TRACY –Tracy City Council member Jeri Schons wants the “dragging the city in the mud” to stop.

During Monday’s city council meeting, Schons made an emotional plea during discussions over holding a third hearing in three months to remove an EDA board member over allegations of misconduct. This time, the council was deciding whether or not to set a date to hold a hearing involving EDA board President Dennis Fultz.

City Attorney Matt Gross advised the council in a legal memorandum that all five allegations were without merit. The council ultimately voted 3-2 against setting a hearing date after Schons made the motion. It was her motion that sparked a debate between Schons and fellow council member Tony Peterson over the merits of the allegations. Peterson, who also sits on the EDA board, filed the complaint against Fultz.

“Mr. Salmon read this (city attorney legal memorandum) today and it is his intent to get a hold of his attorney to file a lawsuit against the city,” Peterson said. He was referring to former EDA board member Jeff Salmon. He was removed from the EDA board after a misconduct hearing that was held July 24.

“And that is what we got to stop,” Schons said. “I’m tired of people saying verbally they are all for the best interest of the city and everything. And then their actions are saying a total opposite. They are dragging the city in the mud and through the mud. People either have to start saying what they actually feel or either knock it off and stop it. I’m tired of the two sides of the mouth. Your words speak as loud as your actions. Your actions speak as loud as your words. They need to coincide.

“If Mr. Salmon wants to sue and everything, that’s his personal right. You know what, that’s not what we are going to discuss at this council meeting. That’s not our fight now. We are here to decide if we need to set a hearing.”

Peterson then said he agreed with Schons but accused former City Administrator Kris Ambeuhl of mishandling the complaint filed by businessman James Mattson against Salmon and against him. It was Mattson’s complaint that led to Salmon’s removal form the EDA board. Peterson also faced a hearing, but the council voted that the allegations did not have merit.

“That issue should have never left that administrator’s office,” Peterson said. “I’m just saying what I mean, I mean what I say. You got the motion on the floor. Vote on it.”

After Mayor Anthony Dimmers introduced the agenda item, Peterson announced that he wanted to set the record straight.

“Yes, I talked about the complaint. The EDA board made the recommendation to go through with it. The vice chair of the EDA board stated emphatically that we go through the same process as Jeff Salmon,” Peterson said. “I want the record to reflect that it wasn’t me going after someone.”

Schons thanked Peterson for clarifying his role in advancing the complaints against Fultz:

• Failure to make decisions based on what is best for the city

• Took advantage of his position in forwarding a complaint to the city without board approval

• Did not declare a conflict of interest in the purchase of the Third Street property

• Conducted serial meetings with other EDA board members in order to secure their support for the sale of EDA property

• Provided hearsay testimony to the city administrator to falsely accuse another EDA member of wrongdoing.

“One thing that is strikingly different (complaints filed against Fultz compared to Salmon) to me is the legal opinion of our lawyer that he felt the allegations were not substantiated.” Schons said.

Peterson said Schons was giving Fultz “a pass.”

“No, I guess I don’t feel I’m giving him a pass,” Schons said.

Both Peterson and Dave Tiegs voted against Schons’ motion to not set a hearing date. In casting his vote, Peterson defied Gross’ recommendation that he abstain from the agenda item.

“He is the complaining witness and would possess a direct conflict of interest,” Gross stated in his legal memorandum. “If a removal hearing was scheduled and held, Mr. Peterson would be free to provide testimony and present evidence at such hearing, but again, would be disqualified from participating and voting on any of the allegations.”

Schons, Dimmers and Kou Thao voted for the motion.