Santa Clara County Grand Jury
• 2022-2023
• Agency Response
Response to:
If You Only Read the Ballot, You’re Being Duped
City of Santa Clara*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Note: Missing finding numbers detected: F3
Findings and Recommendations 5 findings
F2
Page 8
There is concern that the City Council Voting Bloc is getting real-time influence from 49ers lobbyists during City Council meetings. Response: The Council/Board disagrees, wholly, with
Related Recommendations (1)
R2
Page 8
The City should require councilmembers to be visible at all meetings either in person or on camera. Response: The Council/Board will not implement
F4
Page 12
FIFA and the 49ers have announced that 2026 FIFA World Cup matches will be held at the Stadium. The former City Manager raised concerns about the lack of information and potential risks the event could pose to the City/Stadium Authority. Response: The Council/Board disagrees, in part, with
Related Recommendations (3)
R4a
Page 13
The City/Stadium Authority should request that the 49ers provide a report on the status of the commitments made to the FIFA event. This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
R4b
Page 13
Recommendation 4b: The City/Stadium Authority should evaluate if the FIFA event poses risks to the City/Stadium Authority, including specifically the risks outlined by the former City Manager regarding security costs and the nature of declarations required of the host city. Response: The Council/Board will implement
R4c
Page 13
The City and Stadium Authority should take no further action regarding FIFA until the information in 4a and 4b is made public. Response: The Council/Board will not implement
F5
Page 14
The City/Stadium Authority has a protocol for initiating and completing operational tours of Levi's Stadium. Several councilmembers have not used this protocol and have conducted operational tours on game days, which has raised concerns about whether these councilmembers have accepted gifts in violation of the Political Reform Act and City policy. These actions have also created the appearance of a lack of transparency, which has fostered distrust between City councilmembers, toward the City staff, and most importantly, with the residents of the City. Response: The Council/Board disagrees, wholly, with
Related Recommendations (3)
R5a
Page 15
The City/Stadium Authority should adopt a policy and outline procedures for elected and appointed officials to conduct operational tours of the Stadium. This document should be published on the City's website to properly inform the public. This recommendation should be implemented by February 1, 2023. Response: The Council/Board will implement
R5b
Page 15
The consequence for not adhering to the proper protocols for operational tours should result in an evaluation whether the City of Santa Clara Council Policy Manual, Admonition and Censure Policy should be invoked. Response: The Council/Board will not implement
R5c
Page 15
The City should hire an independent consultant to evaluate and publicly report on whether councilmembers have violated City Policy No. 050, "Gifts to Appointed and Elected Officials." This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
F6
Page 16
The relationships between the City, Stadium Authority, StadCo, and ManCo are creating ethical dilemmas and governance challenges. The governing body for the City now consists of the City Council Voting Bloc, which (1) has received significant campaign contributions from 49ers lobbyists, (2) meets regularly with 49ers lobbyists behind closed doors, and (3) has engaged in actions that suggest loyalty to the 49ers above the City. Response: The Council/Board disagrees, wholly, with
Related Recommendations (2)
R6a
Page 16
The City should hire a qualified legal and ethical consultant to evaluate the challenges presented by the unique relationship between the City and 49ers and prepare a public report on the
R6b
Page 17
The consultant should be tasked with looking at the unique challenges presented by the likely chance that the 49ers lobbyists will continue to influence elected officials and City governance. The consultant should specifically be tasked with evaluating the benefits of mechanisms like an oversight body or commission, auditors, and changes to the ordinance code and other governing documents that better ensure accountability and transparency in the relationship with the 49ers. Response: The Council/Board will not implement
F7
Page 17
Although the City consulted with Markkula Center for Applied Ethics and boasts of having model ethics rules, those rules were developed before the complexities created by the passage of Measure J. The City's current policies, like the Admonition and Censure Policy, do not work where the challenges are presented by a minority of the City Council membership. Response: The Council/Board disagrees, in part, with
Related Recommendations (3)
R7a
Page 18
The City should add to the City Code of Ethics & Values and the Admonition and Censure Policy a procedure to enable the public to file a complaint and testify at a public hearing to help remediate ethics violations. This should include a procedure for public admonishment, revocation of special privileges, or censure. This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
R7b
Page 19
The City should establish an independent Public Ethics Commission, with guidance from the Markkula Center for Applied Ethics, to help ensure that all public officials conduct government decision-making processes in an ethical, transparent and unbiased manner without favor. This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
R7c
Page 19
The City should require councilmembers to attend additional training in good governance provided by a third party such as the Markkula Center for Applied Ethics no later than February 1, 2023, and once a year thereafter. The training should include the Brown Act with emphasis on issues such as serial meetings, closed sessions, the fiduciary duty of government officials, filing Form 700s, and other issues related to good governance. Response: The Council/Board will not implement
Additional Recommendations 6
These recommendations are not explicitly linked to specific findings.
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R1aPage 5Prior to voting on any 49ers-related matters and to prevent violations of the Brown Act, the City councilmembers should publicly disclose on the record if they have met with a 49ers lobbyist regarding a topic on the meeting agenda, the name of the lobbyist(s), the date of the meeting, all individuals present, and any information provided by the lobbyist(s). This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
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R1cPage 7To restore public trust, the City should require that meetings with 49ers lobbyists be recorded so the public can be assured that these closed-door, frequent, and proximal meetings to the City Council meetings do not violate the Brown Act. This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
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R1dPage 7The City should establish an open governance commission to evaluate the City's current open government practices and make recommendations for improvement. This recommendation should be implemented by February 1, 2023. Response: The Council/Board will not implement
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R3aPage 11The City/Stadium Authority should hire a certified public accounting firm to conduct a comprehensive audit of Stadium Authority finances and the financial documents submitted by ManCo, to begin no later than February 1, 2023 and annually thereafter. Response: The Council/Board will not implement
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R3bPage 12Recommendation 3c: The City/Stadium Authority should allocate staff to oversee Stadium operations. This should include finances, management policy development, and regular website updates of the City's financial reporting documents. This will facilitate a better awareness of ManCo's day-to-day operations. This recommendation should be implemented by February 1, 2023. Response: The Board has implemented
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R3cPage 12Thus, the Council/Board will not implement
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.