California’s central valley: Editorial cites disdain for Brown Act in call for action against three Highson city councilmen

Just when we thought city politics in Hughson couldn’t get any worse, they have.

Last week’s meeting provided another example where it appears that three councilmen — Thom Crowder, Doug Humphreys and Ben Manley — don’t understand or respect the Brown Act, the state’s open meeting law. It defies believability that all three just happened, without any consultation, to suggest that the city manager’s contract be placed on that agenda.

And then the meeting deteriorated into open hostilities, leaving a respected community leader in tears and other concerned citizens in shock or anger. Several citizens called for Crowder, Humphreys and Manley to resign — as the grand jury recommended in December.

Finally, on Tuesday, Crowder, who is at the center of controversy, told Bee reporter Patty Guerra that he considered his critics “contentious little rats.”

Our question: Can this five- member council get back on track so it can make decisions and function effectively and within the law, at least through November, when three council seats are up for election? We’re skeptical.

So the next question becomes, what can be done? Crowder, Manley and Humphreys don’t appear to have any intention of resigning.

We strongly urge the Stanislaus County district attorney and the state attorney general’s office to look seriously at this situation and whether criminal charges should be filed. But that isn’t an instant solution. No matter how offensive their behavior may be, elected officials deserve their day in court.

So a recall effort may be the only option, though there is a timing problem in Crowder’s case.

In principle, we believe that recalls should be reserved for cases where an elected official has abandoned or seriously violated his or her responsibilities in office. Not liking someone’s votes isn’t sufficient cause; recalls should be limited to egregious cases, when the performance of one or more elected officials damages the credibility of a whole organization.

It appears that time may have come in Hughson.

Crowder is the most appropriate target for a recall because his behavior has been the most outrageous. Not only does he show disdain for his constituents and for the state’s open meeting law, but the grand jury concluded that he violated the Fair Political Practices Act in regards to an item on which he had a conflict of interest and in offering to use his position as a council member to influence the Board of Supervisors in exchange for employment.

However, Crowder’s current term expires in November, and the State Elections Code prohibits a recall against an elected official less than six months before the end of his or her term. We doubt there’s time to pull together a recall campaign against Crowder in the next few weeks.

Now is the time for citizens unhappy with Crowder’s performance to identify one or more challengers to run for that seat in November. They would have an ample time to become familiar with city issues and to mount a successful campaign. (See information on the adjoining page about a free Feb. 10 workshop for prospective candidates.)

Manley and Humphreys both were elected in November 2008, so they have more than two years left in their terms. There is sufficient time to pursue a recall against them if they don’t turn around their behavior.

And we urge Mayor Ramon Bawanan and Councilman Matt Beekman to do their best to stay above the fray. Hughson residents need to tell all five of them — in person, in e-mails and at council meetings — that they expected better of their elected leaders.

Copyright 2010 The Modesto Bee