Outgoing Modesto council considers disciplining, releasing its city clerk
The current Modesto City Council will have its last chance Monday to consider disciplining or releasing longtime City Clerk Stephanie Lopez over an investigation of her emails, a matter the council initiated almost a year ago.
The investigation identified about a half dozen emails Lopez sent to three people that included public documents and-or comments critical of city officials, primarily then-City Attorney Adam Lindgren. The investigation stated the city clerk sent documents before having them vetted by the city attorney’s office.
But Lopez stated she was sending documents that clearly were public and in response to requests under the California Public Records Act. And her attorney, Mike Dyer, has said the critical comments were an expression of the frustration Lopez felt in being hindered from doing her job.
Monday is a special meeting and comes ahead of Tuesday’s regular meeting of the seven-member council. The three new council members elected Nov. 3 will take the oath of office Tuesday and begin their official duties. The three have not served on the council before.
Dyer said Monday’s meeting violates the city charter, which states the council cannot release any of the city’s four charter officers, including the city clerk, “during or within a period of ninety (90) days next succeeding the election of a member of the council.”
The charter states the 90 days is to allow any “newly elected member of the Council to observe the actions and abilities of these officers in the performance of the powers and duties of the respective offices.” That would indicate the 90 days does not start until the three new council members are sworn in Tuesday, but Dyer said the charter clearly states the 90 days starts with the election of a council member.
When 90 days starts is under review
When the time period starts “is under legal review, as current staff is not aware of a prior time when (this provision) was tested,” Deputy City Manager Caluha Barnes said in an email.
Dyer claims outgoing Councilman Doug Ridenour has led the effort against the city clerk in retaliation against her for an investigation last year that looked into the clerk’s allegations against him and City Manager Joe Lopez, who is not related to the city clerk, and Lindgren.
Ridenour was accused of making lewd gestures and behaving in a threatening, abusive and disrespectful manner toward the city clerk. The city’s investigation did not substantiate the allegations against him and the other two officials but did find Ridenour had referred to the city clerk and two other female employees as the “mayor’s girls.”
This matter has highlighted the bickering, distrust and infighting among current City Council members under Mayor Ted Brandvold’s tenure. Brandvold and Ah You have opposed moving forward with this matter and have questioned whether the city clerk is being treated fairly.
For instance, Lopez has said she did not want last year’s investigation and that it was politically motivated and retaliation against her because she was seen as a whistle-blower for sharing concerns and information with the mayor regarding “questionable expenditures, overspending/extension of contracts, purchasing practices, costly legal services, etc.”
Mayor still in office until February runoff
Ah You and Ridenour are among the three council members who did not run for re-election, and Tuesday is their last meeting as council members.
They were among the eight candidates who ran for mayor in the Nov. 3 election. Brandvold also was one of the candidates as he sought a second term.
Former Modesto City Schools board member Sue Zwahlen and Ridenour finished first and second and advanced to a Feb. 2 runoff election. Brandvold finished fifth and will remain mayor until the runoff winner takes office in February.
Councilwoman Jenny Kenoyer disputed Dyer’s claims that the city clerk continues to be harassed and that Ridenour is seeking retribution.
Kenoyer said this matter has gone on for nearly a year (she blamed the mayor for the delays) and it’s the current council’s responsibility to try to conclude it, adding it’s not fair to dump this on new council members who are not familiar with the issues. And she said no one should prejudge what the council could decide Monday.
Dyer said the mistreatment of his client has gone too far and he will file a lawsuit against the city on her behalf. He recently filed a $1.5 million claim against the city, which is the preliminary step before suing. “This abuse has gone on and on,” he said.
Monday’s agenda includes the council discussing potential litigation against the city. That will be discussed in closed session. But Dyer said he and his client have asked that the discussion about the potential discipline, dismissal or release of Lopez be conducted in public. Employees can have these discussions held in public.
Still, Dyer said he and Lopez will not be at the meeting. Lopez is on medical leave.
The meeting will be held over Zoom, the videoconferencing platform. The meeting starts at 4:30 p.m. More information, including how to attend and participate, is available at www.modestogov.com/749/City-Council-Agendas-Minutes and then by clicking on the link for the meeting.
