IMPORTANT NOTICE
This is an in-person meeting and will be held in the Town Manager’s Office at 110 E. Main Street (Town Hall, upstairs). Members of the public may provide public comments for agenda items inperson by following the instructions listed below.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting. The Town Manager's Office doors (upstairs) will open at the start of the meeting and you will be asked to make your comments.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email [email protected] with the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). (3) Deadline to submit written comments is 11:00 a.m. on the day of the Council meeting for inclusion in a desk item.
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council only on the Closed Session items. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
THE TOWN WILL MOVE TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code §54956.9(d)(1))
Lynley Kerr Hogan vs. Rob Moore et al
Santa Clara County Superior Court Case Number: 25CV456254
RECONVENE IN OPEN SESSION
ADJOURNMENT
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL: CLOSED SESSION AGENDA FEBRUARY 21, 2025
110 E MAIN STREET, LOS GATOS CA 95030
2:30 PM
Matthew Hudes, Mayor
Rob Moore, Vice Mayor
Mary Badame, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834. Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].
NOTICE REGARDING SUPPLEMENTAL MATERIALS Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA
CLOSED SESSION REPORT
MEETING DATE: 02/21/2025
ITEM NO: 1
DATE: February 20, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code §54956.9(d)(1))
Lynley Kerr Hogan vs. Rob Moore et al
Santa Clara County Superior Court Case Number: 25CV456254 REMARKS:
Attachment 1 contains the February 11, 2025 Closed Session Desk Item, the February 18, 2025 Closed Session Desk Items, and a document submitted during verbal communication at the February 18, 2025 Closed Session meeting.
ATTACHMENTS:
1. February 11, 2025 Closed Session Desk Item, February 18, 2025 Closed Session Desk Items, and Document Submitted During Verbal Communication
ITEM NO. 1.
This Page Intentionally Left Blank
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA
CLOSED SESSION REPORT
MEETING DATE: 02/11/2025
ITEM NO: 2
DESK ITEM
DATE: February 11, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code §54956.9(d)(1))
Lynley Kerr Hogan vs. Rob Moore et al
Santa Clara County Superior Court Case Number: 25CV456254 REMARKS:
Attachment 1 contains public comment received before 11:01 a.m. on Tuesday, February 11, 2025.
ATTACHMENTS:
1. Public comment received before 11:01 a.m. on Tuesday, February 11, 2025 ATTACHMENT 1 Page 5
ITEM NO. 1.
From: Sylvie Hurat
To: Council
Subject: Council Defense in Hogan vs Moore et al
Date: Monday, February 10, 2025 4:34:13 PM
[EXTERNAL SENDER]
Dear Members of the Los Gatos Town Council,
I am writing to express my support for providing legal defense to Councilmembers Moore and Ristow in the matter of Hogan vs Moore et al. This issue has significant implications for both current and future public servants in our community.
The core principle at stake is the protection of elected officials who serve our community.
When individuals step forward to serve in public office, they should be assured that their service will not expose them to personal financial jeopardy for actions reasonably connected to their official duties. This protection is fundamental to maintaining a robust democratic process and ensuring that qualified candidates will continue to seek public office in Los Gatos.
The circumstances of this case raise important concerns about the potential chilling effect on public service. If elected officials must bear the personal financial burden of defending against lawsuits arising from their service, it could:
1. Discourage qualified candidates from running for office
2. Impair Council members' ability to effectively represent their constituents
3. Set a concerning precedent for future conflicts
While each legal matter must be evaluated on its specific merits, the principle of defending public servants acting within the scope of their duties is crucial for maintaining effective local government. The initial decision to provide defense in the first version of the lawsuit reflected this understanding.
I respectfully urge the Council to consider the broader implications of this decision for our community's governance and the future of public service in Los Gatos.
Thank you for your consideration of this important matter.
Sincerely,
Sylvie Hurat
ATTACHMENT 1
ITEM NO. 1.
From: Deborah Johnson < >
Sent: Tuesday, February 11, 2025 9:20 AM
To: Council <[email protected]>
Subject: Please defend LG and each other in Hogan vs Moore - your leadership is at stake [EXTERNAL SENDER]
Dear Mayor Hudes, Council Member Badame, and Council Member RennieI hope you are all keeping well.
I am writing to you with urgency as it has just come to my attention that you will be meeting this evening to discuss the Hogan vs Moore case and whether to defend your fellow council members, Moore and Ristow, now that Ms Hogan has strategically chosen to go after them ‘privately’ and not as council members.
This is bullying plain and simple and while I realize it is currently the ‘destabilizing’ strategy being used by our leaders in DC, I am desperately hoping that YOU, my town leaders, will not allow this latest intimidation tactic by Ms Hogan, to derail our town stability too.
I am a Los Gatos Resident (since 2010) - absolutely love our town and feel grateful to be able to live here. My kids have grown up here and my last child is about to finish up at LGHS. I have been an avid volunteer in town (mainly for the schools) and look forward to getting more involved in the coming years - to support the amazing leadership YOU show every day for this town. Thank you for for helping us stay strong, balanced and sustainable.
