‘I’m not gonna resign.’ Merced councilman defiant amid censure, public calls to step down

Merced City Councilmember Fernando Echevarria attended his first meeting in almost 60 days Monday, and thus was able to maintain his seat despite a series of absences.

His return to the council dais, however, was not met warmly by the public, or by his fellow councilmembers.

The seven member City Council voted 6-1, with only Echevarria dissenting, to formally censure the District 2 council member.

Passing the censure resolution officially denounced Echevarria’s recent behavior. It also removed him from any committees he serves on, in order to limit his interaction with the public.

Following pleas by the public at prior council meetings, asking Echevarria to resign, members of City Council joined in that call during Monday’s meeting.

“It’s like every time you try to say something, councilmember, you just blow it,” Councilmember Anthony Martinez said of Echevarria. “Personally, I think it’s gotten to a point where you need to resign or you’re not going to be very effective,” he added.

Councilmembers Matthew Serratto and Jill McLeod agreed.

Despite the opposition from his colleagues, Echevarria was not swayed. “Let me state for the record, I’m not gonna resign,” Echevarria said in response to the calls for his resignation. “I am District 2 . . . If no one likes it, I really don’t care.”

Cries for Echevarria to resign and threats of constituents organizing a recall process to remove him have grown in recent weeks. Animosity escalated last month after he made heated comments about homeless people who are angry about being poor not being “his problem.”

Some members of the community also took offense after he had a carotid hold, which looks much like a choke hold, demonstrated on him at a rally following the death of George Floyd.

Echevarria also made apparently unfounded accusations against Murphy of creating a hostile work environment and sexually harassing a former city employee. Murphy has denied each of the allegations, but Echevarria says the mayor used public money to sweep them under the rug.

Echevarria has said the recent incidents were misconstrued or falsely represented, in part due to what he describes as conspiring between Merced Mayor Mike Murphy and local activist Gabriela Spiva, lead organizer of Merced People of Color. Both Murphy and Spiva have denied Echevarria’s allegations.

Echevarria also confronted Mayor Murphy at the meeting. “I’m gonna ask you one question, Mike, about creating the hostile work environment and the other allegations: are you calling me a liar?” Echevarria asked Murphy. He later said he would be filing a complaint against Murphy Monday night, which he said will go to litigation.

“This is not an inquisition,” Murphy said in response. “Its nice that you’ve shown up to a meeting. We’ve gone through this in the newspaper, now you want to deflect,” he added.

Spiva also responded to Echevarria’s question. “I’ll tell you to your face: you’re a liar,” she said, adding, “You’re ridiculous. Resign.”

Spiva noted Echevarria’s refusal to apologize to her, as well as the public, after threatening legal action following the rally in support of Black Lives Matter, where he demonstrated the choke hold.

Echevarria has repeatedly said Spiva, at the beckoning of Murphy, incited a riot against him when he left. But many have said video of the event does not corroborate Echevarria’s allegations.

A new point of contention arose for Echevarria at the meeting when he refused to wear a face mask, despite Gov. Gavin Newsom’s statewide order intended to prevent the spread of the coronavirus pandemic. All other councilmembers and city staff wore face masks.

Multiple members of the public asked Echevarria to put one a mask, pointing out that it is mandatory. Kidra Avery, who attended the meeting, brought up a sign to the podium that was posted at City Hall stating masks are obligatory.

Echevarria said that wearing a mask is not required, and when told otherwise said, “I don’t care.”

Over two hours into the meeting, the gathering was adjourned and Echevarria then returned wearing a mask.

“The Merced community, and especially District 2, deserves way better,” said Melinda Gonzales, who spoke at the meeting. “Not wearing a mask is a clear reminder of that.”

This story was originally published July 21, 2020 at 6:00 AM.