rn]Sl Law Offices of
~ Randal M. Barnum
2 79 East H Street • Benicia, CA 94510
Telephone (707) 745-3747 • Fax (707) 745-4580
E Mail: [email protected]
Website: www.rmblaw.com
Board Certified Civil Trial Specialist
February 1, 2022
Via Email Only
City of Campbell
Attn: Mayor Paul Resnikoff
[email protected]
0 City of Gilroy
Attn: Mayor Marie Blankley
[email protected]
City of Los Altos Hills
Attn: Mayor George Tyson
[email protected]
City of Milpitas
Attn: Mayor Rich Tran
[email protected]
City of Morgan Hill
Attn: Mayor Rich Constantine
rich.constantine(a),morganhill.ca.gov
City of Palo Alto
Attn: Mayor Pat Burt
pat. [email protected]
City of Santa Clara
Attn: Mayor Lisa Gillmor
lgillmor(cv,santaclaraca.gov
City of Sunnyvale
Attn: Mayor Larry Klein
[email protected]
City of Cupertino
Attn: Mayor Darcy Paul
Dpaul@,cupertino.org
City of Los Altos
Attn: Mayor Anita Enander
[email protected]
City of Los Gatos
Attn: Mayor Rob Rennie
rrennie(cv,losgatosca.gov
City of Monte Sereno
Attn: Mayor Javed Ellahie
i ellahie(a),cityofmontesereno .org
City of Mountain View
Attn: Mayor Lucas Ramirez
[email protected]
City of San Jose
Attn: Mayor Sam Liccardo
[email protected]
City of Saratoga
Attn: Mayor Tina Walia
twalia(a),saratoga.ca. us
Santa Clara County City Officials
February 1, 2022
Page2
RE: Your Employee/Our Client:
Andrea ("Andi") Jordan
Confidential Settlement Communication pursuant to
Evidence Code Section(s) 1152 & 1154
Dear Santa Clara County City Officials:
Our firm represents Andrea ("Andi") Jordan (hereinafter "Ms. Jordan"), the Executive Director of the Cities Association of Santa Clara County (hereinafter "Cities Association") who is jointly employed by each of your respective cities. Please direct all communications regarding this matter to my attention at my Benicia, California address noted above. I can also be reached by email at [email protected].
Our firm recently submitted a demand letter to the Cities Association on behalf of Ms. Jordan in which we alleged claims for harassment and discrimination based on sex/gender and marital status and retaliation for complaining about unlawful harassment in violation of the California Labor California Fair Employment and Housing Act ("FEHA"). A true and correct copy of the demand letter dated December 21, 2021 1s enclosed for your reference.
As you know, Ms. Jordan reports to the Cities Association's Board of Directors, consisting of City Officials from each of your respective cities. These City Officials who are agents of your cities exercise significant control over Ms. Jordan's wages, hours and working conditions. For example, the Board of Directors set Ms. Jordan's rate of pay, determine Ms. Jordan's eligibility for benefits, including health insurance, conduct Ms.
Jordan's performance reviews, provide Ms. Jordan with her work assignments, and direct all of Ms. Jordan's job duties. Based on the cities' right to exercise significant control over Ms. Jordan in connection with her job duties, each of your cities may be considered Ms. Jordan's 'joint employers" and, therefore, may be held liable to Ms. Jordan for harassment, discrimination and other violations of the FEHA. Mathieu v. Norrell Corp. (2004) 115 Cal.App.4th 1174, 1183-1184.
Furthermore, we are confident that we will be able to establish liability against the individual cities in light of the Cities Association's failure and refusal to properly create a Joint Powers Authority ("JPA") despite Ms. Jordan's efforts.
Based on the foregoing, if your cities and/or the Cities Association do not make a meaningful effort to resolve this matter, Ms. Jordan will pursue a formal lawsuit in which each of the cities will be named as defendants. This will result in significant exposure and potential adverse publicity. Accordingly, I look forward to hearing from you to attempt to resolve this matter in the interests of all concerned.
Santa Clara County City Officials
February 1, 2022
PUBLIC RECORDS ACT REQUEST
In the meantime, this is to formally request a complete copy of any and all text messages and/or emails contained on any device maintained by any current or former member (including elected officials) or alternate of the Cities Association's Executive Board of Directors, Board of Directors, Legislative Action Committee, City Selection Committee, and/or Santa Clara Santa Cruz ("SCSC") Roundtable in any way related to Ms. Jordan. These documents are required to be produced pursuant to the California Public Records Act (California Government Code Section 6251, et seq.). Please provide an estimated date and time when the records will be made available, as required pursuant to California Government Code Section 6253( c ).
Thank you for your consideration and prompt attention to these matters. Your immediate response is imperative.
Very truly yours,
JRA:ja JENNA R. A VILA
Enclosure
cc: Vice Mayor (Campbell) Anne Bybee
City Manager (Campbell) Brian Loventhal
Vice Mayor (Cupertino) Liang Chao
City Manager (Cupertino) Jim Throup
Mayor Pro Tempore (Gilroy) Perter Leroe-Munoz
Vice Mayor (Los Altos) Sally Meadows
City Manager (Los Altos) Gabriel Engeland
Vice Mayor (Los Altos Hills) Linda Swan
Vice Mayor (Los Gatos) Maria Ristow
Town Manager (Lose Gatos) Laurel Prevetti
Vice Mayor (Milpitas) Carmen Montano
City Manager (Milpitas) Steven McHarris
Mayor Pro Tempore (Monte Sereno) Bryan Mekechuk
City Manager (Monte Sereno) Steve Leonardis
Mayor Pro Tempore (Morgan Hill) John McKay
City Manager (Morgan Hill) Christina Turner
Vice Mayor (Mountain View) Alison Hicks
City Manager (Mountain View) Kimbra McCarthy
Vice Mayor (Palo Alto) Lydia Kou
City Manager (Palo Alto) Ed Shikada
Vice Mayor (San Jose) Charles ("Chappie") Jones
Interim City Manager (San Jose) Jennifer Maguire
Santa Clara County City Officials
February 1, 2022
Page4
Vice Mayor (Santa Clara) Sudhanshu "Suds" Jain
City Manager (Santa Clara) Deanna Santana
Vice Mayor (Saratoga) Kookie Fitzsimmons
City Manager (Saratoga) James Lindsay
Vice Mayor (Sunnyvale) Alysa Cisneros
City Manager (Sunnyvale) Kent Steffens