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Email: Brown Act complaint by Hercules Councilwoman Myrna de Vera against Mayor Dan Romero
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-----Original Message-----
From: "Myrna de Vera" <MdeVera@ci.hercules.ca.us>
Sent: Thursday, December 15, 2011 2:44pm
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: "Steve Duran" <SDuran@ci.hercules.ca.us>, "John Delgado"
<JDelgado@ci.hercules.ca.us>
Subject: Brown Act Violation
Dear Patrick,
I am making a formal complaint that the Brown Act was violated by
Dan Romero to obtain the mayor position. He has been lobbying the
other council members to get the mayoral position since 2 months
ago when John Delgado disclosed to Liz Warmerdam that he
wanted to wait his turn to be mayor in 2013. I was inadvertently
brought into that conversation by the other council members who
asked me to "open my mind" about having Dan Romero as our next
mayor.
The violation was perceived by some in the public, as attested by
Don Kuehne's comments to Tom Lochner in a recent West County
article. Romero's prepared speech, Bill Wilkins' turning down my
nomiation, Gerard Boulanger's nomination of Dan all looked
concerted and pre-planned.
I am very disappointed and saddened that the same old politics is
happening on the council that ran on ethics reform. Please do not
disappoint me, our new city attorney, by ignoring this matter. We
need to rise up to the highest standard of ethics.
Sincerely,
Myrna de Vera
Council Member
City of Hercules
1
---------- Forwarded message ----------
From: Myrna de Vera
Date: Fri, Dec 16, 2011 at 8:55 AM
Subject: Menlo Park Case - Brown Act Violation
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: Steve Duran <SDuran@ci.hercules.ca.us>, John Delgado
<JDelgado@ci.hercules.ca.us>
Here is a similar situation and how it was resolved:
http://www.smdailyjournal.com/article_preview.php?id=151698&title=
DA:%20Menlo%20Park%20councilwoman%20violated%20Brown%
20Act
I would like to have this matter agendized as an urgency matter in
closed session on Dec 20. Thank you.
Myrna de Vera
Council Member
City of Hercules
CONFIDENTIALITY NOTICE: This email message and/or its
attachments may contain information that is confidential, restricted,
and/or protected by law. It is intended only for the individual(s)
named as recipients in the message. If you are NOT an authorized
recipient, you are prohibited from using, delivering, distributing,
printing, copying, or disclosing the message or content to others and
must delete the message from your computer. If you have received
this message in error, please notify the sender by return
email. Thank you for your cooperation.
2
-----Original Message-----
From: "Myrna de Vera" <MdeVera@ci.hercules.ca.us>
Sent: Friday, December 16, 2011 9:36am
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>, "Steve Duran"
<SDuran@ci.hercules.ca.us>
Cc: "Doreen Mathews" <doreen.mathews@ci.hercules.ca.us>
Subject: Add Closed Session Item Dec 20 - Brown Act Violation - urgency
issue
Please add an item to our closed session on December 20, Brown
Act Violation. Thank you.
Myrna de Vera
Council Member
City of Hercules
CONFIDENTIALITY NOTICE: This email message and/or its
attachments may contain information that is confidential, restricted,
and/or protected by law. It is intended only for the individual(s)
named as recipients in the message. If you are NOT an authorized
recipient, you are prohibited from using, delivering, distributing,
printing, copying, or disclosing the message or content to others and
must delete the message from your computer. If you have received
this message in error, please notify the sender by return email.
Thank you for your cooperation.
---------- Forwarded message ----------
From: Myrna de Vera
Date: Fri, Dec 16, 2011 at 2:09 PM
Subject: Emergency Meeting - Brown Act violation
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: Steve Duran <SDuran@ci.hercules.ca.us>
Dear Patrick,
Please schedule an emergency meeting regarding the possible
Brown Act violation of Dan Romero. See the article below on how
3
Menlo Park handled the issue.
http://californiacitynews.typepad.com/californiacitynewsorg/2010/12/
menlo-park-mayor-resigns-over-brown-act-violation-2nd-alleged-
violation.html
http://menlopark.patch.com/articles/fergusson-resigns-city-
leadership-post
Myrna de Vera
Council Member
City of Hercules
CONFIDENTIALITY NOTICE: This email message and/or its
attachments may contain information that is confidential, restricted,
and/or protected by law. It is intended only for the individual(s)
named as recipients in the message. If you are NOT an authorized
recipient, you are prohibited from using, delivering, distributing,
printing, copying, or disclosing the message or content to others and
must delete the message from your computer. If you have received
this message in error, please notify the sender by return
email. Thank you for your cooperation.
