Embattled attorney Bruce Tichinin challenged the City Council
Wednesday night to put up or shut up about referring his recent
activity to the Santa Clara County District Attorney
’s Office or the state Bar Association. Councilman Greg Sellers
said Thursday that he thought it was clear that council would not
refer the matter. Mayor Dennis Kennedy said council has not yet
made a formal decision. Tichinin asked council to wrap up
subcommittee work by Councilmen Larry Carr an
d Sellers as it concerns him. He again asked that the council
release the city’s own private
Embattled attorney Bruce Tichinin challenged the City Council Wednesday night to put up or shut up about referring his recent activity to the Santa Clara County District Attorney’s Office or the state Bar Association.
Councilman Greg Sellers said Thursday that he thought it was clear that council would not refer the matter. Mayor Dennis Kennedy said council has not yet made a formal decision.
Tichinin asked council to wrap up subcommittee work by Councilmen Larry Carr and Sellers as it concerns him. He again asked that the council release the city’s own private investigator’s reports, which they have not done. Tichinin and the council have been at odds since it discovered he had hired a private investigator to follow City Manager Ed Tewes on an out-of-town trip, trying to see if he was having an affair with City Attorney Helene Leichter. Tewes and Leichter deny having an affair.
The information would allegedly have been used to ease Leichter out of advising council on a land-use matter Tichinin had before the city.Carr and Sellers were delegated by council to find out who hired someone to follow Tewes and why; it took six days after he was first asked for Tichinin to admit that it was he.
Carr said Thursday that, since July 14, Tichinin is the only one who has continued to bring the issue up.
“As I said on the 14th, I haven’t made a final judgment,” Carr said. “Council needs to decide if they’ve done as much as they want to do. Is it really in the best interest of the city to do more? That is a really tough question.”
Tichinin was firm in insisting that council stop pursuing him.
“I request that you immediately … cease your unconstitutional and retaliatory attempt to intimidate me in the exercise of my first amendment right to publicly and privately criticize your conduct, which you are engaging in by hanging over my head the continued possibility of referrals for criminal prosecution and attorney discipline,” Tichinin told the council.
He asked council to take one of two paths: either to resolve that he violated no criminal law or attorney rule of conduct – which he maintains – or to state the specific sections of the Penal Code or Rules of Conduct they believe he has violated.
And Tichinin asked council to show its reasoning behind any belief that violations occurred.
In a related action Wednesday, the council authorized spending up to $100,000 on the investigation, double the amount originally announced.
Sellers said Thursday he thought council indicated at the July 14 meeting where the Tewes/Leichter/Tichinin matter was discussed that they wouldn’t pursue Tichinin.
There was no formal vote in the open session though council did adopt a resolution condemning and asking for Tichinin’s resignation from the Urban Limit Line committee. Tichinin refused to resign.
“At this point we don’t anticipate referring the matter to the D.A. or the state Bar,” Sellers said. “I thought that was clear on July 14.”
Almost the only thing that would change that decision, he said, was if new information came out while he and Carr are “tying up a few loose ends.”
Sellers said that, while he finds Tichinin’s activities “inappropriate,” he didn’t think they were illegal.
Chang did not attend closed sessions where the inquiry was discussed because it was initially thought that she had asked Tichinin to check into the alleged Tewes/Leichter affair. Chang and Tichinin deny that she was involved.
Chang said her attorney advised her not to attend the sessions.
One loose end is one further conversation with Chang, making sure they fully understand her part in the matter. Chang has told Sellers she would do this.
Tichinin read a prepared statement during council discussion over authorizing up to $100,000 to pay for its inquiry into the investigation. Complete bills have not yet been received or paid but council has yet to provide details about the exact amount.
There has been quite a bit of comment among the public and the press about the legality of reserving $100,000 in public funds without any public knowledge. The mayor and city manager are authorized to approve expenses up to $20,000.
Sellers said council is still waiting to see what the outstanding bills total. He said Thursday that he thought one bill from the city’s private investigator was in the neighborhood of $25,000 but he did not know if that is the complete bill or not.
Carol Holzgrafe covers City Hall for The Times. She can be reached by e-mail at ch********@*************es.com or phoning (408) 779-4106 Ext. 201.
