CC 01-15-2019 Item No. 10 Rescinding Code of Ethics and Conduct for Elected and Appointed Officials - Written CommunicationsLauren Sapudar
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John Geis <jgeis440 1 @gmail.com>
Tue sday, January 15, 2019 4:52 PM
Rocio Fierro; Timm Borden; City Clerk
CC 01-15-2019 Item No. 10
Council -closed sessions, transparency & conflict of interest
Hello Mr. Borden, Ms Fie1rn and Clerk's office (for inclusion in meeting comments),
As a Cupe1iino resident, I am concerned about how the city's confidential litigation can be safe from those
paiiies suing the city such as Friends of Better Cupe1iino. I am concerned about ethical breaches and conflicts
of interest.
I am also concerned that the "City of Cupertino Code of Ethics and Conduct for Elected and Appointed
Officials" was rescinded. It was passed unanimously by the council on Nov 10. This also raises
ethical and conflict of interest issues.
Has the city attorney's office examined these items and how would the State Bar view this situation?
Thanks,
John Geis
Cupertino Resident
jgei s440 l @gma il.com
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Lauren Sapudar
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Ian Greensides <ian@greensides.com >
Monday, January 14, 2019 11 :00 PM
Timm Borden; Rocio Fierro ; City Clerk; City Council
Council Meeting January 15, 2019, Agenda Item No . 10
BC_website_coverPhoto .png
Dear City Council Members, City Attorney, City Manager, and City Clerk:
I am writing regarding Agenda Item No. 10 for the upcoming council meeting, scheduled for Tuesday,
January 15, 2019 at 6:45 PM. This item relates to a proposal to rescind the City of Cupertino Code of
Ethics and Conduct for Elected and Appointed Officials. I ask that this email be enclosed in the council packet for
the council meeting, and that it become part of the public record .
As you know, the Code of Ethics was passed unanimously by the City Council on November 20, 2019 . It is shocking that
the current council now intends to rescind the Code of Ethics. Ms. Chao and Mr. Willey campaigned for office, asserting
that they sought transparency and openness i n government. Now, they are seeking to remove their ethical
responsibilities as members of the City Council by revoking the Code of Ethics, which prohibits certain conflicts of
interest.
It appears that Ms. Chao, Mr. Willey, and Mr. Scharf are attempting to remove a potential conflict of interest in regards
to the Vallco project. The Code of Ethics simply enshrines pre-existing requirements under state law to avoid certain
conflicts of interest when in public office . Revoking the Code of Ethics does not remove the conflict of interest.
Ms. Chao, Mr. Willey have directed litigation against the city in the following matters: Friends of Better Cupertino vs.
City of Cupertino, Case No . 18CV330190 & Friends of Better Cupertino vs. City of Cupertino, Case No. 18CV330190.
Mr. Willey was the CEO of Friends of Better Cupertino, and Ms. Chao is the founder of Friends of Better Cupertino. This
organization uses the services of attorney, Bern Steves to maintain this litigation.
Mr. Scharf was a Plaintiff on the case entitled Committee Supporting Cupertino Citizens' Sensible Growth Initiative vs.
City of Cupertino, Schmidt, et al, Case No . 16CF296322 . Mr. Scharf used attorney Bern Steves to maintain this litigation.
Mr. Willey recently stepped down as CEO of Friends of Better Cupertino, and Mr. Scharf recently substituted out as a
Plaintiff in the above-referenced case . However, these steps do not remove the conflict of interest. Ms. Chao, Mr.
Willey, and Mr. Scharf cannot simply switch sides on a lawsuit and negotiate on the other side of their own attorney,
and make decisions on this matter as council members. This would be akin to filing divo r ce lawsuits and then finding a
new spouse to take their places, and trying to then act as the judge in the divorce case.
