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CC 10-30-23 Late CommunicationsCC 10-30-2023 Written Communications Item No. 1 Public Employee Performance Evaluation for City Attorney From:Lisa Warren To:City Clerk; City Council Subject:Written Communication for Oct 30, 2023 Closed Session item #1 Date:Monday, October 30, 2023 4:40:31 PM Attachments:JR Fruen Letter to CC May 11, 2018 - City Attorney"s Duty - city"s Mission Statement.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: City Council Re: Item #1 of Oct 30, 2023 Closed Session Performance Evaluation City Attorney I have attached a letter submitted by JR Fruen, Resident, to city council members on May 11, 2018. The subject of the message I have would like to draw attention to the initial comments quoted below in bold. The letter was submitted under the Public Employee Performance Evaluation: City Attorney, (Randolph Hom) I do hope that Mr. Fruen, and others, see why this is relevant. I have concerns related to the way that CA Jensen's actions have altered in the last several months and don't believe they have not supported the city's mission statement. I hope that Mr. Jensen can get back on the right path for our residents, who any city attorney is expected to serve. " The heart of an attorney's duty of loyalty is his protection and furtherance of this client's interests. For any client, those interests range beyond shielding against legal exposure. In the case of this city, they include community cohesion and vitality as memorialized in the city's mission statement " to provide exceptional service, encourage all members of the community to support one another, and support the values of education, innovation and collaboration. " There is a later comment that suggests an additional concern : "I can not recall encountering the city attorney at public events." --- Lisa Warren From:Lisa Warren To:City Clerk; City Council Cc:Kirsten Squarcia Subject:Comments for Items 1 and 2 of City Council Closed Session Meeting October 30, 2023 Date:Monday, October 30, 2023 4:30:16 PM Attachments:Written Communications from R Fry and P Griffin City Council Closed Session July 6, 2023 meeting Items #2 and 3.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Clerk, Please include these comments in public records for todays closed session meeting. Thank you. Lisa Warren Cupertino City Council members : I support the comments and concerns that were submitted separately by residents Rhoda Fry (on July 6, 2023) and Peggy Griffin (on July 5, 2023) for both Agenda items 2 and 3 of July 6, 2023 Closed session. I have attached the 4 emails to this message, yet assume that you read them in July and hopefully re-read them prior to today's meeting. The information and concerns in Ms. Fry and Ms. Griffin's statements are echoed by many residents, and also some nonresidents that I am aware of. Further, I believe that, since July of this year, there have been additional actions taken, or not taken, by City Attorney and City Manager that are cause for concern and reflection. I also am disappointed that the public.. your public... was not made aware of the reason that the performance reviews were not conducted at that July meeting.... why the postponement decision was made. At a time when the city of Cupertino is in significant 'trouble' with finances, I strongly feel that, if today's review of CA and CM are favorable by the council majority, there should be no increase in compensation for either CA Jensen, or CM Wu. I hope that you truly consider this input and the statements in the attached July 5th/6th emails to you. With sadness and frustration, Lisa Warren