign an affidavit affirming the truth of that statement. Councilmember Maeda’s production of text messages prove that Councilmember Blain’s statement was not true.

25. Additionally, despite Councilmember Blain’s assertions that “[a]ll texts were deleted weeks ago,” Councilmember Blain routinely asked constituents and reporters to text him regarding City business.

26. By way of example, on January 15, 2025, a constituent emailed Councilmember Blain regarding fire protection concerns. Both Councilmember Blain and the constituent agreed to text the other regarding setting up a time to meet and view the constituent’s property.

27. On January 16, 2025, another constituent contacted Councilmember Blain via email also regarding fire safety concerns. Councilmember Blain responded, with “let’s meet next month [on] my porch to discuss further – text me in a month please.”

28. On January 17, 2025, a reporter from CBS News 8 contacted Councilmember Blain regarding his efforts to recall Poway Councilmember Peter De Hoff. In response, Councilmember Blain responded “[t]ext me.”

29. On the same day, Councilmember Blain responded to another constituent, “[t]ext me below — let’s arrange phone call over the weekend.”

30. The City is informed and believes and alleges thereon that Councilmember Blain continues to use text messages to discuss City business and has done so as recently as March 4, 2025, when providing comment to the media regarding events at the March 4, 2025 Council meeting.

31. If Councilmember Blain deleted his text messages “weeks” before January 22, 2025, that is a violation of the state’s record retention laws. However, these interactions 1153 of 2175
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demonstrate that Councilmember Blain regularly used text messages to conduct City business between January 14, 2025 and January 22, 2025. Thus, Councilmember Blain’s statement that he deleted text messages “weeks” before January 22, 2025 cannot be true.

32. Notably, Councilmember Blain’s practice of asking individuals to text him regarding City business began right after January 14, 2025 — the day a City agenda report attaching Councilmember Blain’s City emails to Councilmember De Hoff was publicly released.

In those emails, Councilmember Blain attempted to trade votes at the January 21, 2025 Council meeting as to a potential appointment to a vacant City Council seat . Those emails have resulted in controversy regarding Councilmember Blain’s conduct, including a 4-0 vote by the City Council to censure him – a formal expression of the Council’s unfavorable opinion of his conduct.

33. After controversy arising from his vote-trading emails, Councilmember Blain began to use text messages instead of email to discuss City business. The City is informed and believes and alleges thereon that Councilmember Blain did this intentionally to attempt to shield these communications from disclosure, despite being advised several times that all communications relating to City business are public records, regardless of account or medium. As detailed below, around the same time, Councilmember Blain started making a series of changes to the signature block of his City email advising recipients he would no longer use his City email account to discuss City business and started using a new Gmail account.

34. On January 23, 2025, the City Clerk requested that Councilmember Blain search for and produce “[a]ll text and other electronic communications sent or received by Blain between December 17, 2024 and January 23, 2025 in which city matters are discussed. This should include messages via any app including but not limited to Facebook Messenger, Telegram, WhatsApp, Signal, Snapchat” in order to response to the CPRA request designated as PRR 2025-020. The City Clerk included an affidavit for Councilmember Blain to sign attesting that he completed the search and had provided all requested public records. Councilmember Blain responded, “I do not use my private e mail or devices or social media for ‘City Business’” but refused to sign an affidavit attesting to the same.

35. In that same conversation with the City Clerk on January 23, 2025, in response to 1154 of 2175
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the City Clerk’s follow up questions, Councilmember Blain stated, “I decline to answer or respond to any more of your e mails ever. I will only respond if legally required.”

36. Councilmember Blain’s assertion that he does not use his personal devices for City business is directly contradicted by the text messages Councilmember Maeda produced. Those messages reveal that between January 18, 2025 and January 24, 2025, Councilmember Blain regularly communicated with Councilmember Maeda regarding City business. During this period, Councilmember Blain sent at least 24 text messages to Councilmember Maeda on topics including Councilmember Blain’s efforts to recall the Mayor, “exciting stuff happening in Poway,” votes related to Councilmember Blain’s censure, fires around the City, and his desire to have certain City staff members resign or be removed.

