Willow Glen Resident

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Gonzales and top aide, Guerra, will be arraigned in late July

By Monica Heger

San Jose Mayor Ron Gonzales' arraignment was postponed until late July after a brief hearing. His attorneys asked for more time to file a motion contesting the charges pertaining to his involvement in the $11.25 million subsidy to Norcal Waste Systems.

The mayor's budget aide, Joe Guerra, and Norcal Waste Systems were also indicted in the scandal. Judge Rene Navarro agreed to postpone all three arraignments until July 26.

However, city council members have scheduled a special session for June 28, where they plan to ask for the mayor's resignation.

During the session the council will review what action it can take, including the restriction of Gonzales' mayoral powers, and the process of appointing an interim mayor. So far, Vice Mayor Cindy Chavez, council members Linda LeZotte, Chuck Reed, Ken Yeager, Dave Cortese and Nancy Pyle have all called on the mayor to resign.

The accusations against Gonzales include two counts of conspiracy, two counts of falsifying a public record, bribery and the misappropriation of public funds.

Norcal and Guerra each have been charged with two counts of conspiracy and one count of misappropriating public funds. Norcal was also charged with bribery.

"These are serious allegations," said supervising deputy district attorney Julius Finkelstein at a June 23 news conference. "They involve corruption at the highest level of city government."

The indictment alleged Gonzales paid Norcal an additional $11.25 million in exchange for subcontracting to the higher paid Teamsters union as opposed to the Longshoremen's union.

Finkelstein said the Supreme Court of California has ruled a bribe does not have to personally benefit the public official.

"A public official cannot use his official position to make a secret deal to benefit either him or his political supporters," Finkelstein said.

Councilman Chuck Reed has called for City Attorney Rick Doyle to take legal action to require Norcal to return the $11.25 million.

During a late afternoon press conference, the mayor restated his innocence and his intent not to resign from office. He said, " To finish out a career with these charges certainly hurts a great deal."