The Sun
Sunnyvale's Newspaper

Chief planning commissioner is expected to keep his post, officials say

By Steve Enders

Mark O'Connor, chairman of the Planning Commission, will likely continue to serve his term with the city of Sunnyvale, according to city officials.

O'Connor will likely retain his position despite his recent conviction on four counts of misdemeanor vandalism, one count of petty theft and one count of unauthorized entry of a dwelling.

O'Connor will also retain his elected seat on El Camino Hospital's board of directors, according to Victoria Emmons, spokesperson for El Camino Hospital.

His four-year term on the Planning Commission is scheduled to end this June.

"It's been my distinct honor and pleasure to serve the citizens of Sunnyvale, and I want to finish my term," O'Connor said emphatically.

He says he'll also run for re-election this November for his seat on the El Camino Hospital board.

"I'm doing it at the behest of my wife," he said.

After learning of O'Connor's conviction last month from anonymous sources, Sunnyvale Mayor Jim Roberts requested that the city attorney's office look into the matter to guide the council on what actions it could take.

The report was given to the City Council Jan. 9 by Assistant City Attorney Theodore R. Bresler.

"We just wanted to understand what the possible mitigating circumstances may have been," Bresler said.

The report recommends three options to the council: take no action; discuss it at a future council meeting; or request further investigation by the city attorney.

So far, Roberts said, the council has decided to take no action.

"Right now there are no plans to remove Mark O'Connor from his post," Roberts said. "This is a personal matter for him and his family."

Roberts also said that the City Council could decide to discuss the matter, but so far it hasn't.

The city attorney's report fully details O'Connor's actions and whether they violate the city's code of ethics or any precedents set by California's courts regarding similar circumstances in other cities.

What Bresler found, in summary, is that "there does not appear to be any credible evidence submitted to date that Mr. O'Connor's conduct has had any adverse impact on the 'integrity of local government' or 'its effective and fair operation' as set forth in the code of ethics."

The report further states that since O'Connor was not convicted of a felony or of any crime against a person, but rather against property, he did not violate any moral standards set by the city charter in regard to its employees or appointed and elected officials.

Finally, the report says, "none of the actions attributed to Mr. O'Connor were performed in the scope of his official duties."

O'Connor was sentenced last December after pleading no contest to charges of breaking into the home of former Stanford oncologist Frank Stebbins.

He was also charged with stealing papers from Stebbins' house and vandalizing his office nameplate, his car and the door at his home.

Stebbins gave up his medical license last year after being convicted of having sexual relations with one of his patients. He chose to give up his license rather than face a hearing before the California Medical Board.

O'Connor was sentenced to 30 days' house arrest and 100 hours of community service and must undergo counseling.

O'Connor, who also sits on the board of directors of El Camino Hospital, cannot be removed from his position there unless voters choose to remove him. The board could ask for his resignation.

The hospital's CEO, Richard Warren, says that O'Connor will remain on the board.

"Mark's a great guy," he said. "He truly regrets his actions, and I hope he weathers all of this OK."

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This article appeared in the Sunnyvale Sun, January 21, 1998.
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