Closed Session Votes to Remove Herbert Simmons from the Altadena Town Council
harold bissner <contractinginfo@sbcglobal.net>
to herbert.h.simmons@altadenatowncouncil.org
date Thu, Nov 5, 2009 at 11:22 PM
subject Committee hearing
mailed-by bounce.secureserver.net
signed-by sbcglobal.net
Many have asked the question, What did you do to tick off the Altadena Town Council? My answer is that I informed you.
It is now time for the community to step up, let your voices be heard, and demand answers.
From the very beginning, I have asked that the allegations against me be brought to the community. I, myself, am not even clear on what the specific allegations against me consist of, for they were never provided to me in writing, though the Altadena Town Council Bylaws state in Article IX, Section C, that “a request to consider charges against a Town Council Member must be presented in writing to the Executive Committee.” No such request was ever furnished, although Honorable Ezieme repeatedly pointed it out. So what exactly is being investigated? I can only assume. I requested the allegations in writing on September 18, 2009, and requested a response in 30 days. This request was ignored. I have noticed from the very beginning that the Altadena Town Council never had all the facts nor did they attempt to obtain them.
For those who may not be aware, a Closed Session Meeting was first held on August 18, 2009, to discuss my Student and Teacher of the Month programs. Apparently, I was not aware that I was not allowed to mention that I was a member of the Altadena Town Council when discussing programs outside of the Town Council. As I had just been elected, and had had no formal training or mentoring, I admitted and apologized for my honest mistake. I immediately corrected this mistake. Although I stated in my very first e-mail to the community regarding these programs on July 27th, 2009 at 11:11PM, that they were not affiliated with the County or other Altadena Town Council members, I made it clear again in all communications that the Student and Teacher of the Month programs were in no way endorsed by, or affiliated with, the Altadena Town Council. It was also mentioned that I erred in speaking against another Council Member, Alice Wessen, in regards to comments she made about my attempt to raise funds for the Student and Teacher of the Month programs, for which I also apologized. Although I had done nothing illegal, I returned all funds to all supporters and funded the program on my own.
After this minor glitch, I went forward with these programs with overwhelming support from the community. We began to award students and teachers in our community in September in all seven public schools in Altadena. Meanwhile, the “investigation” was still pending and the Investigation Committee had yet to meet until November 5th, 2009, when another Closed Session Meeting was held.
I have stayed true to my pledge to improve communications among the community, to link us together through technology, and to create an educational awards program to uplift our youth and our educators. I have done my best to serve my constituents and to not be a proverbial “seat-warmer”.
Most importantly, please attend the next Altadena Town Council Meeting and ask questions and demand answers. Stand up for your vote. The next Altadena Town Council Meeting will be held on Tuesday December 15th at 7PM at the Altadena Community Center (730 E. Altadena Dr). But of course, the Council prefers to meet in secret regarding this matter. I wonder why.
#1 by gloriana casey on November 6th, 2009
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“I am thoroughly amazed that the city council does not recognoze the Brown Act. This was mentioned at the first council meeting that I ever attended, and at the second meeting, the public was told by several council members that this council did not have follow the Brown Act. This is a state law!
California Code government code sec. 54950-54963
In enacting this chapter, the legislature finds and declares that the public commissions, boards, and councils and other public agencies in this state exist to aid the conduct of the peoples’ business. It is the intent of this law that their actions be taken OPENLY, and their deliberations be taken openly. The people of this state do not yield their sovereignty to the agency which serves them. The people, in delegating their authority, do not give their public servants the right to decide what is good for the people to know, and what is not good for them to know. The people insist on remaining informed, so that they may retain control over the instrument they have created. ”
I am confused as to why the city council regulatiuions would supercede state law? Why did it take from August until Novemeber for an investigation? What form did the investigation take? What evidence was presented? This should have been preseented in a public forum, so that the Ralph M. Brown Act was used in the spirit in which it was intended…TO EDUCATE the public and keep them a part of a working government. People voted for Herbert Simmons, so it will be very educational to see how a city council , which apparently does not respect nor use the Brown Act can take action to remove my councilman who is doing a wonderful job. If he was personnel, then a closed meeting would be in order, but he is an elected by members of 4602, and it is a poor idea for the city council to confuse their personal dislikes with Democracy.
#2 by Joan McManamon on November 6th, 2009
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I appreciate the efforts of Herbert Simmons to be an active member of the Altadena Town Council and to keep the community informed on relevant matters.
I consider it a serious mistake to remove him from office because of the minor charges made against him, which were apparently inadvertent and for which he has apoloigized.
#3 by Ashton Rice on November 6th, 2009
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This is a shocking development.
Since Councilman Simmons “admitted and apologized for [his] honest mistake … immediately corrected this mistake and made it clear in all communications that the Student and Teacher of the Month programs were in no way endorsed by, or affiliated with, the Altadena Town Council” what remains so heinous as to warrant a vote of removal?