---------- Forwarded message ----------
From: Myrna de Vera <MdeVera@ci.her
Date: Sat, Dec 17, 2011 at 9:19 AM
Subject: Emergency Agenda Item - Brown Act Violation of Mayor Selection
To: Doreen Mathews <doreen.mathews@ci.hercules.ca.us>,
"ptang@jarvisfay.com" <ptang@jarvisfay.com>, Steve Duran
<SDuran@ci.hercules.ca.us>
Cc: John Delgado <JDelgado@ci.hercules.ca.us>
Again, I am requesting that the potential brown act violation of the
mayor selection be put on the Tuesday, December 20 meeting as an
urgency item in closed session and open session.
Thank you,
Myrna de Vera
Council Member
4
City of Hercules
---------- Forwarded message ----------
From: Myrna de Vera
Date: Sun, Dec 18, 2011 at 10:21 AM
Subject: Please DO NOT DELAy tackling the Brown Act Violation
To: ptang@jarvisfay.com
Dear Patrick,
I have not heard if you are going to add this item as an urgency
matter. It is truly an urgency matter and cannot be pushed to after
the holidays. By Tuesday, you should have an answer to how to
address Dan Romero's solicitation of letting him be the next Mayor.
There is already Menlo Park as a precedent. What else is there to
research? Brown Act violations are the most basic of city attorney
duties, so you cannot delay this with excuses of "researching".
Rescinding Romero's appointment to Mayor is the solution, as Menlo
Park had done in a special meeting. (although the Mayor resigned
before the embarrassment of rescinding could occur.)
I apologize for being persistent, but this issue is very serious. I
cannot close my eyes to what is an act of government corruption by
Dan Romero and the rest of the council members. It is a very sad
state we are in, Corruption, apathy, and laziness continues among
council members. But This must be addressed and consequences
brought forth IMMEDIATELY.
Myrna
5
-----Original Message-----
From: ptang@jarvisfay.com
Sent: Sunday, December 18, 2011 8:22pm
To: "Myrna de Vera" <mdevera@ci.hercules.ca.us>
Cc: "Steve Duran" <sduran@ci.hercules.ca.us>
Subject: RE: Alleged Brown Act Violation
___________________________________________________________
CONFIDENTIAL - Attorney-Client Privileged
Dear Councilmember de Vera:
On Thursday, December 15, 2011, you sent by email to me, copied
to Steve Duran and Vice Mayor Delgado, a formal complaint that the
Brown Act has been violated because you believe a quorum or more
of the council engaged in serial meetings to discuss who would be
appointed mayor, prior to the appointment of Dan Romero as Mayor
on December 13.
I am confirming your several emails regarding this matter, most
recently your request to schedule this for discussion at the
December 20 Special Council meeting. I will also forward this email
to the entire Council and the City Manager, so that they are aware of
your concerns and my response to you.
As I indicated to you on the phone this evening, I cannot schedule
this matter for discussion at the December 20 city council meeting.
The allegations you have raised will require that I investigate the
matter before I can make a recommendation to the Council.
As a first and necessary step, I will need to take your statement.
Please let me know of your availability for this purpose.
I am advising that you and all recipients of this email refrain from
discussing the allegations while the matter is being looked into.
Regards,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com
6
510-332-5001
----------------------------------------------------------------------
-----Original Message-----
From: ptang@jarvisfay.com
Sent: Sunday, December 18, 2011 8:36pm
To: "Dan Romero" <danromero@ci.hercules.ca.us>, "John Delgado"
<jdelgado@ci.hercules.ca.us>, "Gerard Boulanger"
<gboulanger@ci.hercules.ca.us>, "William Wilkins"
<wwilkins@ci.hercules.ca.us>, "Steve Duran" <sduran@ci.hercules.ca.us>
Cc: "Myrna de Vera" <mdevera@ci.hercules.ca.us>
Subject: FW: RE: Alleged Brown Act Violation
CONFIDENTIAL - Attorney-Client Privileged
Dear Mayor Romero, Vice Mayor Delgado, Councilmembers
Boulanger, Wilkins and deVera, and City Manager Steven Duran:
I am copying to you my response to Councilmember de Vera
regarding her December 15th, 2011 written complaint that the Brown
Act was violated prior to the selection of Mr. Romero as Mayor on
December 13. Councilmember de Vera is alleging that the
appointment was discussed between a quorum or more of the
Council prior to a public vote on the matter.
