San Bernardino, CA – As details from the claims against the City of San Bernardino unfold, additional information and evidence has come forward, further exposing Mayor Valdivia’s unethical conduct.
In one of the pending claims from victim Don Smith – a prior campaign worker and current Field Rep for the Mayor, evidence and statements outline how Valdivia made fun of homeless people (calling one a “scumbag,” which was captured on video), sent messages ordering him to not assist a resident that didn’t support him in the election, and had Mr. Smith drive him around while he engaged in sexual behavior with an unknown woman.
Mr. Smith submitted a declaration last week stating that he witnessed Mayor Valdivia take an envelope of cash from a tow company owner during a late-night private meeting at a restaurant. The declaration was submitted as part of a separate lawsuit filed by Pepe’s Towing alleging civil rights violations by the Mayor and several other City officials; a separate law firm is handling this lawsuit. The information was also submitted to the San Bernardino County District Attorney as part of the ongoing investigation into possible illegal financial activity by the Mayor.
Since coming forward publicly about the Mayor’s abuse and misconduct, Mr. Smith has been retaliated against. The city has 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 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. The retaliation and lack of cooperation is only making the situation worse for themselves and the community that is watching this disgraceful situation unfold.
Attorney Tristan Pelayes
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