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Candidate withdraws amid controversy
By GEORGE MOORE
Cupertino Union School District board member Barry Chang withdrew his application for the city's planning commission. There were questions of possible conflicts if he served on both the planning commission and the school board simultaneously.
"I have found that there is certainly an overlap of duties, and in my view an incompatible office," City Attorney Chuck Kilian said. "The planning commission makes recommendations which often impacts schools. It's really up to the school board to make that determination whether somebody is actually occupying their position or not."
According to City Clerk Kimberly Smith, Chang contacted her on Jan. 14 to withdraw his application. She said Chang informed her that he plans to apply for the fine arts commission instead.
Smith said she had sent Chang a letter explaining the situation. He had already submitted an appication for the public safety commission as well.
The legality of Chang's joining the planning commission was discussed at the Jan. 7 Cupertino City Council meeting. Though his name was never mentioned during the meeting, it was clear they were speaking of Chang, a board member on the Cupertino Union School District.
Chang was one of 16 applicants for the planning commission, and the controversy involves a compatibility issue if he were to be appointed to the commission. Kilian said if appointed, Chang could possibly vacate his school board position.
According to Beverly Armstrong, director of communications for CUSD, the legal counsel for the district agreed with Killian's interpretation, and said there was a compatability issue. She said if Chang was appointed to the planning commission, he would have to give up his seat on the board.
Vice Mayor Michael Chang, of no relation, said at the meeting that given the circumstances, maybe they should not be concerned about it at all and just move forward, letting the responsibility lie with the school board. Kilian said it was possible that the school board attorney might disagree with his findings and say they are compatible.
Vice Mayor Chang said fellow Councilwoman Sandra James was on the school board and the parks and recreation department at the same time and it was not an issue.
"It's important to us when we interview to know what is OK and what is not," Vice Mayor Chang said.
Mayor Richard Lowenthal said it seemed likely in this case if someone was on the school board and was appointed to the planning commission, he or she would vacate their position on the commission if there was a conflict.
"That would leave us with the problem of having to re-appoint somebody," Lowenthal said. "I'm also concerned, given our recent experience with the teen commission, that I want this to be objective as possible and settle this before we talk to the candidates."
Lowenthal said he wanted Kilian to review any possible conflicts of any applicants they are going to interview. He said he would like this information sent to council members and the applicants as soon as possible, because interviews would be taking place Jan. 14 and 15.
Vice Mayor Chang agreed, saying it would be good for people to get this information early, so they know what they can or cannot apply for.
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Cupertino, California Since 1947
