immediately. The vote was taken at the Tuesday, December 8, 2015 Mariposa County Board of Supervisors meeting.Press the Green button to play the Audio.
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The following are excerpts from the discussion.
Time 0:00 Heather Bernikoff in reading a prepared statement to the Supervisors about her experience and time on the commission said it is likely that Supervisor Long is violating the rules of the FPPC again. She said in a conversation on November 19, Marshall very clearly relayed to me that my removal was the result of my position on the mining issue. She also said that pulling an appointee without cause only 11 months after appointment sends a message – "Quality volunteers need not apply". "Politics is more important than competence". As Heather Bernikoff concluded her statement to the BOS she said, "I am grateful for the opportunity to serve."
Time 11:00: Former Mariposa County District 3 Supervisor Janet Bibby requested this item be pulled from the agenda. Janet Bibby said she had to ask why... timing is questionable. She said now District 3 will have no representation on the Planning Commission as a genuine recruitment takes time. Janet Bibby said anyone can check the record that Supervisor Long has a mining permit that has his name on it as the property owner. Janet Bibby asks the public to really look at this item as to why the planning commissioner is being replaced.
Time 16:44: Resident Holly Warner said this item should be pulled from the Consent Agenda as there is lack of consent from the public.
Time 17:30: Resident Linda Myer said she is in support of Heather Bernikoff staying on the Planning Commission. She said this appears to be a personal agenda. Linda Myers also said that in a meeting with Supervisor Marshall Long after he was voted in he threw a "...fit" at Heather Bernikoff.
Time 20:00: Supervisor Rosemarie Smallcombe said she wanted to acknowledge Heather Bernikoff for her contributions to the community.
Time 24:00: Supervisor Marshall Long said he wanted to thank Heather Bernikoff for her service to Mariposa County. He said he did not make this decision lightly and did not want to make this decision but some things have happened that he cannot ignore. Supervisor Long said this is NOT about the Conditional Use permit on mining.
It has to do with other things. He has to have a planning commissioner that he can work with easily and can have a conversation about the issued affecting Mariposa County.
In looking for a new planning commissioner first and foremost he wants them to:
(1) Support and defend the Constitution of the United States. It is the highest law of the land.
(2) Support the rights of the individual granted to us in the Bill of Rights, that is our liberty.
(3) Support property rights. Individual property rights supersede those of the collective.
(4) They will treat the planning staff as something other than paid useful underlings. They will be treated with the respect they deserve.
(5) They will not use the office for personal or professional gain.
(6) They will not need to be reprimanded by the Planning Director or County Counsel for using the title of the office inappropriately to advance other causes.
(7) They will be involved in the community but will not be community organizers or activists.
(8) They will be above reproach and honest in their dealings.
Supervisor Long said, "This is not blood, this is not personal, I happen to like Heather Bernikoff personally."
Bernikoff Statement to the Mariposa County Board of Supervisors on BOS Agenda item CA6.
My name is Heather Bernikoff. I am a resident of Hornitos and here to speak on the issue of Consent Agenda item CA6. As the Planning Commissioner being removed, I wanted to make a statement and read it for the record.
I have been grateful to serve as Planning Commissioner for District 3. It has been a joy and a privilege to serve the people of the District as well as Mariposa County as a whole.
In addition to attending meetings, reviewing the packet and performing any additional research or site visits as needed, as Commissioner I:
Responded to many emails, calls and messages left for me at the office, and met with constituents needing assistance.
Encouraged constituents to attend meetings and learn about Planning, referred them to staff for more information and worked to elevate the visibility of this important body that is performing the work of the people.
Attended Catheys Valley Planning Advisory Committee meetings in an Ex-Officio capacity
And, when an Ex-Officio was needed for the Agricultural Advisory Committee, I volunteered t take on the extra time knowing that my other colleague most appropriate to this role, District 2 Planning Commissioner Mark Becker, was self-employed and busy. Though he had more seniority, he would have a longer drive, and time is money. He nominated me anyway, so maybe I didn’t have a choice! I attended these meetings as well.
Attended California County Planning Commissioners Association (CCPCA) conferences and meetings
Additionally, I increased my value to the people of Mariposa by getting more education at my own expense. I attended:
Four meetings on the drought
A CEQA and Land Use symposium in Santa Monica
A CEQA and Land Use symposium in Davis
I also participated in Planner Web continuing education webinars and recommended reading
I fielded requests for discussion and updates from:
The Southern Sierra Mi-Wuk Nation Tribal Council
The Mariposa County Farm Bureau
A large number of constituents and members of the public outside the District. As we all know, when people see you around town, they stop you to ask questions. I never turned anyone away.
I was also extremely honored to be:
Nominated for and subsequently elected to the position of Central District Representative for the California County Planning Commissioners Association by my peers across the State of California.
