City Council members Wednesday night unanimously approved a
resolution condemning Morgan Hill attorney and developer Bruce
Tichinin and calling for his immediate resignation from the Morgan
Hill Urban Limit Line Subcommittee.
Expressing hope that a recent scandal involving two high ranking city employees, a city councilwoman and a local attorney could be put behind them, City Council members Wednesday night unanimously approved a resolution condemning Morgan Hill attorney and developer Bruce Tichinin and calling for his immediate resignation from the Morgan Hill Urban Limit Line Subcommittee.
The special meeting before the regular City Council meeting was held to discuss the scandal that erupted earlier this month when it was learned that Tichinin hired a private investigator to follow the city manager and city attorney in an effort to gain proof the two were having an affair.
A report, prepared by Councilmen Greg Sellers and Larry Carr, was released last week. It outlined the allegations of a sexual affair between City Manager Ed Tewes and City Attorney Helene Leichter. Tewes and Leichter have denied any affair took place.
When the council emerged from closed session 50 minutes late, four television news cameras were trained on the dais as Tewes and Leichter solemnly walked to their seats with Kennedy, Carr and Sellers. The council had been discussing personnel aspects of the matter behind closed doors for nearly two hours.
Other television crews were in the downtown Tuesday seeking opinion from residents about the events of the next two weeks
Four television news cameras were trained on the dais as Tewes and Leichter solemnly walked to their seats with Kennedy, Carr and Sellers.
Councilwoman Hedy Chang, who apologized Wednesday night for her part in the controversy, did not come out with the others, but followed several minutes later. A yellow rose had been placed by her nameplate.
Tichinin admitted he initially lied to Sellers when asked about the hiring of an investigator to look into rumors of any affair between Tewes and Leichter. Both have denied any affair took place.
‘‘I am ashamed I did not tell my long-time friend the truth,’’ Tichinin said. ‘‘I apologize to you all for it. I am glad that I corrected it quickly, only six days after I made it and before any harm was done. … There is no statement anywhere that any harm was suffered by anyone, that any harm was done.’’
His reason for lying to Sellers, he said, was fear of retaliation.
‘‘You had seven weeks to prepare your report and I am sure you did your best; I was caught flat-footed and trapped,’’ he said. ‘‘I feared giving no answer would compromise the confidentiality of the investigation and the confidentiality of the client on whose behalf I began the investigation. I also feared if I told the truth, the city would retaliate against me and my client.’’
Tichinin has stated he undertook the investigation of the alleged affair at the behest of a undisclosed client, not at the behest of Councilwoman Chang, who is also his client.
The report states Chang hired Tichinin to defend her against claims of defamation and harassment made by Leichter. He said he was attempting to present proof of an affair to show Leichter was not acting independently in her opinion related to a project in which he has a financial interest.
Tichinin said Thursday he has no intention of resigning from the ULL committee.
“… it is clear that the council would have removed me from the committee except that it know it would have been a violation of my Constitutional rights.”
Tichinin said the council has not released to him or the public any of the massive documentation of its investigation of his investigation despite a public records act request made more than two weeks ago.
“Apparently, the council is still holding over my head the District Attorney. Apparently, to chill my interest in any interest I may have in their conduct. And until I have consulted with my attorneys I feel unable to safely say more,” Tichinin said.
Tichinin said his next step would be to consult with his attorneys.
No action was recommended in case Tichinin does not resign.
The Urban Limit Line committee is charged with making recommendations on the “drawing” of the line designating the ultimate edge of where the city would be allowed to grow over the next 50 years. Land inside the ULL would remain subject to city zoning regulations and have the benefit of city services.
Each of the councilmembers also took the opportunity to comment on the report, as well as the circumstances, which have been called “scandalous,” surrounding a surveillance of Tewes by an unlicensed private investigator, Brian Carey.
