MORGAN HILL
– Council members are preparing for a special meeting Wednesday
to consider recommendations on what to do in the wake of a
controversial report that details allegations of a sexual affair
between two city employees, misuse of power by a council woman and
impropriety by a local lawyer.
MORGAN HILL – Council members are preparing for a special meeting Wednesday to consider recommendations on what to do in the wake of a controversial report that details allegations of a sexual affair between two city employees, misuse of power by a council woman and impropriety by a local lawyer.
The report prepared by Councilmen Greg Sellers and Larry Carr, outlines allegations of a sexual affair between the city manager and the city attorney, misuse of power by Councilwoman Hedy Chang, suggestions of impropriety by Bruce Tichinin, the city’s highest-profile private attorney, and surveillance of the city manager by a private investigator.
Chang, the report states, had hired Tichinin to defend her against claims of defamation and harassment made by City Attorney Helene Leichter.
Actions the council may take range from no action to censure and condemnation of Councilwoman Hedy Chang to referring the case to the District Attorney and the State Bar.
Actions on the agenda Wednesday include further discussion of the Sellers/Carr report, hearing any additional facts, considering possible action and whether to continue the investigation that so far has cost an estimated $50,000.
Leichter on Friday referred all questions on the issue to Mayor Dennis Kennedy.
Kennedy on Friday said Leichter did not file formal claims.
“Sometime last fall or winter, she did raise the question, the issue of defamation and harassment with the council,” Kennedy said. “She was expressing her concern that Hedy had been making these accusations of an affair and saying that it was affecting her performance and her ability to do her job, and she asked us to do something about it.”
The first step, Kennedy said, was to attempt mediation.
“We tried to work out an agreement with the help of attorneys, without Helene having filed a formal claim,” he said. “The city had Richard Witmore to represent Helene, and Hedy was represented by Bruce (Tichinin). Attempts at mediation were unsuccessful.
“We continued to try to find ways to resolve the issue, but not much more happened until the city manager was followed (in February). At this point, the damage has been done. Problems had been created for the city manager and for the city attorney.”
In an hour-long meeting July 7, the council heard the report including allegations that Tichinin hired an investigator to track City Manager Ed Tewes in a search for proof that Tewes was having a sexual affair with Leichter.
Tewes and Leichter have firmly denied the allegations of an affair.
Tichinin said what he meant to do with proof of a sexual affair between the two city employees, if found, was to present it to the council to show the city attorney was possibly not acting independently in her opinion related to a project in which he has an interest.
Tichinin and developer Howard Vierra have an application on file for a five-home project at the base of El Toro Mountain. City officials have said the project does not meet General Plan requirements.
No action was taken on the report July 7.
Wednesday’s 7 p.m. meeting in the council chambers at City Hall, 17555 Crest Ave., will be televised on government Channel 17.