MINUTES
SUNNYVALE CITY COUNCIL SUBCOMMITTEE MEETING
SUNDAY, OCTOBER 19, 2003
5:00 p.m.
PRESENT:
Councilmember Jack Walker, Chair
Councilmember Manuel Valerio
Councilmember Fred Fowler
Donna Biles, Deputy City Clerk
Also Present:
Steve Fisk, PSOA
Lieutenant Glenn Fortin
Lieutenant Kelly Fitzgerald
Officer Tim Woida
Vice Mayor Tim Risch
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
Discussion of Evidence
Evaluation of Merits of Charges Against the Vice Mayor
Discussion of any Additional Recommendations to Council
Determination of Subcommittee Recommendations to Council
Discussion Related to Subcommittee Report
The Committee listened to a tape recording of the testimony from Robert LaSala taken Thursday, October 16th.
Committee Chair Walker stated, for the benefit of the public, that he would take questions of clarification but not public comment.
Committee Member Fowler moved, and Committee Member Valerio seconded, approval of the draft minutes. The motion carried unanimously.
City Manager LaSala was contacted by phone to clarify his testimony of October 16th.
The Committee reviewed the “Facts to be Found” and made the following findings:
- Did the call challenge the action taken during the Public Safety operation?
No with Committee Member Fowler dissenting.
- Did a chilling effect result from the actions of the Vice Mayor?
No with Committee Member Fowler dissenting.
- Did the call to the City Manager ultimately result in contacting the officer in charge of the scene?
Yes. Unanimous
- What was the nature of the investigation/inquiry?
It was the consensus of the Committee to change the question to:
What were the actions the Vice Mayor took to conduct the investigation/inquiry?
Submitted a list of questions to the City Manager
Interviewed the City Manager and the Director of Public Safety
Had conversations with the Forum to review their concerns
Unanimous
Committee Member Fowler resigned from the Subcommittee and left the meeting at 6:35 p.m.
Discussion ensured with Steve Fisk, PSOA, Lieutenant Glenn Fortin, Lieutenant Kelly Fitzgerald, and Officer Tim Woida.
- Were the written questions supplied several days after the incident “inflammatory”?
No, but some were poorly written. Unanimous
- Could the written questions be reasonably construed to be designed to influence future actions of the officers in question?
No. Unanimous
- Could the written questions be reasonably construed to accuse the officers on the scene to have overreacted to the operation of August 31st?
Yes. Unanimous
- 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?
It was the consensus of the Committee that this is a subjective issue depending on the point of view.
- Did the actions of the Vice Mayor and the City Manager circumvent the Charter by forwarding questions to the Director of Public Safety.
No. Unanimous
- 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?
It was the consensus of the Committee to change the question to:
Did the City Manager’s direction to the Director of Public Safety indirectly lead to alleged violations of the Peace Officer’s Bill of Rights?
Yes. Unanimous
Committee Chair Walker stated, for the record, that questions need to be phrased with care, not be accusatory in nature, be factually based, and not suggest any type of misconduct. He further stated that Council may need to make changes to Code of Conduct to be more specific.
Committee Chair Walker stated, for the record, if allegations of misconduct are being alleged, they need to be specifically worded and proper procedures must be followed.
Committee Chair Walker called a recess at 7:50 p.m. and reconvened at 7:55 p.m.
- Did City Management act as agents of the Vice Mayor during questioning of the officers?
Yes as specified by the City Charter. Unanimous
- Did the Vice Mayor, in conjunction with the City Manager, attempt to influence future police actions on behalf of a third party?
It was the consensus of the Committee to change the question to:
Did the Vice Mayor, in conjunction with the City Manager, improperly attempt to influence future police actions on behalf of a third party?
No. Unanimous
- Is it appropriate for any Councilmember to conduct an investigation and/or Inquiry of this kind?
Yes, but not to circumvent any citizen complaint process. Unanimous
- Was it appropriate for the Vice Mayor, or any other Councilmember, to call the City Manager concerning an ongoing Public Safety Operation?
Yes insofar as it does not jeopardize operational integrity and the response is not forthcoming until it is safe and practical to do so. Unanimous
- Was it appropriate for the City Manager to respond to the Vice Mayor in the way that he did?
Yes, but:
A. The City Manager should feel comfortable responding in a timely fashion (as determined by the Council), and
B. There appears to be a process failure and the City Manager needs to determine a more effective way to review questions from the Council.
Unanimous
Committee Chair Walker adjourned the meeting at 10:28 p.m.
Respectfully submitted,
Donna Biles, Deputy City Clerk