37. In response to PRR 2025-061, on February 5, 2025, the City Clerk requested that Councilmember Blain search for and produce “[a]ll text messages, messages on any messenger application (Telegram, Signal, WhatsApp, etc.), emails on any and all personal/private email accounts, social media direct messages, voicemails, and any other communications, regardless of the type of device or account, sent or received by Councilmember Blain in any way relating to the City of Poway from January 13, 2025 through February 3, 2025.” The City Clerk included an affidavit for Councilmember Blain to sign attesting that he completed the search and had provided all requested public records.

38. In response to the City Clerk’s February 5
th request, on February 6, 2025,
Councilmember Blain replied, “I have no City business on any of those media” but, again, declined to sign an affidavit.

39. On February 18, 2025, when the City Attorney’s office raised the matters described in this Petition and Complaint with Councilmember Blain in an attempt to resolve the issues informally, he stated ,“1) I have searched all my devices and accounts and have no City business on these accounts 2) I will not sign [an] affidavit.”

40. Councilmember Blain’s actions conflict with his statement that he has “no City business on these accounts,” and thus the City is informed and believes and alleges thereon that the only reason Councilmember Blain will not sign an affidavit attesting to the truth of that 1155 of 2175
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statement is because the statement would be false and potentially perjurious.

41. Councilmember Blain is the only City Councilmember who has refused to sign an affidavit attesting that he completed a search of his accounts and documents and has produced all responsive public records.

42. Around January 28, 2025, well before his above-quoted responses on February 6, 2025 and February 18, 2025, the City discovered that Councilmember Blain had been forwarding all of his City emails to a private Gmail account, [email protected].

43. As late as January 27, 2025, Councilmember Blain forwarded emails concerning City business to the [email protected] account. This directly contradicts Councilmember Blain’s statements to the City Clerk on January 23, 2025 that he has no City business on any private email accounts, unless he has deleted all such emails, which is also a violation of state law.

44. The City is informed and believes, and alleges thereon, that all email sent by and received
in the account “[email protected]” by definition presumably relates to City business, considering “Poway” and “councilman” are in the very name of the email account. There is no other purpose for this email account, especially considering Councilmember Blain uses a Yahoo account for his personal email.

45. Indeed, in the course of reviewing City email to respond to numerous CPRA reques
ts for Councilmember Blain’s emails, the City has discovered Councilmember Blain routinely forwards emails from his City account to his personal Yahoo.com email address, [email protected]. Councilmember Blain forwarded City email to this email address on January 23, 2025, the very same day he told the City Clerk that “I do not use my private e mail or devices or social media for ‘City Business’” but refused to sign an affidavit attesting to the same.

46. The fact that City emails were being forwarded to these accounts, standing alone and even
assuming he was not using these accounts to respond to any of these emails, directly contradicts Councilmember Blain’s previous statements that there were not public records on any of his personal accounts and also calls into question if Councilmember Blain has forwarded sensitive or confidential information to outside accounts. 1156 of 2175
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47. The City is informed and believes and alleges thereon that Councilmember Blain has been conducting City business on end-to-end encryption apps such as SignalTM to avoid disclosing public records. Councilmember Blain has requested that more than one individuals in the City delete all his text messages and use the Signal application instead. In doing so, on or about January 23, 2025 – the very same day as his extensive email exchange with the City Clerk about this topic – Councilmember Blain texted “[d]elete all my texts to you ok – Poway Mayor & Attorney trying to sue me – lets change to Signal app – they can’t access it.” A true and correct copy of a screenshot of this text message, with minor redactions, is attached as Exhibit “B” to this Verified Petition and Complaint.

48. In so doing, Councilmember Blain has disproved his January 23, 2025 statement “I do not use my private e mail or devices or social media for ‘City Business.’” It further demonstrates that Councilmember Blain is apparently destroying and concealing disclosable public records, and seeking to enlist others in this unlawful effort.

