HomeMy WebLinkAboutHarrison, Benjamin_Public Comment_redactedFrom:Benjamin Harrison
To:D-SBCityClerk; PublicComments
Cc:Theodore Sanchez; Dr. Treasure Ortiz; Mario Flores; Council; sonia.carvalho@bbklaw.com; Helen Tran
Subject:RE: NOTICE OF SYSTEMIC MALFEASANCE & DEMAND FOR RECUSAL
Date:Thursday, February 12, 2026 8:53:15 AM
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PRELIMINARY STATEMENT
You are hereby placed on notice that the City of San Bernardino is currently operating in violation of California
State Law, Federal Civil Rights statutes, and its own established municipal precedents.
COUNT I: VIOLATION OF FINANCIAL CONFLICT LAWS (Gov. Code § 87100)
The Accused: Councilmember Dr. Treasure Ortiz
The Conflict:
Councilmember Ortiz is the active Plaintiff in the federal civil rights lawsuit Ortiz v. City of San Bernardino (Case
No. 2:25-cv-10650), in which she seeks $2,000,000 in damages from the City.
The Violation:
California Government Code § 87100 prohibits a public official from making, participating in, or influencing a
governmental decision in which they have a financial interest.
The Nexus:
On February 4, 2026, Commissioner Victor Suarez publicly referred to Councilmember Ortiz as his “Truth Teller”
who “can expose the correction and cover up!” [Exhibit V]. This admission proves that Commissioner Suarez is a
key witness and political ally in Councilmember Ortiz’s private narrative against the City.
The Act:
By voting to retain Commissioner Suarez on February 2, 2026, Councilmember Ortiz used her official power to
protect a witness who supports her private financial claim against the City. She is effectively using her vote to “build
her case” for damages.
The Demand:
To avoid a violation of due process and state law, Councilmember Ortiz must RECUSE herself from:
All Closed Session discussions regarding Ortiz v. City of San Bernardino.
All future votes regarding the employment, discipline, or removal of Commissioner Victor Suarez.
She cannot act as the City’s “Judge” on Monday while suing the City as a “Plaintiff” on Thursday.
COUNT II: SELECTIVE ENFORCEMENT & VIOLATION OF PRECEDENT
The Accused: The City Council (Majority Vote)
The Statute: The “Valdivia Standard” (2021 Censure)
The Violation:
In 2021, this body formally censured Mayor John Valdivia for “creating a hostile work environment.” This
established the City’s standard of conduct: officials who harass, intimidate, or misuse resources must be disciplined.
The Escalation:
Currently, Commissioner Suarez uses City resources (“City Hall Tracker”) to publicly harass residents and
coordinate with “Digital Enforcers.” The hostility has escalated to the point where sitting Councilmembers have
publicly reported being ‘bullied’ and requiring police escorts to safely leave City Hall following the February 2nd
meeting.
The Failure:
The Council’s refusal to apply the Valdivia Standard to Commissioner Suarez constitutes “Arbitrary and
Capricious” enforcement of City rules. You punished the Mayor for hostility; your failure to punish the
Commissioner for creating a physically dangerous environment proves bias.
COUNT III: FEDERAL CIVIL RIGHTS VIOLATIONS (CENSORSHIP)
The Accused: Commissioner Victor Suarez & The City of San Bernardino
The Statute: Lindke v. Freed, 601 U.S. ___ (2024)
The Violation:
The U.S. Supreme Court ruled in Lindke v. Freed that public officials cannot engage in viewpoint discrimination on
social media pages used for official business. Commissioner Suarez has implemented “Post Approval” restrictions
on the “City Hall Tracker” page to suppress dissent while amplifying praise.
Evidence: Residents have been warned to “watch themselves” after questioning this censorship.
Liability: This creates a “Chilling Effect” on First Amendment rights, exposing the City to immediate federal
liability under 42 U.S.C. § 1983.
CONCLUSION & DEMAND FOR CURE
The City is now on constructive notice of these violations. To “cure” these defects and limit liability, the Council
must:
Enforce Recusal: Disqualify Councilmember Ortiz from the Feb 12 Closed Session.
Restore Order: Initiate removal proceedings against
Commissioner Suarez consistent with the Valdivia Precedent.
Cease Censorship: Order the immediate removal of “Post Approval” settings on all City-affiliated social media
pages.
Govern yourselves accordingly.
San Bernardino Transparency Watch