Hermosa Beach Mayor Francois bangs gavel to return order to council press discussion

by Kevin Cody

Hermosa Beach City Manager Suja Lowenthal will have final say on the contents of city press releases, City Council members will “refrain from direct contact with the media prior to City Council decisions,” and Council letters of support may be sent by the City Manager and the Mayor without council review under revisions to the city’s communications policy approved by the City Council at its Tuesday, September 10 meeting.

The update to the city’s Communication Plan and Protocols followed an hour and a half of what Mayor Dean Francois called “heated debate,” during which he twice banged his gavel to restore order.

“I think tomorrow’s press release is going to say, ‘Council spent an hour on a communications plan that should have taken five minutes,’” Councilmember Raymond Jackson said an hour into the discussion, which lasted an hour and 30 minutes.

The updated protocols were approved by Councilmembers Jackson, Rob Saemann, Justin Massey, and Michael Detoy.

Francois abstained on the vote, rather than voting no.

“My abstention reflects my disapproval and signals that I don’t think it should have been considered in the first place… I believe it’s unnecessary and infringes upon the ability of elected officials to freely communicate with constituents and the press,” Francois said following the meeting. 

Francois’ objections began with the staff report recommendation that city press releases be drafted by the city manager and the city public information officer, “removing elected officials from the drafting process…” 

Under the current policy the city manager collaborates with the mayor and mayor pro tem in drafting press releases. The change was proposed to “prevent the perception of politicizing press releases by removing elected officials from the drafting process…” the staff proposal stated. 

Francois argued the mayor and mayor pro tem should continue to have input on the press releases, but agreed the city manager should have final editing rights. 

Councilmembers Saemann and Detoy initially concurred with Francois.

Councilmember Jackson did not. “I don’t see why the mayor or the mayor pro tem, or anybody needs to review the press releases,” Jackson said. 

As a compromise, Councilmember Justin Massey proposed keeping the mayor and mayor pro tem involved in drafting press releases, but only “if time permits.”

The compromise was agreed to by all but Francois.

Mayor Pro Tem Rob Saemann took issue at the Tuesday, September 10, Council meeting with the staff report statement that the majority of the council agreed at it’s June 1 retreat that it is inadvisable for councilmembers to speak with the media on upcoming and past agenda items. Source: City of Hermosa Beach Communications Plan Update

Francois next expressed opposition to the staff recommendation that “City Councilmembers should refrain from direct contact with media prior to or following a City Council decision.”

“We should be free to talk to the press unrestricted on an item ahead of time if we don’t divulge our position…. After we’ve voted, we certainly should be encouraged to talk to the media and explain the reasons why we voted on something afterwards,” Francois said.

“We had an issue about parking meters recently, where we voted 3 to 2 to begin [enforcement] at 8 in the morning instead of 10. A fellow council member and I were interviewed by the media, and when it came back for a second reading the vote changed and our parking meters remained at 10. That’s the democratic process working to the fullest extent, using our media to get [people] involved.”

Councilmembers Detoy and Saemann agreed with the staff proposal that councilmembers shouldn’t talk to the media about upcoming council votes because their comments might indicate a predetermined bias.

But Detoy and Saemann agreed with Francois that after the council has voted on an issue, councilmembers should be allowed to speak freely to the press. 

“I looked up ‘refrain’ in Miriam and Webster….That’s a strong word, it’s prohibitive in my mind,” Detoy said. “We have the First Amendment in this country….”

Councilmember Massey disagreed.

“We have duly noticed meetings so the public can come down here, or tune in, and hear exactly how we feel about an issue.

“Allowing a council member to put a gloss on how they voted by calling up a reporter the next day and saying, ‘Here’s what I really thought… It deprives everybody who comes to our meetings expecting to hear us articulate why we vote the way we do.”

Despite Massey’s argument, the majority agreed to delete the staff’s recommendation that councilmembers refrain from discussing past council votes with the media.

Francois’ third major objection to the staff’s proposal related to allowing Letters of Support on issues of community concern to be sent out by the city manager and mayor without review by the entire council. 

“Every letter expressing Council support should be approved by the council, or it just doesn’t get sent,” Francois argued. A special council meeting could be called to review the letter if it needs to be sent before the next scheduled  meeding, he said.

The rest of the council disagreed.

“If we get a request for a letter of support on legislation that’s being voted on before our next meeting, it doesn’t make sense to call a special meeting [to review the letter]. If the Mayor and the City Manager believe it’s consistent with council policy, they can send the letter out,” Councilmember Saemann said.

The evening’s most heated exchanges were between councilmembers Jackson, and Massey, and two residents who voiced opposition to the proposed Communication Protocols Update.

