Wednesday, September 16, 2015

Sheree Lustgarten demands a hearing

This author was fortunate enough to attend the Patterson, CA City Council meeting last night. A number of agenda items were presented and then the meeting focused on an a report from Patterson City Attorney Tom Hallinan regarding the Sheree Lustgarten case. In that report, Hallinan had the statements of two private investigators who had looked into accusations of senior abuse at the Hammon Senior Center, allegedly committed by Council member Sheree Lustgarten. Among other things, Lustgarten is accused of having grabbed a Bingo card from one senior and taken an ice cream from another senior while providing services to the seniors at the Hammon Senior Center. Lustgarten also has been accused of threatening a member of the City Council. From the outset, Lustgarten has denied all of these accusations, claiming, in effect, that she is the victim of a politicized movement to discredit her and to force her to resign from office.

Patterson Mayor Luis Molina stated that he had not received written answers to questions from Lustgarten. Lustgarten responded that she had not received the questionnaire in the mail with the questions that she was expected to answer and that she was seeing the questions for the first time at last night's meeting. Molina then stated that he was giving Lustgarten until the Council's next meeting on October 6 to submit her answers in writing. At that point, Lustgarten pulled out two very large binders that she stated were full of testimony and documentation from seniors at the Hammon Senior Center stating, in effect, that Lustgarten had not ever been abusive to anyone at the center. Lustgarten even referenced a statement from a Catholic nun who is actively involved at the senior center corroborating that Lustgarten never was abusive to anyone.

Lustgarten demanded that Molina provide her with a hearing on the accusations against her. Molina reiterated that he wanted the written response from Lustgarten by October 6. Lustgarten repeated her demands for a hearing, asking Molina several times: "Are you saying that I am not entitled to a hearing?" Lustgarten stated emphatically that a hearing was the "fair" thing to do. Molina repeatedly restated his demand for Lustgarten's written responses to the questions.

Lustgarten brought out the fact that she had tried to play a video proving her innocence of the accusations against her at a previous meeting, but that Molina had ordered the showing of the video stopped after just a couple of minutes. Molina claimed that he had done so because, as he put it, "I don't like surprises." Molina said that Lustgarten should have warned her ahead of time that the video was going to be shown during the City Council meeting. Lustgarten retorted that she should not need the mayor's permission to show a video. Molina stated that it is not a matter of permission, but that he had not been warned ahead of time that "the seniors" would be showing the video and that the the video exceeded the time allowed for citizen comments. Lustgarten reminded Molina that she had shown the video during her allotted time as a council member, which is significantly longer than the three minutes allowed for citizen comments and therefore the video should not have been cut off. Molina restated that he had not been warned ahead of time that the video was going to be shown at the meeting. Lustgarten once again stated that she felt that she should not have to get permission ahead of time from Molina to share a video on an agenda item. Molina once again stated that Lustgarten did not need his permission but that he was not warned about the video ahead of time.

Lustgarten stated that she had called Molina several times and left messages to try to arrange to meet with him and show him the information in the two binders that allegedly clear her of all accusations against her. Molina claimed that he had not received any phone messages from Lustgarten to which she replied that not only had she called and left messages but so had several seniors who supported her. Molina then restated that he had not received any such phone messages. Lustgarten asked Molina if he would be willing to meet with her so she could present the documentation to him to which Molina replied, "Send it to me."

Lustgarten stated that she had statements from numerous seniors to the effect that she had been very supportive of seniors over the years, provided necessary meals, provided services to seniors and been been an invaluable resource for them. Molina then told the City Manager to get that information to him stating that if such information does exist, that it should be provided to him. Molina then addressed Lustgarten, once again demanding that she provide the written answers to him "before" the October 6 meeting. Lustgarten then once again asked, "So you're saying that I am not entitled to a hearing?" Molina then stated that Lustgarten had not been accused of a crime and that she was not entitled to "face her accuser." Lustgarten stated that all she wanted was a hearing and that it was the fair thing to do.

Molina stated that on September 16 (today) that there would be another court hearing on the temporary restraining order that had been issued previously, banning Lustgarten from the Hammon Center and from City Hall except for City Council meetings. Molina stated that the results of that court hearing would have an impact on the entire matter, to which Lustgarten replied, "How is that?" Molina provided no answer, other than to say, "We'll see" what transpires.

Commentary: It appears to this observer that somebody, somewhere along the line does not want the truth to come out. Why an elected mayor of a city would refuse to examine hundreds of pages of documentation, personal statements and written evidence that the accusations against one of his council members are erroneous and patently false is beyond the scope of everyday logic and reasoning. Doesn't it reason that if someone is accused of something and that person has documentation proving otherwise, that the fair and prudent thing to do would be to examine such documentation before making demands for written answers to the very same accusations? It appears that the logical and prudent thing for Molina to do would have been to promise to review Lustgarten's documentation in her presence, and to have arranged for a public hearing on the accusations against Lustgarten before requesting any written answers from her. It seems that this matter could be resolved relatively quickly with a hearing that would include Lustgarten's written documentation in her binders as well as the showing of the video that allegedly exonerates her as well. This matter has been allowed to fester into a great big blister because somebody is not allowing the truth to come out.

If seniors are supposedly upset over the services that have been provided by Lustgarten and the hundreds of meals that she has prepared for them, then let us hear from the seniors directly. Let us see the video in which numerous seniors attest to the quality of service provided by Lustgarten. Let us see the documentation provided by Lustgarten that to date has never been seen by Molina or by any of the other members of the City Council. Let the hearing take place and allow the truth to emerge once and for all.

Mayor Molina wants Lustgarten to undergo a fitness test to serve on the council. It appears to this observer that this entire matter is one big fitness test for Molina and the rest of the council, and thus far they are not passing. "The truth, the whole truth and nothing but the truth" is the only thing that will make a passing grade. So long as there is no hearing for Sheree Lustgarten and no examination of her documentation, the truth will remain an unwilling captive to some people's unfettered ambitions for higher office and other profitable opportunities.