Council votes not to censure Mann for FPPC violations

A motion to censure Mayor Scott Mann (center) and pursue additional penalties for misappropriation of funds was voted down, 3-2. Menifee 24/7 photo: Kristen Spoon

In a special meeting called to discuss Menifee Mayor Scott Mann's admitted misuse of campaign funds and a $60,000 fine he faces, a motion to censure Mann and pursue additional actions against him was voted down by a 3-2 margin Wednesday night.

Mann surprised some by attending the 5 p.m. meeting, which was requested by council members after The Fair Political Practices Commission announced the violations in a news release on Friday. Since then, council members Matt Liesemeyer and Lesa Sobek withdrew their endorsements of Mann in his bid for re-election Nov. 8. State Senator Jeff Stone, who appointed Mann to a committee to help incorporate Menifee in 2008, has asked for Mann o resign. On the Menifee 24/7 Facebook page, nearly of the hundreds of public comments on the issue have asked Mann to resign.

However, listening to options presented by city attorney Jeffrey Melching about the options available to the council, only Liesemeyer and Sobek voted in favor of Liesemeyer's motion to censure. Council members Greg August and John Denver voted against the motion. Then, to the surprise of the crowd, Mann was allowed to vote on an issue many considered a conflict of interest. Obviously, Mann voted no.

As a result, Mann will be allowed to continue in his role as mayor until the Nov. 8 election. He is running against Neil Winter. Mann's settlement with the FPPC is scheduled to be reviewed for final approval on Dec. 15.

Several people in the large crowd shouted complaints at the fact Mann was allowed to vote. Asked by Menifee 24/7 about that issue after the meeting, Melching said, "He didn't ask me if he had to recuse himself."

Melching continued, "Campaign funds are different than city finances. This did not involve city business. And I should point out that even without Mr. Mann's vote, the vote would've been 2-2 and the motion fails."

Before making his motion, Liesemeyer listened to the options presented by Melching, which included:

-- Take no action, waiting until after the election and the settlement of the FPPC negotiated fine.

-- Direct the staff to cooperate with any investigation by the FPPC and the District Attorney's office (if such action is taken).

-- Direct the city to conduct its own independent investigation.

-- Issue a censure (reprimand) and ask the city attorney to come back with options for possible penalties, giving Mann due process to build his defense.

-- Make a formal request for the mayor to stop down, although Mann would not be obligated to resign. Melching said the council does not have the authority to recall Mann. That must be done through a special election.

Denver said he believed that the council should wait on any possible action until "the FPCC's final verdict."

"This isn't a matter for us," he said. "There's an election coming up. I've seen the positive things the mayor has done for this city."

August began by saying "I made a comment to Menifee 24/7 that pretty much echoed what the others (Liesemeyer and Sobek) said. It's a reflection on all of us. He's known about this for 3 1/2 years and it's the first time we've heard about it. I'd like to know why Scott never told us.

"A month and a half ago, Scott asked for my endorsement and I gave it to him. If I had known about this, I never would've given it to him."

August then seemed to contradict himself by saying he would not withdraw his endorsement and agreed with Denver that no action should be taken before the election, when "the people will decide."

Later, August went back to the other side and criticized Mann during the regular meeting when Mann responded to criticism during public comments of the $12,400 check (later voided) that city manager Rob Johnson wrote to fund a non-budgeted trip to Harvard for a leadership seminar. After Mann defended himself, August said, "I was hoping this would go away, but as long as you keep bringing it up, I'm going to keep talking about it.

"There was no excuse to ask for that money. That event was of no benefit to the city. And you may say that there is money budgeted for staff training, but that amount exceeded the entire amount budgeted for the year."

Melching attempted to end the discussion, saying it went beyond the scope of items on the agenda. Mann told Melching he was going to finish his comment anyway. Then, when August tried to respond, Mann said they must end the discussion because Melching requested it.

Earlier, in the special meeting, Mann responded to allegations made against him by former council member Tom Fuhrman, who is suing the city over issues with attempts to get permits for his horse ranch.

"I am precluded from replying because of confidentiality reasons," Mann said. Yet he then proceeded to go on for about two minutes, doing just that in refuting Fuhrman's accusations.

Again during the special meeting, Mann addressed both the council and the audience.

"I harbor no ill will against anyone for what has been said," he said. "I apologized to the residents publicly and to a lot of residents privately. What I haven't done is apologize to the four of you. I do so now."