Two members on the Truth or Consequences Planning and Zoning Commission feel the City Manager City Attorney and Zoning Official “are trying to run us out of town.”
P&Z Chairman Lillis Urban and P&Z Commissioner Merrill Dicks received a letter July 14 from City Attorney Jay Rubin, City Manager Morris Madrid and Zoning Official Traci Alvarez. Rubin authored the letter.
They responded July 20, stating the “legal letter making ugly accusations before having a conversation seems unkind and unprofessional.”
The couple made their response-letter and their special use permit available to the Sierra County Sun after reading yesterday’s article, “City Manager and City Attorney threaten and accuse two P&Z members.”
Rubin, Madrid and Alvarez asked them to resign as board members. The City employees also said they had violated the “intent” of their special use permit to live and work at 520 N. Broadway and needed to vacate the living area. The store front is an art gallery.
Urban and Dicks applied for the live/work permit two years ago and their married relationship was clear to the City then. They assumed it was still known when both applied in January to be on the P&Z Commission, their response-letter states.
The City Commission didn’t ask for their marital status during their interviews and they are unaware of any state or City law disallowing husband and wife to serve on the same board, their letter states. They also note Rubin’s letter does not give a legal reference or explanation of the nature of or how they “created” a conflict of interest.
“It is absurd to imply that we have attempted to hide it [the marriage],” Urban and Dicks state in their response.
They also resent being “privately compel[ed]” to resign by Rubin, Madrid and Alvarez, “without disclosing it to the City Commission.”
Rubin’s letter states the business at 520 N. Broadway has not been open four days a week since the special use permit was issued two years ago.
Urban and Dicks, displaying the permit, point out there are no conditions or limitations and the City Commission made none before granting it. Urban did testify during the special use permit public hearing that the gallery would probably be open four days a week, but they were unaware this was a requirement, if indeed it is.
Nevertheless, the art gallery has been operating regular hours since the permit was issued, Urban and Dicks state in the letter. The gallery was closed mid-March to conform to COVID-19 restrictions. It remains closed because Dicks is 63 and vulnerable to the virus.
Besides claiming a conflict of interest as a married couple, Rubin’s letter also implies a second conflict of interest, also unexplained. “You link our permit and Commission service” which “have nothing to do with one another,” Urban and Dicks said.
They point out they have “invested heavily” in the community and have volunteered their services. “We do not understand your animosity, but it feels as if you are trying to run us out of town.”
The legal letter, Urban and Dicks said, “is missing facts” and “legal authority.”
To send the legal letter without copying the City Commission “seems legally questionable and secretive,” they said.
“The linking of our personal special use permit with our unrelated service on the Planning and Zoning Commission is misplaced, inappropriate and perhaps unlawful,” they said.
“Our reputations in our community are very important to us. Your letter is disturbing to us personally and professionally and we do not want any further emotional distress or any future monetary or business losses due to these unfounded allegations. We would like the letter to be retracted and to start over. . .” they said, “without the need to incur the expense of legal counsel.”
Urban and Dicks said they never got a response to their letter, although Rubin’s letter said the “issues must be resolved by August 3,” the day of the P&Z meeting.
Urban and Dicks, in their letter, suggested only one of them needed to resign to fix the implied conflict of interest caused by their marriage. Dicks resigned August 3.