September 22, 1999    Sunnyvale, California  Since 1994

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    Council: Kawczynski's rude; not unethical

    By Kelly Wilkinson

    In what looks like the near-end to squabbles over councilmember Stan Kawczynski's behavior at recent council meetings, a subcommittee agreed last week that he had not violated the city's code of ethics.

    The subcommittee consisted of Mayor Manuel Valerio, Vice Mayor Pat Vorreiter, and councilmember Jim Roberts. Valerio and Vorreiter sent Kawczynski a letter in August calling his behavior "disappointing, disruptive, immature, and inappropriate given your status as a long-time member of Council."

    But in last Wednesday's meeting, the committee decided that while occasionally out of order, his actions did not constitute any violations.

    Valerio said Kawczynski's behavior was often "bothersome, not very pretty, and downright rude...but it doesn't rise to the level of a violation."

    Each member of the committee shouldered blame for not calling some of Kawczynski's actions out of line.

    "[Kawczynski's behavior] was very often out of line and inappropriate," Vorreiter said. "Perhaps what we're learning is that we also have a responsibility to check that behavior."

    Valerio agreed.

    "I, as chair, could have interjected," he said.

    The committee investigated charges put forth by councilmember Fred Fowler, requested the investigation and urged the mayor to fault Kawczynski. In a letter to Valerio, Fowler told him the code of ethics would become meaningless if it was not enforced.

    Fowler detailed particular portions of the ethics code that he suspected Kawczynski of violating. The charges included failure to prepare adequately for meetings, and lack of respect for process.

    "In light of Mr. Kawczynski's actions and statements, I look to the subcommittee to reaffirm the value and importance of the code and to recommend that the Council take punitive action against him," Fowler's letter read. "There must be consequences for bad behavior."

    Fowler was not present at the meeting, but upon being told the outcome said, "If that's the way [the subcommittee] feels, then that's the process I asked for."

    Each member of the subcommittee did fault Kawczynski for various reasons, most strongly for repeated absences at council study sessions and badgering of city staff and city manager Bob LaSala.

    Kawczynski still dismisses the allegations, and called the investigation spurious, a sham, and a waste.

    "They just wanted to show that they could do this," he said. But he did admit some surprise at the committee's outcome.

    "I expected them to continue with their sham and slap my wrist for being a bad guy and picking on people."

    All members of the subcommittee agreed that Kawczynski's behavior at the Aug. 10 city council meeting came closest to constituting a violation. At the end of the meeting, Kawczynski attacked LaSala's leadership and job performance.

    Jim Roberts called the display ugly and unnecessary, and said it "brought all this to a head." Valerio said Kawczynski "crossed a line in terms of decorum and civility."

    But they said it did not constitute a violation because no one called him out of order. And they all noted Kawczynski's behavior has calmed.

    "At this point, I have a feeling councilmember Kawczynski has gotten the message," Roberts said.

    The subcommittee will report its findings to the rest of City Council at Sept. 28 meeting. At that time, Kawczynski and other members will be able to respond, and the public will also be able to provide input.



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