Secondly, I demand to know why the ATC considers itself beyond the Brown Act. The unincorporated town of Altadena is a “town,” as that term is used in The Act; and, therefore, a “local agency” within the Act’s definition. ATC is a “legislative body” within the definition in The Act.
Pingback: Town council ethics committee recommends Simmons’ ouster | Hometown Pasadena
#4 by Greg Rice on November 6th, 2009
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Hi Mr. Simmons,
Thanks for your enthusiastic work and continuing efforts to help us all in Altadena. I’m glad you are on the council.
My wife, Ashton, follows the ATC closely. I want to encourage you to continue as our council representative. I want to let you and those participating on your list – apparently the only web accessible site for discussing Altadena issues among citizens – that only the Altadena voters who elected you have the legal right to remove you from the council.
Even if there are existing ethical rules for evaluation of council member conduct, as stated in the council letter to you, the committee can only make a recommendation. That opinion is not binding upon your constituency or determinative of your council membership status.
The actions by the council appear to be simple, over reactions to perceived disrespect on the parts of a few council members. The important issue now is to determine if there is unethical attempts to abuse legitimate council authority by the council. This attempt to dismiss you from office suggests their ignorance of the basic law – you are elected by us, your constituents, and you are accountable to us.
Since you introduced, openly, the important reminder to the council that they must comply with Calif. state laws and comply with the Brown Act, then this attempt to remove you, after you have introduced issues of ethical behavior by the same council members seeking your removal, makes plain a vested interest and conflict of interest between the “investigating committee”, the whole council, and the town citizens.
Has any claim of wrong doing or ethical violation been made against you, explicitly, in public statement or in written form? If so, please share it on this site, with any evidence offered by council, supporting such claim.
Has the council specified in writing that the investigating committee, composed of council members, has no members who may have any personal grievance with you which could interfere with impartial investigation and forming opinion of you? (If not, then negligence exists.)
Has the council informed you of any member(s) who recused themselves for the very reason of potential conflict of interest?
Has the council informed you of the reasons for the non-attendance of 2 of the 8 council members at their vote?
Was the absence of either council person an act of unspoken recusal, which may be in fact a tacit vote of support for you – however self-defeating? S/he didn’t want to be part of the clearly controversial power play, perhaps.
Has the council informed you or the citizens of its plans to continue any reasonable investigation of the council members, other than yourself, based on the public claims and legal demand for compliance with the Brown Act- even in the event of your “removal” from office? Have they made it clear they will assemble impartial tribunal or permit other legal investigation into possible reasons for the councils open desire to NOT follow state law, in event of your removal? (If not, then logical motive for their attempted preemptive removal of the only member raising issue of ethics remains – and therefore demands proof of impartiality of acting members. (No presumption of innocence is reasonable with such extreme behavior – attempted elimination of a duly elected council member)
The evidence is plain, based upon public record of council behavior, and most notably by this letter attempting to scare or intimidate you and your constituent Altadena citizens, suggesting that they have the power to remove you as our representative, that the council is far more due for removal from office, by legal means than you are.
The public record, as noted above, shows specific, repeated acts of incompetence (not being aware of applicable law) and/or ethical failures (either being aware of the law and flagrantly disregarding it, and public revelations of council leader willfully withholding information about public contracts from Altadena citizens, after this council member had been made aware of need for compliance with the law) by the council. They have unfortunately set themselves up for public investigation and the legitimate call for recall of them as council members by Altadena voters.
Could it be as simple as a direct, illegal “contribution” or “payoff” to the council member by the wealthy corporate cell provider? We have the right to discover the facts – perhaps have an audit of council members personal finances.
I’m sure you don’t want to force the other council members to resign, but they have created the circumstances themselves. If you choose not to act on these public failures of the remaining council members, the citizens may have to act. If no others will do so, I shall.
thanks Mr. Simmons,
Gregory Rice
gregricemail@yahoo.com
#5 by Elizabeth Fleming on November 7th, 2009
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“Ladies and Gentlemen of the Altadena Town Council,
Two hours and forty-three minutes on 11/5/2009 by six members of the ATC, in secret session, targeting an (uninvited) fellow member, legally elected, of the same Council?
Are we no better than the KKK and the Nixon White House–holding secret sessions to cloak our personal vendettas to target and harm others?
Please. We are better than this. Enough of the attack and defense mentality. Let’s revisit ground zero. If the ATC mission statement supports or allows the recent council members’ secretive meetings and agendas, let’s rewrite it, including complete compliance with the Brown Act.
Thank you,
Elizabeth Fleming
Tract 4602, voted for Mr. Simmons, very pleased with his accomplishments
#6 by Altadenan on November 8th, 2009
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Geee, I wonder why the By Laws are not posted on the ATC website. What are they trying to hide?
