January 13, 2005     San Jose, California Since 2003
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Editorial
Missing files must be returned immediately
The Nancy Pyle era has begun for residents of the Almaden and Blossom valleys, but unfortunately, it is going to take a little while for our newly elected city council representative to effectively represent us—through no fault of her own, though.

First, it took several days for Pyle to be officially certified as the winner of the Nov. 2 election. She held a 116-vote lead over Rich De La Rosa on election night, but there were still thousands of absentee and provisional ballots countywide that needed to be counted before Pyle could declare victory. Two weeks later, the final count showed Pyle with a 414 margin.

Over the last two months, Pyle bided her time, waiting for Pat Dando's final days as District 10 councilwoman wound down. The incoming and out going councilwomen met to discuss the issues currently in play in the district, and they even appeared together at the groundbreaking ceremony for the new dog park at Jeffery Fontana Park.

It looked as if Dando—who backed De La Rosa's candidacy—was being magnanimous despite her man losing to Pyle, and she was going to make Pyle's transfer of power as smooth as possible.

When Pyle first walked into the District 10 offices on the sixth floor at city hall, she found what she expected: Empty desktops, shelves and bookcases, as all of the personal effects and touches that had made the office a home to Dando and her staff for the last 10 years had been boxed up and carted away.

It wasn't until Pyle and her staff started to get down to work that they discovered that it wasn't just house plants and family photos that were cleared out of the office. Dando had removed nearly every file, document and scrap of paper that had to do with issues facing the residents of District 10. Even the District 10 website had been shut down. All that was left was 12 files, none of which address ongoing District 10 concerns.

While Pyle has a working knowledge of the issues in District 10—the coyotes prowling the Villas of Almaden, traffic-calming plans, proposed park projects, the now-under-construction Almaden Branch Library and community center, and the McKean Road Sports Complex—there is no way for her to know what the city has already considered and declined and what steps were needed next. Without those files—at least 10 years of institutional knowledge—Pyle and her staff will have to start back at square one on most of these issues, wasting valuable time and city money having to start from scratch to get up to speed.

"We were not left any files about the sports complex," said Pyle Chief of Staff Ana Maria Rosato, referring to the most contentious issue facing the residents of Almaden Valley at this time. "We would like to have all the information, so as this project goes forward it does so in full light of day. We would like to have the information so we can make good decisions going forward."

Dando's taking of the files looks like sour grapes. Would De La Rosa—if he had won—have walked into the same situation? What's more, the removal of the documents—technically public records—could be a violation of the California Government Code 6200, which says it is a felony for a public official to hide or remove or destroy public records, punishable by two to four years in prison. We cannot know if it was a violation until the files are produced and determined if they are public records.

It is uncertain whether Dando knew she might be in violation of the law when she removed the files. But she very well must have known that Pyle would be severely handicapped coming into office without any kind of paperwork to learn the official background of the various issues facing District 10 and the city.

When contacted about the missing files on Jan. 11, Dando said she had asked Pyle if she wanted her files and database and Pyle told her no. Pyle denies such a conversation ever took place. It is inconceivable that Pyle would tell Dando, "No thank you, I'll recreate 10 years of work on my own." Of course Pyle believed she would have access to the District 10 public documents.

Dando's move, and her belated attempt to whitewash it, is an affront to every resident in Almaden Valley and Blossom Valley—the same people she represented for the last 10 years. It is an unappreciated going-away gift.

Those files must be returned immediately.

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