MINUTES
SUNNYVALE CITY COUNCIL SUBCOMMITTEE MEETING
THURSDAY, OCTOBER 16, 2003
7:00 p.m.
PRESENT:
Committee Member Jack Walker, Chair
Committee Member Manuel Valerio
Committee Member Fred Fowler
Donna Biles, Deputy City Clerk
Also present:
Robert LaSala, City Manager
Steve Fisk, PSOA
Nadia Holober, Berliner Cohen
AGENDA
Subcommittee topic: Investigate Charges by Public Safety Officers Association Against Vice-Mayor Risch’s Inquiry Into Public Safety Incident August 31-September 1, 2003.
Determination of Facts to be Found
Review of Related Documents
Discussion of Additional Documents
Discussion of Interviews
Committee Chair Walker stated for the record that this is a public meeting but is not open to public comment. He stated there will be an opportunity for some of the people involved in the Public Safety incident to testify. He stated these meetings are currently posted as Subcommittee meetings and directed that the Saturday and possibly the Sunday meetings be re-noticed as “Special” meetings.
Committee Chair Walker distributed to Committee Members, and made available to the public, various emails among Committee Members relating to the scheduling of the Subcommittee meetings, logistics and the agenda.
Committee Chair Walker stated for the record that the Committee will possibly be taking testimony from PSOA officers as well as staff. Information provided to this subcommittee will not be used in disciplinary action.
Committee Chair Walker announced for the record that he is endorsing Tim Risch for City Council. He further stated he was misquoted in the newspaper and had actually stated “because this is an election season it is clear there will be a political taint in all this”.
Committee Member Fowler stated it is very important for this Committee to come together and work together so the recommendation is credible. Committee Member Fowler stated for the record that the Mayor had asked him to be the Chair of the subcommittee. Committee Member Fowler stated he felt it was best to defer to Committee Member Walker to be the Chair since Chair Walker and Committee Member Valerio are supporting Vice Mayor Risch for City Council and he is supporting Melinda Hamilton for City Council. He stated he did not want a perception of bias. He further stated the Charter for this Committee is very specific in investigating the behavior of the Vice Mayor and the City Manager. He stated he does not believe they need to find facts as to the actual events outside the Forum, but to find facts about the actions of the Vice Mayor and the City Manager without regard to what was actually happening at the Forum.
Committee Member Valerio stated for the record that he is endorsing Councilmember Tim Risch for City Council. He stated he agrees with Committee Member Fowler in that the Committee has a very limited scope for their investigation that is limited to the request from PSOA to the incidents and the fashion in which they may or may not have occurred. He stated it is imperative that all three members reach an outcome or recommendation that they believe is fair and appropriate based on the facts in the information they uncover, and that they work in collaboration to come to a proper resolution so that they feel comfortable reporting out to the community and their colleagues.
Committee Chair Walker stated for the record that the interview process will include an opportunity for opening comments by the interviewee followed by questions from committee members for 10 minutes each round robin until all questions are posed. If the interviewee is uncomfortable with having a particular individual present during the interview, the committee will try to persuade that person not to be in attendance during the interview, but cannot prohibit someone from attending a public meeting.
Committee Chair Walker requested the minutes from the October 7th City Council meeting be made available to the Committee Members and the public.
Committee Members reviewed Mr. Fisk’s letter and directed questions to Mr. Fisk for clarification.
Nadia Holober, representing Vice Mayor Risch, asked the same opportunity as Mr. Fisk to respond to the determination of facts.
For the record, it was the consensus of the Committee that the determination of the Facts to Be Found are:
1. Did the Vice Mayor call the City Manager during the Public Safety operation? Stipulated as true by the Committee.
2. Did the call challenge the action taken during the Public Safety operation?
3. Did a chilling effect result from the actions of the Vice Mayor?
4. Did the call to the City Manager ultimately result in contacting the officer in charge of the scene?
5. Did the Vice Mayor embark on an independent investigation/inquiry? Stipulated as true by the Committee.
6. What was the nature of the investigation/inquiry?
7. Were the written questions supplied several days after the incident “inflammatory”?
8. Could the written questions be reasonably construed to be designed to influence future actions by the officers in question?
9. Could the written questions be reasonably construed to accuse the officers on the scene to have overreacted to the operation of August 31st?
10. Could the written questions be reasonably construed to accuse the officers on the scene of misrepresenting material facts about the event in the following downtown status report?
11. Did the actions of the Vice Mayor and the City Manager circumvent the Charter by forwarding questions to the Director of Public Safety?
12. Did the City Manager’s direction to the Director of Public Safety directly lead to alleged violations of the Peace Officer’s Bill of Rights?
13. Did City Management act as agents of the Vice Mayor during questioning of the officers?
14. Did the Vice Mayor, in conjunction with the City Manager, attempt to influence future police actions on behalf of a third party?
15. Is it appropriate for any Councilmember to conduct an investigation and/or inquiry of this kind?
16. Was it appropriate for the Vice Mayor, or any other Councilmember, to call the City Manager concerning an ongoing Public Safety operation?
17. Was it appropriate for the City Manager to respond to the Vice Mayor in the way that he did?
Committee Member Fowler stated for the record that the Committee is aware of other allegations in connection with another incident five days earlier. The Committee unanimously agreed that the investigation of such allegations was outside the scope of the Committee’s charter.
Committee Chair Walker stated he would be interested in any other police reports other than the downtown report already received.
Committee Chair Walker stated for the record that the interview schedule for Saturday, October 18, is as follows:
Starting at 8:00 a.m.:
Lieutenant Shawn Ahearn
Lieutenant Glenn Fortin
Captain Tim Carlyle
Chief Ernie Bakin
Vice Mayor Tim Risch
Committee Chair Walker requested that copies of the Facts to Be Found be made available to the public.
City Manager LaSala arrived at 9:22 p.m. and gave a report on the sequence of events of September 1 and communications with the Vice Mayor and Director of Public Safety. He responded to questions from Committee Members.
For the record, Committee Member Fowler requested that City Attorney Valerie Armento be included in the interview on Saturday morning.
Committee Chair Walker adjourned the meeting at 10:40 p.m.
Respectfully submitted,
Donna Biles, Deputy City Clerk