The far right politics of Lynley Kerr Hogan is completely within her First Amendment right to have - however what is NOT in her right is to harass, intimidate and verbal/phyiscal abuse members of our community, and especially leaders in our community, just because she disagrees with their views. It is hard enough to find good people like yourselves to step up and take on community leadership roles - this will only make it harder in the future.
I have the deepest respect for Council Members Ristow and Moore and while I have not agreed with their views on everything, I know that their intention is 100% to serve the people of LG and make the best decisions for our future. And I love Rob Moore’s newsletters!
If the town of LG does not defend them in this law suit, which clearly came about because of their role as town council members, we are giving carte blanche to Ms Hogan and other extreme activists to:
1. Continue with her tactics of intimidation towards our leaders and distract them away from town priorities;
2. Continue to maximize attention brought to her herself and her extreme views;
3. Continue with personal vendettas -often based on her own family grievances.
ITEM NO. 1.
The fact that Ms Hogan was stopped form attending town meetings was not because there was a desire to silence her - but because she was not respecting the norms that are designed to provide everyone with a voice in a safe and secure way.
This is an important moment for us - please stand up for each other and for the integrity of our town. I ask you to unequivocally defend Moore and Ristow.
Thank you for your attention and for your leadership.
Best,
Deborah Johnson
(East Los Gatos Resident)
ITEM NO. 1.
ITEM NO. 1.
From: Debbie Parsons
To: Council
Subject: Hogan v. Moore et al
Date: Monday, February 10, 2025 4:10:14 PM
[EXTERNAL SENDER]
Dear Mayor and Members of the Los Gatos Town Council,
I am writing to express my strong support for Councilmembers Maria Ristow and Rob Moore in their request for the Town of Los Gatos to provide them with legal defense in the lawsuit Hogan v. Moore et al.
As publicly elected officials carrying out their duties, they deserve the Town’s complete protection. This lawsuit appears to be an attempt to silence elected officials for engaging in public discourse and expressing their views during their service to our community. Given that the original lawsuit explicitly named them as Councilmembers and that the claims in the refiled suit remain substantively unchanged, it is only fair and just that the Town continues to defend them as it initially agreed.
If the Town does not stand by its elected officials when they are targeted during their service it sets a dangerous precedent that discourages civic participation and chills free expression. It undermines the ability of future leaders to serve without fear of personal financial ruin. No one should be deterred from public service because of the threat of costly litigation arising from their elected representative role.
I urge the Town Council to reaffirm its commitment to supporting those who serve our community by ensuring that Councilmembers Ristow and Moore receive the legal defense they deserve.
Thank you for your time and consideration.
Debbie Parsons
Los Gatos resident
ITEM NO. 1.
ITEM NO. 1.
From: Kjirste Morrell
To: Council
Subject: Hogan vs Moore et al
Date: Monday, February 10, 2025 4:55:28 PM
Attachments: LG Town Council - Hogan v Moore et al.pdf
[EXTERNAL SENDER]
Dear Los Gatos Town Council members,
I would like to submit a letter regarding the topic of Hogan vs Moore et al, in support of LG Town council members Rob Moore and Maria Ristow.
I have attached the letter as a PDF. Please let me know if I need to submit it some other way or if you need more information.
Best,
Kjirste Morrell
Los Gatos resident
ITEM NO. 1.
From: Ted & Pam Bancroft
To: Council
Subject: Hogan vs Moore et Al
Date: Monday, February 10, 2025 9:10:24 PM
[EXTERNAL SENDER]
Hello, Mayor Hudes and Councilmembers,
I am a former Councilmember and Mayor of Monte Sereno, where I live. I have recently become aware of the lawsuit against Maria Ristow, who I know well and Rob Moore, who I am acquainted with. I understand the Town will be discussing the defense and indemnification of these two Councilmembers at tomorrow’s closed meeting.
The fact that the claimant withdrew her original lawsuit and refiled without mention of the Council connection seems devious with the motive of disallowing Town support for their elected officials. If that were to succeed, future potential Councilmembers would think twice before running for office in Los Gatos, feeling unsupported.
I would feel very disappointed in the Los Gatos Council if you decide not to defend and indemnify your two Councilmembers. They are creative, hardworking, ethical elected officials and are worthy of your support as they have supported the Town of Los Gatos in the past several years. Please give this matter your most serious attention and make the fair decision to continue supporting them through this lawsuit.
Thank you for your service to the Town and its residents.
Sincerely,
Pamela Bancroft,
Former Monte Sereno City Councilmember and Mayor
Sent from my iPad Pro.
ITEM NO. 1.
From: Karla Albright
To: Council
Subject: Hogan vs Moore et al
Date: Monday, February 10, 2025 10:57:07 PM
[EXTERNAL SENDER]
To the LG town council, manager and attorney,
It has come to my attention that there is the possibility that the town will not be defending its own council members from a defamation lawsuit. Hogan vs Moore et al.
This makes me very sad to hear this. I absolutely love this town and I would expect that our town would support its very own hard working council members who are being threaten because they are in public facing positions. I have known both Rob and Maria for many years. They are exemplary citizens and I am grateful that they give so much of their time, heart and energy to bettering our town. And I know that each of you do likewise. Being a council member is a lot of work and thank you.
