Councilman makes accusations against Merced mayor in email. Mayor calls claims false
Tension is growing on the Merced City Council following a recent email sent by Councilman Fernando Echevarria to a constituent, accusing Merced Mayor Mike Murphy of having created a hostile work environment and sexual harassment — claims Murphy has vehemently denied.
Plus, the simmering conflict and Echevarria’s recent interactions with some members of the community has heated up to the point that on Monday the City Council will consider a motion to censure him.
If the censure motion passes, Echevarria would still retain his District 2 seat. But the action would create a public record of harsh criticism.
Part of Echevarria’s email was read aloud during public comment at the June 15 City Council meeting, where attendees called to defund the police department and for Echevarria to step down.
The Sun-Star received a copy of the constituent’s original email and Echevarria’s reply. Echevarria also confirmed writing it. The Sun-Star inquired with Merced staff about whether any sexual harassment claims have ever been made against Murphy at the city level, and was told no complaints exist.
The email sender, who asked to remain anonymous, sent the message to City Council to discuss reforming the police budget by redirecting funds to community programs — especially in south Merced. The email also asked for Echevarria to apologize for recent behavior at a rally following the death of George Floyd.
“Frankly, he should be removed from the board for his mocking of the ‘I can’t breathe’ cry Mr. Floyd let out as he died on camera,” the email from the unnamed resident read. “This behavior did not show any intention of listening to the people, and was wholly unrepresentative of what a district representative should be,”
The sender, who is a constituent of Echevarria’s District 2, said she did not expect the response she received from him. She said someone else read the letter at the Merced City Council meeting to maintain her anonymity.
In the email, Echevarria specifically targets Murphy with the allegations:
“The tactics that Mike used were diabolical and I will bring forth the information about his actions through civil litigation,” read Echevarria’s reply. “Stay involved and informed. Mike is not a good person and he has been accused of SEXUAL Harassment and created a hostile work environment.”
Murphy said the email accusation made by Echevarria is a “complete fabrication and 100% false.”
Murphy said the councilmember is trying to deflect his own deficiencies. “Councilmember Echevarria appears to be completely detached from reality,” Murphy told the Sun-Star.
When asked by the Sun-Star to elaborate on the allegations, Echevarria said the hostile work environment claims were made by another city employee. He said the sexual harassment accusation may have been a part of the same incident. He did not think any reprimanding ever occurred.
However, in conversations the Sun-Star had with several city officials, thus far no one has said they have any knowledge of such complaints being made about Murphy.
“There have been no accusations against the mayor for sexual harassment or for creating a hostile work environment related to sexual harassment,” said City Manager Steve Carrigan.
Members of the City Council who were at the George Floyd protest event that triggered calls for Echevarria to step down have come to the mayor’s defense.
Councilmember Matthew Serratto said he has never witnessed or heard of anything corroborating the accusations Echevarria made against Murphy. Councilmember Anthony Martinez said he didn’t know about them, either.
“Mike and I have disagreed on a lot of issues, and I’ve never known him to be hostile or unfair,” Serratto said. “I’ve actually always appreciated the way our council has been so functional and we’re able to disagree on many issues.”
Echevarria did not attend the June 15 council meeting; he said his absence was because he feared further unrest. He said he will be at the June 29 council meeting.
Echevarria said he is not concerned about residents who say a recall process will move forward to remove him from City Council if he doesn’t resign. “My record shows what I’m doing for south Merced,” he said.
Councilman claims activist is a tool of the mayor
The airing of Echevarria’s letter at last week’s City Council meeting came following a confrontation between the councilman and local activists who’ve been critical of police.
The incident happened at the June 7 George Floyd rally in front of the Merced County Courthouse Museum.
Echevarria upset civil rights advocates after demonstrating a carotid control hold used by police and exchanging heated words with attendees gathered at the event, which was organized by the group Merced People of Color.
Echevarria said the demonstration was an informational display, and that he is against police using the tactic.
Video of Echevarria exchanging words with activists spread quickly on social media, causing many to make calls online for him to resign.
