D.A. finds no evidence of Brown Act violations regarding Gatch resignation

By Sophia Fischersfischer@theacorn.com

There’s no evidence of criminal misconduct in the circumstances surrounding the departure of former Thousand Oaks City Manager Phil Gatch, according to the Ventura County District Attorney’s office, which released a statement last week.

In April, the Thousand Oaks City Council asked the D.A.’s office to investigate events leading up to Gatch’s resignation. Although the D.A.’s office didn’t find any violations of the Brown Act—the state law that requires government business to be conducted publicly—the D.A. made other observations in the twopage letter to City Attorney Amy Albano.

Although Albano sent the request for an investigation on behalf of the city council, the D.A.’s letter pointed out that Albano said she had no evidence of violations to provide to investigators. After interviewing council members and residents, the D.A. didn’t find evidence worthy of legal action, but did find “an abundance of mutual distrust plus many nonspecific suspicions and accusations.”

Allegations that the city municipal code may have been violated couldn’t be investigated because that would have exceeded the parameters that had been set.

Mayor Claudia Bill-de la Peña said she wasn’t surprised by the D.A.’s conclusions because Brown Act violations are difficult to prove. However, when she suggested an investigation by an outside counsel into violations of city code she was voted down by Councilmembers Andy Fox, Jacqui Irwin and Dennis Gillette.

“Cities, including Thousand Oaks, have their own code of ethics, which can be stricter and easier to investigate. But they’re only as strong as the council or city attorney’s office who enforces them,” Bill-de la Peña said.

Gatch, who had worked 38 years for the city, resigned in March. According to several city residents, Fox pressured Gatch to resign. The issue sharply divided the community, council members and staff.

On one side were those who felt Gatch didn’t deserve to be ousted, while others argued that the council has the right to choose who they want as city manager.

Immediately after Gatch officially vacated his office, Assistant City Manager Scott Mitnick was named interim city manager.

Two weeks ago, Albano announced that the city would delay its search for a permanent city manager for as long as nine months to give Mitnick a chance to prove himself.

“We have an opportunity here to watch how the current arrangement evolves,” Gillette said. Mitnick has strong qualifications for the job, including expertise in municipal finance, according to Gillette. “He has great support by city employees and department managers, and that’s a healthy sign,” Gillette said.

Unity is something that’s been scarce on the council in recent months, but Gillette hopes that now that the D.A.’s investigation is complete, the council can overcome its differences.

“I hope we can move on to the work at hand,” Gillette said. “I see an attitude of optimism at city hall.”

Echoing the D.A.’s supplemental findings, Bill-de la Peña doesn’t think it will be easy.

“The controversy surrounding the departure of Phil Gatch will forever be a stain on the city’s history,” Bill-de la Peña said.