It feels so wrong not to provide the legal support that they need at this time.
It seems highly unlikely that Ms Hogan would have had any contact with Maria and Rob had they not been council members.
Ms Hogan has a history of verbal abuse of the council as well as other citizens in town (I know of 2 instances of verbal abuse). The first time I heard Ms Hogan saying extreme, hateful and personal comments in a council meeting, I googled her name. I was surprised to find that the town had a restraining order against her in 2012 and the police convinced her to return the gun she had bought at Templar sports because it was not allowed per her restraining order. I watched Ms Hogan repeatedly abuse Marico while she was mayor.
It feels like Ms Hogan is singling out Maria and Rob to silence their more progressive voices. And if the town does not defend them, it is a sure fire way to silence future progressive voices and a sure fire way to discourage anyone else from running for the council. Unless you want Ms Hogan and her friends to join the board….
Last election, Maria and Mathew ran unopposed. You need to ensure a safe environment for our town staff and council members. This means you need to defend Rob and Maria in this suit. If not, this will have a chilling effect on the current and future council members worried that they too might be sued by an unhappy towns person.
Please do the right thing and defend Maria and Rob.
Thank you for your hard work and your consideration,
Karla Albright
ITEM NO. 1.
From: rude tina
To: Council
Subject: Hogan vs Moore et al
Date: Monday, February 10, 2025 4:54:08 PM
[EXTERNAL SENDER]
Dear Town Council:
I am writing to voice my support for council members, Rob Moore and Maria Ristow. I have known both of these outstanding and dedicated council members for several years. I couldn't be more pleased with their representation at the council and with the vision they hold for the future of Los Gatos, as a welcoming, inclusive community responsive to the everyday needs of all our citizens and sensitive to the challenges ahead with respect to climate change and housing.
I am alarmed by the possibility that a frivolous lawsuit could not only upend their efforts, but also their personal financial lives. This action will create a chill in the civic life of our town. Please support your fellow council members by defending them against this damaging assault on our town government.
Sincerely,
Christina Rude, DPM
Retired PMG, Kaiser Permanente
Los Gatos resident since 1975
ITEM NO. 1.
From: MIKE WASSERMAN
To: Council
Subject: LG defending Council members
Date: Monday, February 10, 2025 7:45:35 PM
[EXTERNAL SENDER]
Good evening Honorable Council Members,
My Mom suffered a stroke about 10 days ago, so my daily/nightly schedule has become unpredictable, so I hope this short email gets to you ahead of your Closed Session on the 11th.
The reason I’m writing is simply to share my personal perspective on a Council defending Council members.
Obviously each and every instance is unique and should be reviewed and evaluated separately, but in general I wanted to say I hope the Town leans towards defending their Elected Officials whenever possible when they perform lawfully in their capacity as Elected Officials.
As you know each of them is elected to serve and represent our citizens, which, based on their monthly (or hourly) compensation, practically qualifies as “community service”. I remember when I was on Council the salary was $6/day ($180/mo.).
Anyway, if the Council majority felt previously it should defend Moore and Ristow in this current matter, I hope they follow through and do so. Thanks for reading and thanks for the tough job you all do. You deserve to hear appreciation more often!
Mike Wasserman
Sent from my iPad
ITEM NO. 1.
From: Chris Burkhart
To: Council
Subject: LG Town Council should defend Maria Ristow and Rob Moore Date: Monday, February 10, 2025 11:04:30 PM
[EXTERNAL SENDER]
Hello Los Gatos council members,
I have been a resident in Los Gatos since 1994, and I plan on staying here for many years to come. I fell in love with this town, enjoyed raising our children here, and have faithfully supported the LG Town Council.
I was angered to learn that a lawsuit originally directed against Town Council members Maria Ristow and Rob Moore has been revised to omit referring to them as council members. I understand that the Town Council will be meeting tomorrow to vote on whether to defend them.
I urge you to stand up and defend your fellow council members, mainly because this is the only ethical path to take.
Defending Rob and Maria is critical to prevent setting a precedent in which you and future town council members may be personally held liable for town council related actions.
Matthew, I know from personally attending your election to Mayor, that you grew up in, love, and support Los Gatos. Mary, I am thankful that your mother and father “instilled a strong work ethic and moral compass” as noted in your bio. And Rob Rennie, thank you for your long history of community, school, and Rotary volunteer work.
And most of all, my heartfelt thanks to all of you for your diligence and dedication in supporting the town of Los Gatos. I am confident that you three will make the right decision tomorrow—to defend council members Maria Ristow and Rob Moore to the best of your ability.
Regards,
Chris Burkhart
ITEM NO. 1.
From: Audrey Fox
To: Council
Subject: Please ensure legal defense for Council members Ristow and Moore Date: Tuesday, February 11, 2025 7:27:16 AM
[EXTERNAL SENDER]
Dear Mayor and Members of the Los Gatos Town Council,
I am writing to express my strong support for Councilmembers Maria Ristow and Rob Moore in their request for the Town of Los Gatos to provide them with legal defense in the lawsuit Hogan v. Moore et al. These council members are publicly elected officials carrying out their duties. They are hard-working, dedicated people who devote enormous amounts of time to make our community better. As such, they deserve the Town’s full protection in this matter.
