pages: CityCouncil/2018-04-16.pdf, 3
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CityCouncil | 2018-04-16 | 3 | Stated that she is outraged over the lack of transparency; the accused should not vote on the termination of the accuser and should recuse themselves for ethical reasons: Cornelia Grunseth, Alameda. Expressed how upset he is: Eric Grunseth, Alameda. Stated the information has not come out; discussed the legal issues of the Charter, eavesdropping, extortion and whistleblowing; stated taking action involves serious liabilities; urged the issue be resolved: Kenneth Peterson, Alameda. Stated Councilmembers Vella and Oddie voting is a clear conflict of interest and both should recuse themselves: Heinrich Albert, Alameda. Expressed concern about the process, which required an employee evaluation; stated the City Manager taped the meeting to protect herself; suggested calling the City Manager in for evaluation and give her 6 to 12 months to correct her performance; urged the tape and January 30th investigator's report be released: William Norton, Alameda. Stated Jill Keimach's tape recording of the meeting was lawful in every respect and more than justified given the circumstances she was placed in at the time; Penal Code Section 633.5 clearly provides that the recording could be made for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping bribery or any felony involving violence against the person; the person taping the conversation must have had a purpose rooted in the reasonable belief that she was gathering evidence in the commission of a certain crime; Ms. Keimach consulted with the City Attorney; the City Attorney said it was alright; 59 minutes of the meeting pertained to telling Ms. Keimach what to do with her decision, telling Ms. Keimach how to make her decision and trying to interfere in her performance as a City Manager; when she finished the meeting, she went back to the City Attorney, said she tape recorded the meeting and said they did exactly what she feared they would do; the tape recording was no secret; it was not discovered during the independent investigation; it was known; this is not about the recording; it is about the pervasive misconduct by two sitting Councilmembers to exert improper and unlawful influence on behalf of their union supporters over the hiring decision of a City Manager; the Council should be investigating that misconduct; the tape recording was not illegal and is a red herring; consider not the fact of the recording, but what is on the recording: Therese Cannata, Attorney for Jill Keimach. Stated any decision to terminate Ms. Keimach would violate Labor Code Section 1102.5, which is the whistleblower retaliation statute; it prevents an employer from retaliating against an employee who discloses information about a violation of local, State or Federal law; Ms. Keimach reported to the City, back in October, that in violation of City Charter Section 7-3, Councilmembers Oddie and Vella had attempted to direct her selection of a new Fire Chief and had essentially directed her to hire the preferred candidate of the Firefighter's Union; the Firefighter's Union had been a major contributor Special Meeting Alameda City Council April 16, 2018 3 | CityCouncil/2018-04-16.pdf |