In response to grand jury report, council denies allegations of misconduct

A Ventura County grand jury report that finds no evidence of Brown Act or municipal code violations by the Thousand Oaks City Council appears to be accurate but contains some inaccurate or incomplete information, city staff and council members said. The council voted to approve an official response Tuesday night.

City Manager Scott Mitnick presented the staff 's recommended response for a council review and vote at the meeting. Councilmember Claudia Bill-de la Pea was the only one to vote against the official response.

"Overall this response truly is a denial of most everything that occurred in the last year-and-ahalf to two years," Bill-de la Pena said. "I wish we could admit to the mistakes we have made and move on. This report does not do that."

In presenting the response, Mitnick said the grand jury made "inflammatory comments" about past councils. The response accuses the jury of basing conclusions based on speculation and lacking evidence to support claims.

"The organization is in much better shape today," Mitnick said. "The allegations are behind us."

The jury's inquiry included the council's 2005 actions on three issues: the termination of former City Manager Phil Gatch, which some residents charged was coerced; the promotion of Mitnick to the city manager job; and the appointment, rather than a special election, to fill former Councilmember Ed Masry's council seat.

Residents have spoken out at council meetings, both for and against those decisions. As part of its investigation the panel interviewed council members, city staff and residents, and reviewed taped meetings, news articles and documents.

In the response the city insists it acted appropriately, legally and democratically in each situation.

Although the grand jury cleared the council of Brown Act or municipal code violations, it reported harshly on the council's behavior, citing unprofessionalism, adversarial relationships, disrespect and a perception of underhandedness.

"The current city council has taken significant steps to improve how council members interact with each other, staff and members of the public," the report said. "The current city council is working very well together and is providing outstanding and high quality leadership and direction to the overall organization."

Councilmember Jacqui Irwin agreed with the statements, adding that she hadn't seen any acrimony on the part of the council.

"It does refer to past councils," Irwin said.

Resident Nick Quidwai urged residents to read the grand jury report for themselves, available on the city's website at www.toaks.org.

"These are the findings of the grand jury, not some slow growth group," Quidwai said.

Mayor Dennis Gillette complimented Mitnick and City

Attorney Amy Albano for trying to create something positive from the grand jury report.

"You were trying very carefully to walk through a minefield," Gillette said.