If the Town does not stand by its elected officials when they are targeted in the course of their service, it sets a dangerous precedent—one that discourages civic participation, chills free expression, and undermines the ability of future leaders to serve without fear of personal financial ruin. No one should be deterred from public service because of the threat of costly litigation that arises from their role as an elected representative.
The original lawsuit explicitly named them as Councilmembers; then the suit was refiled with changed verbiage, a clear and uncontestable attempt to strip them of defense by the Town.
Since the claims in the refiled suit remain substantively unchanged, it is only fair that the Town continue to defend them as it initially agreed.
Council Members cannot function in the interest of the Town and on behalf of constituents if they fear they might be sued and left with no support or assistance by the Town they serve.
We must protect them so they can do their jobs. I urge the Town Council to reaffirm its commitment to supporting those who serve our community by defending and indemnifying Councilmembers Ristow and Moore and making sure they receive the legal defense they deserve. Thank you for your time and consideration.
Thank you,
Audrey Fox
ITEM NO. 1.
From:
To: Council
Subject: Please ensure legal defense for Council members Ristow and Moore Date: Monday, February 10, 2025 7:05:17 PM
[EXTERNAL SENDER]
Dear Mayor and Members of the Los Gatos Town Council,
I am writing to express my strong support for Councilmembers Maria Ristow and Rob Moore in their request for the Town of Los Gatos to provide them with legal defense in the lawsuit Hogan v. Moore et al. These council members are publicly elected officials carrying out their duties. They are hard-working, dedicated people who devote enormous amounts of time to make our community better. As such, they deserve the Town’s full protection in this matter.
If the Town does not stand by its elected officials when they are targeted in the course of their service, it sets a dangerous precedent—one that discourages civic participation, chills free expression, and undermines the ability of future leaders to serve without fear of personal financial ruin. No one should be deterred from public service because of the threat of costly litigation that arises from their role as an elected representative.
The original lawsuit explicitly named them as Councilmembers; then the suit was refiled with changed verbiage, a clear and uncontestable attempt to strip them of defense by the Town.
Since the claims in the refiled suit remain substantively unchanged, it is only fair that the Town continue to defend them as it initially agreed.
Council Members cannot function in the interest of the Town and on behalf of constituents if they fear they might be sued and left with no support or assistance by the Town they serve.
We must protect them so they can do their jobs. I urge the Town Council to reaffirm its commitment to supporting those who serve our community by defending and indemnifying Councilmembers Ristow and Moore and making sure they receive the legal defense they deserve. Thank you for your time and consideration.
Thank you,
Karen Rubio
ITEM NO. 1.
From: Jeffrey Seizan Suzuki
To: Clerk
Subject: Public Comment Item #2
Date: Tuesday, February 11, 2025 9:10:50 AM
[EXTERNAL SENDER]
To the Los Gatos Town Council,
I am writing to the Town Council not as a Complete Streets and Transportation Commissioner, but as a concerned private citizen regarding the potential legal defense of Councilmembers Ristow and Moore.
Last December, the Los Gatos Town Council authorized a legal defense of Councilmembers Ristow and Moore, agreeing to indemnify them. This makes sense— both had been acting in the line of duty as representatives in public, engaging with their community. And the allegations were, as you all understand, absurd.
Now, in the new complaint with the omission of Councilmember Ristow and Moore’s affiliation with the Los Gatos Town Council, are we supposed to believe that the dynamics of the case have fundamentally changed? Is the fact that they are Councilmembers engaging with the public no longer relevant?
The comment you are currently reading is quite different from the one I had written originally.
My original comment was far more specific and provided more context regarding all parties involved. However, I re-wrote sections of it because I do not wish to empty my pockets to defend against an utterly spurious lawsuit.
Precedent in Los Gatos matters. There will be a chilling effect on everyone's ability to speak.
You will have a target painted on your back, not only reputationally, but legally. This is not to say that local governments should unconditionally support their Councilmembers in every legal dispute. However, defending Councilmembers who face such baseless accusations while carrying out their duties is in the public interest.
You may have differences in opinion, yes. But by failing to defend these Councilmembers, you will open yourselves to exactly the same line of attack. In conducting your duties to engage with the general public, those hostile to your political views could sue you at will because there will be a widespread understanding that you will face these lawsuits alone. All someone has to do is neglect to mention that you are a Councilmember, and you may have to pay five or six figures to survive the lawsuit.
Regards,
Jeff Suzuki
ITEM NO. 1.
From:
To: "Carole Phipps"; Council
Subject: RE: Support our Council Members
Date: Monday, February 10, 2025 3:57:09 PM
[EXTERNAL SENDER]
Thank you so much, Carole! Please feel free to share this with any friends who would like to write in as well. I appreciate you
From: Carole Phipps
Sent: Monday, February 10, 2025 3:51 PM
To: [email protected]
Subject: Support our Council Members
I am writing to the Los Gatos Town Council on the topic of Hogan vs Moore et al. I want to express my support for all of our hard-working council members and request that the Town indemnify and defend them in this lawsuit.