If any of you have any questions concerning the process for
investigating this matter, you may call me directly. Otherwise, as I
indicated in my email to Councilmember de Vera (see below), I am
advising that all recipients of this email refrain from discussing the
allegations while the matter is being looked into.
Sincerely,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com
510-332-5001
7
----------------------------------------------------------------------
---------- Forwarded message ----------
From: Myrna de Vera
Date: Sun, Dec 18, 2011 at 9:05 PM
Subject: RE: Alleged Brown Act Violation
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: Steve Duran <SDuran@ci.hercules.ca.us>
Dear Patrick,
I am available after the Special Meeting on December 20. Thank
you.
Myrna de Vera
Council Member
City of Hercules
From: ptang@jarvisfay.com [mailto:ptang@jarvisfay.com]
Sent: Monday, December 19, 2011 9:07 AM
To: Dan Romero
Cc: William Wilkins; John Delgado; Gerard Boulanger; Myrna de Vera; Steve Duran
Subject: RE: Councilmember DeVera's Brown Act complaint
Dear Mayor Romero:
Per your request, I am providing to you the email complaint from Councilwoman de Vera.
As other councilmembers are identified in the email, I am copying the complaint to the full
council.
Regards,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com
8
510-332-5001
----------------------------------------------------------------------
This email and any transmission with it may contain privileged or otherwise confidential
information. If you are not the intended recipient, or believe that you have received this
communication in error, please advise the sender via reply email and delete the email
you received.
-----------------------------
From: ptang@jarvisfay.com [ptang@jarvisfay.com]
Sent: Tuesday, December 20, 2011 1:22 PM
To: Myrna de Vera
Cc: Steve Duran
Subject: RE: Please DO NOT DELAy tackling the Brown Act Violation
Dear Councilmember de Vera:
Thank you for providing information regarding the determination of a
Brown Act violation in Menlo Park. I have spoken with their city
attorney and I have reviewed his reports to the Menlo Park City
Council.
I understand your wish for a speed resolution. Nevertheless, as
indicated to you in a previous response from me concerning this
topic, I have determined that this matter should not be heard at the
special council meeting of December 20, 2011.
In your subsequent December 18 email (below) you assert that this
is an urgent matter that cannot be pushed to after the holidays. You
further suggest that there is no need for extensive research, and
thus no basis for delaying your request to agendize the matter for
discussion and/or action before the council at tonight's special
meeting. I respectfully disagree with your assessment, and I want to
offer a full explanation as to why I do not agree.
As I have previously informed you by telephone and email, I must
undertake the necessary research and fact finding to determine if a
Brown Act violation occurred. You have raised a serious allegation,
and it requires a full, thorough, and responsible review of the law
and the facts. I owe it to you, and to everyone involved, to take as
9
much time as necessary to address your concerns.
I wish to respond in particular to your demand that I provide by
Tuesday (today) an answer as to whether there was a Brown Act
violation. You wrote that,
“By Tuesday, you should have an answer to how to address Dan
Romero's solicitation of letting him be the next Mayor. There is
already Menlo Park as a precedent. What else is there to research?
Brown Act violations are the most basic of city attorney duties, so
you cannot delay this with excuses of "researching.”"
While there are some parallels, what transpired in the Menlo Park
situation that you have brought to my attention is not a precedent. In
the Menlo Park situation, the complainant filed a demand under
state law that must precede the commencement of an action by writ
of mandamus or injunction. The process triggered a statutorily
mandated requirement that the legislative body respond within a
specified period of time from the date of being served with the
written demand.
That is not the situation before me today. The complaint has been
made by you, a member of the legislative body, and in my opinion
does not constitute the commencement of an action pursuant to the
cure and correct provisions of state law. Furthermore, since you and
I did not have a chance to discuss your complaint until Friday
evening, with the intervening weekend it was not possible to arrange
interviews of all the councilmembers and prepare a recommendation
in advance of the December 20, 2011 Special Meeting.
Another significant factual distinction is that in the Menlo Park
matter, the appointed mayor resigned prior to the council meeting at
which corrective action was to be discussed and considered.
Finally, I would like to advise you that there is as yet no basis for me
to agree with you that, "(r)escinding Romero's appointment to Mayor
is the solution." There is as yet no determination that a violation of
the Brown Act has occurred, so that any discussion of rescinding
Mayor Romero's appointment is premature.