“Over the past week, I have received many e-mails, phone calls, in person questions and comments on this subject, and I want to bring out several important points,” Mayor Dennis Kennedy said as the meeting eventually got under way. “We as a council elected to conduct this investigation city using city funds … The City Council hires two city employees directly, the city manager and city attorney, and it is our responsibility to insure that they are provided with a safe and healthy work environment, free from harassment of any kind.”
Kennedy said when Tewes told the council of his trip to Huntington Beach in February, during which he believes he was under surveillance, the council had to act.
“We could not ignore his plea for help,” he said. “This is not about politics, religion or race; it is about insuring our employees have a healthy and safe environment, in which to work, free from harassment or intimidation.”
Both Sellers and Carr spoke emotionally about the controversy, both also refusing to step down as Tichinin had earlier called on them to do, saying it was as if the prosecutor, judge and jury were one in this case.
‘I have taken no joy in the information we have uncovered,” Carr said. “All five of us agreed to the members of the subcommittee … We need to send a message that business is not conducted in this manner in Morgan Hill. I cannot and will not tolerate this type of behavior even from someone who has supported me.”
Carr had told the council earlier that Tichinin had contributed to his campaign.
Sellers also said he wants the Morgan Hill community and neighboring communities to know that the council will not sit by and accept these actions.
“I have heard, since the report was released, people saying what a quaint little town, cute little town, Morgan Hill is, and what do you expect from a little town like Morgan Hill,” he said, apparently holding back tears. “I grew up here, I grew up in this community, as did my wife, and we are raising our children here. I expect a lot from this town. I expect us to conduct ourselves with the highest moral standards and be worthy of the people who live in this community. Clearly, for the record, we do not condone, will not support these kinds of actions.”
Councilman Steve Tate said he had hear much talk blaming Carr and Sellers for the controversy, and he wanted to make it clear the entire council was behind the investigation.
“There’s been a lot of naming of the subcommittee members,” he said. “They are the subcommittee appointed by the council, the entire council, and every step of the way they have been sanctioned by city council … They have reported to us every step of the way.
“My goals in what we’ve been trying to do is to find out what the facts are,” he said. “And figure out how we can prevent a reoccurrence … I don’t want to punish anyone, I don’t want to know what the legalities are, that’s not what I’m basing this on, but to get this behind us, minimize our expense, but to make sure this doesn’t happen again.”
Chang, who apologized Wednesday night for her part in the controversy, did not come out with the others, but followed several minutes later. A yellow rose had been placed by her nameplate.
“I wanted to sincerely apologize to the people for this event,” she said. “I did know about it but I didn’t cause it. It caused heartburn, it caused time, it caused expense, it caused peoples good name for this whole event. I’m hoping after this all of us could still work together and put this behind us and still be able to take care of the city’s business.”
Chang said she did know of Tichinin’s plan to put Tewes under surveillance, and that she had tried to talk him out of it but was unsuccessful. She also said the reason she did not come forward with the information to council was that she believed attorney/client privilege would not allow it.
Although Chang mentioned the expense, $50,000 for conducting the investigation into Tichinin’s surveillance of Tewes, a detailed account of expenditures was not provided. Carr said after the meeting that the city had not yet received one.
When the meeting, which lasted less than two hours, was open to public comment, four people chose to speak.
“This whole sordid affair was not about sex but about the greed of a lawyer and developer,” said former planning commissioner Barbara Sullivan. “I expect us to be honest and fair and decent to each other, to uncover the truth and loudly proclaim our outrage.”
Alex Kennett, interim Chamber of Commerce executive director, told council members not to be too hasty in their decision.
“It really shouldn’t matter whether there was an affair or not,” he said. “I would rather you arrange some form of mediation rather than a decision made too quickly.”
Chang’s self-described best friend spoke out on her behalf, although Chang murmured a protest. Frances Wang of Gilroy said she felt Chang had been treated very badly and very unfairly in the matter, and that the city should be proud to have her serve as councilwoman.