49. On or about March 10, 2025, in response to the City Clerk’s request that Councilmember Blain confirm his statement “I have no City business on any social media as you requested below” also meant that he had completed a search for “All email, text and any other electronic communications,” Councilmember Blain again told the City Clerk that “I conduct no ‘City business’ outside of my City of Poway e-mail” despite the fact that he continued to forward City emails to his personal Yahoo account and continued to communicate with Councilmember Maeda via text message on or about January 23, 2025 and January 24, 2025. Councilmember Blain further informed the City Clerk that he “will never be signing any affidavits – you and the City Attorney are weaponizing previously benign PRR process for political lies and maneuvering.”

50. The City is further informed and believes and alleges thereon that the Signal application has an auto-deletion feature, meaning that whenever it is used to conduct City business, Councilmember Blain is automatically violating state law.

51. On or about March 19 and March 21, 2025, the City received two additional CPRA requests (designated PRR 2025-123 and PRR 2025-132), both requesting all communications on 1157 of 2175
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both City and private devices and accounts between Councilmember Blain and Maeda from March 9, 2025 to March 19, 2025 and March 3, 2024 to March 21, 2025, respectively.

52. On April 1, 2025, in response to both of these CRPA requests, Councilmember Blain emailed the City Clerk stating that “I have no City business covered by this request,” and refused to sign the affidavit.

53. Councilmember Blain’s statement was again proven false by Councilmember Maeda, who in response to these very same CPRA requests, produced approximately 11 pages of messages between herself and Councilmember Blain during the foregoing time period. These messages all discussed City business, including upcoming items to be discussed at City Council, allegations regarding various intentions of the City Attorney, and copy pasted emails he previously sent to City staff.

54. Incredibly, in the text messages provided by Councilmember Maeda, Councilmember Blain even stated “turn these texts into Edmondson via PRR,” seemingly aware that they were all public records, yet he refused to himself produce them, claiming instead “I have no City business covered by this request.” A true and correct copy of a screenshot of this text message is attached as Exhibit “C” to this Verified Petition and Complaint.

55. Since his City email regarding vote trading and other threatening actions became public on January 14, 2025, Councilmember Blain added an automatic reply and lengthy signature to his City email account, which has evolved in the following matter, in pertinent part:
a. January 17, 2025: “Please note that our email communications are subject to public disclosure.”
b. January 21, 2025: “Thank you for being actively involved — it is very much appreciated / please also consider speaking at Public Comment at the next Council meeting 7 pm City Hall. Please note that our email communications are subject to public disclosure.”
c. January 23, 2025 (the same day as the above-quoted conversation with the City Clerk about his response to pending CPRA Requests, where it became clear his texts are also subject to disclosure): “I will read EVERY E-mail but I will not be responding 1158 of 2175
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to any further City e-mails but I’m very happy to speak if you call my cell phone below - no texting please. And we can always meet in person. I will never be responding via e-mail, text, or social media.”
d. January 27, 2025: “Please note that our email communications are subject to public disclosure. Thank you for reaching out. I will be reading this at my earliest opportunity. Unfortunately I will not be able to respond via email. Call my cell phone 858-248-1509 if you want to speak or meet privately (please do NOT text).”

56. Following the City’s April 15, 2025 City Council meeting where Councilmember Blain was criticized by members of the public regarding messages he sent them from his City email account, on April 17, 2025, Councilmember Blain sent an email to the Assistant City Manager stating “I’m off City e mail except I’ll check it every Monday 10 AM only to get call in link for our Council / City Manager 11 AM meeting. Only way you or anyone else can reach me otherwise is my cell phone / always text 1st so I know who is calling.”

57. Since that date, Councilmember Blain has still occasionally communicated with City staff and others using his City email, but has largely emailed staff and others regarding City business using his private account, [email protected]

58. On April 17, 2025, the City received another CPRA request (designated 2025-158) requesting all communications sent or of received by Councilmember Blain from April 10, 2025 to April 17, 2025, including “all emails sent or received from [email protected], any other private email account, all text messages, messages on any messaging application (including but not limited to Signal), or social media messages. This request also specifically includes all messages whether email, text, or other form) sent during or after the City's April 15, 2025 City Council meeting.

