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HomeMy WebLinkAbout2003-34 - Council Member Nichols CommentsRESOLUTION NO. 2003 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION IF HE IS UNWILLING OR UNABLE TO ABIDE BY HIS OATH OF OFFICE SECTION 1: The City Council of the City of Newport Beach finds and declares as follows: A. On November 5, 2002, Council Member Richard Nichols was duly elected to the Newport Beach City Council. Nichols was seated as a member of the City Council after taking the oath of office during a ceremony conducted on December 10, 2002. In taking the oath of office, Council Member Nichols, like every member of the City Council, swore to uphold the Constitution of the United States and the Constitution of the State of California. B. On October 22, 2003 and during the regular meeting of the City Council, Nichols testified during a discussion of the crosswalk at the intersection of Iris and Coast Highway in Corona Del Mar. During his testimony, Nichols stated that a "Mexican" driver caused an accident at that intersection by stopping without good reason. When questioned later by the media, Nichols reportedly said "What I have a problem with is illegal aliens with special rights demanding special treatment" and said he witnessed the accident and saw "this guy getting out of his car and yelling and demanding special treatment." When asked about the national origin /ethnicity of the driver, Nichols said "1 have no reason to believe he was illegal ... I was just pointing out that he was Hispanic." C. During his campaign for City Council, Council Member Richard Nichols (Nichols) made a statement during at least one candidate forum that implied "Mexicans" improperly cause accidents and then collect money from the victims. D. On June 17, 2003, Council Member Nichols, in discussing a proposed City project to construct improvements on State -owned property at Corona Del Mar State Beach that involve, among other things, an increase in the width of a grass strip between the sand and parking lot, told a reporter from the Daily Pilot that: "With grass we usually get Mexicans coming in there early in the morning and they claim it as theirs and it becomes their personal, private grounds all day." E. In a conversation with Mayor Bromberg shortly after the June 17th comments, Nichols, in discussing his earlier October 22 "d comments concerning the accident at Iris and Coast Highway, confirmed that while he couldn't be sure that the person was a "Mexican" it probably was because it's the Mexicans that do these phony accident rings and rip off the white people in CDM. F. Council Member Nichol's comments on June 17, 2003 have generated local and regional print and broadcast media coverage, numerous letters to the local newspaper and testimony from individuals representing Hispanic organizations during the public comment section of the June 24`h meeting of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: SECTION 1: FINDINGS The City Council finds that: A. Nichols has made comments on numerous occasions that clearly demonstrate a racial or ethnic bias against people of Hispanic origin. The comments have impugned the integrity of people of Hispanic origin and have stereotyped people of Hispanic origin as individuals engaged in illegal activity or who are unlawfully present in the United States. B. Nichols' comments regarding "Mexicans" taking over the "grass" at Corona Del Mar State Beach evidence an intolerance of the lawful use of public property by people of Hispanic origin rather than mere observations or statements of fact. C. Nichols' comments suggesting he would not support increasing the amount of grass at Corona Del Mar State Beach evidence an intent to consider the racial or ethnic background of persons using public property or facilities in his decisions regarding City projects and those considerations are contrary to Constitutional, statutory and decisional law. D. The frequency and consistency of Nichols' comments regarding Mexicans, his apparent failure to understand that the comments do reflect a racial or ethnic bias, and his unwillingness to tender any formal apology to persons of Hispanic origin, Newport Beach residents or the City Council, even in light of the controversy he has generated, clearly reflect an intolerance of persons of Hispanic origin, rather than a poor choice of words or a slip of the tongue. E. The Members of this City Council are obligated by law to perform their duties consistent with the Federal and State Constitution and statutes and are committed to abide by their oath of office in the performance of all official duties. F. The Members of this City Council and this community must have confidence that all Members will consistently perform their official duties without regard to the race, color, national origin or ethnicity as required by the Federal and State Constitution as well as Federal and State statutes. F SECTION 2. ACTIONS Based on the findings contained in Section 1, the City Council takes the following actions: A. The City Council, and each of the Members voting to approve this Resolution, apologize for the remarks of Council Member Nichols to all persons who construed those remarks as evidence that he would consider ethnicity, race or national origin in the performance of his official duties or as evidencing a prejudice or bias against people of Hispanic origin. B. The City Council, and each of the Members voting to approve this Resolution, disapproves of Council Member Nichols' remarks regarding people of Hispanic origin to the extent those remarks evidenced any intent or desire to perform his official duties with regard to the race, ethnicity or national origin of any person or evidenced an intolerance or prejudice of persons of Hispanic origin. C. The Members of the City Council voting to approve this Resolution believe that that Council Member Nichols should tender his resignation for the good of the City and to restore faith in the commitment of the City of Newport Beach if he is unable or unwilling to commit that he will perform his official duties without regard to the race, color, national origin or ethnicity of persons who work or live in Newport Beach and persons who visit Newport Beach for business or pleasure. ADOPTED this 8th day of July, 2003. ATTEST: IF NF�� CITY CLERK s �aN1A K STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2003 -34 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of July, 2003, and that the same was so passed and adopted by the following vote, to wit: Ayes: Ridgeway, Adams, Webb, Mayor Bromberg Noes: Heffernan, Nichols Absent: Proctor Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of July, 2003. (Seal) City Clerk Newport Beach, California