From: Kirk Vartan
To: Mayor and Council; Clerk; Manager
Cc: Hosam Haggag; Lisa Gillmor; Kathy Watanabe; Tom Shanks; [email protected]; [email protected]; Carolyn Tolliver; [email protected]; [email protected]; Ron Kroichick; Lance Williams
Subject: Item 23-814 (Item 8) - Independent Ethics Commission - Public Comment Date: Monday, July 10, 2023 1:38:35 PM
Mayor and Council:
I am glad to see this item come to the full council for discussion. It should be a “no brainer” to create this given it wi what the Civil Grand Jury recommended. But it is not surprising that you have not done it since this council majority basically dismissed all findings and recommendations made by the Civil Grand Jury. At the time, Councilmember Park stated there was no need for an Independent Ethics Commission because there were already systems in place to handle discussions like this. He specifically cited the Governance and Ethics Committee as the ideal place to discuss the many issues brought up by the Civil Grand Jury in their report Unsportsmanlike Conduct back in 2022. It met twice with no discussion of ethics or the report. During the last meeting held, Mayor Gillmor brought this up and argued with Chair Suds Jain about it. Jain was coming up with all kinds of reasons to delay, discuss, and review.
Same with member Chahal. It’s like they wanted to find ways to delay an ethics probe. Rather than find ways to accelerate the creation of an Ethics Commission, they were finding ways to delay it or “research” it.
If this council majority wants to show they have nothing to hide and are not part of any 49ers influence, they should want to expeditiously install an Independent Ethics Commission. If they don’t or cannot explain why they don’t want it, that should be a major red flag to the community.
Role:
Do at least this: Ethics boards are given the authority enforce a jurisdiction’s ethics regulations in response to complaints.
Jurisdiction:
Ethics policy and the law
Authority:
All of the items listed, especial the investigation, subpoena, and referrals! The alternatives suggested should be immediately dismissed. As the Governance and Ethics Committee has shown, they are not even interested in addressing this. It is shameful. And it is 100% NOT independent.
This council has shown it cannot police itself. They allow continued violations of the existing Ethics and Behavioral Standards polices they all supported unanimously. For example, when the council was asked by multiple members of the public to agendize the egregious behavior Vice Mayor Park displayed during a council meeting, the council members did a lot of “what aboutism” and did not address the conduct. In fact, no one condemned it, and Vice Mayor Park did not make a single comment during the discussion. But he did feel it was OK to vote on it. And the same with Couniclmember Becker.
Whether he is attacking a member of the public, lying to the public, or committing misdemeanor or felony crimes agains the grand jury, it is clear this council will not hold their majority accountable. It is sad and embarrassing. A body that is supposed to be beyond reproach is anything but.
Authorize the Independent Ethics Commission. Don’t let the council influence it at all. Use the Santa Clara experts at the Markkula Center for Applied Ethics to consult for the city and build that independent commission.
You should get moving on it ASAP. It’s been too long already.
Kind regards,
Kirk Vartan