59. On April 25, 2025, in response to CPRA request 2025-158, Councilmember Blain stated “I only conduct city business on city e mail Which you have access to,” and again refused to sign the affidavit. This statement is patently false, as demonstrated by Councilmember Blain’s emails from his yahoo account just a few days previously, in addition to his months long use of his yahoo email, Gmail, text message and signal messages for City business, as alleged above. 1159 of 2175
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60. Further, the City is informed and believes and alleges thereon that Councilmember Blain was repeatedly sending text and other messages during this time period regarding the City, including during the April 15, 2025 City Council meeting, which he attended by teleconference.

61. When the City Clerk asked him to sign an affidavit regarding his response to CPRA request 2025-158, Councilmember Blain stated “I’m never signing an affidavit I don’t trust you , Hazeltine, Fenstermacher, or Mayor.”

62. Councilmember Blain has shown a blatant disregard for the CPRA and California’s document preservation laws despite his obligation under State law to preserve any record relating to City business. By his own admission, Councilmember Blain has deleted public records, and the evidence shows he continues to intentionally conceal public records subject to public disclosure.

63. Absent judicial intervention, Councilmember Blain has made it unmistakably clear that he does not intend to comply with his obligations under the CPRA.

64. To ensure its own compliance with the CPRA, the City needs Councilmember Blain to conduct a complete review of his personal devices and accounts and to produce any public records responsive to the CPRA requests described above. Once this review is complete, Councilmember Blain must attest to the fact that he has complied with his obligations under the CPRA so the City can prove this to the requesters and, if necessary, this Court.

THE PUBLIC RECORDS ACT

65. The CPRA embodies the California Constitution’s mandate that “[t]he people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” (Cal. Const., art. I, § 3(b)(1).)

66. Under the CPRA, a local agency is required to promptly make available any non- exempt public records to any person upon request. (Gov. Code § 7922.525.)

67. What constitutes a public record is broadly defined and includes “[a]ny handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, … regardless of the manner in which the record has been 1160 of 2175
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stored.” (Gov. Code § 7920.545.)

68. Written communications — including emails and text messages — sent or received by a public official on his or her personal device are public records if they concern public business(City of San Jose, supra, 2 Cal.5th at p. 625.) The CPRA requires public officials and employees who are potential records custodians, “to search their own personal files, accounts, and devices for responsive material …” (Id. at p. 618.)

69. Noting the need to balance employee privacy interests, the California Supreme Court has stated that it is permissible for a local agency to rely on individual employees (or officials) to conduct a search of their own records and supply an affidavit to the agency attesting to the same and why any withheld records are not “public records.” (City of San Jose, supra, 2 Cal.5th at p. 628.) However, this process must be “followed in good faith.” (Ibid.)

70. Local agencies, including elected officials, are generally required to maintain public records for at least two years. (Gov. Code § 34090.) Further, most public records older than two years may only be destroyed with the approval of the legislative body and written consent of the city attorney.

71. When a local agency fails to produce responsive public records pursuant to a valid request, the requestor may seek a court order requiring the agency to provide such documents. (Gov. Code § 7923.000.)

72. Notably, the statutory penalties for failure to produce public records falls on the public agency and not the official who refuses to furnish records. (Gov. Code § 7923.115(a).) The Government Code allows a prevailing requestor of public records to recover attorneys’ fees and costs against the public agency, and further provides that a public official who is involved in the failure to produce public records cannot be personally liable for such an award. Remedies against individual officeholders must arise by writ and via Government Code section 3060, a civil indictment for misconduct in office

73. Regrettably, the City is forced to bring this action to comply with its obligations under the CPRA and state law and to ensure Councilmember Blain complies with his mandatory legal duty to preserve public records and produce the same upon request and to refrain from 1161 of 2175
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deleting public records.

FIRST CAUSE OF ACTION
(Violation of the California Public Records Act)

74. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

75. As an officer and representative of the City, the CPRA obliges Councilmember Blain to ensure that public records are produced upon request. (See Gov. Code § 7922.525.)

76. The City alleges that Councilmember Blain has been withholding public records despite being requested to produce them to the City as responsive to CPRA requests.

77. This mandatory duty arises from Councilmember Blain’s status as a member of the City Council and may be compelled by a writ of mandate.

