Cypress Council member Frances Marquez has filed a federal civil rights lawsuit against the City of Cypress, City Manager Peter Grant, Mayor Scott Minikus, Mayor Pro-tem Bonnie Peat and Cypress Council member Anne Mallari, alleging retailiation and other offenses.
The complaint was filed in U.S. District Court August 20 and it is unclear as to whether or not it has been officially served.
After the lawsuit was filed, Lee K. Fink, one of Marquez’ attorneys, said Fred Galante, the city’s attorney, refused electronic service.
On Monday, Aug. 26, Britney Carrera, appeared during the open communications session of the City Council meeting saying “I’m here to serve a a lawsuit titled Dr. Frances Marquez versus the City of Cypress.”
Holding a copy of the federal complaint, she stared at each of the defendents named in the suit, saying “you have been served.”
Even then, Galante told the council “I would recommend that no comment be made as to whether or not that attempted service is legal or valid.”
Lee K. Fink, of the Brower Law Group, APC, who is one of the two attorneys who filed the case, said Tuesday as far as he was concerned, the service was “legal.”
Regarding the electronic refusal, Galante said, “my office didn’t accept service because we are not authorized to receive any service of a summons and complaint against the City or any individuals.”
Marquez is suing the City of Cypress as a municipal corporation and each of the defendents persoinally, in addition to their respective roles with the City of Cypress, according to the lawsuit that alleges specific civil rights violations that, she claims, impuned her ability to properly represent citizens as a duly elected official.
Marquez drew ire from officials by voting against the final approval of the Valley Vista $100 million no-bid contract, demanding documents that were never received and ultimately, was metaphorically forced to hold the hand of the city manager before being able to speak to any staff at city hall.
In addition, among other things, Marquez’ pay as a Council member has been withheld.
In a statement this week, Marquez said she “decided to fight back,” filing a complaint in the U.S. District Court for the Central District of California, citing “unlawful tactics to stifle her efforts to represent the people of Cypress.”
Currently, while Marquez retains her Council seat, she is a candidate for Orange County First District Supervisor in the November 5 election.
“As a result of my support for voters’ rights, the majority on the Cypress City Council and the City Manager retaliated against me,” said Marquez in the statement.
“Let me be clear: I will not back down, and I will not be deterred. I will continue to call out corruption and work tirelessly to provide the highest quality of service delivery for every resident of Cypress,” she said.
“As Cypress City Councilmember, I speak out against corruption and work to uplift our residents’ voices. That’s why I supported the transition to district-based elections to ensure all voters in Cypress have an equal opportunity to elect candidates of their choice that are reflective of the diversity of our community,” she added.
For nearly four years, Dr. Marquez said she has been the target of a series of unlawful and harassing actions by the City Council majority because she supported a transition to district-based elections in the City and spoke out against pay-to-play politics.
Among the allegations are that the Council majority’s unlawful actions culminated in their unlawful suspension of Dr. Marquez’s City Council salary, their discriminatory refusal to indemnify her in litigation, and their insistence that she conduct city business only in writing—a requirement she says that is different from all other council members.
Cypress Mayor Scott Minikus said the lawsuit is another attempt for Maruqez to blame others.
“The City was just served with the lawsuit and it would be premature to provide any substantive response. Nevertheless, the allegations appear to be without merit. Rather, they represent yet another effort by someone to blame others for their failure to follow the laws and procedures that apply to all local elected officials,” said the mayor in a statement to ENE.