Clearly Council Members cannot function in the interest of the Town and all of us if they fear they might be sued and left with no support or assistance for the Town they serve.
We must protect them so they can do their jobs.
Thank you,
Carole Phipps
ITEM NO. 1.
From: Leslee Guardino
To: Council
Subject: Support for Maria Ristow and Rob Moore
Date: Monday, February 10, 2025 8:39:11 PM
[EXTERNAL SENDER]
Subject: Support for Town Defense of Councilmember Maria Ristow Dear Members of the Los Gatos Town Council,
I am writing to express my strong support for the Town of Los Gatos to provide a legal defense for Councilmembers Maria Ristow and Rob Moore in the lawsuit filed against them.
I am a business owner in the town of Los Gatos for the last 20 years.
The Town initially agreed to defend them when they were named as Councilmembers in the original lawsuit. The fact that the lawsuit was refiled without explicitly naming their official roles, while maintaining the same factual allegations, should not change the Town’s responsibility to stand by its elected officials.
Councilmember Ristow’s involvement in this case is a direct result of her public service. As an elected representative, she has engaged in policy discussions and community dialogue— actions that are essential to democracy and to the functioning of local government. The lawsuit appears to be an attempt to silence her and Councilmember Moore for their political positions, setting a troubling precedent that could deter future leaders from serving in public office.
If the Town fails to defend them, it sends a message that elected officials are personally liable for engaging in public discourse. This would have a chilling effect on civic participation, making it financially and personally risky for qualified individuals to seek office. It also raises serious concerns about the ability of the Town Council to function effectively if members fear that their policy positions could result in personal lawsuits.
I urge you to reaffirm the Town’s commitment to its elected officials and provide a legal defense for Councilmembers Ristow and Moore. They should not bear the financial and emotional burden of a lawsuit that stems from their service to the community.
Sincerely,
ITEM NO. 1.
ITEM NO. 1.
From: Carole Phipps
To: Council
Subject: Support our Council Members
Date: Monday, February 10, 2025 3:51:42 PM
[EXTERNAL SENDER]
I am writing to the Los Gatos Town Council on the topic of Hogan vs Moore et al. I want to express my support for all of our hard-working council members and request that the Town indemnify and defend them in this lawsuit.
Clearly Council Members cannot function in the interest of the Town and all of us if they fear they might be sued and left with no support or assistance for the Town they serve.
We must protect them so they can do their jobs.
Thank you,
Carole Phipps
ITEM NO. 1.
From: Marsha Palitz-Elliott
To: Council
Subject: The Town Needs To Stand By Its Councilmembers
Date: Monday, February 10, 2025 9:54:59 PM
[EXTERNAL SENDER]
To the Town of Los Gatos,
I am writing as a long term resident of Los Gatos, having resided in the Town for 37 years.
I love my town, and appreciate the dedication of our Town's elected officials, having worked with many over the years.
I feel strongly that the Town needs to defend Rob Moore and Maria Ristow who are being sued in their capacity as Town Council members by a disgruntled Los Gatos resident who has a long history of opposing the Town's progressive policies. It is not right to look to our leaders to carry out Town policies and then abandon those same leaders when they are sued.
From the outside looking in, it appears that this resident is using the legal system to try to silence our elected representatives. This sets a dangerous precedent - hamstringing our elected leaders, leaders who were duly elected to their posts.
If Rob and Maria are left to pay for legal representation on their own, who will be willing to run to serve on the Town Council in the future?
Please do the right thing and defend Maria Ristow and Rob Moore. They are hard working, dedicated public servants and they deserve the support of their Town.
Thank you for your consideration.
Sincerely,
Marsha Palitz-Elliott
ITEM NO. 1.
From: Fred Rubio
To: Council
Subject: Please ensure legal defense for Council members Ristow and Moore Date: Tuesday, February 11, 2025 10:49:37 AM
[EXTERNAL SENDER]
Dear Mayor and Members of the Los Gatos Town Council,
I am writing to express my strong support for Councilmembers Maria Ristow and Rob Moore in their request for the Town of Los Gatos to provide them with legal defense in the lawsuit Hogan v. Moore et al. I am very concerned that if council members are not supported in their efforts to help our community thrive, it will have an effect for years to come – who would want to serve on the council if they were liable for any lawsuit, frivolous or not? The original lawsuit explicitly named them as Councilmembers; then the suit was refiled with changed verbiage, a clear and uncontestable attempt to strip them of defense by the Town.
Since the claims in the refiled suit remain substantively unchanged, it is only fair that the Town continue to defend and indemnify them as it initially agreed.
Thank you,
Fred Rubio
Los Gatos, CA 95032
ITEM NO. 1.
From: Catherine Macierz
To: Council
Subject: Stand up for the truth
Date: Tuesday, February 11, 2025 9:43:24 AM
[EXTERNAL SENDER]
Good morning Los Gatos Town Council….
We have been a proud members of this community for 60 years! We must defend Rob Moore and Maria Ristow against this ongoing hateful and ridiculous lawsuit. Please do not be bullied! We must stand with Rob and Maria who have done so much good for our town.
Thank you,
Tim and Cathy Macierz
ITEM NO. 1.
