An investigation by a special counsel reveals that National City Councilman Jerry Cano did not violate state law when he went five years without addressing building code violations at his Mary Lane home.
The city on April 30 retained attorney William P. Curley from the California-based Lozano Smith law firm to investigate allegations that Cano violated Government Code 87100 by using his elected position to get away without paying any fines and fees for violating building code violations in a five-year span.
The Star-News reported on March 15 that Cano had 5-year-old building code violations for non-permitted work done to his backyard.
Despite being sent notice of violations, Cano was never issued fines or penalties. Instead, the city issued him a recordation of notice of code violations.
Cano has since made all the corrections needed and paid a $1,136.16 penalty plus $474 for the final inspection of his home and $472 for building permits to bring his property into compliance on May 22, according to public records.
The attorney’s report shows that Cano did not violate the law, but Curley said that going five years without correcting his code violations can be viewed as questionable.
“Deferring, for whatever reason, a series of building code violations, making staff pursue you, making it a legal proceeding with the recordation, that reflects badly on that councilmember (Cano)” Curley told the council in his oral report Tuesday night. “I believe that reflects badly on you as a council and on staff… You have me here because one of your members chose not to live up to their responsibilities and that is not a good thing.”
Cano had recused himself from listening to the investigation.
Curley made his conclusion without interviewing Cano, who according to the report, did not participate in the investigation.
“All officials cooperated, with the exception of city Councilmember Jerry Cano,” the report details. “Councilmember Cano, the subject of the three areas of investigation declined to be interviewed and so, impaired by the ability of this investigator to achieve definitive conclusions about two of the three subject areas.”
Councilwoman Mona Rios questioned how Curley’s report was done thoroughly without the “reporting party or accusing party not having the ability to be interviewed.”
Curley acknowledged Rios’ concern and said that by Cano not participating in the process made his investigation more difficult. However, Curley said he based his investigative results on interviews with city staff and a review of records pertaining to the building code case.
Councilwoman Alejandra Sotelo Solis said she could not understand why Cano would skip out on the investigative process.
“That to me, as one of my colleagues stated, is shocking,” she said. “You would want to vindicate yourself. Just get the information out there and give your side of the story.”
Cano did not return phone messages seeking comment for this story.
Curley said Cano’s remodeling case was treated like everyone else in National City, the difference is Cano’s non-permitted work was not life threatening, compared to others.
National City Mayor Ron Morrison said the city council always has to be cautious when dealing with city staff because of the perception of influence.
“When there is an assumption of influence realizing that could be brought upon any of us anytime we have any interactions and anytime we do anything with the city because we are the council member, mayor or an elected official,” he said. “We have to be careful with that.”
Curley also was retained to investigate a sexual harassment claim made by Cano against Rios at the April 3 council meeting.
That investigation did not go very far as Cano, through his attorney, withdrew his sexual harassment claim at some point during the investigation.
“That was withdrawn by Councilman Cano,” Curley said. “We didn’t pursue it, he rescinded, asked that we not pursue it. He indicated that it didn’t happen.”
Curley said he responded with a request to clarify, because he took the rescinding of the claim to mean nothing happened.
“I said, ‘I’m taking this to mean it didn’t happen’. If I’m incorrect, let me know,” Curley said he told Cano in an email. “I heard nothing more.”
Cano had accused Rios of inappropriately touching him during a photo opportunity at the April 3 council meeting.
“Your touching was very inappropriate, it’s not the first or second time (you’ve) done it and it needs to stop,” Cano told Rios near the conclusion of that meeting. “You have something about jumping in on every picture and everybody needs their space…what you did was inappropriate, very inappropriate.”
When reached by phone Wednesday morning, Rios declined comment and referred all questions regarding Cano’s rescinding of his sexual harassment claim to her attorney Corey Briggs.
“The independent investigator repeatedly confirmed what my client and everyone else in National City already knew: Mr. Cano fabricated his accusations against my client,” Briggs said.
“Speaking for myself, when I see someone like Mr. Cano refuse to answer questions as a public inquiry into his own improprieties, it means that he is either a coward or a criminal.”
Rios has always maintained that the allegation was in retaliation for her calling for an investigation into whether Cano violated state law.
Morrison said Cano’s claim should have been dealt with in private.
“I think what we need to realize also is that the allegation by Councilmember Cano was made privately,” he said. “The public allegations was actually made by (council) member Rios out here… so I think we need to keep that in context also.”
Amongst the recommended actions that the investigator recommends is that Cano issue a public apology to Rios.
“Councilmember Cano’s allegations against Councilmember Rios were made in public. It is recommended that Councilmember Cano, the course of a public council meeting, apologize to councilmember Rios, and the community, for his inappropriate public allegations,” the report states. “Giving equal dignity to the apology, to match the rescinded allegation, is an appropriate response to this issue.”
According to the contract with Lozano Smith law firm, the cost for both investigations was not to exceed $25,000 for a total of no more than $50,000. As of Wednesday, it remains unclear what the final cost was for the investigations.
The city council will take a break from meeting in the month of August, resuming on Sept. 4, where the city council is expected to discuss possible action against Cano in regard to the investigation.
