Citizen About Town

By Nancy C. Arcuri, Editor and Publisher

E-mail: nancyarcuri@thecitizensvoice.net

Fax: 626-307-9081

On August 17th during Oral Communications I reiterate my Constitutional right to free speech.

Mayor Chu changed the format of Oral Communications at the August 3rd meeting. She instructed the city clerk not to call anyone who spoke at the last two meetings.  Finally she allowed the city clerk to call the three residents who had already presented their speaker cards to be heard during this agenda item.

She failed to follow our Municipal Code Section 2.04.030 on Oral and Written Communications, which states the city clerk will call the public in the same order that the speaker cards are received.

Mark Henlsey, our city attorney was not present to contest her actions.

We Council watchers believe that her actions were illegal.

The taxpaying voters in Monterey Park deserve to be treated with respect by our elected officials.

We need our city attorney to be present at every meeting to protect the interest of our hometown.

I asked the city attorney for a legal ruling on Mayor Chu’s actions on August 3.

He said that he would have to review the tape and respond to my question.

Before the September 7th meeting I asked Mr. Hensley if he had a legal ruling to my question on Mrs. Chu’s failure to follow the Municipal Code regarding Oral Communications.

He said he did not have a chance to view the videotape of that meeting but he would and respond to my question.

During a discussion on agenda item 5 regarding the benefits paid to election official for the health insurance it was apparent that Mark Hensley and Mayor Betty Tom Chu, a retired lawyer, had a different of legal opinions.

Councilmember Mitch Ing asked for a legal opinion on the insurance payment based on the health and welfare issue.

Mayor Chu asked for an explanation on the classification or a group on the insurance issue.

Mr. Hensley’s review of the law stated that the elected officials were overpaid on their health insurance benefits and requested that they reimburse the city for their overpayments.

To date Councilmembers Ing, Lau, Venti and Wong have repaid the city.

Councilmember Chu and former Councilmember Balderrama, City Clerk Barron and City Treasurer Leon have not repaid the city.

Mr. Hensley stated that according to his research the elected officials should have received monthly health insurance benefits not more than $875 a month that is the same amount received by the Executive Management Group (Department Heads) according to the state law.

He said Council could grant generous health benefit packages to non-safety employees and themselves.  This is his legal opinion.

He reminded Council that many cities pay their employees more money so the health benefits for elected officials are higher. Council is not eligible for paid vacation or sick time. He is not paid to keep the Council happy.

Mayor Chu disagreed with his legal opinion. She asked for a copy of the State Attorney General and Tony Canzoneri’s legal opinions.

She stated that she wanted to sue former City Attorney Tony Canzoneri’s malpractice insurance company as she believes that they received bad legal advise on their health insurance benefits.

Mr. Hensley advised Council that only way to totally resolve the elected officials insurance benefit issue is with litigation for a published legal opinion. He suggested that it would not be a good idea, as it would cost the elected officials and the city money. He will provide them with his ideas in a confidential memo and they could discuss it in closed session. He is troubled by the 2002 resolution, the Blue Ribbon opinion and the legal opinion of Liebert, Cassidy and Whitmore, the City’s special counsel.

Mr. Hensley’ s staff report stated the types of benefits currently being provided to retired and current elected officials cannot exceed the types and amounts being provided to a group of non-safety employees that receive the greatest level of benefits.

This issue on the elected officials health insurance benefits is still an ongoing issue.

Most Council watchers don’t believe that these part time employees should receive any health insurance benefits being paid by the taxpayers.

What do you think about this issue?

Mayor Chu will be rotating back to a Councilmember sitting the end of the dais on September 14th.

This will be a great night for the residents of Monterey Park as Mayor Pro Tem David Lau is sworn in as Mayor and Councilmember Mitch Ing is sworn is as Mayor Pro Tem.

I will attend this special event and report the evening’s events in my October issue.

Please remember all the men, woman and children who died on September 11, 2001 and their families and friends.

The tragedy of that day will be forever in our minds and hearts.

We will continue to carry on as proud Americans.

May God continue to bless our America, the world and us.