From: The Javeys
To: Council
Subject: Support Fare & Principled Leadership in Los Gatos. Support Los Gatos Council members, Rob Moore and Maria Ristow.
Date: Tuesday, February 11, 2025 10:52:12 AM
[EXTERNAL SENDER]
To Los Gatos Town Council and Staff,
I am writing to express my unwavering support for the principles of fairness, integrity, and community service that define strong leadership in Los Gatos. It is deeply troubling to see legal action like the one currently being brought by a disgruntled and misinformed town resident against two of our committed public servants. This individual is weaponizing litigation as a tool against those who have lawfully dedicated themselves to upholding the values of inclusivity, respect, and civic responsibility in our town.
Los Gatos thrives when our leaders foster dialogue, advocate for marginalized voices, and uphold justice and decency. Leadership requires the courage to stand against divisive rhetoric and protect the rights and dignity of all residents. Attempts to undermine this commitment through retribution and litigation set a dangerous precedent that threatens the democratic process and discourages public service.
We cannot allow intimidation to replace constructive discourse. Supporting ethical leadership means standing up for the core principles of our community: respect, diversity, and civility. I urge my fellow residents and community leaders to reaffirm these values and to support those who work tirelessly to preserve them, namely Ms Ristow and Mr Moore.
Sincerely,
Maureen Cappon-Javey
Town of Los Gatos resident
ITEM NO. 1.
From: Jonathan Knowles
To: Council; Maria Ristow; Rob Moore; Rob Rennie; Matthew Hudes; Mary Badame Subject: Support for council members legal defense funding Date: Tuesday, February 11, 2025 9:38:06 AM
[EXTERNAL SENDER]
Dear Members of the Los Gatos Town Council,
I am writing to express my strong support for the Town of Los Gatos providing legal defense funding for Council Members Maria Ristow and Rob Moore in their current lawsuit.
The circumstances of this case raise serious concerns about the future of public service in our community. These council members were initially named in their official capacity, and although the lawsuit was strategically refiled to remove these references, the underlying facts remain unchanged. The Town Council had previously agreed to defend them in the original version of the lawsuit, and this support should continue.
The potential financial burden of self-defense in this case could be devastating for these public servants, with damages being sought above $35,000 from each council member. This sets a concerning precedent that could deter qualified candidates from seeking public office in Los Gatos. How can we expect community members to step forward and serve if they risk personal financial ruin for carrying out their duties?
More broadly, this situation threatens the effective functioning of our town council. If council members must operate under the constant threat of personal litigation, it could severely impact their ability to serve our community effectively and speak freely on important issues.
We have seen and continue to see this approach to bullying elected officials playing out on local, state and national levels. I believe this has the potential to disrupt effective governance for generations if allowed to play out.
I urge you to approve the town's defense of Council Members Ristow and Moore. This decision is not just about these two individuals - it's about protecting the integrity of our local government and ensuring that public service remains accessible to all who wish to serve our community.
Thank you for your consideration of this important matter.
Sincerely,
Jonathan Knowles
Los Gatos, California
ITEM NO. 1.
From: Rebecca O"Connor
To: Council
Subject: support for Maria Ristow and Rob Moore
Date: Tuesday, February 11, 2025 9:47:35 AM
[EXTERNAL SENDER]
Please support Mrs. Ristow and Mr. Moore by covering their legal expenses. Board members dedicate many hours for our community and are not paid for that service. --
Rebecca 'Becky' O'Connor
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA
CLOSED SESSION REPORT
MEETING DATE: 02/18/2025
ITEM NO: 1
DESK ITEM
DATE: February 18, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Government Code §54956.9(d)(1))
Lynley Kerr Hogan vs. Rob Moore et al
Santa Clara County Superior Court Case Number: 25CV456254 REMARKS:
Attachment 1 contains public comments received before 11:01 a.m. on Tuesday, February 18, 2025.
ATTACHMENTS:
1. Public comments received before 11:01 a.m. on Tuesday, February 18, 2025
ITEM NO. 1.
From: Lisa Wade
Sent: Tuesday, February 18, 2025 10:54 AM
To: Council <[email protected]>
Subject: Fwd: Please support council members Moore and Ristow [EXTERNAL SENDER]
Dear Mayor and Town Council members,
I am a long-time Los Gatos resident asking you to please support Council members Rob Moore and Maria Ristow with legal defense in the lawsuit Hogan v. Moore et al. These two council members do a lot for Los Gatos and I believe they deserve the Town’s full protection.
We must protect council members from this kind of legal action so they can perform their duties. I strongly urge the Town Council to support council members Moore and Ristow by providing the legal defense they so deserve.
Sincerely,
Lisa Wade
ATTACHMENT 1
ITEM NO. 1.
From: Tori Horton
Sent: Monday, February 17, 2025 8:57 PM
To: Matthew Hudes <[email protected]>; Rob Rennie <[email protected]>; Mary Badame <[email protected]>; Council <[email protected]> Subject: Protect Los Gatos Councilmembers
[EXTERNAL SENDER]
Dear Los Gatos Town Council,
I’m writing as a resident of Los Gatos to urge you to stand by Councilmembers Rob Moore and Maria Ristow and provide them with a legal defense in the lawsuit against them. Public service should not come with the risk of personal financial ruin for engaging in policy discussions, yet that’s exactly what’s at stake here.
