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The Sunnyvale Sun

0721 | Wednesday, May 23, 2007

Letters & Opinions

Speak Out

Council disregarded
state election law

Last week's revelation by the Santa Clara County grand jury that the city of Sunnyvale violated state election laws when it installed new city council members even before the registrar of voters had certified the election comes as no surprise to those who monitor our city council's actions. After all, even the most civically challenged person understands that any election is not over until all the votes are counted and the election is officially declared completed by the registrar.

And while the Sunnyvale city attorney maintains that such action was legal in his opinion, two independent investigations by both the grand jury and an earlier investigation by the district attorney's office have come to a unanimous conclusion that the city council actions were illegal. This hasn't done much to answer questions about the council's illicit conduct. For example, why did the city council see the urgency to install new members prior to the registrar officially declaring the election completed? Why couldn't the city council wait just one week to ensure that their actions were above reproach? What justifiable reason could the council have for even thinking such action would not at a minimum be viewed as unethical and, as has now been determined, obviously illegal? Why has every other city and district in Santa Clara County always followed this particular state law except Sunnyvale and why this particular time? Why is there no city report documenting that the council even requested the city attorney to provide his opinion that their actions might violate state law? Was this decision done to benefit one or more council members?

Even more disturbing, the grand jury concluded that the city provided outright false information misstating the registrar of voters' schedule for certifying the election? Why did the city provide overtly false information to the public to justify the council's illegal actions?

Per the grand jury recommendations that the city establish a formal procedure to prevent future violations, the city council has already responded by instructing the recent Charter Review Committee to approve modifications to the City Charter. But, there appears to be no record that the city council ever publicly provided the Charter Review Committee with information that the city was found to have violated the law. Why did the city council hide from the public and a blue-ribbon appointed committee charged with changing city election law with information from the district attorney that was critical for them to come to a well-informed decision?

The complete lack of openness and accountability by the city council on this action is disappointing at best. The council must provide the public with honest answers to these and other pertinent questions. Without this, the public trust in one of our most cherished institutions, free and open elections, is at risk.

Tim Risch

Former Sunnyvale vice mayor

City not helping
downtown business

Is the city of Sunnyvale actively making it difficult for downtown businesses to thrive?

Can anyone at City Hall explain why it's taking nearly 6 months to "fix" a half-block of Frances Street between Evelyn and Washington? This delay can not be good for Sunnyvale's downtown businesses. Neither can switching Sunnyvale Avenue between El Camino and Evelyn from two lanes each direction to one lane each direction with a turning lane.

Putting up "Shop Sunnyvale" signs and then restricting access equals zero help.

Jack Spratt

Sunnyvale




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