Consistently absent Merced councilman faces loss of seat, if no show at Monday’s meeting
The future of representation for south Merced’s City Council District 2 hangs in the balance, as Councilmember Fernando Echevarria on Monday faces the possibility of being censured — and could potentially lose his seat.
City Council unanimously took action June 29, minus the absent Echevarria, to draft a censure resolution. In addition to City Council officially denouncing Echevarria for recent behavior, the resolution would remove him from any committees he serves on in his role as a councilman.
The council will decide whether to pass the resolution Monday via a majority vote. Echevarria will have to opportunity to respond to the resolution and defend himself. If adopted, the public censure of the councilman will be effective immediately.
Adding to the conflict is the fact that if Echevarria fails to show Monday, he will effectively forfeit his seat.
Council members are permitted to miss meetings only within a 60 day window. Echevarria has consecutively missed the regular June 15 and July 6 meetings, plus a June 29 special meeting.
According to the city’s charter, an absent councilmember’s seat is declared vacant by City Council after the 60 days. City Council fills the vacancy by appointing a qualified resident to hold office until the first Tuesday following the next general municipal election when a successor is elected.
If City Council doesn’t fill a vacancy within 30 days, an election is held. However, Echevarria told the Sun-Star on Friday that he will be at Monday’s meeting.
City officials and members of the public present at meetings and online have expressed their dismay at Echevarria’s absenteeism.
Echevarria‘s lack of attendance has been noted ever since animosity with some constituents and council members began to heat up in earnest last month. Incidents outlined in the censure resolution include:
1. Shouting at homeless advocate Monica Villa at a council meeting. Echevarria said that homeless people who are angry about being poor are not “his problem.” Echevarria later told the Sun-Star that he stands by those comments.
2. Having a carotid hold, which looks much like a choke hold, demonstrated on him at a rally following the death of George Floyd. In video of the event, Echevarria is heard telling the individual holding him to do so “harder,” and then saying the words, “I can’t breathe” — words said by Floyd prior to his death. Echevarria said the demonstration was meant to show that the carotid hold is unethical and should be banned by law enforcement. Still, many found the demonstration offensive.
3. Making unfounded accusations against Merced Mayor Mike Murphy. He also claimed that Murphy and local activist Gabriela Spiva, lead organizer of Merced People of Color, conspired to target him.
3. Threatening legal action against Spiva after he alleged that she incited a riot against him when leaving the George Floyd event. Many say video of the event does not appear to corroborate Echevarria’s allegations.
4. Complaints from constituents that the councilmember sent them inappropriate or rude emails.
Murphy, the other five council members and several members of the public agreed at the June 29 meeting that Echevarria’s behavior is inappropriate for an elected official and violates the city’s adopted values statement, ethics and code of conduct.
Multiple speakers at recent meetings have urged a recall process removing Echevarria from office to move forward. Echevarria recently told the Sun-Star that he is unconcerned about that.
Echevarria has repeatedly said many of these incidents have been misconstrued or falsely represented. He’s said his record shows what he’s done for south Merced, and that he continues to receive support from his constituents.
