An impartial investigation into the conduct of Cupertino Metropolis councilmembers revealed “abusive and controlling conduct” from former Mayor Darcy Paul and a tradition of mistrust in metropolis employees from two present councilmembers has considerably interfered with metropolis operations.
Town commissioned the investigation following the discharge of a Santa Clara County Civil Grand Jury report final December titled, “A Home Divided,” which seemed into complaints a few potential adversarial relationship between the council and metropolis officers. The civil grand jury discovered mistrust from councilmembers has led to an exodus of employees with 60% of senior administration leaving since January 2022, and issue recruiting and hiring. Town has additionally had 4 completely different metropolis managers since 2019.
In February, the council requested the legal professional’s workplace to analyze the claims to find out whether or not there have been any violations of the municipal code.
Town employed Santa Rosa-based employment legal professional Linda Daube to conduct the investigation, which included the assessment of greater than 1,500 emails and interviews with 16 former and present government and administration employees. Mayor Hung Wei and Councilmembers Liang Chao and Kitty Moore additionally have been interviewed. Paul was requested to take part however couldn’t because of scheduling conflicts.
Within the fact-finding report, which the council voted 3 to 1 final week to publicly launch — Chao voted no and Moore recused herself — Daube stated that Chao and Moore despatched “voluminous electronic mail requests for added and duplicative info” about employees suggestions on council actions. In interviews with Daube, each councilmembers acknowledged they've belief points with town employees.
In response to 4 interviewees, the tone of the councilmembers’ emails have been “threatening, accusatory, and considerably coercive, main employees to consider in the event that they don’t appropriately reply, they are going to proceed to be ‘badgered.'”
Different present and former employees blamed the council’s dysfunction on Moore and Chao, who they described as “not understanding their roles in finishing up their council duties.”
Emails reviewed by the investigator discovered that Moore repeatedly failed to point out up for one on one conferences with town supervisor and opted to ship “voluminous emails” as an alternative. She advised Daube that she believes her function as a councilmember is to double-check employees’s work.
Equally, the investigator discovered that Chao additionally conducts her personal impartial analysis and that she has incessantly believed that “employees has made errors of their evaluation and has relied upon incorrect info.”
Present and former employees stated they felt “devalued, demeaned and annoyed” by the 2 councilmembers and perceived their requests for info as “‘delicate makes an attempt’ to affect employees priorities and suggestions.”
Each Moore and Chao advised the Mercury Information that they might proceed to ask questions regardless of the report’s findings.
“I can’t management how folks with a political agenda interpret my emails,” Moore stated. “Nonetheless, what I can say is that the only cause I put this stuff in writing is to make sure readability, respect and accountability.”
In an electronic mail, Chao criticized the investigation, saying that the “political energy brokers have tried to affect town council and employees via nameless undisclosed interviews.”
“The expectation that council members are right here solely to rubber stamp is exactly what's mistaken with the federal government, and that's exactly why I stepped as much as serve on Cupertino Metropolis Council,” she stated. “As an immigrant who has seen the suppression of democracy first-hand, I'll all the time serve to the very best of my skills, as a result of democracy is a privilege that I've sworn an oath as an elected official to face for and defend.”
The investigation additionally discovered “abusive and controlling conduct” from Paul and former planning commissioner Ray Wang, who was faraway from his function in March following accusations of harassment.
Daube stated that “emails communications mirror that Paul berated employees, dictated procedures, directed hiring and firing choices, and intermittently made feedback in entrance of employees, equivalent to ‘bear in mind who you're employed for.'” Cupertino has a council-manager type of governance the place town supervisor — not the mayor — is in control of hiring and firing choices.
Paul’s conduct considerably contributed to making a dysfunctional work setting, in response to most of the employees members interviewed.
The previous mayor advised the Mercury Information in an electronic mail that he's “proud” of his eight years in workplace and the way he carried out himself.
“To me, the larger difficulty is that Cupertino is staring into the abyss of a fiscal disaster,” he stated. “It will make far more sense to me for the Cupertino Metropolis Council to spend its time, power and sources on the way it will protect the wants of the residents and the standard of life now that tough choices are looming, fairly than what appears to be an extension of an train in political gamesmanship.”
Councilmember J.R. Fruen, who was elected in November, stated he needs “to suppose that folks can change and do higher” primarily based on the findings of the report. Nonetheless, since Paul is now not on the council, he stated it might be tougher to return to a resolve.
“There isn't any change he could make in his conduct,” he stated. “We’re coping with accomplished actions previously, particularly the problem of directing the hiring and firing of employees, which is one thing that's not acceptable. How will we guarantee there's an acceptable consequence there so we don’t see a recurrence of that exercise?”
The council is ready to debate the investigative report and its suggestions Tuesday night and whether or not it'll take additional motion, equivalent to procedural modifications, censure or referral of violations to the district legal professional for additional investigation.