Resident Elka Worner, a former Easy Reader reporter and candidate for City Council, characterized the proposed revisions as “stifling dissent and allowing the city manager to control the narrative.”

“I’ve been a reporter and television news producer for 25 years, so I’m very concerned about your updated media policy,” she told the council.

“It’s really hard to get information from the city, and I think this policy will make it even harder,” she said. 

“When I worked as a reporter for Easy Reader, I couldn’t talk directly to city officials. I had to submit my questions in writing to the Public Information Officer. Then I would get a response in writing from the Public Information Officer.

“Usually, reporters sit down with city officials for interviews. It’s better that way because we get the information directly from the source. There’s back and forth for clarification. 

“During my three years at the paper I never sat down once for a face-to-face interview with a city official.

“I’ve interviewed celebrities, politicians, and even the Taliban face to face when I covered the war in Afghanistan. 

“I’ve actually had more interviews with the Taliban than I’ve had with our city manager,” Worner said.

Councilman Jackson, a retired U.S. Army Colonel, took offense at Worner’s comments,

“Ms. Worner, your comments are absolutely reprehensible. On the eve of 9-11 you have the audacity to stand up here and talk about the Taliban and our city manager. And you think that’s appropriate.”.

“Ms. Warner calls herself a journalist. She mentioned Easy Reader, and, as we know, Easy Reader is not concerned with facts. They’ve published articles without checking with the city, and without even giving the city ample opportunity to reply.”

“I’d appreciate it if you would speak to the issues,” Mayor Francois interjected.

“I have the microphone, Mr. Mayor…and if you don’t like it, then tough.” Jackson said. 

“She’s the one, Mr. Mayor, who equated our city manager to the Taliban…. Fox, in journalism, is an oxymoron, and that’s who she worked for. 

“We are elected by the people,” Francois said. “We should respect people’s positions.” 

“On the eve of 9-11,” Jackson continued, “she’s talking about it being easier to talk to the Taliban than someone in the city. There’s not an organization in the free world that would let any reporter waltz into the office, into their city yard, or whatever, and talk to any employee anytime, anywhere. That is unheard of. So yes, there is a protocol for a reporter to talk to somebody. You go through the city staff, and then the city staff will either provide a statement or not. But to say you were denied your opportunity to get information because you just can’t walk up to anybody, anytime is ridiculous.” 

Councilmember Saemann suggested to Jackson, “Maybe you’re a little too upset to realize that Ms. Worner is a citizen in Hermosa Beach and has the right to say what she wants to say at these meetings… It does no one any good to disparage anyone, whether you agree with them or not.”

“Rob, did you say anything to her when she was comparing your city manager, our city manager to the Taliban?” Jackson asked.

“She did not compare the city manager to the Taliban,” Saeman answered.

Francois banged the gavel for the second time during Jackson’s comments to bring the discussion about Worner and the Taliban to an end.

Later in the meeting, Massey reopened the discussion about  Worner’s comments, stating, “She spent her career at Fox News and Fox Business Network, neither of which practice journalism.”

“The paper she worked for, Easy Reader, repeatedly misquoted and misreported events, and, in fact, in the past 12 months, as Councilmember Jackson pointed out, they published two stories casting the city in a bad light that were inaccurate, and that they hadn’t even consulted with the city on, despite the city’s stated willingness to follow up and provide accurate information.”

“If she worked for CNN,” Councilman Saemann asked,  “would you think everything would be all grand. Is that what you’re trying to say? Let’s keep politics out of this.” 

Massey and Jackson were similarly unappreciative of comments to the council by resident John Burry.

Burry told the council during public comments, “By all means, develop a solid crisis communications plan. That’s good governance. But this constant choreographing of agendas and narratives by the city manager is overbearing, and it’s unnecessary.” 

“Council members are trusted enough by voters to get elected. We should trust them to use their own judgment as to whom they talk to.” 

“I engaged in a public Facebook discussion with Councilmember Detoy just this weekend. 

Nobody died. 

“I watched Councilmember Saemann present the Chamber of Commerce Infomercial last night on the tax measure. Nobody died. He did, however, say out loud that you spend too much money on consultants. So I assume he’s going to have to sit on the naughty step for a bit and think about what he’s done.” 

“This council does not work by cabinet responsibility. It works by individual vote and majority,” Burry said. (Burry is from England, where cabinet members traditionally support their government’s positions, whether or not they agree with the positions.) 

Massey responded to Burry’s comments shortly before the end end of the evening.

 “I just want to make one last comment about Mr. Burry and his comments,” Massey said. “If you can come in here and you make personal attacks directed at particular staff, as Mr. Burry has done several times, and then you don’t have the nerve to sit through our response, perhaps you ought to rethink your approach.” 

Burry had left the council meeting before Massey’s admonishment. ER