Meeting Summary
Present: Stix, Francina, Rule, Lang, Whitman
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At a glance
Proposed Removal of Planning Commissioner Jeffrey Starkweather
- Staff and legal counsel confirmed that at-will commissioners may be removed for policy disagreements without violating First Amendment rights.
- Public comment revealed deep divisions, with supporters citing political activism and language concerns while opponents alleged political retaliation.
- A substitute motion to allow the commissioner to finish his term with a disclaimer requirement failed during the vote.
- The Council ultimately passed a motion to remove the commissioner from the Planning Commission and all associated subcommittees.
Full summary
Call to Order and Roll Call
- The meeting was called to order by Mayor Betsy Stix. A quorum was established following a roll call conducted by Weston Montgomery, confirming the presence of Mayor Stix, Mayor Pro Tem Francina, Council Member Rule, Council Member Lange, and Council Member Whitman. The Pledge of Allegiance was recited.
Approval of Agenda
- A motion was made to approve the agenda, seconded, and passed.
Consent Calendar (Approval of Minutes)
- A motion was made to approve the consent calendar, including the minutes from the previous meeting. Council Member Ben Harvey requested a correction to the July minutes regarding the public comment section on the removal of a commissioner, noting that the minutes incorrectly listed Barry Rabay and Dede Dorskin as being in favor of removal when they were in favor of retaining the commissioner. A motion to approve the consent calendar with this correction was made, seconded, and passed.
Proposed Removal of Planning Commissioner Jeffrey Starkweather
- The Council discussed the proposed removal of Planning Commissioner Jeffrey Starkweather, an item placed on the agenda for the third time following previous votes in July.
- Staff Report and Legal Discussion: The City Manager provided a staff report outlining the municipal code process for removing an at-will commissioner, noting that appointments are made without the need for cause. The City Manager emphasized that removal should not imply a lack of respect for the volunteer's service. Council members and staff discussed the history of commissioner removals in Ojai, with staff noting no prior examples of removal for reasons other than absenteeism or residency changes. The City Attorney addressed questions regarding "illegal reasons" for removal, stating that violations of state and federal constitutions, such as removal based on immutable characteristics, are prohibited. Regarding First Amendment protections, the City Attorney cited Lumpkin v. Brown, explaining that high-level policymakers, including Planning Commissioners, may be removed based on political affiliation or views inconsistent with city policy. Staff confirmed that while the ordinance prefers all commissioners be residents, only a minimum of three must be residents. The City Attorney stated that removing a commissioner for past statements would not be unlawful and that the city could defend against a potential First Amendment lawsuit, though no guarantees were offered. The Mayor clarified that she had requested two phone calls with the commissioner which were declined, and a requested meeting had not been scheduled due to staff availability.
- Public Comment: Public comment was received from multiple individuals. Speakers in favor of removal cited concerns regarding the commissioner's political activism, alleged use of misogynistic language, failure to distinguish between personal opinions and official duties, and the need for commissioners to align with city policies. Speakers opposing removal argued the process lacked due process, was motivated by political retaliation regarding affordable housing advocacy, and could have a chilling effect on future volunteers. Commissioner Starkweather spoke in his own defense, addressing allegations and requesting the Council allow him to finish his term.
- Council Discussion: Council members discussed the impact of the proceedings on city staff time, the importance of communication, and the balance between policy differences and the need for a functional commission. Members noted that the commissioner had declined requests for private meetings to resolve concerns.
- Motions and Votes:
- 1. A motion was made to remove Jeffrey Starkweather from the Planning Commission and any assignments to City of Ojai committees or subcommittees. 2. A substitute motion was made to take no further action toward the removal of the commissioner and to allow Jeffrey Starkweather to remain seated on the Planning Commission for the remainder of his term (expiring May 22, 2026), with a suggestion that the commissioner identify himself as a private citizen when speaking publicly. The substitute motion was seconded. 3. The Council voted on the substitute motion. The substitute motion failed. 4. Following the failure of the substitute motion, Council Member Whitman moved to remove Jeffrey Starkweather from the Planning Commission and any other city assignments, including City Subcommittees or Ad Hoc Committees. Mayor Stix seconded the motion. Prior to the vote, it was clarified that the motion would remove Mr. Starkweather from his positions on the Planning Commission, the Planning Commission's Affordable Housing Committee, and the Planning Commission's Parking Committee. It was noted that this removal is not permanent and reappointment could occur in the future at the Council's discretion. 5. A roll call vote was conducted on the motion to remove. The motion passed.
Adjournment
- Following the vote, the meeting was adjourned.