The Motion to Censure Pat Meyering - Legal/Moral Issues

Permanent link:

 http://calpensionsbrief.blogspot.com/2013/05/the-motion-to-censure-pat-meyering.html

(for a video of the incident go to:
http://calpensionsb rief.blogspot. com/2013/ 05/pat-meyering- censured. html  )

The City Council meeting tonight, May 7th, 2013 at City Council Chambers, 456 W. Olive Ave., Sunnyvale, CA should not be a time when a motion to censure Councilman Meyering is voted on.  The appropriate thing to do is refer the issue to a neutral panel (such as three retired judges - similar to an arbitration procedure) which can consider the issues and decide whether there is cause to proceed.  If probable cause is established the city council should refer the case to an impartial adjudication panel, since the majority of the City Council is the complainant.  (C.f., http://government.lawyers.com/Impeachment-and-Censure-of-Elected-Officials.html ).  The current situation puts the complainants (4 out of 7 on the CC) in the positions of:

1.  "the accuser": who can not possibly be considered objective as evidenced by the fact that they are declaring themselves an aggrieved party - they feel their honesty has been called into question.

2.  "the district attorney":  who would decide if there is a case worth bringing,

3.  "the grand jury": a body of unbiased citizens convened to decide if the govt. has probable cause to initiate an action.  Without a grand jury the govt. could initiate false but very costly harassing claims against anyone it doesn't like, losing all of them but effectively punishing and silencing opposition.  A grand Jury is a basic protection against government abuse of power.

4.  "the judge": an unbiased neutral party who determines that proper procedure is being followed and the legal rights of both accuser and accused are being observed.  The city council cannot fulfill that role since it is by definition biased as the accuser.  Neither can the city attorney because her employment depends on the city council.

5.  "the jury": unbiased individuals who are to impartially weigh the evidence and decide if the accuser is correct, has proven his case beyond reasonable doubt, and suggest a punishment.

For the CC to proceed with a vote tonight would be a travesty of justice.