I am sure you understand that, as the city attorney, I have a legal
obligation to the municipal corporation and not to any individual
10
elected official, and while you may believe that a violation occurred,
there is a process for determining whether there is evidence to
support such a conclusion.
I very much appreciate your understanding and respect for the legal
process.
Regards,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com
510-332-5001
----------------------------------------------------------------------
---------- Forwarded message ----------
From: Myrna de Vera
Date: Tue, Dec 20, 2011 at 2:19 PM
Subject: RE: Please DO NOT DELAy tackling the Brown Act Violation
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: Steve Duran <SDuran@ci.hercules.ca.us>
Dear Patrick,
When I wrote the attached e-mail, I was very concerned that I
perceived hesitation on your part to tackle the issue. I e-mailed you
on December 15, and you called me late the next day, then received
an e-mail acknowledgement only on December 18 after many e-
mails from me. Why did it take you 3 days to formally acknowledge
my complaint?
I hope you understand my alarm and concern that my complaint was
not acted on swiftly.
I understand that you serve the entire Council, not individual
11
members.
I understand too that you do have to investigate the matter carefully
because the allegations could be false or have no basis.
I understand your reason for not having this matter on tonight's
agenda and have verbally told you so.
I am ready to give you a statement tonight.
My decision to file a formal complaint did not come lightly, and even
if I am just a member of the council, my report should be given as
much consideration and response as if it was coming from a citizen.
I believe I had to take this action to protect the integrity of the
council.
Regards,
Myrna de Vera
Council Member
City of Hercules
From: ptang@jarvisfay.com [ptang@jarvisfay.com]
Sent: Tuesday, December 20, 2011 5:40 PM
To: Myrna de Vera
Cc: Steve Duran
Subject: RE: Please DO NOT DELAy tackling the Brown Act
Violation
Dear Councilmember de Vera:
Thank you for your response, and I appreciate your understanding.
Just to clarify, I believe I did respond to your Thursday afternoon
email with a responsive email sent the very next morning, indicating
that we should discuss your issue. I followed up with a telephone call
to you that evening, with a subsequent confirming email on Sunday.
12
I frankly do not think that the response you received suggests
hesitation on my part nor do I view it as a failure on my part to act
swiftly.
Again, I want to emphasize that I take your allegations very
seriously, and consider the need to address this issue a priority.
Regards,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com<mailto:patrick@jarvisfay.com>
510-332-5001
----------------------------------------------------------------------
This email and any transmission with it may contain privileged or otherwise
confidential information. If you are not the intended recipient, or believe
that you have received this communication in error, please advise the
sender via reply email and delete the email you received.
---------- Forwarded message ----------
From: Myrna de Vera
Date: Tue, Dec 27, 2011 at 2:41 PM
Subject: RE: Please DO NOT DELAy tackling the Brown Act Violation
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: Steve Duran <SDuran@ci.hercules.ca.us>
Hello Patrick,
13
Hope you had a Merry Christmas with your family.
Are there any updates regarding the potential Brown Act violation -
Selection of new Mayor?
Thanks,
Myrna de Vera
Council Member
City of Hercules
CONFIDENTIALITY NOTICE: This email message and/or its attachments
may contain information that is confidential, restricted, and/or protected by
law. It is intended only for the individual(s) named as recipients in the
message. If you are NOT an authorized recipient, you are prohibited from
using, delivering, distributing, printing, copying, or disclosing the message
or content to others and must delete the message from your computer. If
you have received this message in error, please notify the sender by return
email. Thank you for your cooperation.
From: ptang@jarvisfay.com [ptang@jarvisfay.com]
Sent: Tuesday, December 27, 2011 3:28 PM
To: Myrna de Vera
Cc: Steve Duran
Subject: RE: Please DO NOT DELAy tackling the Brown Act Violation
Dear Councilmember de Vera:
I am out of town until January 2.
There is at least one more individual whose statement I need to
take, and who is not available until after the New Year. I will of
course advise you of any determination once all the statements have
been provided.
Regards,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com
14
510-332-5001
----------------------------------------------------------------------
---------- Forwarded message ----------
From: Myrna de Vera
Date: Mon, Jan 2, 2012 at 11:21 AM
Subject: Alleged Brown Act Violation - Agenda Item for January 11, 2012
Meeting
To: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
Cc: Steve Duran <SDuran@ci.hercules.ca.us>
Dear Patrick,
It has been more than two weeks since I filed the formal complaint
regarding the Brown Act violation by Dan Romero to obtain the
appointment of Mayor. I understand the holidays may have delayed
the process but now the holidays are over.