Asked if I would host and organize the next Planning Commissioners conference. I jumped at this opportunity to bring much needed revenue into the County during the shoulder season and discussed this with the Planning Director and Commission Chair Larry Harris. It was supposed to be on Friday’s agenda, but was pulled given Supervisor Long’s decision to remove me from the Commission.
I was also extremely honored to be asked to be an advisor to the Governor’s Office of Planning and Research on rural water, land use and economic issues, which I attended.
With the exception of a $50 stipend per meeting, I volunteered all of my time to do this work.
Not only have I continued my education, continued to listen to the community and distinguished myself as a thought leader, but I have unique value in that I have no financial interests in Mariposa County. Beyond my home, all my other assets are located outside of the county ensuring that there is less opportunity to taint any votes with a financial benefit. I earn my living outside the County as well, enabling me to be highly independent. Further, being only the 13th woman and first cultural native to serve on the Commission, I represent an evolution in participation of two significant local demographics that have historically been under-represented and unrepresented, respectively. These are critical perspectives that need to be represented in our local governance. With my professional background, I have offered experience and knowledge in healthcare, science and policy. I work with contracts and have managed multi-million dollar projects. I have a masters degree, can read at a very high level, know how to research and can move through complex materials. I have also had two small, yet profitable, clean tech businesses (one of which was a semi-finalist in the Silicon Valley’s Clean Tech Open), which gives me yet another unique perspective on small business needs and a demonstrated capacity for 21s century economic thinking. All of this experience contributes to the quality of my work and ability to understand the projects and questions put before me. I routinely spend between 3 and 10 hours on each Planning Commission packet including conducting additional research, site visits, and staff inquiry. If quality public service and governance is the highest priority, I am exactly the kind of person you want on any commission.
Probably of greatest importance is my tremendous sense of duty, my sense of responsibility to serve. At this stage in my career, I work at a director level. Leadership, oversight and high quality deliverables are time-consuming and mandatory in my field. Very few people with my credentials at my age can afford to take the time to perform such civic duties, yet our perspective is important. I was raised with an intense call to service that my parents role-modeled. We were poor, yet they served as leaders in community organizations – like the PTA and veteran’s groups. I have been inspired by leaders, like Supervisor Janet Bibby, to participate in government. I take civic duty very seriously. I’m not the person that complains about jury duty despite having a full calendar. I actually am willing to do the work to ensure a balanced approach to decision-making. Government is of the people, by the people, for the people…it is us. If we sit on the sidelines, we get the government that others make. Commissions, committees, boards, panels, etc all need good people who reflect the community they serve, are independent, honest and able to think creatively to solve problems. They must be able to see the past in context and envision a future that serves the needs of everyone. I am independent. I am fair, and I base my decisions on data…not emotion…not what someone somewhere said that sounded good, but actual facts. I work diligently to balance the goals of all stakeholders. The people of Mariposa County deserve quality leadership.
Despite all of this valuable work and diligence, I am being involuntarily removed from the Commission. I do not make this statement to advocate for my retention. I recognize that the Planning Commission position is a political appointment, and as such, its occupant is entirely up to the appointing Supervisor.
However, I do want to make a few points.
First, pulling an appointee without cause only 11 months after appointment sends a message – “Quality volunteers need not apply”. “Politics is more important than competence”. That is the message we are sending. There has been no substantive issue or dereliction of duty on my part. I have worked in good faith for the people of Mariposa County. It is a shame for us to be a county that treats our volunteers and operates our government in this way. As a constituent myself, I want to encourage the best and brightest to serve and truly hope my replacement is more qualified and even better at this work than me.
Second, the perpetuation of division serves very few. Especially, at this time when our nation faces so many threats, we need to work together – not treat each other as enemies. Perhaps it was naïve, but I thought in a small community it would be common knowledge that we all have more in common than we do differences. For example, I don’t agree politically with most of my neighbors neighbors. We have worked on community projects, shared food and helped one another on more than one occasion. That is the Mariposa I know, love and expect.
Third and finally, with this interference, it is likely that Supervisor Long is violating the rules of the FPPC again. In a conversation on November 19, Marshall very clearly relayed to me that my removal was the result of my position on the mining issue. Yes, Commissioners work at the pleasure of the Supervisor, but Marshall has gone well beyond his ability as an elected official to act on an issue he has recused himself from. You may wish to consider this as you cast your votes today. Things do not have to be as they are. It is always our own personal choice whether we move into darkness or into light.
In conclusion, I am grateful for the opportunity to serve. My work on the Planning Commission has been fulfilling. I have learned so much and enjoy my Commission Colleagues tremendously. I have high standards, and if I were to be fully honest, whether I stay on the Commission or am removed, it is a win-win. To perform the work to my standards, it takes an enormous amount of time, and there are many demands on my time. With or without the Commission work, I will be busy contributing to society.
Thank you.
Heather Bernikoff
