Exclusive: Emilio Martinez Speaks About Claim Against the City

Emilio Martinez, a past city councilman and longtime political rabble-rouser in Watsonville, told Patch on Tuesday that he and his wife have yet to decide if they will file a lawsuit against the city.

The city council was slated to review a claim Martinez and his wife, Kathleen Morgan-Martinez, filed during a closed-door session Tuesday evening. The claim alleges that city staff and elected officials violated the couple's civil rights during Martinez's single city council term. 

Martinez, speaking publicly about the issue for the first time, said he and his wife submitted the claim to halt the statute of limitations against such an action while they assess if they have the time, energy and desire to pursue litigation. 

"We don't know if we're going to sue the city," Martinez said. 

Martinez was often in the minority while serving on the Watsonville City Council, butting heads with then-Mayor Daniel Dodge and calling into question the recommendations of City Manager Carlos Palacios. Martinez himself was criticized for his poor attendance at council meetings, as well as for inciting investigations into city finances and practices because the defense of those matters cost the city thousands.

Martinez said, if any litigation is filed, it would rest heavily on those investigations, namely two Santa Cruz County Grand Jury reports that probed how city finances are managed. The results of the investigations resulted in some criticisms, but no legal wrongdoing on the part of the city.

Dodge, who remains on the council, told the Santa Cruz Sentinel the allegations were absurd. 

"When you assume an elected office it comes along with stress," he was quoted as saying.

The claim against the city begins on page 46 of the current City Council Agenda Packet. 

The gist of the claim is this:

"While attempting to represent his District, Claimant was threatened, harassed, demeaned and lied to by City Staff and Council Members. Claimant was subject to organized threats and harassment with the sole purpose of stopping his questions regarding the management of the City and expenditure of taxpayers' dollars."

City staff recommended the city council deny the claim, which is standard procedure with most allegations against the city. Martinez said he hoped council members would discuss the issues he's raising. 

In the mean time, he and his wife will take time to assess their options before filing any lawsuit. 

"We dont want to try this matter in the newspaper," Martinez said. He emphasized that litigation has not been filed with the court before adding, "we think we have a good case."

What do you think? Should Martinez have thicker skin? Or did people treat him badly enough to warrant a legal claim? Tell us in the comment section below.