After that incident Echevarria threatened legal action against Gabriela Spiva, lead administrator of Merced People of Color, the group that organized the event.
Echevarria said Spiva jeopardized his safety by “inciting a riot against him” when he left the group’s event.
Videos of the incident show an exchange of heated words between Echevarria and the activists, but the footage does not show any indication that the incident was physical.
Echevarria in an interview with the Sun-Star alleged that Spiva and Murphy are working together to target him, and he was set up at the Merced People of Color event. He alleged the 20-year-old Spiva began her career with Murphy during high school in a City Council academy, which he said Spiva had told him she attended.
“He used her as a mouthpiece puppet,” Echevarria said, later adding, “Mike (Murphy) is solely responsible for the protest turning so ugly, and he knows it.”
Murphy denied the assertion, adding that Echevarria should apologize for how his embarrassing conduct has affected the city over the past few weeks.
“For him to deflect and go after protesters who have gathered peacefully for a very important cause is unacceptable,” Murphy said.
When asked about Echevarria’s claim, Spiva laughed and called the claim a “conspiracy theory.”
“If Mike Murphy and I were really collaborating, there would have been some changes to the police budget,” she said.
Spiva said she just recently met Murphy at a council meeting, and didn’t know what Echevarria was referring to as a “City Council academy.”
She said she doesn’t know whether there’s any truth to the accusations Echevarria made against Murphy, but said they appear similar in nature to Echevarria’s statements about her.
“I think that he wanted the people to go after me,” Spiva said of Echevarria stating she incited a riot. “So this is not the first time that he’s tried to utilize this tactic, and now he’s just shifted it to Mike Murphy.”
Complaints by other residents
Other city residents have also complained online about things Echevarria has said in email correspondences, and questioned his behavior.
While watching the June 15 meeting remotely, Sandra Hay sent an email to each council member with concerns over the city’s voucher program aimed at economic recovery. Hay is a Merced resident, but does not live in Echevarria’s District 2.
Out of all the council members, only Echevarria replied. He encouraged Hay to call him.
Hay told the Sun-Star she was hesitant to speak off the public record to Echevarria due to his behavior at the rally. She said she pointed out in her reply to him that he didn’t attend the June 15 meeting, thus there was no way for him to influence the vote.
Hay received multiple replies from Echevarria, which she posted to Facebook.
“I will personally continue to provide solutions to SOUTH MERCED!!!!!!,” one email read. “Stay out of our Business and provide direction for your DISTRICT! Anyway, Thank you for EMBARASSING (sic) Yourself,” Echevarria’s email read.
Hay said of receiving the response from an elected official was “very disappointing” and not composed in a “professional way.”
Echevarria confirmed the email to the Sun-Star. He said he was fed up with the negative messages he’s received — especially ones from those outside his district. “They’re trying to dictate how my district is run,” he said.
Monday’s censure vote ahead
Echevarria told the Sun-Star Friday that the censure vote wasn’t unexpected. While it may “quell” him temporarily, he said it will not stop his political career.
However, Echevarria said he’s unsure whether he will attend Monday’s meeting and will be speaking to his attorney about it.
Council members expressed disappointment over the ongoing conflict. “If you can’t trust each other, then you can’t accomplish anything,” Serratto said.
Murphy said he is concerned how the effectiveness of the city will be impacted until healing can take place. Martinez acknowledged the recent council meeting got “emotional” but, added “I also believe that council took a lot of things to heart.”
Martinez said the council has successfully moved ahead on projects, pointing to the council’s decision to move extra Measure Y funds toward parks and recreation following requests from the public.
Serratto and Martinez said they hope the disagreements between Murphy and Echevarria are resolved soon.
“There’s a lot of good relationships in that group that are not gonna let it fall apart,” Serratto said of the City Council, adding, “I think we just need to commit to focusing on the issues, and take any personal rivalries or any personal animosity out of it.”
This story was originally published June 26, 2020 at 11:37 AM.
