A National City City Councilwoman has called for an independent investigation into one of her colleagues to determine if he abused his power as an elected official to solicit preferential treatment for not being fined or penalized for building code violations at his National City home.
Near the conclusion of Tuesday night’s city council meeting, Councilwoman Mona Rios proposed adding an agenda item to the council’s April 17 meeting to “give the city attorney direction to hire an outside/third-party to investigate Mr. (Jerry) Cano.”
The motion passed 4-0 with council member Cano, at the advice of the city attorney, recusing himself from the vote.
The approval means the City Council will discuss and vote on April 17 whether or not they want an investigation into how Cano’s case was handled.
“An outside investigation has the advantage of actual and perceived objectivity and independence in the matter and potential witnesses; providing the credibility of the ultimate determination,” Rios said about her request for an independent investigation.
Rios said Cano is not above the law and that he should be treated just like every National City resident.
“I’m so disappointed that Mr. Cano has chosen not to be the example that we expect from our community when it comes to permitting processes and for compliance,” she said.
The Star-News reported in a March 15 story that Cano had been issued 14 building code violations five years ago and the councilman was never issued any fines or fees for his non-permitted work. The city sent Cano several violation notices but never fined him; instead they filed a Notice of Recordation against his property. To this day, his home remains out of compliance and he has not been fined.
National City resident Coyote Moon said she paid more than $1,400 in fines for building code violations at her home that occurred three years ago.
Moon, during public comment, demanded Cano be investigated because it was not fair that she had to pay fines and penalties while Cano got away scot-free.
“Why was I not allowed five years to just ride it out and continue my remodel?” she asked the council. “I want to know why ordinary citizens are not given the same consideration as city council member Jerry Cano. I call for an investigation into this for myself and all other National Citians who dutifully paid their fines and fees.”
Councilman Albert Mendivil supported Rios’ motion to put the item on the April 17 agenda for disucssuion, but said he did not understand why she wanted an investigation since the issue has already been made public.
“The bottom line is I don’t think it is healthy for a council to be going after each other,” he said after Tuesday’s council meeting. “The issues have been brought forward. There are two newspaper articles about (Cano’s violations), the city attorney and the city manager are aware of the situation, they’ll do everything to rectify the situation and that’s it. I mean, I don’t know what more Mona wants.”
Rios cited California Government Code 87100 for the basis of an investigation.
The code states: “No public official at any level at state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.”
Rios tried to pass two other motions, one to censure Cano and another motion that would have charged Cano with fines for lack of compliance.
Those motions did not pass.
Moments before Tuesday’s meeting ended, Rios publicly announced that Cano expressed to the city attorney that he had accused her “of touching him inappropriately” during a photo opportunity at Tuesday’s meeting.
Cano said on the dias that the matter would be discussed in private with Rios and the city
attorney.
“Your touching was very inappropriate, it’s not the first or the second time you’ve done it, and it needs to stop,” he told Rios during the meeting. “You have something about jumping in on every picture and everybody needs their space… What you did was inappropriate, very inappropriate.”
National City City Attorney Angil Morris – Jones said as of Wednesday that she has not investigated the harrasment claim made by Cano.
Morris-Jones said as of Wednesday there has not been any harassment claim filed by Cano and that she does not need a written complaint to launch an investigation.
