I am not sure why all these politicians calling for Mayor Filner to resign think they can simply DEMAND a resignation with out due process. We, the voters elected him to office, and it is ONLY we, the voters who can fire him from office.

On Friday, several leaders including Toni Atkins and Todd Gloria (who have not been the picture of integrity by ANY means) called on Filner to resign due to these anonymous allegations of sexual harassment. Other politicians like David Alvarez have stepped forward to also "demand" he resign. And considering how corrupt our government has been I dont understand why any of us are surprised that these questionable leaders want Filner, the first effective and open mayor in decades, to step down?

In statement late Friday night, Filner stated a "full, complete and independent investigation" would be conducted in response to any formal complaint against him.

"I am confident that a fair and independent investigation will support my innocence with respect to any charges of sexual harassment," said Filner in his statement.

So why the rush to judgment? Why the fierce and frenzied calls for a quick resignation?

And do these guys have the right to force him to resign?

The UT investigated whether or not the City Council or anyone could simply fire Filner:

"But what about the City Council just firing him, right out?

No-can-do, says the City Charter. Only the voters have that right, via recall. And they don't need a reason, said Dan Eaton, an employment attorney for Seltzer Caplan McMahon Vitek.

California is an at-will state for employees, and Filner works for the public. He was elected by the people, and the there is no city code that allows the City Council to remove him from office, the way Congress could impeach the president, Eaton said. He noted that Filner in his statement Thursday only admitted to behavior that was inappropriate and wrong.

"It is important to underscore as a preliminary matter that Mayor Filner has not specifically admitted that he engaged in sexual harassment," he said.

Filner's in a unique situation because he can fire unclassified workers at any time, but only the people can remove him. That terminator role used to reside with the city manager, but now Filner has it because he is the strong mayor, a system approved by voters in 2010. The city charter says a vacancy in the mayor's office can only come from death, resignation, or recall. No mention of termination."

We can not allow these legislators to determine the fate of Filner. We are being victimized by their bullying tactics demanding we take their word for it. We deserve due process. I am confounded that Donna Frye who has been the champion of open government is depriving us of the due process that is an integral part of our system to ensure open government that she has fought so hard for.

Donna, you are being played.

Let the evidence play out.

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