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Hesperia City Council MisConduct
An Embarrassment To The Community That Never Seems To End


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When politics gets too personal

 
 
Star Editor

About an hour before the polls closed last Tuesday, the Voglers’ recent repeated personal attacks on Councilmember Thurston “Smitty” Smith finally struck a nerve so deep that the response almost literally shook council chambers.

During the public comment period, Smitty’s wife Margaret Smith took to the podium to share her concerns. All was silent as Smith talked about the pain and anguish she felt as a result of the attacks by Councilwoman Rita Vogler and her husband Al Vogler, the latter sponsoring the large “NO” billboards on Main Street and three mailers.

“Vogler, I just want to publicly tell you how pathetic you, your spouse and your daughter are,” she said. “The lies and manipulation about me, my husband and my deceased son are unfathomable. You attempt to portray yourself as a caring and giving individual where nothing, nothing could be further from the truth.

“You don’t have a clue about the population you represent. As you will recall, I have personally asked you on many occasions to stop making horrible comments about the people in the complex you had your business in.” (Rita Vogler’s travel agency was located in the Cardenas shopping center.) “You know that I am Hispanic and you have continually offended me with your comments. You are full of yourself and pathetic. You brag about your money. Nobody cares, Vogler.”

Smith also addressed one of the cornerstones of the Voglers’ criticisms of Smitty Smith — that he didn’t support Vogler for another term as mayor. Instead, he was named mayor, which was officially supported by all five council members, ironically including Vogler.

“I must ask you if you ever stopped to view yourself online after a council meeting,” Smith said. “I have and a lot of other people have. You are pathetic. Your comments are self-serving and self-centered. Your buddy Bosacki didn’t have the guts to tell you how ashamed he is when you speak. That’s why nobody seconded your nomination as mayor after your husband tried to undermine Smitty.”

The most personal segment of Smith’s comments were when she addressed the death of her son Brandon, who died in an off-road motorcycle accident during a race.

“You are so full of yourself that when my son passed you would come into my home and you couldn’t stop talking about yourself for a minute,” she said. “You never once gave me the opportunity to talk or even ask about my feelings. You always wanted to share your own little stories, Vogler. You talk ad nauseum about yourself. You don’t represent this community.”

Smith also said that Vogler was self-centered during council meetings.

“Your job as a council member is supposed to be looking out for this community, not boring us citizens with your rhetoric and anybody that wants to go and look at the last couple meetings can see. Why would you ever talk about your high school and how the boys never asked you to dance? Nobody cares about you. Thank goodness you’re not running again.”

Smith continued making her comments until her husband, the mayor of Hesperia, asked her to wrap it up because she had exceeded her allotted speaking time.

Council members trade barbs at meeting-Hesperia Star

"I guess this is 'pick on the mayor night.'" • Councilman Ed Pack
October 06, 2010 5:12 PM

Peter Day

HESPERIA • While the official Hesperia City Council business was humdrum, the session-ending councilmember comments on Tuesday night were anything but boring.
“Councilmember Vogler, I didn’t want to rehash this,” Mayor Thurston “Smitty” Smith said during his segment, “(but) you’re blaming me for you not becoming mayor?”
“Yes,” Councilmember Rita Vogler answered.
“No one on this dais voted for you, Ma’am,” Smith said. “Remember that. It was just not me.”
Earlier, before the current and former mayors tangled on issues, Councilmember Ed Pack said, “I guess this is ‘pick on the mayor night.’”
Pack took exception to Smith’s portrayal of how the City Council explored a possible sales tax hike to help pay for city services.
“Yes, $100,000 got wasted but it was because we were flat lied to and you know that,” Pack said. “And I just take exception that you think we would go out and purposely just waste $100,000 for something we knew wouldn’t even get on the ballot.”
As Pack finished his comments, Vogler said, “Ed Pack, thank you very much.” She stood up and led a number of council chamber attendees in a round of applause.
But the drama was just getting started.
“Today I got a letter here from, I believe, it’s the Free Press (Al Vogler’s mailer to Hesperia voters),” Councilmember Mike Leonard said. “And I read it, and I never read so much crap in my life. There’s not one thing in here that is true or factual.”
Leonard criticized the mailer for claiming Smith had voted to increase the city’s contribution to the Hesperia Chamber of Commerce.
“Smitty was not on board (city council) when we voted to give them $60,000. I believe he was still on the park board. So when you get this letter in the mail just consider what you’re reading, and if you have any questions you can call me or, I guess, anybody up here, and we can sit down and talk about it.”