This lawsuit appears to be an attempt to intimidate and silence elected officials over political disagreements. The case was initially filed naming them as Councilmembers, and the Town rightly agreed to indemnify and defend them. After learning this, the complainant refiled, omitting their official titles—but the claims remain the same. This should not be a loophole to strip them of the protection they deserve as public servants.
If the Town fails to defend them, we risk setting a terrible precedent for those in public service. Who will want to run for office if they risk being personally sued for simply participating in civic discussions? This isn’t just about these two Councilmembers—it’s about ensuring that all elected officials can serve our community without fear of targeted legal attacks.
Please do the right thing and reaffirm the Town’s commitment to defending its Councilmembers. It’s not just fair—it’s necessary for the future of good governance in Los Gatos.
Sincerely,
Tori Horton
ITEM NO. 1.
From: Annie Schwartzstein
Sent: Monday, February 17, 2025 10:04 PM
To: Clerk <[email protected]>
Subject: Public Comment Item #1
[EXTERNAL SENDER]
Dear Mayor and Council Members,
This last year, I moved to Los Gatos from a nearby Bay Area city. Since moving here, I have absolutely loved living in the town. During this time, I have become interested in the town council, and I've really enjoyed coming to town meetings and activities. It's been a great way to get to know people and get to know the town. In other places I've lived, I've also been involved in local politics, and I have been so impressed since moving here with how involved the people in Los Gatos are. People seem really excited to give back to the community.
When the calls came out late last year and earlier this year to serve on town commissions, boards, and committees, I thought about getting more involved. I thought it would be a fun way to get more involved and give back to the community. I have opinions and would love to share a younger voice for the town!
However, since learning more about the town council's recent history, I have decided that I do not see myself ever serving the town in any official capacity.
This decision was made after going back and watching council meetings from 2021 when Mayor Sayoc was enduring harassment from a few people within the community. I have also watched the council meetings where Planning Commissioner Kylie Clark was censured. Now, the town is considering potentially not paying the legal fees for Councilmembers Moore and Ristow. To me, it appears that there are a few people within Los Gatos who can be incredibly hostile to people from one side of the political spectrum.
As a person with more progressive political ideas, I have hesitated at times in council meetings to speak. I am nervous about being recognizable enough that I could potentially be followed after meetings and harassed. I'm nervous that people could find out where I live and harass me there for my opinions and ideas. This is unfortunate because one of the biggest reasons I enjoy going to council meetings is to meet new people and gain a sense of community.
But let me be clear: these anxieties are not simply imagined by our town officials; they are reality. It has been well documented over the last few years that if you serve Los Gatos, you must endure not only harassment within town meetings but also threats at your own home and now threats to your financial well-being that could impact you for the rest of your life. It seems like if you have a certain set of beliefs on the Los Gatos Town Council or commissions/boards/committees, you have to accept that you have signed up for bullying, harassment, public humiliation, and shaming, and your livelihood being played with for political gain. This is unacceptable. It should not be a brave act to serve the town.
The lawsuit that is facing Councilmembers Moore and Ristow is impacting them because they have decided to serve this town. You are sending a very strong message to people who are considering serving this town if you do not use town resources to defend them. You are also
ITEM NO. 1.
sending a strong message to the people threatening town officials that this is acceptable behavior.
I strongly urge the town council to provide legal support to Councilmembers Moore and Ristow.
Thank you for your hard work and continued service to the town.
Best,
Annie
ITEM NO. 1.
From: Gayle Blayney Gordon
Sent: Tuesday, February 11, 2025 2:32 PM
To: Council <[email protected]>
Subject: Hogan vs. Moore lawsuit
[EXTERNAL SENDER]
To Los Gatos Mayor Matthew Hudes, Town Council members Rob Rennie and Mary Badame, We have lived in the town of Los Gatos since 1987. We have been active volunteers in our town and in our schools. We feel proud of our community and the Town Councils’ support of community activities and events, and our town’s facilities and services. We have always voted in elections for our Town Council members, and have participated in some Town Council members campaigns. We have attended Town Council meetings and have spoken before the Town Council on matters important to us.
It has come to our attention that Vice Mayor Rob Moore and Town Council member Maria Ristow are being sued by a town resident. They are apparently being sued due to their positions on the Town Council. It is unknown at this time whether they will be represented by our Los Gatos Town Attorney.
We feel that Maria Ristow and Rob Moore should be represented by the Los Gatos Town Attorney since the legal complaint apparently arose due to their elected positions on the Town Council. It is only fair that Los Gatos citizens that are elected to our Town Council should receive the services of our Los Gatos Town Attorney to represent them when lawsuits are filed that arise as the result of their actions in representing their fellow citizens.
As Town Council members, you need to ensure a safe environment for our town staff and all council members. This means you need to approve the Los Gatos Town Attorney to defend your fellow town council members, Rob Moore and Maria Ristow, in this lawsuit. If not, this will have a chilling effect on the current and future Town Council members worried that they too might be sued by an unhappy town resident.
Thank you.
