Sunnyvale: Grand Jury claimed city council violated state open meeting law

The Sunnyvale City Council violated the Brown Act, California’s open government policy, when it appointed an interim council member in 2009 without providing proper notice to the public, according to a report from the Santa Clara County civil grand jury.

The report, released Friday, says the council process lacked transparency when it appointed Dean Chu to temporarily fill the council seat of Otto Lee, who was recalled to active military duty from February 2009 to February 2010.

The report states the council filled the vacancy with a pre-determined replacement rather than opening up the position to multiple candidates. The report was conducted after the grand jury received a complaint.

“I think we were very open and thorough about putting someone in that seat,” Mayor Melinda Hamilton said. “In almost any other situation, the protocols would have been spelled out in the charter. But they weren’t for this instance, so we chose a [selection] method that has been used in other jurisdictions in the same situation.”

The city also provided Lee a benefits package larger than other city employees and did not properly investigate the fiscal impact of Chu’s interim appointment, the report says.

According to the report, Lee opted to retain military pay in lieu of his council stipend but was allowed to continue collecting about $18,000 in medical benefits from the city. The city did not give this option to other military employees, the report says.