#7 by Altadenan on November 8th, 2009
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This site is better than Altadenablog. The guy that runs that site deletes postings if people disagree with him.
#8 by Jim Billups on November 8th, 2009
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The reasons and manner for your being attacked is just awful Herbert. I am so sorry to hear about this. The issue is petty and the individuals behind this are pathetic.
There are so many serious issues and decisions facing the community. Unfortunately, no one wants to deal with real issues… Obviously they are not equipped with the sense of urgency, vision, logic and tact to do so. Sadly such apathy and incompetence is prevalent throughout most layers of government in these desperate times. What we see here is just another glaring reminder, as they have pulled their head out of the sand exposed themselves for what they truly are…
I’m also am amazed, actually amused, that Mr. Jamie Bissner felt it appropriate to include hyperlinks to promote his personal business in his communication advising of the committees vote! See what I mean? How tacky!!! These folks are out of touch, clueless and “not in the moment”. Judgment, logic and even the most remote ability to lead and influence in a healthy and productive manner is far from their reach. They are not equipped!
#9 by Jaime Johnson on November 8th, 2009
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Herbert Simmons made a minor mistake and even apologized for his mistake….He makes a wonderful council memeber and he should not be removed.
#10 by Suzanne on November 8th, 2009
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I was extremely excited to FINALLY receive information on my community from my elected representative Mr. Herbert Simmons. Prior to Mr. Simmons being elected we had no clue with how this town operated, politically speaking. Mr. Simmons seems to be focusing on making a positive difference in our community and keeping his constituent base informed.
My husband and I bought our home in 2005 and consider our purchase a major investment. We are very concerned that with all of this negative in-fighting and schemes to remove our qualified elected official that we voted for, you guys are losing sight of what’s important to Altadena Residents and Investors. Furthermore, how can you just remove someone that the people elected?
We need our Town Council to focus on making Altadena a great place to live and work.
What is the big deal with recognizing our teachers and students? We think that it’s a wonderful concept and should be applauded not destroyed. What is wrong with you guys?
There are so many other issues that you town council members should be focusing on….our community is suffering.
Where I live we have speeding cars up and down the street, Loma Alta Elementary School is in need of major repairs-eye sore, a neighbor just moved out leaving his recently purchased home to foreclosure, low income seniors in need home repairs, businesses suffering and closing down and crime is up. Can someone please tell me what the council is doing about some of these items?
Suzanne Madison – 160 East Loma Alta Drive, Altadena — Who voted for Herbert and supports his Teacher of the Month program!!!!
#11 by admin on November 8th, 2009
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Re: #6: Altadenan – The Bylaws are posted on the ATC website, but they are very difficult to find. They are under “Links” and are on the very bottom of the page. Even after I found them the first time, it was just as hard to find them the second time. Their webmaster needs to position the bylaws in a more prominent location.
#12 by Andy on November 9th, 2009
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Even though I did not vote for Mr. Herbert Simmons, I think he is doing an awesome job as elected town council representative and I greatly disagree with having him removed. He has done more for this community than most of the previous town council people elected because he keeps us informed and updated and links us together through technology and I feel like I’m getting results with him as our representative. I don’t think he is appreciated enough for what he has done for this community and this seems like a very petty grievance against him since it was an honest mistake which he already has apologized for. I’m a big fan of his student/teacher of the month program and feel it is a very possitive influence on the community and our children who are our future. I don’t see how they can attempt to remove you when you were elected by us, the community, to represent us.
#13 by Barbara Aguirre on November 12th, 2009
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I am amazed that so much time and effort is being wasted trying to remove Mr Simmons from his post. Since his election, he has been working extremely hard to get the community working together and as far as I am concerned, he is doing an extremely wonderful job. He has done a great job keeping us informed with his emails etc and so on. I hope the “secret council” will reconsider their position and let Mr Simmons continue to do the excellent job he is doing.
#14 by Jim Billups on November 13th, 2009
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If there is any good to come out of this, it will be that the self serving and disparaging individuals on the Town Council have finally exposed themselves. The next step will be to bring awareness, just as Mr. Simmons has done, to their constituents so that they can be voted out. Looks like a pretty simple task to me.
#15 by Ashton Rice on November 19th, 2009
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Whatever the outcome of the current closed session proceedings, I would like to see review and revision of ATC Bylaws, open to all residents of Altadena. How can we get that on the agenda?
#16 by admin on November 19th, 2009
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Hi Ashton. Great comment – please forward it to the Chairman, Pasadena Weekly, Altadena Blog and Star-News. The answer to that question starts with informing the community.
#17 by Dr. Khalif A. Majied on November 28th, 2009
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Greetings,
Mr. Simmons, please keep your mind on what you desire to experience. Continue to deliberately create your world filled with love, and allow others to simply be whom they are.
Healthiest regards,
Dr. Khalif A. Majied, D.C.H.