May 19, 2004     Sunnyvale, California Since 1994
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Grand jury decides Miller didn't follow procedures
By Jason Goldman-Hall
A Santa Clara County Grand Jury investigation ruled on May 10 that former mayor Julia Miller was not authorized by city charter or code to form an ad-hoc committee last year to investigate the actions of Tim Risch and Robert LaSala, who at the time were the vice mayor and city manager respectively.

The Grand Jury investigation was prompted by a complaint from Risch who says the former mayor's reason for forming the ad-hoc committee was politically motivated.

Miller's investigation began less than a month before the election that ousted Risch from office, and started from a complaint by Public Safety Officers Association President Steve Fisk, who—at the time—was leading a massive campaign against the former vice mayor.

Miller appointed the ad-hoc committee to investigate Risch and LaSala's questioning of a police action on Aug. 31, 2003. She appointed the committee on Oct. 7, after Fisk complained that those questions were inappropriate.

According to city code, if a violation is alleged, the mayor should first ask the city manager or city attorney to investigate the allegation. After any findings are reported, it is then up to the mayor to take the next action, which can include the formation of an investigative subcommittee, but only after properly notifying the public and putting the item on the council's agenda.

And although the jury found that council might have technically violated the Brown Act, California's open meeting law, it found that the spirit of the act was not violated because the investigation meetings were made public.

"I'm satisfied," Miller said, "because it clearly says that there was no intentional violation of the Brown Act."

As a result, the grand jury only recommended that the council should consult the city attorney on future proceedings and that the attorney be outspoken in advising on procedural matters.

Risch asked for an investigation in response to the damage he said was done to his reputation and that of his family by Miller's decision.

"Despite the fact that the city manager, city attorney and director of public safety all publicly stated that I had done nothing wrong, ex-Mayor Miller blatantly disregarded this information and single-handedly decided to conduct this unwarranted investigation," Risch said.

"Throughout this process it has been my intent to send our elected officials the message that using the power invested in them by the voters for purely political gain cannot be tolerated," Risch said.

The subcommittee found that Risch and LaSala had not violated any part of the city charter, but did say that the two men had exhibited poor judgment in their questioning. Six weeks after the election, LaSala was placed on administrative leave by the council, and on Feb. 6, his contract was terminated and the two parties went their separate ways without public comment.

"Ex-Mayor Miller's irresponsible actions not only were hurtful to both my family and me but have also resulted in thousands of dollars in legal fees that my family has had to pay out of our own pocket," Risch said. "One would hope that future councils would learn from this experience and exercise greater restraint and better judgment when making decisions that can so profoundly affect people's lives."

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