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 adulterous 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 Mayor Dennis Kennedy, Carr and Sellers. The council had been discussing personnel aspects of the matter behind closed doors for nearly two hours.
Councilwoman Hedy Chang apologized Wednesday night for her part in the controversy, but said she knew nothing of Tichinin hiring an investigator.
Tichinin has stated he undertook the investigation of the alleged affair at the request of a undisclosed client, not at the request of Councilwoman Chang, who also 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.
However, 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 request made more than two weeks ago and his next step would be to consult with his attorneys.
“Apparently, the council is still holding over my head the District Attorney,” he said. “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.”
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 council members also took the opportunity to comment on the report and the $50,000 the city spent on its own investigation into Tichinin’s actions.
“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,” 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.”
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.”
Tchinin contributed money to Carr’s election campaign.
