The Sunnyvale Sun

News

Civil grand jury accuses city of election violation

By Stephen Baxter

Sunnyvale city council members elected in 2005 took oaths of office six days before county authorities certified the election, the Santa Clara County civil grand jury reported May 14.

The grand jury said Sunnyvale installed its council members on Nov. 29, 2005, and the county Registrar of Voters deemed the election results official on Dec. 6, The grand jury also accused the city council of prematurely choosing its mayor and vice mayor. The city now has 90 days to explain itself to the grand jury.

Sunnyvale city attorney David Kahn said May 15 the city acted properly, and it will respond to the grand jury as required.

"The city believes the report is factually and legally incorrect, and the city will provide a response," Kahn said.

Kahn indicated there was miscommunication between Sunnyvale and the county on when the city could legally install council members. City spokesmen have said Sunnyvale could pre-empt the county's certification because of its charter city status, but the law is foggy on the matter.

Councilman Ron Swegles won election in 2005 and was chosen as mayor. In October, he invited friends and family to his swearing-in on Nov. 29. Jesse Durazo, the county registrar of voters, was unavailable to certify the election in time for the ceremony.

Swegles said he asked the city attorney if it would be legal to keep the November date. Because Kahn had been working closely with the county, Swegles said he trusted Kahn's approval to keep the date.

"He's the one that's protecting the city; he knows the law," Swegles said.

Swegles also did not want to change his sent invitations and delay his inauguration, he said.

"Yeah, but that's not really an important part. We had to be sure it was certified," Swegles said.

When elections are completed this November, the city plans to install members after the county certifies results in December or later.