Gayle and Malcolm Gordon
ITEM NO. 1.
From: J.R. Fruen <[email protected]>
Sent: Tuesday, February 11, 2025 12:00 PM
To: Council <[email protected]>
Subject: Hogan v. Moore, et al.
[EXTERNAL SENDER]
Mayor Hudes and Members of the Town Council:
It has come to my attention through news reports and elsewhere that two of your colleagues, Vice Mayor Rob Moore and Councilmember Maria Ristow, are the subject of a purported defamation lawsuit whose clear aim is to stifle public discourse and to harass fellow councilmembers in the performance of their public function. Given the clear intersection between the claimed unlawful activity and the public roles that your two colleagues perform, I would hope and expect that you would authorize defense of this suit on their behalf.
To the extent that any action touching on public functions, such as community engagement and the dissemination of official information, is implicated in a suit alleging defamation, it should be the duty of the public agency to defend such action. The alternative is the chilling of the free exchange of ideas and the erection of new impediments to running for office—namely whether any eligible candidate would put himor herself forward in light of the personal legal risk it would entail. Los Gatos already saw no non-incumbents file to run in the last election. For the sake of a reasonably functioning local democracy, please support the defense of your colleagues and prevent the legal equivalent of a heckler’s veto on public discourse.
Respectfully yours,
J.R. Fruen
Councilmember
City Council
[email protected]
(408)777-1316
ITEM NO. 1.
From: Lisa Wade
Sent: Tuesday, February 11, 2025 11:10 AM
To: Council <[email protected]>
Subject: Please support council members Moore and Ristow [EXTERNAL SENDER]
Dear Mayor and Town Council members,
I am a long-time Los Gatos resident asking you to please support Council members Rob Moore and Maria Ristow with legal defense in the lawsuit Hogan v. Moore et al. These two council members do a lot for Los Gatos and I believe they deserve the Town’s full protection.
I believe we must protect council members from this kind of legal action so they can perform their duties. I strongly urge the Town Council to support council members Moore and Ristow by providing the legal defense they so deserve.
Sincerely,
Lisa Wade
ITEM NO. 1.
From: Carl Guardino
Sent: Wednesday, February 12, 2025 4:12 AM
To: Council <[email protected]>
Subject: Hogan Lawsuit -- Defending Councilmembers' Moore and Ristow [EXTERNAL SENDER]
Dear Mayor Hudes, Town Council and Town Manager:
My thanks to each of you for your service and leadership for the Town of Los Gatos and all of its residents.
For more than 21 years, my family and I have lived in both Los Gatos and Monte Sereno. My wife is also a long-time business owner in town. We have long been impressed and appreciative of the work of the Council and its commitment to the community.
It is also why we are deeply concerned about the lawsuit that has been filed against two of the five Councilmembers, Vice Mayor Moore
and Councilmember Ristow. It is vitally important that the Town represent and indemnify each of these committed and thoughtful leaders
against this frivolous lawsuit. The fact that the initial lawsuit, which recognized the vital public role of Councilmembers' Moore and Ristow,
was rescinded and refiled without listing their public role -- in no way diminishes the fact that Mr. Moore and Ms Ristow serve the Town in their elected capacities.
If the Town were to choose not to represent and indemnify these two Members of the Council, it would place a chill on any public official's ability to conduct the public's business, and limit interest in serving the Town in an elected or appointed capacity.
With great respect, I urge the Town Council to resist the pressure that the litigant is trying to exert on the Town, and to stand with Vice Mayor Moore and Councilmember Ristow against this lawsuit.
Thank you for your time and consideration.
Sincerely,
Carl Guardino
ITEM NO. 1.
From: Deborah Lowe
Sent: Tuesday, February 11, 2025 7:51 PM
To: Council <[email protected]>
Subject: Concerned Resident
[EXTERNAL SENDER]
To the Los Gatos Council Members, Town Manager and attorney, First, let me thank you for your service and dedication to the Town of Los Gatos. I appreciate the commitment you have made to public service, especially in light of the contentious times we are living in. I have lived in Los Gatos for over 30 years, raised my kids here and love our community.
It has come to my attention the a resident of our town, Lindley Hogan, has filed a defamation suit against two of our council members, Rob Moore and Maria Ristow. I am aware of Ms.
Hogan’s history of grievances against council members and that the town has filed a restraining order against her in the past. This adversarial relationship she has with town council members, in particular, the progressive members of the council, is troubling to say the least. Because you disagree with the politics of someone else does not give you the right to harass them or to file suit because they don’t hold the same beliefs.
I further understand she has sought to file suit against them personally rather than as members of the Town Council. My personal interpretation of this move is it is one of intimidation. I’m sure any interactions she has had with Rob or Maria was in their capacity as council members. I hope the town stands by council members Moore and Ristow. I have attended council meetings, I sit on the library board and every interaction with Mr. Moore and Ms. Ristow has been nothing but courteous and professional. They are thoughtful and pleasant and I feel strive to work in the best interest of the town.
In the bigger picture, not standing by them would surely dissuade folks in the future from public service.
Thank you for your time, please stand by Council members Moore and Ristow.
Sincerely,
Debbie Lowe
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