Editor's note: This story contains strong language.
During a contentious Poway City Council meeting on Tuesday, City Attorney Alan Fenstermacher accused Councilmember Tony Blain of threats, harassment and bullying directed at him, other staff members and residents.
Fenstermacher revealed that Blain has sent him multiple emails threatening to have him fired or demanding his resignation, Fenstermacher said.
These threats were often in retaliation to Fenstermacher declining to answer some of Blain’s questions or giving Blain an answer he wasn’t pleased with, Fenstermacher said.
“I am no longer intimidated by you Councilmember Blain,” Fenstermacher said at Tuesday’s meeting. “I don’t give a flying fuck if you fire me. I will not take this lying down anymore. You are a bully, you’ve been harassing me for months, and I’ve tried to be professional. This is enough.”
Blain also allegedly asked Fenstermacher to call the police on two different residents who criticized Blain via email. In a third instance, Blain allegedly called the Sheriff’s Office on a resident who had asked Blain to resign via email, Fenstermacher said.
In his emotional statement at Tuesday’s meeting, Fenstermacher said that was “the most offensive thing [he’s] ever seen as a government attorney.”
Fenstermacher’s comments were a response to Blain implying that Fenstermacher had a conflict of interest when Fenstermacher donated to Poway Mayor Steve Vaus’ failed Board of Supervisors campaign in 2020.
(Blain, like Vaus, is a Republican. He was endorsed by another controversial conservative politician: incoming state Assembly Member Carl DeMaio.)
Fenstermacher said his contributions to Vaus’ supervisor campaign were not illegal and did not constitute a conflict of interest because it was a race entirely unrelated to Poway.
But Fenstermacher didn’t stop there.
He revealed that Blain has consistently bombarded him with questions and emails over the past several months, including on nights, weekends and holidays, many of which are related to topics Fenstermacher can’t discuss because of his role as city attorney.
“When I told him it was illegal for me to provide advice on things like campaign issues, planned recalls or ballot initiatives as an unauthorized use of city funds, he’d threaten to fire me in 10 months or 23 months when he says he’ll have control of the City Council for 10 years,” Fenstermacher said.
Blain has also threatened to report Fenstermacher to the state bar more than once for “reasons unstated,” Fenstermacher said.
Fenstermacher said that he has considered quitting because of the harassment he’s experienced from Blain.
“I’ve never been harassed by someone in a position of power like you’ve done. It’s been the most personally draining several months of my entire career,” Fenstermacher said. “You are a walking liability that has consistently ignored my advice on numerous important issues, and I take no responsibility for the legal trouble you will inevitably get the city into and have already gotten yourself into.”
He concluded by asking Blain to never email him again and said he will never answer any of his questions again unless a council majority directs him to do so.
Blain did not respond to Fenstermacher’s allegations during the meeting, and he was the first to get up and leave the council chambers once the meeting was adjourned.
When reached by phone on Wednesday for comment, Blain hung up.
More accusations: The allegations from Fenstermacher come as Blain is already being accused of threatening another councilmember and vote trading, which could be violations of state law.
The Jan. 21 council meeting was supposed to focus on filling a vacant City Council seat left open because of former Councilmember Brian Pepin’s resignation.
Ahead of the meeting, though, city staff attached two emails sent from Blain to Councilmember Peter De Hoff saying he would drop his recall effort against De Hoff if De Hoff voted for a special election. In another email to De Hoff, Blain wrote that he would vote for De Hoff to become deputy mayor if he votes for a special election. Blain sent other similar emails to De Hoff ahead of the Jan. 21 meeting.
Christopher Pikus, an applicant who was seeking the District 1 appointment and was ultimately chosen for the seat, also received a threatening email from Blain urging Pikus to vote for a special election if he is appointed. If not, Blain wrote that he would lead a recall effort against Pikus.
Legal experts, including City Attorney Fenstermacher, have indicated that the threats and offer of vote trading could violate state laws.
“From day one in office, Blain has trafficked in bribery, extortion, and intimidation. His actions aren’t just corrupt, they are a callus and calculated betrayal of the public’s trust,” Mayor Vaus told Voice of San Diego via email. “And while the felonies Blain appears to have committed, like vote-trading and bribery, are shocking enough— his use of police threats to intimidate constituents cross every line of decency.”
Also: Councilmember De Hoff said Tuesday that the council will consider a formal censure of Blain at the Feb. 4 City Council meeting, adding that Blain has violated his role as a councilmember.
A censure is an official reprimand or formal statement of disapproval. It’s a way for a legislative body to publicly express an opinion on the conduct of one of their members. Sometimes, censures can include penalties such as loss of committee assignments.
City Manager Chris Hazeltine also said at the meeting that he has submitted a complaint against Blain to the city’s Human Resources Department for bullying, threatening, intimidating and retaliatory behavior.