78. The City has an interest in having the laws executed and public duties enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

79. The City has a clear, present, and legal right to Councilmember Blain’s performance of his ministerial duties, as required by the PRA.

80. The City has no plain, adequate, and speedy remedy at law to redress Councilmember Blain’s unlawful conduct described herein. Under the CPRA, the City must ensure responsive public records are produced when requested and this requires the good faith search and retrieval of records by City employees and officials.

81. Pursuant to Code of Civil Procedure section 1085, a writ of mandate should issue directing Councilmember Blain to: (a) produce all public records in his possession, including on personal devices or accounts; and (b) attest to his compliance with the CPRA.

SECOND CAUSE OF ACTION
(Violation of Government Code Section 34090)

82. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

83. Local agencies, including elected officials, are generally required to maintain public records for at least two years. (Gov. Code § 34090.) 1162 of 2175
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84. Councilmember Blain, as an officer of the City, has a mandatory duty to refrain from deleting or destroying public records without the approval of the City Council and the consent of the City Attorney.

85. The City has an interest in having the laws executed and public duties enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

86. The City has a clear, present, and legal right to Councilmember Blain’s performance of his ministerial duties, as required by Government Code section 34090.

87. The City has no plain, adequate, and speedy remedy at law to redress Councilmember Blain’s unlawful conduct described herein.

88. Pursuant to Code of Civil Procedure section 1085, a writ of mandate should issue directing Councilmember Blain to refrain from deleting public records on any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.

THIRD CAUSE OF ACTION
(Violation of Government Code Section 6200)

89. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

90. The City is informed and believes, and on that basis alleges, that Councilmember Blain willfully destroyed public records, in violation of Government Code section 6200.

91. Government Code section 6200 states:

Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following: (a) Steal, remove, or secrete. (b) Destroy. mutilate, or deface. (c) Alter or falsify.

92. Councilmember Blain, as an officer of the City, has a mandatory duty to refrain from willfully destroying public records.
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93. The City has an interest in having the laws executed and public duties enforced and, therefore, has a beneficial interest in the outcome of the proceedings.

94. The City has a clear, present, and legal right to Councilmember Blain’s performance of his ministerial duties, as required by Government Code section 6200.

95. The City has no plain, adequate, and speedy remedy at law to redress Councilmember Blain’s unlawful conduct described herein.

96. Pursuant to Code of Civil Procedure section 1085, a writ of mandate should issue directing Councilmember Blain to refrain from deleting public records on any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.

FOURTH CAUSE OF ACTION
(Declaratory Relief per Code of Civil Procedure Section 1060)

97. The City hereby incorporates the allegations of the foregoing paragraphs as though set furth fully herein.

98. An actual controversy has arisen and now exists between the City and Councilmember Blain concerning Councilmember Blain’s obligations under the CPRA, Government Code section 34090, Government Code section 6200 and his compliance with the same.

99. The City contends that Councilmember Blain has not complied with his obligations under these laws by (1) withholding responsive documents contained on his personal devices or accounts, (2) deleting public records, and (3) refusing to attest that he has produced all public records in his possession.
100. The City seeks a declaration from this Court consistent with its contentions as set forth above. Such a declaration is necessary and appropriate so that the City may determine its rights and responsibilities and the obligations of Councilmember Blain with respect to the City’s compliance with the numerous pending CPRA requests relating to Councilmember Blain.

FIFTH CAUSE OF ACTION
(Injunctive Relief per Code of Civil Procedure Section 526) 101. The City hereby incorporates the allegations of the foregoing paragraphs as though 1164 of 2175
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set furth fully herein.
102. Unless he is enjoined by the Court, the City has reason to expect Councilmember Blain to continue to violate his mandatory duties under the CPRA Government Code section 34090, and Government Code section 6200. Councilmember Blain has made it abundantly clear that he (1) will not search his personal devices and accounts for responsive records, (2) will not attest that he does not possess any additional public records , and (3) will not refrain from deleting public records, including those in any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.. 103. Without an injunction, the City will be irreparably harmed because the City may never be able to recover public records Councilmember Blain has deleted and will delete.

