Merced discusses code of conduct amid councilman’s controversial ‘KKK’ meme

The Merced City Council revisited its code of conduct and ethics Monday night amid recent controversy involving a council member’s social media activity.

The discussion, requested by District 3 Councilmember Mike Harris, lasted an hour into the night with public comment and spotlighted the topics of freedom of speech and democracy.

The item was Monday’s agenda because Harris, during the Nov. 3 meeting, mentioned a meme he and other members of the council deemed objectionable – posted on social media by Councilmember Fue Xiong.

The proposed resolution, drafted by the council’s ethics subcommittee, included adding a section to the council’s code of conduct titled “Complaints against councilmembers.”

In the end, the council agreed to send the item back to its subcommittee for further consideration. The three sitting representatives on the ethics subcommittee are Mayor Matthew Serratto, District 1 Councilmember Darin DuPont and Harris.

“(The resolution) does protect freedom of speech, due process, de-escalation, so it’s really made to give everybody a voice in the process,” Harris, who helped draft the resolution, said, adding he borrowed the censure process outlined in the redline version from another city.

The goal, Harris said, is to streamline a formal censure or disciplinary process against council members for inappropriate behavior. Still, both Harris and Serratto said they do not have any intention to seek a censure against Xiong over the meme.

What’s driving the resolution now

For more than a year, the city council has debated its policy for determining which flags to fly in Bob Hart Square. More recently, the council voted 4-3 not to fly any commemorative flags next year.

The decision motivated District 6 Councilmember Fue Xiong to create and share a meme, which received mixed reactions from local residents and constituents.

During the Nov. 3 council meeting, Harris proposed updating the council’s code of conduct over the post.

In the meme, originally posted to Instagram and Facebook in October, Xiong equated the council’s February approval to fly the Christian flag to being on par with supporting the Ku Klux Klan, a white supremacist hate group with a historical presence in the Central Valley.

In a subsequent letter submitted to The Merced FOCUS, District 4 Councilmember Shane Smith denounced the comparison as defamatory.

“Anyway, I’d like to move on from this conversation,” Smith said after council members heard public comment and deliberated for almost an hour on the issue.

Xiong, who represents District 6, said the council should be focusing on more important business, rather than policing his social media posts.

“This is probably the smallest of things to worry about at a council (meeting),” Xiong said. “I am more worried about recusal rates up here, right? I am more worried about how so many folks are clients of council members’ firm(s)…or the financial conflicts of interest up here.”

“Really, this is just looking at my social media posts, being upset about it, and trying to reprimand me for that,” he added.

Several community members who spoke in support of Xiong said they were concerned the resolution appeared to censor and punish dissenting viewpoints on the council.

“This moment is not just about a meme,” Jazzmine Diaz, a local artist, told the council from the podium. “It is an opportunity to reflect, grow and understand how racism, both historical and modern, shows up in our institutions and our decisions.”

Smith opposed the resolution as drafted, saying it needed clear definitions of what constitutes a complaint or violation.

“I can see this being weaponized by councils in the future, so we have to tighten this up,” Smith said before directing the item back to the subcommittee for discussion.

A complaint process against council members

The resolution’s redline version outlines a complaint process against council members who violate the council’s code of conduct and ethics.

In order of severity, the offense levels for violations are admonishment, warning and the eventual censure of recurring offenders.

In 2020, the previous council took steps to censure former Councilmember Fernando Echeverria over mounting complaints about his inappropriate behavior, the Merced Sun-Star reported.

In 2021, the previous council considered censuring former Councilmember Bertha Perez over her alleged behavior against two business owners who filed complaints with the city, the Sun-Star reported.

Xiong told The Merced FOCUS he stands behind his posts, despite criticism from some community members.

“No, I don’t regret it,” Xiong said, adding his social media statements are not personal attacks against his fellow council members. Instead, they’re criticisms of the decisions the council approves.

“Right here is the context of the flag, but there’s lots of (other) contexts in which council approved things that actually hurt the community. And those things are tied to upholding the current power structure,” Xiong said.