After two investigations into whether Morgan Hill Mayor Mark Turner pushed and berated Councilmember Yvonne Martínez Beltrán at a February meeting, a report made public this week rebuts those allegations, finding “insufficient evidence” to support Martínez Beltrán’s claims.
While the two often vote together on the regular business of the city, Turner and Martínez Beltrán have a history of public, sometimes heated, disagreements during city council meetings, especially on politically salient issues ranging from a tax deal for a luxury hotel, remote access to meetings, and a peace resolution for the Israel-Hamas War. Many of these came to a head when the two faced off in a mayoral race last November which saw both exchange barbs publicly over their experience and accomplishments before Turner returned to the mayor’s seat with a 16-point lead.
In February, one of these disagreements led to the exchange that resulted in the investigation. Before a special meeting to set priorities for the new council on February 7, Martínez Beltrán asked Turner to include an item on the agenda seeking a resolution stating that the City Council would protect the rights of residents regardless of immigration status. Turner, however, directed Martínez Beltrán to use the council’s usual process, which takes several weeks. At the meeting, Martínez Beltrán argued that, given the political climate, the issue was too urgent to wait, leading to discussion riddled with cross-talk between Turner and Martínez Beltrán. Martinez Beltrán’s request to vote for a special meeting on the issue ultimately was denied, and the mayor subsequently called for a break.
According to the allegations against the mayor included in the report, Martínez Beltrán said that during the break, Turner yelled and pointed at her, told her to “get in line” and pushed her. She brought her complaints to the Morgan Hill Police Department and to the city, which set off an investigation by the third party Kramer Workplace Investigations.
The investigation included conversations with all councilmembers, City Manager Christina Turner and City Attorney Donald Larkin, who both report to the mayor and City Council.
Available video of the incident shows Martínez Beltrán (in red) approaching Turner (in grey), who appears to touch her forearm. Turner is then seen engaging in a discussion offscreen, presumably with Martínez Beltrán, where he is seen nodding then briefly extending his right arm as he turns to sit down. No audio is heard of their discussion.
While the witness accounts included in the report differ on the order and phrasing, they largely agree that Turner touched Martínez Beltrán on the arm, told her to “calm down,” and that she responded by saying “don’t touch me.”
Given the video evidence and interviews with witnesses, the investigation by the third party said there was not enough evidence to support Martínez Beltrán’s allegations. While she also filed a police report, the District Attorney has rejected the case and will not file charges.
In a written statement to this news organization, available in its entirety here, MB called the report “incomplete and whitewashed,” saying that investigators failed to contact relevant witnesses which she had identified. “This was not a misunderstanding, it was verbal and physical assault by Mayor Mark Turner — an escalation of his misogynistic behavior, his disregard for those he believes himself entitled to dominate, and his ongoing inability to restrain himself,” she said, arguing that she made the report “not just for myself, but to prevent future harm to others.”
In his own written statement, Turner expressed gratitude for the investigators and their efforts to “ultimately reveal the truth,” and “disappointment in Ms. Beltran’s decision to fabricate these claims following her loss in the mayoral election last November.”
“These false accusations and subsequent investigations have been disruptive to our collective work and to the public trust we are obligated to uphold. I hope we can now move forward, refocusing our attention on serving the community in a way our residents and businesses deserve,” he said.
According to City Attorney Larkin, the City Council, excluding Turner and Martínez Beltrán, met to discuss the findings of the report, and voted to refer the report to the Fair Political Practices Commission, a non-partisan state body that oversees enforcement of campaign and conflict of interest laws, and to the Santa Clara County Civil Grand Jury, an independent body that examines complaints into actions or performance of public officials and agencies.
The council also voted to hold a special meeting on the report on July 22, which Martínez Beltrán said she had requested to have moved back to August 20, since she will be unable to attend the July meeting.