After a prolonged emotional debate, the Milpitas Metropolis Council will start the censure course of towards Councilmember Evelyn Chua over an alleged try to carry a gathering in violation of the Brown Act and different potential breaches of metropolis codes.
The Metropolis Council additionally known as a particular assembly to debate the alleged incidents that led to the resignation of Metropolis Supervisor Deanna Santana who apparently clashed with Chua over the reported actions.
“Let’s look at both sides and determine if there’s a violation,” stated Councilmember Garry Barbadillo. “Let’s subject it to the process.”
In accordance with metropolis paperwork launched upfront of this week’s assembly, Chua practically violated the legislation by requesting a gathering of the Metropolis Council with out correctly saying it to the general public. Beneath the California open conferences legislation often known as the Brown Act, conferences of public our bodies like metropolis councils should be introduced to the general public, even when they’re held behind closed doorways.
In late August, Chua had requested for workers member Michelle Ramirez to arrange an interview with a candidate for metropolis legal professional, with out involving different workers. Ramirez talked about this to a superior, who instructed Ramirez to direct Chua to town supervisor. When Ramirez requested whether or not to contain town supervisor, Chua specified that “this is only for elected officials and no staff involved,” based on textual content messages included within the report.
“I would have been involved in something that could have broken the law, made me look like a co-conspirator, and damaged the City’s reputation. Just realizing that was incredibly scary,” wrote Ramirez in a written assertion. “I could have made a serious and costly mistake for myself professionally and for the City. I wish that (Councilmember) Chua would have left me out of this, it has caused for a lot of stress.”
The assembly was later formally scheduled, and the incident was reported to the Santa Clara County District Lawyer’s Workplace. “Fortunately the system worked as it should, and the city manager was able to avert the violation,” stated Deputy District Lawyer John Chase in a letter included within the paperwork. “Had the interviews been conducted in violation of the Brown Act, any subsequent appointment of a new city attorney would have been subject to nullification, and the individual councilmembers potentially subject to criminal persecution.”
Together with the authorized near-miss, the workers report discovered that Chua’s actions violated a number of metropolis codes, together with by directing a workers member with out going by town supervisor and by improperly calling a gathering.
Chua stated she was “taken aback” by the involvement of the district legal professional’s workplace and was not given time to present her enter on the report or agenda. She additionally maintained that she used the identical course of to carry conferences as in earlier hirings — although each the interim metropolis supervisor and the performing metropolis legal professional stated this was not the case — and famous that in the end, no legal guidelines had been damaged. “The meeting I requested was scheduled with proper procedure and Brown Act compliance,” stated Chua. “To me that means the system worked.”
Milpitas Mayor Montano insisted that the council needed to “take some action,” however expressed that censure was a bridge too far. “There was no malice,” stated Montano of Chua’s actions. “I think it was an honest mistake.”
Councilmember Barbadillo maintained that paperwork that weren’t included within the workers report defined Chua’s actions. He additionally questioned why metropolis workers would have advised that Chua had violated metropolis code when the Metropolis Council makes the ultimate willpower on whether or not a code was breached or not. Barbadillo maintained that the censure course of would give Chua a strategy to “defend herself.”
“We are a laughingstock,” stated Barbadillo. “What pains me is this report … We’re calling it (a violation) without due process.”
After the Performing Metropolis Lawyer Christopher Creech defined that town supervisor and town legal professional are obligated to share their opinion about a possible violation of code, Barbadillo advised that each town supervisor and town legal professional ought to face a efficiency analysis. Later within the night, he was joined by Chua and Councilmember William Lam to approve a gathering discussing whether or not to revoke Creech’s performing metropolis legal professional designation or assign the function to another person.
In Milpitas, the censure course of might be initiated by one councilmember on one other, with the remaining councilmembers deciding whether or not to research additional, maintain a censure listening to or take no additional motion.
In a exceptional second, Chua tried to start the censure course of towards herself, although her request was quickly denied since that was not allowed below town’s course of. “We need more information,” Chua stated. “I want this resolved myself.”
Councilmember Hon Lien then selected to start the method towards Chua. “Why is it as leaders we are here trying to cover up for one another? We undermine the trust and we erode our credibility with the public,” stated Lien, highlighting Rodriguez’s statements, Santana’s resignation and the authorized near-miss. “Had this meeting happened … I don’t want to go to jail for someone else doing the wrong thing.”
Along with initiating the censure course of, the Metropolis Council known as for a particular assembly, with Barbadillo, Lam and Chua in favor. That assembly could be set for Friday, pending metropolis council availability.
Chua was first elected to metropolis council in 2020 after beforehand serving on the planning fee. She was re-elected in 2024, securing her seat by greater than a ten percentage-point lead.
