City Council has three employees: the city clerk, the city
attorney and the city administrator.
City Council has three employees: the city clerk, the city attorney and the city administrator.
That’s an important concept to grasp: The city administrator works for City Council – not the other way around.
The recent hidden retirements, hidden by Gilroy City Administrator Jay Baksa from his supervisors the City Council, and the lack thus far of outrage from our elected leaders, are a clear sign that something’s out of whack, and perhaps has been out of whack for quite some time.
Two department heads, Gilroy Police Chief Gregg Giusiana and Assistant Chief Lanny Brown, retired as city employees and were rehired as hourly employees in the same jobs. Mr. Baksa’s failure to notify City Council could well be a violation of the City Charter. It most certainly is a violation of trust.
The Council will take up matters revolving around this serious breech of trust in a yet-to-be determined special session. Meanwhile, behind closed doors the Council has reviewed the performance of Mr. Baksa and City Attorney Linda Callon, who after the story broke advised the city to keep the two employment contracts secret. No reportable action was taken.
After the closed session, Councilman Dion Bracco said, stunningly: “We pay a lot of money for our city administrator and our attorneys. We’ve got to put our trust in them, that they’re doing what’s in the best interest of the city. That’s what it comes down to. Do we have confidence in the people working for us? Personally, I do.”
Clearly, the lines of authority are tangled at City Hall. City Council members work for the residents of Gilroy, not for Mr. Baksa or Ms. Callon. Councilmembers are obliged to put residents’ best interests first.
Is it in the best interests of the residents to have secret retirements and secret employment contracts?
Is it in the best interests of Gilroyans for their elected representatives not to be told about the retirements of the two top law enforcement officials in the city of Gilroy?
The responsibility incumbent upon our elected officials is one of public trust, not blind trust as Councilman Bracco suggests.
So far this has been a case study in government for the powerful and by the powerful, not government for and by the people.
The Council has an opportunity to remedy that, but only if the special session provokes honest debate, prompts reform and concludes with a pledge to ensure open city government with full disclosure so that the public can judge the actions of their officials by the light of day with reason and knowledge.
