PUBLIC COMMENTS
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DATE: February 26, 2026
TO: Victorville Mayor & City Council
FROM: Michael Stevens, Resident
SUBJECT: Removal of Planning Commissioner Derek Marshall
Mayor & City Council: I am writing to express my support of Mayor Pro Tem Harriman’s contention that Planning Commissioner should be removed for what I’ll “conduct unbecoming a city official. ”
I’m sure we recall a former Council member, whose behavior often brought shame, undue recognition and discredit to the Council and our city. I believe that when a public official encourages/supports illegal behavior—he/she should not remain a public official, whether the conduct was or was not conducted in an official capacity.
California compulsory education law requires students to attend school, and if students (without a valid excuse) choose to not attend school and participate in a protest march—is that not breaking the law, is that not truancy? I say it is.
When a Planning Commissioner actively participates in blocking access to City Hall, disrupting operations, preventing constituents from conducting city business—forcing a lockdown--that’s “textbook” conduct unbecoming a city official!
Public Officials are held to a higher standard and whose behavior SHOULD reflect support and respect for ALL laws, whether performing in their “official” capacity or not, whether they agree with the laws or not. If the march was to oppose enforcement of immigration laws—Mr. Marshall’s participation also showed his disdain and disrespect for enforcement of ALL LAWS.
Even though Mr. Marshall apparently did not violate any laws by participating in the march, the issue is whether by participating did he condone and encourage the illegal behavior by the students? Did he encourage students to violate school attendance laws? I say yes, he did.
He may not have EXPLICITLY encouraged illegal behavior by the students, but by simply participating he IMPLICITLY supported the students’ behavior.
He chose not to condemn the illegal behavior by the students, instead, his participation condoned it. It begs the question—if his actions condone illegal behavior by the students, does he condone illegal behavior in other ways?
As a Planning Commissioner—I KNOW, I SERVED ON THE VICTORVILLE PLANNING COMMISSION FOR FIVE-AND-A-HALF YEARS—it is his (the Commission’s) responsibility to ensure that applicants before the Commission comply with all applicable LEGAL requirements for projects brought before the Commission. Does he do so?
Mr. Marshall didn’t privately show his support for the students; he did so publicly.
Mr. Marshall, according to Victor Valley News Group, is quoted as saying: “Too often, our kids grow up hearing they should leave the High Desert behind. But last Friday, we saw something different. We saw courage. We saw leadership. We saw students who care deeply about their future. We walked because they deserved adults who would stand beside them, and because keeping them safe matters. This is what community looks like.”
Yes, it takes courage to break the law—ask any bank robber or drug dealer. But leadership means “picking your battles” . The march had no impact on enforcement of immigration laws, but it disrupted the normal routine at school. It probably disrupted traffic. It probably impacted local law enforcement. It certainly disrupted operations at City Hall.
Leadership is directing your outrage to the folks with whom you disagree—not the community-at-large who probably could care less about students marching through the streets.
Mr. Marshall chose to use the opportunity as a political stunt to boost his image as a potential council candidate. I for one do not want a council member who will selectively pick and choose which laws to obey, which laws to support!
Serving as a Planning Commissioner (or any appointed position) is akin to serving as an at- will employee, meaning, serving at the will of the appointing authority or employer. The Council has the prerogative to dismiss any appointee “at-will” and should exercise its right in this situation.
Mr. Marshall’s behavior could be a warning sign for how he might behave while a Councilmember…of course he hasn’t been elected, but we don’t need another rogue Councilmember whose behavior might bring shame, undue recognition and discredit to the Council and our city.
Michael Stevens
Outlook
Fw: agenda item concerning Derek Marshall
FromPlanning Division <[email protected]>
Date Tue 3/3/2026 9:57 AM
To City Clerk <[email protected]>
From: Terri Terry <[email protected]>
Sent: Tuesday, March 3, 2026 8:45 AM
To: Planning Division <[email protected]>
Subject: Re: agenda item concerning Derek Marshall
[EXTERNAL EMAIL]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
California Government Code Sections 3203 and 3204 (part of the Political Activities of Public Employees Act) protect government (both state and local) employees' right to engage in political activity while restricting the misuse of official authority. Section 3203 generally prohibits restrictions on off-duty political activity, while Section 3204 forbids using authority to influence a subordinate's political actions or career.
CHAPTER 9.5. Political Activities of Public Employees [3201 - 3209] ( Chapter 9.5 repealed and added by Stats. 1976, Ch. 1422. )
3203. Except as otherwise provided in this chapter, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a state or local agency.
3204. No one who holds, or who is seeking election or appointment to, any office or employment in a state or local agency shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position, within the state or local agency, upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee’s action.
Also, it is not within the scope of the Victorville planning commission to police student activities, official or unofficial, either on or off campus, of the Victor Valley Union High School District. The VVUHSD operates under its own governing board and the California state education laws.
A local government employee in California who disobeys state codes faces severe consequences, including investigation by state or local authorities, immediate disciplinary action, termination, and potential criminal charges if the violation involves fraud or illegal acts.
Teresa Terry, Victorville
Outlook
Public Comment for 3/03/2026
FromParker Dukes-Halpern <[email protected]> Date Tue 3/3/2026 9:33 AM
To City Clerk <[email protected]>
[EXTERNAL EMAIL]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Victorville City Council Members,
I am writing this public comment to be utilized for the Victorville City Council meeting on Tuesday March 3, 2026. This comment is regarding the consideration to remove Planning Commissioner Derek Marshall.
Derek Marshall exercised his First Amendment rights to free speech and peaceful assembly while acting as a private citizen and on his own time. He was not acting in his official capacity as Planning Commisioner. The U.S. Supreme Court has long held in cases such as Pickering v. Board of Education (1968) and Bond v. Floyd (1966) that public officials do not surrender their First Amendment rights and cannot be penalized for protected political speech made as private citizens. Removing Planning Commissioner Derek Marshall would be simply be unconstitutional.
Regardless of individual opinions about the student protest, it is unconstitutional to penalize public servants for engaging in constitutionally protected activity on their own time. As a governing body it is your duty to uphold First Amendment principles.
I respectfully urge the Council to reject any effort to remove Victorville City Planning Commissioner Derek Marshall on these grounds
Thank you for your time.
Sincerely,
Parker Dukes-Halpern
Outlook
Regarding Derek Marshall-- Tonight's meeting 3/3/2026
FromLaura Fluegeman <[email protected]>
Date Tue 3/3/2026 3:49 PM
To City Clerk <[email protected]>
[EXTERNAL EMAIL]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To Whom It May Concern:
My name is Laura Fluegeman, and I live in the nearby San Bernardino Mountains. Please vote no on removing Derek Marshall. It is my understanding that Mr. Marshall helped to facilitate the safety of students who were protesting. Now he is being threatened with removal for having done so.
To punish a public servant for facilitating a safe protest is to discourage other public servants from keeping the community safe. It also sends the message to young voters that you do not respect them, their safety, or their voices. Please consider the message this sends to your voters, and to the students who soon will be voters.
Thank you for your time.
Laura Fluegeman
[email protected]