Just because the complaint was made by a council member should
not deter you from acting swiftly to determine if the Brown Act was
violated by serial meetings occurring as early as September 21,
2011. It strikes me as odd that because the complaint was made by
a council member, I have less rights than if made by a member of
the public.
Attached is the statement I made on December 20, 2011 for your
records.
My research shows that if a Brown Act violation occurred, there is a
deadline to cure and correct such violation (30 days). It has been 20
days since the Council Reorganization, and January 12 will be the
30th day. So, I believe this item should be agendized for the
Council's January 11, 2012 meeting.
I also found out that the penalty for a Brown Act violation is such:
If a legislative body takes action in violation of the Brown Act, the
body must cure that violation by rescinding any such action and
properly rescheduling the matter for action before the legislative
body. Any member of a legislative body who attends a meeting of
15
that body where action is taken in violation of the Brown Act, and
where the member intends to deprive the public of information to
which the member knows the public is entitled, is guilty of a
misdemeanor. A civil lawsuit may be brought to invalidate certain
actions taken by a legislative body in violation of the Brown Act if a
written demand to cure the violation is rejected. In addition, the
District Attorney or any interested person may initiate a civil action
for the purpose of preventing violations or threatened violations
of the Act.
You said you have one more council member to interview. Please
obtain his statement as soon as possible so you can report to the
Council your findings and take action by January 11, 2012.
If you do not act on this matter then, I will have no choice but to
report this Brown Act violation to the District Attorney.
Thank you.
Sincerely,
Myrna de Vera
Council Member
City of Hercules
16
From: ptang@jarvisfay.com [ptang@jarvisfay.com]
Sent: Wednesday, January 04, 2012 7:21 PM
To: Myrna de Vera
Cc: Dan Romero; John Delgado; William Wilkins; Gerard Boulanger; Steve
Duran
Subject: Findings in Response to Alleged Brown Act Violation
CONFIDENTIAL - Attorney-Client Privileged
Dear Councilmember de Vera:
Attached please find a report with my findings in response to your
December 15 complaint alleging a Brown Act violation by Mayor
Romero.
I am copying also to the other Councilmembers and to the City
Manager.
If you or any recipients of this message have any questions
concerning this matter, please contact me at your convenience.
Regards,
______________________
PATRICK TANG
Jarvis, Fay, Doporto & Gibson, LLP
492 Ninth St., Suite 310
Oakland, CA 94607
patrick@jarvisfay.com
510-332-5001
----------------------------------------------------------------------
17
from: Myrna de Vera MdeVera@ci.hercules.ca.us
to: "ptang@jarvisfay.com" <ptang@jarvisfay.com>
cc: John Delgado <JDelgado@ci.hercules.ca.us>
date: Thu, Jan 5, 2012 at 7:12 AM
subject: RE: Findings in Response to Alleged Brown Act
Violation
Dear Attorney Tang,
I am disappointed but not surprised by your "findings". I already had
a feeling which way you would side from the very start when I filed
my complaint by the way you responded. I knew I did not have a
chance but still hoped you would be impartial in your "investigation".
Interviews can be manipulated to get whatever outcome the
interviewer wishes. Obviously, it is my word against the word of the
majority of the Council, the recall candidates you supported. What is
even more disturbing is your threat (verbally) that if I report this
matter to the District Attorney, that you will share findings that I was
the one who violated the Brown Act. That is the fate of the whistle-
blower.
Corruption, cronyism, and incompetence are well and alive in
Hercules City Hall, only, this time there are different faces sitting at
the podium.
Myrna de Vera
Council Member
City of Hercules
CONFIDENTIALITY NOTICE: This email message and/or its
attachments may contain information that is confidential, restricted,
and/or protected by law. It is intended only for the individual(s)
named as recipients in the message. If you are NOT an authorized
recipient, you are prohibited from using, delivering, distributing,
printing, copying, or disclosing the message or content to others and
must delete the message from your computer. If you have received
this message in error, please notify the sender by return
email. Thank you for your cooperation.
18
From: ptang@jarvisfay.com [mailto:ptang@jarvisfay.com]
Sent: Friday, January 06, 2012 9:56 AM
To: Myrna de Vera
Cc: John Delgado; Steve Duran
Subject: RE: Findings in Response to Alleged Brown Act Violation
Dear Councilmember de Vera:
th
I am responding to your January 5 email. Please ask yourself this simple question: If
each and every councilmember independently confirms that Mayor Romero (either
directly or through intermediaries) never contacted more than one of them to ask for their
vote, on what basis could it be determined that Mayor Romero violated the Brown Act?
