Scott Marks 4:30 p.m., Dec. 5
- Community Blog
- I've Got Issues
Democratic Party has NO right to demand Filner resign. Only WE the people hold that right
In the latest development in this coup by land developers to take our town the Democratic Party just voted to "demand" Filner resign.
As a voter I am outraged at this language because these "leaders" have no right whatsoever to bully Filner into resigning.
Francine Busby and Tony Atkins and Todd Gloria can ask ALL day long for Filner to resign but they can NOT demand he step down. We, the voters elected him to office, and it is ONLY we, the voters who can fire him from office.
The UT (of all papers) 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."
Stay strong San Diego. This case gets weaker every day with each new questionable accusation of "abuse". They are desperate for him to step down before their case unravels.
There is WAY too much at stake. If Filner goes we will lose Balboa Park forever to the developers behind this.
More like this:
- Just what authority will Council President Todd Gloria have after taking control of Mayor's Office? — Aug. 24, 2013
- Jan Goldsmith scrambling to change City Charter to make recalling Filner easier back in early May — July 27, 2013
- We are being bullied into accepting a resignation from Filner: This is not a dictatorship — July 13, 2013
- Is Mayor Filner being set up by special interests? — July 10, 2013
- City Attorney says Filner did not need approval from council before firing state and federal lobbyists — Jan. 31, 2013