Stockton Councilmember Padilla faces possible censure after discretionary spending comes into question

Stockton Councilmember Michele Padilla is facing a possible official censure from her fellow councilmembers after it came to light local candidates running for office were allowed to make political speeches at a community event she hosted last month that was paid for with city money.

Councilmembers Michael Blower and Brando Villapudua submitted an official letter to the city clerk’s office Friday requesting a censure hearing against Padilla be put on the agenda for the City Council’s next meeting on Aug. 20.

Earlier this month Padilla may have violated Stockton City Council policy by providing a platform during her annual community BBQ for local officials and candidates running for office in the upcoming November election to make speeches, some of whom addressed their campaigns and political opponents.

The event reportedly cost the city thousands of dollars, which has drawn ire from both the community and some of Padilla’s fellow councilmembers.  

“Padilla used over $10,000 of council discretionary funds to host a community event that became political when she invited several political candidates onstage and allowed them to give political speeches,” Blower and Villapudua wrote in the letter. “This is a direct violation of the council policy that all council members are expected to adhere to.”

Members of the Stockton City Council are typically allocated discretionary funding in the city’s operating budget. The mayor receives $60,000 per year, while councilmembers each have access to $15,000. According to City Council policy, discretionary money can only be spent on resources that “will be a substantial benefit to the City and its residents” and not “religious or political in nature” or providing “personal benefit” to the member requesting the funds. 

Padilla, who represents north Stockton, has previously denied doing anything inappropriate, emphasizing the event was a community BBQ featuring many festivities and giveaways for her constituents.

“Every expenditure of public funds for this event was reviewed by legal counsel from the city and approved,” Padilla wrote in a statement to Stocktonia last month. “This event was open to the public, and all community members, elected or not, had the opportunity to speak. I believe in upholding the First Amendment right to speech and do not censor community members.”

Padilla did not immediately respond to a request for comment Friday afternoon.

Stockton spokesperson Connie Cochran says the city would not have approved spending on an event where “any component” violated policies surrounding the use of taxpayer money by members of the City Council in connection with politics and/or campaigning.

The July 20 event, held at Michael Faklis Park in north Stockton, was advertised as a community cookout with free food, a backpack giveaway, face painting, music and a raffle. According to videos provided to Stocktonia by an attendee and later corroborated by other people in attendance, several public officials and local political candidates were brought on stage to say a few words, which included mention of campaigns and political opponents by some of the candidates.

Speakers at the event included current Stockton mayoral candidate former Vice Mayor Christina Fugazi, Stockton City Council candidates Jason Lee and Mario Enríquez, and San Joaquin County Supervisor candidate Mario Gardea. 

One of the only candidates seen in video footage to not explicitly mention they were running for local office was Fugazi, though she was shown wearing a campaign-style t-shirt. It was later confirmed that California State Assembly candidate Rhodesia Ransom also spoke, though she told Stocktonia last month she doesn’t recall saying anything that was political or related to her campaign. 

To access their discretionary funding, Cochran said the mayor and councilmembers have to first fill out a form. The form is then submitted for review and approval by the city attorney. If approved, the city manager’s office processes the requested payment.

Part of the process also includes identifying the purpose of the request. 

“The object (of the event) is to bring together the diverse residents of District 1 in a relaxed and enjoyable setting,” Padilla wrote in her expenditure forms. “This is to create a sense of belonging and strengthen the bonds within our community. Constituents will be able to engage with one another, exchange ideas, and build relationships.”

City documents and emails obtained by Stocktonia last month relating to the cookout showed that nowhere did the District 1 councilmember mention her event would include speeches from political candidates.

When asked whether the city attorney would have approved city funding for an event that listed political speeches from candidates running for office as a part of the festivities, Cochran said no.

“If any member of Council submits a form with any component described as a personal benefit or religious or political in nature it would not be approved,” she said.

Any violation of City Council policy must be addressed by a majority vote by the mayor and councilmembers. Possible disciplinary actions for a violation include loss of reimbursement privileges, restitution to the city, civil financial penalties, criminal prosecution for misuse of public resources and/or being reported to state and federal tax authorities.

The request by Blower and Villapudua to hold a censure hearing does not indicate what possible disciplinary actions Padilla could be facing. But Blower told Stocktonia in a statement Friday afternoon that Council policy was “clearly broken” and the violation needs to be addressed.

“Misuse of public funds is a serious issue that must be dealt with,” he said.

Villapudua agreed.

“The public entrusts our Council to act with the highest regard of our laws,” Villapudua said in a statement to Stocktonia Friday afternoon. “This trust has been broken, repeatedly, and now taxpayer funds have been clearly misused.”