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