A somber City Council and a packed chamber listened as two of
its members presented a report detailing a tangled scandal
involving surveillance of the city manager, allegations of a sexual
affair between the city manager and the city attorney, misuse of
power by a present council member and suggestions of impropriety by
the city’s highest-profile private attorney.
A somber City Council and a packed chamber listened as two of its members presented a report detailing a tangled scandal involving surveillance of the city manager, allegations of a sexual affair between the city manager and the city attorney, misuse of power by a present council member and suggestions of impropriety by the city’s highest-profile private attorney.
In an hour-long meeting Wednesday, the report, written by Councilmen Greg Sellers and Larry Carr and based on information from a private investigator hired by the city, alleges that attorney Bruce Tichinin hired an investigator to track Morgan Hill City Manager Ed Tewes in search for proof that he was having a sexual affair with City Attorney Helene Leichter.
The report states that the surveillance might have been linked with several land-use applications Tichinin is handling, which are expected to come before the council.
Tichinin is accused of wanting the information to sway Tewes into supporting the case of “a client.”
The Council also heard a firm denial from Councilwoman Hedy Chang, who is accused of reputation-damaging impropriety and from six members of the public. Chang acknowledged hiring Tichinin to defend her against possible claims of harassment and defamation by the city attorney but said she did not authorize the hiring of a private investigator.
At the hearings conclusion, the council voted 4-0 (with Chang abstaining) to accept the report and take it up July 14 at a special meeting.
“This is the most difficult task I’ve had to undertake in my almost four years on the council and four years on the school board,” Carr said Wednesday night. “But our greatest duty is to maintain the public’s trust.”
Tewes and Leichter, who are both married, have denied the affair and were present at the meeting, but neither made any statements.
The report alleged that Chang knew about the investigator and possibly encouraged it, which both Chang and Tichinin emphatically deny.
Neither Tichinin nor his attorney was present at the hearing though he had delivered a statement to the press and to the council on Tuesday declaring that his actions were legal and that citizens have the right to keep an eye on their government.
Chang’s attorney Linda McPharlin read a prepared statement objecting to the report being released to the public last week and that it would be discussed at the Wednesday meeting. She said it left little time for Chang to correct errors in the report.
The release was “highly unorthodox” she said and could expose the city to civil liability and monetary damages. The report has cost the city about $50,000 on their own investigation.
Carr and Sellers took Mayor Dennis Kennedy, Councilman Steve Tate and a chamber full of concerned residents and the entire city executive staff through the report again suggesting that Chang was behind the investigation that scared Tewes and frightened the council while the investigator followed the city manager.
After the report, McPharlin read out Chang’s objections: “The result of this use of city resources has been to harm council member Chang’s reputation through expression of her political opponents’ opinions based on scant and inaccurate facts,” McPharlin said.
She also contended that:
– That the council has a legitimate interest in whether the city manager and city attorney have a personal relationship which could compromise their objectivity though no investigation of this has occurred.
– That council member Chang did not hire, cause to hire or discuss Tichinin hiring a private investigator.
– That Carr and Sellers made no attempt to follow other possibilities, including Tichinin’s other clients who may have land-use issues before the council which often relies upon advice from the city manager.
– That the facts about when Tichinin was released from the client-attorney privilege were misrepresented.
– That, instead of being obstructive to the investigation causing the city substantial cost, Chang urged Tichinin to reveal that it was he who hired the investigator.
– That Chang’s inquiry as to Tewes’ whereabouts during his trip was normal and regular and did not have the nefarious intent suggested in the report.
McPharlin was followed by several residents worrying about a possible affair between city staff, the reports timing, how the investigation was carried out and possible improper relationships between council and Tichinin.
Two former mayors, Laurie Barke and John Sorci, said they had heard rumors of an affair between the city manager and city attorney from several sources besides Chang.
Ken Kamei challenged the allegations because they were not given under oath.
Santa Clara County Superior Court Judge Susan Bernardini, Tichinin’s ex-wife and opponent on the lan- use issue, urged the council to look at his other clients, too.
Chang made no comment except to say she was asked not to attend City Council closed sessions over the past several weeks where her case was being discussed.
Sellers said he prepared the report “with a heavy heart” and acknowledged that Chang and Tichinin are loved and respected by many in the community, including the rest of the council.
