In the wake of two secret retirement deals, the Gilroy City
Council has reviewed the performance of City Administrator Jay
Baka, who arranged the deals for the police chief and his
assistant, and Berliner Cohen the legal firm hired by the city
which initially advised Council members that the post-retirement
employment contracts were to be withheld from viewing by Gilroy
residents.
In the wake of two secret retirement deals, the Gilroy City Council has reviewed the performance of City Administrator Jay Baka, who arranged the deals for the police chief and his assistant, and Berliner Cohen the legal firm hired by the city which initially advised Council members that the post-retirement employment contracts were to be withheld from viewing by Gilroy residents.
The two-hour session behind closed doors concluded Tuesday night with a tight-lipped City Council saying little.
Circling the wagons after such a scandal is a natural reaction for most. After all, cronyism is an embarrassing and messy business, especially when more than $500,000 of public funds is involved. But if there’s an unwritten “gag order” on public discussion related to the important issues raised by these secret retirements, then that will represent a grave disservice to this community.
Far more long-term damage is done with feigned silence than honest debate, even if that debate isn’t “pleasant.”
Certainly at least one Council member will exhibit the good sense and courage necessary to address the issues.
Of course, it’s far easier to gloss over such questions as:
n Should the City of Gilroy have a policy not to hire retirees in top jobs, or should a city policy cap pay for hired retirees at 60 percent of their retirement pay?
n Should the City Council draft a policy letter to state Assemblywoman Anna Caballero urging reform of the state retirement system?
n Should the city administrator move up the timeline for replacing lame duck Police Chief Gregg Giusiana?
n In choosing not to inform the City Council that the two top law enforcement officials in Gilroy retired, did the city administrator violate the law laid down in Section 703 of the city charter? What do they believe? Does the charter need to be clarified?
The Council has done half its job by addressing personnel issues behind closed doors. Now, it’s incumbent upon them to address the policy issues publicly.
Hopefully, they will not take the easy way out. Hopefully, there will be discussion and resolution. It is, in fact, a matter of public trust.