Next, Councilmember Paul Bosacki addressed the council’s July 20 rejection of the sales tax measure.
“Over the last 19 years the half-cent sales tax has provided more than $42 million for Hesperia roads,” Bosacki said. “All these things are tax dollars at work in improving the community. I’m hearing all this rhetoric about ‘I’m against taxes, I hate taxes. I’ve fought against taxes my whole life.’ You need to understand that without taxes that the voters approved, which they did in the county twice now, we wouldn’t have what we have in Hesperia.”
Smith addressed the sales tax vote and chamber funding issues.
“In my opinion, my fellow council members didn’t do the homework to know that it took a four-fifths vote to get it on the ballot. In turn, they wasted $105,000,” Smith said. “When I came on the council, we cut the budget to the chamber. Check the records. Check with Brian Johnson, the finance director. That is very misleading and deceiving to the public, Al (Vogler).
And some of the other rhetoric, I don’t need to lower myself to that standard.”
The councilmember comment period ended with Smith and Vogler exchanging barbs.
Smith: “It’s a silly season.”
Vogler: “It’s not a silly season. We have an arrogant, pompous ....” (Vogler stopped herself as she spelled out a swear word.)
Smith: “And you’ve got a husband (Al Vogler) doing your work for you.”
Vogler: “Did you do your homework and not tell us?”
Smith: “Al Vogler knew it. He tried to blame it on me that it should have been a super majority.”
Smith: “We’ll adjourn this meeting until Oct. 19 at 6:30 p.m.”
Vogler: “I can’t wait!

Recently, Thurston Smith made a comment at a candidates forum that was printed in the Hesperia Star. The comment was, "My fellow council members wasted $100,000 [on a study] getting [a proposed and then rejected half-cent sales tax] there," said Mayor Smith, the only incumbent in the race. "Simple and fast: No new taxes." 

Councilman Ed Pack spoke on the Smith statement at the 10-5-2010 City Council meeting, saying that he resented Smiths statement. Smith answered by commenting that the rest of the City Council had not done its homework on the issue. See Hesperia Star article above.

Actually, Smith and Leonard were responsible for the ballot measure not making it on the ballot after the public were polled and had approved the measure. As far as "doing our homework", Smith still hasn't figured out that he voted against the people of Hesperia getting to vote on a ballot measure. New taxes was never in front of the City Council, a ballot measure was. If anyone was responsible for wasting money it was Smith and Leonard. 2 weeks after both of them stated that they would let the citizens vote on the ballot measure at the July 20th City Council meeting. They did a 180 and voted against it. Leonard and Smith flip flopped through out the process voting for the survey and then changing their votes when the survey didn't come out the way they thought it should. Smith repeatedly stated that the Chamber of Commerce was against the ballot measure and that was the position that he was taking.  

 

I'll post the rules on conduct below and let you be the judge if Smith went over the line in his statements.

A. CITY COUNCIL CONDUCT 

1. General Conduct 

City Council Members shall: 

o treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments; 

o be fair, impartial and unbiased when voting on quasi-judicial actions; 

o use the electronic speaker sequencing system to inform the Mayor of their wish to speak and shall be acknowledged by the Mayor before speaking; 

o move to require the Mayor to enforce the rules and the Mayor shall do so upon an affirmative vote of a majority of the Members present; 

o preserve order and decorum during the meeting; 

o not delay or interrupt the proceedings or the peace of the City Council, nor disturb any Member while speaking, by conversation or otherwise, nor disobey the orders of the City Council, or the presiding officer, except as otherwise herein provided; 

o support the laws established by the City Council; and 

o abide by the Rule of Procedure in conducting the business of the City of Hesperia. 

 

2. Conduct with Members 

City Council Members shall: 

o value each other’s time; 

o govern themselves as to the length of their comments; 

o limit their comments to the subject matter, item, or motion being currently considered; 

o attempt to build consensus on an item though an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority; 

o have the right to dissent from, protest, or comment upon any action of the City Council; 

o respect each other’s opportunity to speak and, if necessary, agree to disagree; 

o avoid offensive negative comments and shall practice civility and decorum during discussions and debate; and 

o assist the Mayor’s exercise of duty to maintain order. 

 

Conduct with the Public 

City Council Members shall: 

o make the public feel welcome; 

o be impartial, respectful and without prejudice toward the public; 

o listen courteously and attentively to public comment; 

o not argue back and forth with members of the public; 

o represent official policies or positions of the City Council first; 

o explicitly state when their opinions and positions do not represent the City Council when representing their individual opinions and positions; and 

o make no promises to the public on behalf of the Council. 

 

    



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