The issues of Mr. Steves' attorney's fees, and the city's litigation costs are at issue. Mr. Scharf's litigation, related to the
Measure C ballot language, lost miserably in the courts. The lawsuit was filed after the deadline passed for this type of
case, and after Measure C lost miserably at the polls. In spite of both of these issues, Mr. Scharf pressed on with his
frivolous litigation against the city, costing it over $200,000 in attorney's fees . At this point, the city should be
considering a lawsuit against Mr. Scharf and the other Plaintiffs for abuse of process, and should be seeking to recover
those attorney's fees against Mr. Scharf and the other Plaintiffs. Instead, Mr. Scharf is now asserting that he can make
council decisions related to the frivolous litigation he maintained all the way through the California Supreme Court. The
City of Cupertino should not be punished financially because of Mr. Scharf's miserable behavior in maintaining a
frivolous lawsuit.
1
For Mr. Scharf, Ms. Chao, or Mr. Willey to attempt to make council decisions regarding these issues would be an a bus~
of their role as public servants. Their decisions would potentially enrich their own attorney's financial position, and
reduce their personal liability for attorney's fees and costs of litigation. This type of self-dealing is exactly the type of
corruption that should shock the conscience of the public.
In addition, the City Attorney has a duty to not permit privileged litigation issues to fall into the hands of the other
parties. In these litigation matters, the other parties are Mr. Scharf, Ms . Chao, and Mr. Willey. The City Attorney's office
has the duty to protect the public interest and to not provide privileged litigation information to these council members ·
in regards to the above-referenced litigation.
Mr. Scharf, Ms. Chao, and Mr. Willey are so inextricably interwoven with the decision-making process in the Friends of
Better Cupertino organization, that they cannot make o Ject1ve decisions regaraing lie aoove-referencea-nrigafion
matters. In addition, Mr. Paul appears to have joined the Better Cupertino organization, as his campaign signs are
emblazoned on its website, along with photos of Mr. Willey and Ms. Chao. Please see the attached photograph taken
tonite from Better Cupertino's website.
Since the Vallco SB35 project is the first major SB35 project, all eyes are on this project locally and state-wide. If the
council is insistent on permitting the Plaintiffs in these litigation matters to make decisions related to this litigation as
council members, these issues are likely to be reported in the national news outlets. Just as Mr. Paul's misguided
comments about the housing crisis were reported in the Wall Street Journal, the current issues before the council are
very likely to be reported on as well.
All eyes are this anti-affordable housing council majority. I urge you to do the right thing, and keep the code of ethics in
place, and require that Mr. Scharf, Mr. Willey, and Ms . Chao recuse themselves from these litigation issues. If these
council members do not recuse themselves, it will open the city to additional litigation from several parties, including
but not limited to the California Renters Legal Advocacy and Education Fund (CaRLA). CaRLA indicated in previously that
it intended to sue the city when the council was attempting to block the SB35.
I urge the council not to rescind the Code of Ethics .
I urge the council, city manager, and city attorney to not permit Mr. Scharf, Mr. Willey, or Ms. Chao to make decisions
regarding the above-referenced litigation matters. I also call on the city to investigate Mr. Paul's connections with the
Better Cupertino organizations to determine his level of involvement with this local political organization.
Finally, I urge the City Attorney to not permit privileged information related to the above-referenced litigation to fall into
the hands of the Plaintiffs (Mr. Scharf, Mr. Willey, and Ms. Chao).
Sincerely,
Ian R. Greensides
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Cupertino City Council
Cupertino City Attorney
10300 Torre Avenue
Cupertino, California, 95014
[5) lE <G IE H7 IE ~
m1 JAN 1 4 2019 l1lJ
CUPERTINO CITY CLERK
Subject: Revision of City Code of Ethics
Dear City Council Members and City Attorney,
Edward Hirshfield
734 Stendhal Lane
Cupertino, CA 95014
(408) 253 9674
January 14. 2019
I am opposed to revoking the Code of Ethics for the City until there is a new code of
ethics approved by the Ci ty Council, City Attorney and the citizens of the city.
I do not think the City should be without a Code of Ethics while a revised code is being
considered. This might enable unethical behavior while no code is in place.
Furthermore, I would like to see Members of the City Council enjoined from suing the
City during their term of office. This should be stated explicitly in the revised code. City
Council Members set pol i cy for the City and cannot therefore judges that same policy
while they sit. This would constitute a conflict of interest as enshrined in State law.
There can be no vested interest direct or indirect because the person or persons also
might determine the outcome in their own favor.
Edward Hirshfield
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