Politics & Government

San Juan Capistrano City Council Implodes, Will Investigate Itself

Accusations and insults fly at Tuesday's meeting.

Originally posted at 11:31 p.m. Nov. 5, 2013.

The San Juan Capistrano City Council essentially imploded tonight, with threats, insults and ultimately a vote to investigate two of its own.

Any sense of decorum the split council had tried to maintain in the last three years fell apart as, for more than two hours, the members discussed – often interrupting each other – a vote that may or may not have happened behind closed doors to ban newspaper racks at City Hall and at the Community Center.

Find out what's happening in San Juan Capistranowith free, real-time updates from Patch.

The council voted 3-2, with targeted councilmen Roy Byrnes and Derek Reeve opposed, to spend up to $25,000 on a retired judge to serve as an independent investigator. The task would be to determine whether Byrnes violated the state’s law governing closed-door meetings, called the Ralph M. Brown Act, when he revealed what he thought had happened in an August closed session from the dais at the Oct. 1 council meeting.

“I would have not brought these items to the attention of the City Council if I had not thought they were serious,” said Councilman Larry Kramer, who made the motion to start the query. “I’ve never been aware of a City Council member disclose something in closed session let alone during a City Council meeting.”

Find out what's happening in San Juan Capistranowith free, real-time updates from Patch.

The investigator would also determine whether Reeve has a conflict of interest in representing the Community Common Sense newspaper, which placed its own news racks at City Hall just before the August decision that no racks be allowed. The watchdog advocacy paper is often critical of the council majority.

However, Reeve – who said he recused himself from any discussion about the news racks – went on the attack, saying it was the majority that violated the Brown Act by taking an issue which had no business being addressed behind closed doors. He said councilmembers even violated the First Amendment in banning the news racks.

Assistant City Attorney Patrick Munoz said any investigation would also have to include Reeve’s accusations as they concern the same events in question.

Kramer said an investigation would do no harm if no wrongdoing was found.

Byrnes disagreed, asserting there is a harm – to the city’s reputation.

“This city demands that we stop acting like children,” Byrnes said.

But Councilman Sam Allevato said he didn’t believe the councilmen were being childish in pursuing the matter.

“I consider this very serious,” he said.

Reeve called the move “pure[ly] political. Sam’s getting recalled, and you need a distraction,” he charged. He also threatened to go after the majority councilmen in court, which could add up to half a million dollars that they would have to pay out of their own pockets.

“If you guys come after me and Roy, you three will be opening yourself up to personal liability,” Reeve said. “I’m not going to roll over. I’m not going to be bullied.”

Many residents spoke, mostly in favor of Reeve and Byrnes. Steve Behmerwohld tried to broker a deal. He suggested the majority drop the investigation if supporters of the Common Sense newspaper drop the recall.

Exasperated at one point, Byrnes said: “Frankly I don’t care what you do, I ain’t going to jail yet. I’ve done nothing to deserve it.”


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here