While you may not have intended to offend, you have used strong language to insinuate
that I was not impartial in reaching my determination that there is insufficient evidence to
conclude Mayor Romero violated the Brown Act. I offer the following clarifications to “set
the record straight” in response to your email.
I am sharing this with City Manager Steve Duran, who was present during my meeting
with you on Wednesday morning and can verify what I actually said, and Vice
th
Mayor Delgado, who was copied by you with your January 5 email:
1. I would conduct my investigation in the same deliberate and thorough manner
whether the person accused of violating the Brown Act was Dan Romero, you, or
any other member of the council or staff. That’s my job.
2. I take seriously my ethical duties and responsibilities. I have been legal counsel
for public entities for over twenty years. While in Oakland, I served as counsel to
the Public Ethics Commission, where I was required to handle any number of
complaints involving campaign and elections violations and other sensitive and
politically charged matters. For San Rafael I served as an administrative hearing
officer. Never in my lengthy career have I been accused by my clients of being
partial when my role was to provide a fair and unbiased legal determination.
3. I did not find a violation on the part of Mayor Romero not because I manipulated
the investigation, as you have inferred, but because you did not provide me with
information that would confirm your claim that Mayor Romero violated the Brown
Act. You presented to me your suspicion that a Brown Act violation had occurred.
That is not enough for me to confirm a violation. No other councilmember was
able to confirm your theory that Mayor Romero solicited the votes of two or more
councilmembers to become mayor.
4. Whether or not I supported Mr. Romero in his election bid is immaterial. Of
course I know Dan Romero outside our respective roles as public officials, as I
know all of the councilmembers. I put that aside when I am in my official capacity.
My ethical obligation mandates that I decide the matter before me on the merits.
5. At no time did I try to dissuade you from taking your complaint to the District
Attorney. Any member of the public and any public official can lodge a complaint
with the District Attorney when a Brown Act violation is suspected. You of course
are free to do so. What I told you was that, while my investigation was narrowly
focused on your complaint alleging a Brown Act violation by Mr. Romero, when
the District Attorney investigates these types of complaints, he or she has the
19
ability to take statements of public officials and possible intermediaries under
oath, subpoena documents, expand the scope of the investigation as he or she
sees fit, and even file criminal charges if warranted. That was not a threat, and I
am not sure why you perceived it as such.
6. I never stated to you that I have determined that you violated the Brown Act. I
stated several times during the course of our meeting that I did not make any
findings as to whether you or any other councilmembers violated the Brown Act,
as that was beyond the scope of your complaint.
7. You have sent to me a series of emails since your original complaint on
th th
December 15 . For example on Sunday, December 18 you demanded that
Mayor Romero’s appointment be rescinded, you stated that my need to conduct
research was an excuse to delay what you considered an urgent matter, you
demanded that I conclude my research by Tuesday, December 20th (within two
days), and agendize a “cure and correct” for the special council meeting of
December 20th, prior to the conclusion of my investigation. Your insistence for a
particular outcome and for an abbreviated investigation can certainly be viewed
as an attempt to interfere with or influence my investigation.
8. As I indicated in my report to all the councilmembers, I consider this matter
closed. I would appreciate you refraining from sending emails to me and to other
councilmembers that contain personal attacks and insinuations that I was biased
in my handling of this matter. I have always treated you with the respect and
deference you should expect as an elected official, and I ask of you the same
professional courtesy.
9. I am curious why you would conclude your email by stating that corruption,
cronyism and incompetence are well and alive in Hercules City Hall. I beg to
differ. The type of blatant corruption that occurred prior to the election of the
current city council is in no way evident today, and we have you and all your
colleagues on the present day council and an honest and capable new city
manager to thank for that.
One final note, you suggested at our meeting Wednesday morning that this matter can
ultimately be a “teachable moment”. I hope so too. I would be the first to agree that
elected and appointed officials here in Hercules need to be alert to avoid situations that
may result in a violation of the Brown Act.
While we clearly have some disagreement on the matter that is the subject of my
response, looking at the big picture I believe we have a good council and a good staff in
Hercules, with a problem solving focus that was missing in the past. I look forward to
working with you and your council colleagues and staff to make sure that the citizens of
Hercules get the fair and honest representation from their elected and appointed public
officials they expect and deserve.
Best Regards,
-Patrick Tang
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