MORGAN HILL
– City Council members Wednesday night unanimously approved a
resolution condemning Morgan Hill attorney and developer Bruce
Tichinin and calling for his immediate resignation from the Morgan
Hill Urban Limit Line Subcommittee.
MORGAN HILL – City Council members Wednesday night unanimously approved a resolution condemning Morgan Hill attorney and developer Bruce Tichinin and calling for his immediate resignation from the Morgan Hill Urban Limit Line Subcommittee.
Council members expressed hope that a recent scandal involving two high-ranking city employees, a city councilwoman and a local attorney could be put behind them.
A special meeting before the regular city council meeting was held to discuss the scandal that erupted earlier this month, when it was learned that Tichinin hired a private investigator to follow the city manager and city attorney effort to prove the two were having an affair.
A report, prepared by Councilmen Greg Sellers and Larry Carr, was released last week. It outlined the allegations of a sexual affair between City Manager Ed Tewes and City Attorney Helene Leichter.
When the council emerged from closed session 50 minutes late, four television news cameras were trained on the dais as Tewes and Leichter solemnly walked to their seats with Kennedy, Carr and Sellers.
Councilwoman Hedy Chang, who apologized Wednesday night for her part in the controversy, did not come out with the others, but followed several minutes later. A yellow rose had been placed by her nameplate.
Tichinin admitted he lied to Sellers when asked about the hiring of an investigator to look into rumors of any affair between Tewes and Leichter. Both have denied any affair took place.
”I am ashamed I did not tell my long-time friend the truth,” Tichinin said. ”I apologize to you all for it. I am glad that I corrected it quickly, only six days after I made it and before any harm was done. … There is no statement anywhere that any harm was suffered by anyone, that any harm was done.”
His reason for lying to Sellers, he said, was fear of retaliation.
”You had seven weeks to prepare your report and I am sure you did your best; I was caught flat-footed and trapped,” he said. ”I feared giving no answer would compromise the confidentiality of the investigation and the confidentiality of the client on whose behalf I began the investigation. I also feared if I told the truth, the city would retaliate against me and my client.”
Tichinin has stated that he undertook the investigation of the alleged affair at the behest of an anonymous client, not at the behest of Councilwoman Hedy Chang, who also is also his client. The report states Chang hired Tichinin to defend her against claims of defamation and harassment made by Leichter. He said he was going to present proof of an affair to show Leichter was not acting independently in her opinion related to a project in which he has a financial interest.
Tichinin said Thursday he has no intention of resigning from the ULL committee. He said the council has not released to him or the public any of the massive documentation of its investigation of his investigation despite a public records act request made more than two weeks ago. He said his next step would be to consult with his attorneys.
No action was recommended in case Tichinin does not resign.
Chang said she did know of Tichinin’s plan to put Tewes under surveillance, and that she had tried to talk him out of it but was unsuccessful. She also said the reason she did not come forward with the information to council was that she believed attorney/client privilege would not allow it.
”I wanted to sincerely apologize to the people for this event,” she said. ”I did know about it but I didn’t cause it. I’m hoping after this all of us could still work together and put this behind us and still be able to take care of the city’s business.”
Each of the council members also took the opportunity to comment on the report, as well as the circumstances, which some have called ”scandalous,” surrounding a surveillance of Tewes by an unlicensed private investigator.
”Over the past week, I have received many e-mails, phone calls, in person questions and comments on this subject, and I want to bring out several important points,” Mayor Dennis Kennedy said as the meeting eventually got under way. ”We as a council elected to conduct this investigation using city funds. … The City Council hires two city employees directly, the city manager and city attorney, and it is our responsibility to insure that they are provided with a safe and healthy work environment, free from harassment of any kind.”
When Tewes told the council that he was under surveillance during a trip to Huntington Beach in February, Kennedy said the council had to act.
Both Sellers and Carr spoke emotionally about the controversy, both also refusing to step down as Tichinin had earlier called on them to do, saying it was as if the prosecutor, judge and jury were one in this case.
