Now Lucas is crying foul. He and his election committee have been looking into the possibility that the Saratoga City Council may have violated the Brown Act, California's open meeting law, or committed a fair political practices violation.

However, Saratoga's city attorney, the Santa Clara County District Attorney's Office and California's Fair Political Practices Commission have said there was no violation.

A letter on private letterhead dated Aug. 23 and signed by Saratoga Mayor Nick Streit and Councilwoman Ann Waltonsmith expressed support for board candidates incumbent Jeffrey Schwartz, newcomer Bret England--both representing the West Valley area--and Gagan Singh, who would represent Santa Clara. The letter also states: "All four of our current City Council members (one member teaches at West Valley and recuses on college district issues) are endorsing these three candidates."

The letter also detailed the history of Saratoga's long-standing tension with West Valley College surrounding its conditional-use permit preventing the construction of a football stadium on the campus. That conflict culminated in a 1996 lawsuit that was finally brought to a close earlier this month. The letter indicated that the candidates supported by four of Saratoga's council members favored a resolution to that tension, while the other candidates did not, and "would fight a war of attrition with this City."

Asking them to endorse the same candidates or none at all, the letter was sent to the entire Monte Sereno city council except Mayor Jack Lucas. It was also sent to councilmembers in Campbell, Los Gatos and Santa Clara, all areas included within the community college district.

Streit said he and Waltonsmith sent the letter after finding out from the candidates where they stood on the issue of a stadium at West Valley, and the three they supported are the candidates who said they opposed such a stadium.

"It's the number-one issue for us in Saratoga and we're going to do whatever we need to do to protect the character of the neighborhoods," Streit said. He added that the letter was to let the other councils know the importance of that issue in Saratoga as well as to encourage other candidates to also oppose the stadium. He said candidate Kevin Michael Moore has since publicly stated he would oppose the stadium.

Saratoga Vice Mayor Evan Baker said that, when asked, Lucas would not go public with opposition to the stadium.

"Jack dodged the question," he said. "I don't think Jack has the slightest clue how polarized" the community has been over the stadium issue.

Baker and Councilman John Mehaffey said they knew that Streit and Waltonsmith would be sending the letter and that they did endorse the candidates supported in the letter.

Lucas said he found out about the letter from one of the Monte Sereno council members. He said he assumed that if the council had come to a joint conclusion to support three of the district candidates, that they had done so in an open session, as required by California's open meeting law, the Brown Act. He tried to get a copy of the minutes from that session, but was told by some of the Saratoga council members that there had been no public session on the decision, he said.

That, he said, is wrong.

"You have a position taken by a city council, as a group, outside of a posted meeting," Lucas said. "I think that's as illegal as sin."

However, the Brown Act allows a minority of a city council to make a decision and take an action without bringing the topic before the whole group in an open session. Because only two Saratoga council members signed the letter, it is not a Brown Act violation, said Saratoga city attorney Richard Taylor.

He also said that endorsements of candidates by public officials are very common and are public record, and thus mentioning the support of other council supporters would not violate the Brown Act. Further, the Brown Act only covers matters that relate to that jurisdiction--in this case, the city of Saratoga.

Bill Larsen, Santa Clara County special assistant district attorney, agreed with Taylor.

It's permissible "if elected officers want to endorse someone and wanted to notify others of their position," he said. He said the letter's mention of other council members' positions "certainly doesn't indicate that there's any illegal conduct as far as the Brown Act is concerned.

Lucas, however, whose Committee to Elect Jack Lucas has taken the letter to the district attorney's office and the Fair Political Practices Commission, had not given up by press deadline. He said the committee might take the letter to the state attorney general for another opinion.

Beyond his concern about the letter's legality, however, is that it doesn't accurately reflect his stance on the West Valley College's relationship with Saratoga, he said.

"I think what angers me most of all," he said," is, first of all, I was never questioned about this. And secondly, I never even received a letter. I have told [the Saratoga council] that I have not taken any opposite agenda, period."

Campbell Vice Mayor Dan Furtado and council members Jane Kennedy and Matthew Dean said the letter wouldn't affect their endorsements or support for any of the district candidates.

Los Gatos Councilman Joe Pirzynski said he would continue to endorse Lucas for the board, regardless of the letter's request.

And West Valley College Chancellor Stan Arterberry said he had read the letter but it wouldn't affect anything he did.

"I don't get involved in local elections, and of course I don't endorse anyone on the governing board," he said.

"I hope the letter doesn't interfere" with the city-college relationship, Arterberry said.

Moryt Milo contributed to this report.