‘I do have values.’ Merced City Council member responds to two business owners’ complaints
Emotions flared on both sides of the dais at Monday’s Merced City Council meeting as officials listened to scores of residents air their feelings over complaints filed by two Merced business owners against City Councilmember Bertha Perez.
But the late-night discussion ended in a unanimous vote to abstain from imposing consequences on Perez.
“We’ve all got to do better, we’ve got to stop pitting people against each other,” Merced Mayor Matt Serratto said after the vote, noting hateful comments thrown around by people on each side of the argument and frequent disorder during the meeting.
The spirited debate centered upon complaints brought forward by Tim Razzari and Terry Ruscoe. Each alleged that District 3 City Councilmember Bertha Perez behaved inappropriately toward them during separate incidents in September. Several other reportedly negative interactions between Merced business employees and Perez were relayed during the meeting.
Because the council was scheduled to consider whether the complaints necessitated disciplining Perez via a censure process, Monday’s meeting drew business owners and residents from Merced and beyond who spoke both in defense and criticism of the council member.
Censure of a public official expresses disapproval of their conduct and is the primary disciplinary action available for elected officials, absent a citizen-spurred recall election.
While many residents on Monday decried the council member’s alleged behavior, even more showed up in defense of their elected representative.
“I may have said some bad words, but I say those every day. I’m not a scholar but I do have values,” Perez said before apologizing for her colorful language. “We’re in a free country, we still have freedom of speech. Just because I’m an elected official doesn’t mean I’m not a private citizen.”
What’s behind the complaints
Razzari, the owner of Razzari Auto Centers, filed a complaint with the City of Merced in September after his business received a “crass” email from Perez that used several expletives and attacked Razzari’s character, according to the complaint.
Razzari requested that Perez be recused from any City Council matters relating to himself, his business and his family “as she is prejudiced and biased.”
Ruscoe, a real estate broker, general contractor and founder of Merced Yosemite Realty, claimed in his complaint that Perez shouted at him and employees from her truck while the group was on-site at an affordable housing development that’s under construction.
According to the complaint, Ruscoe believes the incident was spurred due to Perez disagreeing with comments he made about affordable housing during a City Council meeting.
Ruscoe called the Merced Police Department shortly after the alleged altercation with Perez and was advised to bring the matter to the city’s attention.
Perez on Monday apologized for her “bad words” and gave context to the incident involving Razzari. The council member showed images of her truck window smashed out at Razzari Auto Centers, where she said the vehicle was returned to her with broken windows and leaking oil.
“This shouldn’t even be city business,” Perez said. “I don’t hate you or any member of your family,” she added, noting that she would “enjoy voting yes” on any positive projects Razzari brings to the city.
What Merced residents, City Council had to say
The conversation on Monday largely centered on whether Perez’s alleged behavior was unacceptable for a City Council member. Some residents argued that elected officials should be held to a higher standard at all times.
“I only wish (Perez) had been more professional,” said Jared Ruscoe, speaking on behalf of his father Terry. “I think when you’re sworn in, you need to be held to a higher standard,” he added in his own words.
Others who spoke said officials cannot be expected to constantly behave professionally when acting as private citizens during day-to-day interactions.
“This is really petty,” resident Alyssa Castro said of the complaints. “(Perez) has an identity outside of being a council member.”
Several speakers on Monday criticized Razzari’s request for Perez to abstain from voting on anything related to himself or his business. To consistently remove District 3’s vote on such matters would strip a whole city region of political power, some said.
Members of the public and council alike asserted that the issue between Perez and the businessmen was a private matter that shouldn’t be taking up city time and resources in the first place.
“Policing everybody up here, it’s not my job,” said Councilmember Kevin Blake, noting that censure is solely symbolic in nature. “I’m not voting to censure (Perez) tonight, but I’m also not saying the behavior’s okay,” he said.
Councilmember Delray Shelton told the public that the way Perez is said to have spoken to the complainants reflects the same manner in which she speaks to her friends and colleagues.
”(Perez) has a mind of her own and she can’t be bought, and I can’t say that for everybody. She is firm and she is blunt and she is stern,” Shelton said.
Dwight Larks, a real estate agent and Merced property owner, said censure of a council member for foul language alone is “incredibly dangerous.”
The discussion hearkened back to when the Merced City Council voted to censure Councilmember Fernando Echevarria last year. This time, however, the council opted for the opposite path.
Blake said that he immediately regretted voting to censure Echevarria last year and made a commitment to never again censure a fellow council member due to outside pressure to pacify individuals.
Blake advised that Perez apologize, the two complainants accept and that the city move on to more pertinent issues.
“I’m not here to censure anybody,” Echevarria said, echoing Blake.
Echevarria noted that the process of considering censure of another council member after going through it himself was “emotional.” “It’s just time for us to heal,“ Echevarria said.