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Where is the City's Form 460?

From: domainremoved <Brielle>
Date: Wed, 4 Feb 2015 16:19:59 -0800

Dear Ms. Aguilar,
cc: City Council, Alex McIntyre, William McClure

We understand that the final 460 reports for the Ballot Measure M and the City Council race have been released but missing are Council Member Rich Cline’s and the City’s. It is clear from the documents produced by the City that the City Staff was engaged in a campaign to defeat Measure M and therefore should be completing a 460 filing as did Menlo Deserve’s Better and Greenheart Land Co..

Alex McIntyre, City Manager said in November of 2014 when interviewed by the Palo Alto Daily News that to have allowed consultant Malcolm Smith to perform the work he proposed in the March 3, 2014 Scope of Work, it would have been a full on Campaign and rejected. He also said on November 5 that the work as described in the March 3 Contract between the City and Malcolm Smith as overreaching and unnecessary. And yet, Smith’s proposal was not rejected but instead the work performed from March through August 2014 by Smith meets exactly the March 3 Scope of Work.

One doesn’t have to dig very deep to find invoices submitted from Malcolm Smith to the City that give dates and the amount of time spent for numerous tasks that fit exactly the March 3, 2014 Scope of Work. From March through August 2014, Mr. Smith fulfilled the terms of the March 3 Contract; the City Staff worked with him during those months and the City paid him for the work.

In addition to Mr. Smith’s work to defeat Measure M, members of the City Staff also contributed their time and expertise to members of the opposition group, Menlo Deserves Better. John Boyle, Henry Riggs Katy Ferrick, and Katherine Strehl all received assistance and some gave suggestions to City Staff. Documents produced show emails from these opponents of Measure M and City Staff where Thomas Rogers and/or Jim Cogan assisted each with ideas and advice.

One email in particular between Katherine Strehl and Thomas Rogers shows an egregious misuse of Staff time when Ms. Strehl asked for help to sabotage a decision by the Local Chapter of the Sierra Club that had endorsed Measure M but needed the confirmation of the Club’s Executive Committee. Her email to Thomas Rogers was answered within 90 minutes and she received a full page of information.

All City Council members now have a copy of a binder with the most salient documents. A review of the binder will verify our claims.

The assistance City Staff gave to Menlo Deserves better constitutes an in-kind contribution. The $5,000+ paid to Political Consultant Malcolm Smith was paid with public funds for the purpose of campaigning against Measure M. Both acts call for the City to have formed a P.A.C. and to have filed Form 460.

I would appreciate that the City seek legal advice as to its campaign activities and file the necessary forms so as to comply with standard election rules

Brielle Johnck and Steve Schmidt
Received on Wed Feb 04 2015 - 16:14:47 PST

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