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
DESK ITEM
DATE: February 21, 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 2 contains public comments received before 11:01 a.m. on Friday, February 21, 2025.
Attachments previously received:
1. February 11, 2025 Closed Session Desk Item, February 18, 2025 Closed Session Desk Items, and Document Submitted During Verbal Communication Attachments received with this Desk Item:
2. Public comments received before 11:01 a.m. on Friday, February 21, 2025 This Page Intentionally Left Blank
From: Pat Blair
To: Clerk
Subject: Egregious wrong
Date: Thursday, February 20, 2025 1:59:36 PM
[EXTERNAL SENDER]
To whom it may concern,
I just want to email in absolute and total support of Maria Ristow and Rob Moore. They should not be allowed to be under attack by a woman that we know to be unstable and not be fully supported by our town. Please stand behind these hard working town council members!! We need to stand up for what is right!
Pat Blair
ATTACHMENT 2
From:
To: Rob Rennie
Cc: Gabrielle Whelan; [email protected].; Clerk Subject: Please support Councilmembers Moore/Ristow in re: Hogan v. Moore et al.
Date: Thursday, February 20, 2025 2:29:31 PM
Attachments: image001.png
[EXTERNAL SENDER]
Dear Councilmember Rennie:
Thank you for your time on Tuesday night so I and others could verbally address you and the other councilmembers in this matter. I am writing again 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. My reasons are as follows:
1. 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.
2. 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.
3. The original lawsuit explicitly named defendants 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.
4. 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.
I have been involved with Town activities for several years now, mainly through my nonprofit Plant-Based Advocates. I have personally spoken to and worked with all five current Council members as well as past Council members, and I truly appreciate your support and willingness to work with us to achieve our goals to better our Town. I truly appreciate all the hard work that each Council member does, giving of their time and energy to make Los Gatos a great place to live.
As a Town resident, I have considered serving on a commission in the future. I can honestly say that now, seeing the willingness of some residents to pursue their extreme anti-LGBTQ, anti-VAX, and anti-DEI agenda – to the point of ruining others’ lives – I would not want to serve the Town knowing that I would be exposed to a hateful agenda with no support. I have attached a flyer from August 2022 as an example of just SOME of the many anti-DEI incidents and actions that our Town has experienced since 2020. The author is unknown, but the claimant has espoused these views many times at Council meetings.
I can’t emphasize enough that we must support all Council members who serve this Town in their capacity as elected officials. Thank you for your time and consideration.
Thank you,
Karen Rubio
Organizer
From:
To: Clerk
Subject: FW: Please support Councilmembers Moore/Ristow in re: Hogan v. Moore et al.
Date: Thursday, February 20, 2025 3:48:30 PM
Attachments: image002.png
PR - Plant-Based Advocates supports Town of Los Gatos Diversity initiative - version 6.6.21.docx Opinion Los Gatos is pushing back against hate, divisiveness.pdf [EXTERNAL SENDER]
In addition, I will be bringing copies of these documents to share with Council members and Town attorney. Just wanted to make sure they are in your file as well.
Thank you,
Karen Rubio
From:
Sent: Thursday, February 20, 2025 2:28 PM
To: '[email protected]' <[email protected]>
Subject: FW: Please support Councilmembers Moore/Ristow in re: Hogan v. Moore et al.
Dear Clerk,
I understand that emails sent to Councilmembers Hudes, Badame and Rennie are not being received. I am forwarding this email to you to make sure you receive it. Can you confirm? Thank you,
Karen Rubio
From:
Sent: Thursday, February 20, 2025 1:56 PM
To: '[email protected]' <[email protected]>
Cc: '[email protected]' <[email protected]>; '[email protected].' <[email protected].>
Subject: Please support Councilmembers Moore/Ristow in re: Hogan v. Moore et al.
Dear Mayor Hudes:
Thank you for your time on Tuesday night so I and others could verbally address you and the other councilmembers in this matter. I am writing again 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. My reasons are as follows:
1. 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.
2. 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.
3. The original lawsuit explicitly named defendants 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.
4. 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.
I have been involved with Town activities for several years now, mainly through my nonprofit Plant-Based Advocates. I have personally spoken to and worked with all five current Council members as well as past Council members, and I truly appreciate your support and willingness to work with us to achieve our goals to better our Town. I truly appreciate all the hard work that each Council member does, giving of their time and energy to make Los Gatos a great place to live.
