San Bernardino council deadlocks 4–4 on motion to remove Arts and Historical commissioner

SAN BERNARDINO — The San Bernardino City Council failed to remove Arts and Historical Preservation Commissioner Victor Suarez on a 4–4 vote at a special meeting that residents and several council members said diverted attention from urgent local problems.

A motion to remove Suarez from the 7th Ward commission was made during the meeting and seconded; the City Attorney told the council that "All commissioners serve at the pleasure of the mayor and city council" and that commissioners may be removed with or without cause. The motion nevertheless failed when four council members voted yes and four voted no.

The discussion began after seven members of the public spoke in opposition to removal and raised broader governance concerns. John Schellenberger, identifying himself as a Seventh Ward resident, told the council he opposed removing an appointed commissioner for exercising his right to speak: "This man exercising his First Amendment right to go up to a podium and speak... that's his right to speak." Victor Suarez, who the council considered removing, said he had filed a formal complaint alleging retaliation, intimidation and mishandling of commission procedures and urged that staff conduct be investigated rather than the removal of a volunteer official.

Supporters of keeping Suarez on the commission framed the move as politically motivated and risky. Tim Prince, an attorney and longtime resident, warned of legal exposure and cited a federal case he said supports First Amendment protections for similar speech. Ronald Dones Alvarado, chair of the Parks Commission, called the agenda item a "spectacle" and said the city was opening itself to liability if staff conduct had not been investigated.

Council debate turned on whether Suarez had used his commissioner title while making the contested comments and whether the council had been shown evidence that he misrepresented facts or otherwise violated commission rules. Several council members asked for proof before taking action. The City Attorney repeatedly advised that commissioners serve at the council's pleasure and that removal does not automatically equate to a constitutional censorship violation.

Council members who voted to remove Suarez said his comments, made during a public meeting, used a public title to impugn a city employee. Council members who opposed removal said the council should prioritize homelessness, infrastructure and public-safety issues and that removing a commissioner under these circumstances risked silencing residents and volunteers.

Councilman Ray Barra made the motion to remove; the record shows the motion was seconded but the seconding member was not identified in the public roll call. The clerk recorded votes as follows: Yes — Council members Sanchez, Ibarra, Charette and Kanas; No — Council members Flores, Ortiz, Mayor Tran and Mayor Pro Tem (speaker 17). The clerk declared, "The motion fails, with a 4 to 4 vote."

Multiple speakers at the meeting urged the council to direct the city manager to investigate staff conduct rather than remove a commissioner. The City Attorney and the city manager said certain personnel matters could not be discussed in public and that the public had a right to recordings posted online; the clerk noted meeting minutes and recordings had been posted recently.

The council concluded the special meeting after the failed vote and announced the next mayor and city council meeting for Wednesday, Dec. 3, 2025, at the Norman F. Feltine Central Library in San Bernardino.

The meeting record includes public comments asserting both that Suarez had improperly used his commission title when making personal allegations and that staff conduct warranted formal inquiry. The council's tie vote leaves Suarez in his appointed role pending any future action or investigation.