Additionally, because the CPRA specifies remedies against only the City, the City has no other course of action to ensure Councilmember Blain’s compliance with the CPRA and to comply with that statute itself.
104. Accordingly, the City is entitled to an injunction requiring Councilmember Blain to (1) perform a diligent search of his personal devices and accounts for responsive public records, (2) attest that he has done so, and (3) cease deleting public records on his personal devices and in his personal accounts.

PRAYER FOR RELIEF
WHEREFORE, Petitioner and Plaintiff City of Poway prays for judgment against Respondent and Defendant Councilmember Arthur (Tony) Blain as follows:

1. For a Writ of Mandate:
a. Directing Councilmember Blain to comply with his mandatory duty to produce responsive documents under the CPRA as to the Public Records Act requests identified above;
b. Directing Councilmember Blain to produce public records responsive to those request and attest that he has done so; and
c. Directing Councilmember Blain to refrain from deleting public records, including those on any private email accounts, text messages, social media, or messenger apps in 1165 of 2175
July 1, 2025, Item #3
his possession, control, or custody.

2. For the declaratory relief requested above.

3. For a temporary restraining order and/or preliminary injunction ordering Councilmember Blain to comply with his obligations under the CPRA to produce public records responsive to the requests identified above and his obligations under California document preservation laws to refrain from deleting public records.

4. For a permanent injunction ordering Councilmember Blain to comply with his obligations under the CPRA to produce public records responsive to Public Records Act requests and his obligations under California document preservation laws to refrain from deleting public records, including those on any private email accounts, text messages, social media, or messenger apps in his possession, control, or custody.

5. For an award of attorneys’ fees, litigation expenses, and costs as required or permitted by law including but not limited to California Code of Civil Procedure section 1021.5 and the common law private attorney general doctrine.

6. For any such further relief as the Court deems just and proper.

DATED: April 30, 2025 COLANTUONO, HIGHSMITH &

WHATLEY, PC
MICHAEL G. COLANTUONO
AJIT S. THIND
SERGIO C. ORDAZ
Attorneys for Petitioner and Plaintiff City of
Poway
1166 of 2175
July 1, 2025, Item #3

EXHIBIT A

EXHIBIT A
1167 of 2175
July 1, 2025, Item #3
055
City Clerk / City Attorney /
City Manager
February 2019

6 Ata} lhe
Tina White, City Manager |

Policy & Procedure

ELECTRONIC COMMUNICATIONS POLICY
(E-mail, Tablets, Smart Phones and other Electronic Devices)

1. PURPOSE
The objective of this policy is to provide clear and concise direction regarding use of the City’s electronic mail (e-mail) system, personal devices and personal accounts (if any City-related records exist there).

The goals of this policy provide for continued transparency in the conduct of the public’s business, proper retention of records, and ensuring the City complies with the Public Records Act and the San Jose v. Superior Court ruling' regarding public employee, or public official use of personal accounts or devices for City business.

This policy applies to all employees, elected officials, appointed officials and consultants or other non-employees utilizing the City’s electronic communications system.

2. POLICY
All City employees and officials shall be assigned a City e-mail account. E-mail is intended for City-related purposes only. All e-mail communications on City e-mail or regarding City business are the property of the City of Poway. The City reserves the right to retrieve and make proper and lawful use of any and all communications transmitted through the e-mail system. The City respects the individual privacy of its employees. However, an employee cannot expect privacy rights to extend to work-related conduct or the use of City-owned equipment or supplies.

Consequently, e-mail users shall have no reasonable expectation of privacy in communications sent over the City e-mail network as e-mail communications are not confidential.

The “default” retention for electronic communications, pursuant to the City’s Records Retention Policy, is two (2) years.

To ensure public records are properly captured, stored, and retained by the City, the use of personal devices (e.g. personal cell phones), and/or personal accounts (e.g. a private e-mail address) to discuss or conduct City business is strongly discouraged.

3. PROCEDURES
A. Records Management

1 City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017 1168 of 2175
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Electronic Communications Policy
February 2019

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Poway City CouncilJuly 1, 2025

Poway City Council
July 1, 2025