As a Town resident, I have considered serving on a commission in the future. I can honestly say that now, seeing the willingness of some residents to pursue their extreme anti-LGBTQ, anti-VAX, and anti-DEI agenda – to the point of ruining others’ lives – I would not want to serve the Town knowing that I would be exposed to a hateful agenda with no support. I have attached a flyer from August 2022 as an example of just SOME of the many anti-DEI incidents and actions that our Town has experienced since 2020. The author is unknown, but the claimant has espoused these views many times at Council meetings.
I can’t emphasize enough that we must support all Council members who serve this Town in their capacity as elected officials. Thank you for your time and consideration.
Thank you,
Karen Rubio
Organizer
doing, “Start authentic conversations that contribute to deeper understanding, compassion, and community healing.”
We support our Mayor and Town Council and look forward to helping make our beautiful Los Gatos even more welcoming and inclusive.
ABOUT
Plant-Based Advocates -Los Gatos is a community of people passionate about addressing climate change, reversing environmental destruction, and improving the health of our residents. Our mission is to mitigate climate change by reducing the traditional reliance on meat and dairy and encouraging the adoption of plant-based diets in our community. Learn more about us here:
http://www.plantbasedadvocates.com/For questions, or to be notified about events and information, please send your name, city and email to [email protected]. ###
From:
To: Mary Badame
Cc: Gabrielle Whelan; Chris Constantin; Clerk
Subject: Please support Councilmembers Moore/Ristow in re: Hogan v. Moore et al.
Date: Thursday, February 20, 2025 2:29:35 PM
Attachments: image001.png
[EXTERNAL SENDER]
Dear Council member Badame:
Thank you for your time on Tuesday night so I and others could verbally address you and the other councilmembers in this matter. I am writing again 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. My reasons are as follows:
1. 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.
2. 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.
3. The original lawsuit explicitly named defendants 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.
4. 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.
I have been involved with Town activities for several years now, mainly through my nonprofit Plant-Based Advocates. I have personally spoken to and worked with all five current Council members as well as past Council members, and I truly appreciate your support and willingness to work with us to achieve our goals to better our Town. I truly appreciate all the hard work that each Council member does, giving of their time and energy to make Los Gatos a great place to live.
As a Town resident, I have considered serving on a commission in the future. I can honestly say that now, seeing the willingness of some residents to pursue their extreme anti-LGBTQ, anti-VAX, and anti-DEI agenda – to the point of ruining others’ lives – I would not want to serve the Town knowing that I would be exposed to a hateful agenda with no support. I have attached a flyer from August 2022 as an example of just SOME of the many anti-DEI incidents and actions that our Town has experienced since 2020. The author is unknown, but the claimant has espoused these views many times at Council meetings.
I can’t emphasize enough that we must support all Council members who serve this Town in their capacity as elected officials. Thank you for your time and consideration.
Thank you,
Karen Rubio
Organizer
From: Jo Greiner
To: Marna Taylor; Steve Hall; Sue Ahmadian; Ed Lozowicki; Tim Ororke Cc: Clerk
Subject: Maria Ristow and Ron Moore
Date: Thursday, February 20, 2025 5:12:15 PM
[EXTERNAL SENDER]
I am the Outreach Director at St Luke’s Church working with our local unhoused community. I have had the rare privilege of working with both Maria Ristow and Rob Moore over the past two years. Both have enthusiastically endorsed our Outreach Program for our unhousedf rfriends, and each has visited our weekly program at St Luke’s and the UMC Church multiple times. Amd.I am a proud member of a dedicated group of faith leaders representing St Lukes’s, St Mary’s and the UMC, and we have been blessed with theirh strong support for issues covering food security, a shower ministry, and the hotel program for inclement weather , I have lived in Los Gatos since 1980, and I cannot recall two finer individuals than Maria Ristow and Rob Moore. Their integrity, leadership, and support have made All the difference to our program. In addition, as life partner in a same sex marriage, I am extremely saddened to hear of the misguided and unfair allegations targeting Maria and Rob. Both of these individuals have earned the respect of our town and deserve our Total Support! Jo Greiner. Outreach Director.
