Two prominent Merced business owners file complaints against ‘rude’ City Council member
A member of the Merced City Council could face repercussions after two prominent local business owners filed formal complaints, calling alleged language she used “unacceptable” and “vulgar.”
The grievances concern Councilmember Bertha Perez, who according to the complaints acted inappropriately toward Tim Razzari and Terry Ruscoe during two separate incidents in September.
Perez represents Merced City Council District 3. Razzari is the owner of Razzari Auto Centers and Ruscoe is a real estate broker, general contractor and founder of Merced Yosemite Realty.
According to the complaints, each incident involved Perez directing improper comments toward the local businessmen’s professional roles.
Each made their objection to Perez’s alleged misconduct public during the public comment portion of the Sept. 20 City Council meeting after Razzari notified the city of his complaint on Sept. 13 and Ruscoe on Sept. 15.
The council on Monday will consider whether Perez will face ramifications.
“These situations, we have an obligation to have it heard at the council level, we value transparency,” Merced Mayor Matt Serratto told the Sun-Star. “We have a pretty thorough code of conduct and we have to see if there’s a violation of that.”
Attempts by the Sun-Star to reach Perez by Thursday afternoon were unsuccessful.
The council member did respond to the accusations via a Facebook comment on Oct. 29. Perez said that she would speak to the allegations during the Nov. 1 City Council meeting.
Her Facebook comment read as follows:
“I will present my side of the story Nov 1 at 6 pm city hall, how they returned my truck with broken windows and leaking oil with documentation stay tuned.......I also sent that email using my private email...And what he forgets is he sent me an email asking me why I wouldn’t take my truck there any more ? I only responded after like 500 emails they sent me and instead of apologizing they want to make them self the victim here.”
What the complaints say
A “crass” email from Perez to a Razzari Auto Centers service manager sparked the first complaint against the council member, according to city documents.
“Razzari Sucks. First they never fix my truck right, then they broke out windows in my truck while left over night to fix in your shop under your care and I was told basically to bad, so (expletive) Razzari he is a crap person in my opinion. (Expletive) Razzari they suck!!!!” the email from Perez to Razzari Auto Centers said.
In a City of Merced discrimination, harassment and retaliation prevention policy complaint completed by Razzari on Sept. 13, he said he filed the form due to Perez’s character assault on him individually and her use of language that is “totally unacceptable.”
“I believe City Councilwoman Perez should be sanctioned and disciplined. She speaks as a representative of the City of Merced. Her comments are crass, rude and in very poor taste,” the complaint said.
Razzari also requested that Perez be recused from any matters relating to himself, his business and his family “as she is prejudice and biased.”
The second incident took place a short time later on Sept. 15, city documents show, when Ruscoe was meeting with employees after a successful city inspection of a new duplex his business is building on West 23rd Street.
According to Ruscoe’s account, a vehicle pulled up in the eastbound lane and the driver began yelling at the group. The female driver targeted Ruscoe and shouted something to the effect of, “Yes, you in the white shirt, you laughed at me, and nobody (expletive) laughs at me. You’ll be sorry. You’re going to be sorry.”
Ruscoe’s complaint said the group was concerned that the driver was preparing for a violent encounter. She then yelled that she was on the Merced City Council and that “(Ruscoe) laughed at the wrong (expletive) person.”
It was then that Ruscoe realized the driver was Perez, his complaint said.
Ruscoe said he recognized Perez from council meetings he attended where he shared his personal and professional opinions concerning real estate matters. The complaint said that Ruscoe asked Perez to “move on” but she continued to speak, eventually giving him the middle finger as she drove away.
“The fact that the altercation and her threats happened at my job site put me and my business in a very difficult position as the supervisor/general. Her strange and aggressive behavior toward myself and my team, I felt, required a call to the police,” Ruscoe’s complaint said.
The Merced Police Department advised Ruscoe to contact City Manager Stephanie Dietz about the incident. While on the phone with a police officer, Perez returned on foot and with a phone pointed at the group of workers while continuing to shout, according to Ruscoe.
He informed her that he had the Merced Police Department on the phone and she left, he said.
Ruscoe said in his complaint that he assumed Perez’s comments alluded to the Sept. 7 City Council meeting where he spoke about affordable housing policies.
“I would like to note that I am concerned for myself and any other member of the public that wants to come and exercise their right to speak at a council meeting,” Ruscoe’s complaint said.
“We must now fear retribution and attack from elected officials who disagree with our opinions or our participation in this very important venue for democratic process.”
What happens next?
The Merced City Council will consider the allegations against Perez during Monday’s council meeting. The City Council’s values statement, ethics and code of conduct will be used as a guide in determining how to move forward.
Depending on the electeds’ discussion, the council can decide to either move on from the matter without consequence for Perez or direct city staff to draft a censorship resolution to be considered at a later meeting.
A majority vote by the council concerning how to proceed, which includes Perez’s vote, will decide whether staff begins drafting documents to begin a censure process.
Censure of a public official takes place when an elected body believes that a member has acted outside the scope of their authority, or engaged in generally inappropriate conduct. Censure expresses disapproval of the conduct and is the primary disciplinary action available for elected officials, absent a citizen-spurred recall election.
If Perez faces censorship, the process will look similar to when Councilmember Fernando Echevarria was censored last year.
Perez is serving her first term after being voted into office during the November election.
This story was originally published October 28, 2021 at 2:38 PM.
