On Wednesday, March 18, new allegations of misconduct by San Bernardino Mayor John Valdivia were announced by city field representative Don Smith who has retained Tristan Pelayes as his attorney. Pelayes is also representing two additional former city employees in sexual misconduct lawsuits against Valdivia.

According to a statement issued by Pelayes, Smith said that Valdivia “made fun of homeless people calling one a ‘scumbag,’ which was captured on video, sent messages ordering him (Smith) to not assist a resident that didn’t support him (Valdivia) in the election, and had him (Smith) drive him around while he engaged in sexual behavior with an unknown woman.”

In a declaration last week Smith said that he “witnessed Mayor Valdivia take an envelope of cash from a tow company owner during a late-night private meeting at a restaurant.”

This declaration was submitted to San Bernardino County District Attorney Jason Anderson’s office and Larson O’Brien, a law firm that is part of a separate lawsuit filed by Pepe's Towing alleging civil rights violations by the mayor and several other city officials. The district attorney is investigating Valdivia for possible illegal financial activity.

Pelayes said that Smith has been retaliated against by the city of San Bernardino. According to Pelayes, the day Smith came forward with his allegations the city “restricted his access to locations, equipment and files, cut his hours and changed the scope of his job responsibilities.”

The city of San Bernardino has yet to respond to the two claims filed last month by The Law Offices of Pelayes & Yu for sexual harassment and hostile work environment against two of its former female employees. Three additional claims are being processed for filing.

"To say I am disappointed in the response by the city of San Bernardino would be an

understatement," said Pelayes. "The retaliation and lack of cooperation is only making the situation worse for themselves (the city) and the community that is watching this disgraceful situation unfold."

To see Don Smith's full declaration go to https://www.dropbox.com/s/nkr5v277jvcw6ea/2020%200311%20-%20Smith%20Declaration.pdf?dl=0

(1) comment


Is Smith a City Attorney or Private?

Wondering how the City could affect his work if otherwise.

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