St Luke’s Church. Los Gatos
From:
To: Matthew Hudes; Mary Badame; Rob Moore; Rob Rennie; Maria Ristow Cc: Town Manager; Gabrielle Whelan; Katy Nomura; Clerk
Subject: Closed Session, Comment 2-21-25
Date: Thursday, February 20, 2025 6:50:24 PM
[EXTERNAL SENDER]
Dear Members of the Los Gatos Town Council,
The Los Gatos Community Alliance writes to emphasize an important principle regarding the rights and responsibilities of elected officials. While elected officials possess the right to exercise free speech—a cornerstone of our democratic society—they are not entitled to a publicly funded legal defense when acting outside the scope of their official role.
This issue has come to the forefront with regard to officials posting on platforms such as Nextdoor.
Specifically, these postings were made from personal accounts that did not identify the individuals as council members, clearly indicating that the communications were personal and conducted outside the scope of their official duties. When such postings violate the Town’s established policy on public communication, the official is acting beyond the parameters defined by law and Town policy. In these instances, Government Code section 995.2 clearly indicates that the Town is not obligated to provide a legal defense for actions that are not within an official’s responsibilities.
It is important to clarify that this policy does not give rise to First Amendment issues. The First Amendment robustly protects free speech, and officials retain the right to express themselves—even on personal platforms such as Nextdoor. However, the Constitution does not require the use of taxpayer funds to defend speech made outside of official duties. The delineation between personal and official actions ensures that while free speech is protected, public resources are reserved for defending actions taken in the official capacity. By posting on personal accounts without official identification, these communications are clearly individual expressions. Consequently, the Town’s decision not to fund legal defense in these circumstances is consistent with both statutory requirements and established policy, and does not infringe upon First Amendment rights.
Our community values transparency, accountability, and the responsible use of public funds. It is imperative that the boundaries of an official’s role—set forth by both statutory law and the Town’s own policies—be respected. Public resources should support officials in matters directly tied to their official responsibilities, not in circumstances where personal actions contravene Town policy.
We urge the Council to reaffirm these distinctions and to ensure that any deviations from established communication protocols are addressed appropriately. Upholding these principles not only protects the integrity of public office but also reinforces the trust our community places in its leaders.
Thank you for your attention to this important matter.
Sincerely,
The following people have given me email permission authorizing the placement of their name on this email to the Council for the Closed meeting on 2-21-25 Jak Van Nada
Cathy Smith
David Weissman
Rick Van Hoeson
Phil Koen, signing as an individual and not representing the Finance Commission Cindy Weintraub
John Estill
Neesha Joseph
Dan Seltzer
Terry Reinhart
Art Monk
Lani Harr
Patrick Harr
Jeff Loughridge
Silvia Loughridge
June Beeler
Laura Howard
Clay GoodMan
Robert Rinehart
Art Dutra
Jon Witkin
Karen Van Nada
Rick Kananan
Thomas Ferrito
Trudy Esrey
Cassandra Joseph
Sandy Decker
Jak Van Nada -
Los Gatos Community Alliance
Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
From: Beverley Bryant
To: Matthew Hudes; Mary Badame; Rob Rennie
Cc: Council; Clerk; Town Manager
Subject: Hogan v. Moore, et al.: Defending Council Members" Moore and Ristow Date: Friday, February 21, 2025 2:14:30 AM
[EXTERNAL SENDER]
Dear Mayor Hudes, Council Member Mary Badame, and Council Member Rob Rennie:
As a thirty year resident, I hope that you will accept my thanks for your many years of service to the Town of Los Gatos.
My request is for your commitment to provide legal defense funding for your two fellow Council Members, Vice Mayor Rob Moore and Council Member Maria Ristow in the Lynley Kerr Hogan vs. Rob Moore et al. Santa Clara County Superior Court Case Number: 25CV456254.
It is my understanding that the case was filed because of disagreements with their public activities. Knowing these Council Members, I am confident they each were acting in good faith and with integrity. I also believe that it is the responsibility of the Town to defend its Council Members as they engage with the public, because public interaction is an expected part of the job.
Over the years, Maria and Rob have worked extraordinarily hard, and have served our community well. They deserve our respect and our financial support at this challenging time.
To do anything less will send the wrong message to future volunteers who might be interested in serving on town boards and commissions. Our fragile democracy is based on voluntary commitment to public service; those who step up must be supported by the institutions that benefit from their efforts.
Respectfully,
Beverley B. Bryant
--
Beverley B. Bryant, Ph.D.
Phone: