Yesterday, in a special meeting, the Milpitas City Council voted 2-1 for Councilmember Evelyn Chua to apologize for allegedly violating City codes and procedures in improperly attempting to schedule a closed session meeting.

The meeting went on for nearly three hours, roughly the same time it took for Council to initially discuss the item at this past Tuesday’s council meeting. 

Earlier this week, Councilmember Hon Lien had filed for a censure process to be initiated against Chua, but yesterday, she withdrew the censure so that Council could work through the issue at the special meeting. 

Back in August, Councilmember Chua reached out to the City’s Office Specialist to schedule a closed session meeting so that Council could interview a City Attorney candidate. Chua instructed the staff member to start organizing the meeting without including key City staff members, which would have bypassed the usual procedures for organizing a closed session meeting under The Brown Act. 

The City Manager and City Attorney were made aware of the issue, and the meeting was then properly scheduled and noticed. The matter was then brought to the attention of the District Attorney’s office in an effort to see if State law had been violated; however, the DA stated that there was no violation, writing in a letter that “the system worked as it should, and the city manager was able to avert the violation.” 

Although the matter was resolved and a Brown Act violation did not occur, Interim City Manager Deanna Santana submitted her resignation on August 29, writing in a letter to Council that she experienced some “tense” exchanges with Chua and could no longer fulfill her responsibilities. 

At the special meeting, Councilmember Chua stated that since the Office Specialist is part of the City Manager’s office and reports directly to the City Manager, she thought it would be sufficient to schedule the meeting that way. Chua mentioned that she had worked to schedule other meetings similarly, and had never had an issue in the past. 

Chua also mentioned that she was blindsided by the initial report on her alleged violations of city codes and ordinances being published…

“My reputation has been prematurely tainted,” said Chua at the special meeting. “It has been damaged because of that, without my input.” 

Councilmember Chua also spoke of the need for improving the process and procedures in cases like these. She also questioned why the District Attorney was brought into the process after a Brown Act violation had been averted and the correct processes had been ultimately followed. 

Vice Mayor Garry Barbadillo also expressed that he felt there was a deficiency in investigating the matter, and that it should have been “done more responsibly and based on neutral facts.” 

This feeling is what had brought the Vice Mayor to recommend performance reviews of the City Attorney and City Manager during Tuesday’s regular meeting. 

But at the special meeting, Councilmember William Lam made a motion to take any such performance reviews off the table. The motion passed 3-2, with Chua and Barbadillo voting against it. 

Councilmember Lam also delivered an eloquent statement at the beginning of the meeting, stating that what happened was an opportunity for growth and a chance to remember why clear processes and mutual respect are essential. He said that he had spent many hours the night before reviewing all the information on the issue. Lam felt that Chua should apologize and that the City should give the councilmembers training on policy, so that everyone can be aware of the proper protocols to follow going forward. 

“I believe Councilmember Chua is dedicated to this City and upholding the value of good governance,” said Councilmember Lam in his statement. “Her apology would not be a sign of weakness but rather a demonstration of leadership, integrity, accountability, and respect for the role we play.”  

Ultimately, Council voted 2-1 for Chua to deliver an apology and for the Council to receive training. Lam and Mayor Carmen Montano voted in favor, with Councilmember Lien opposed. Both Councilmember Chua and Vice Mayor Barbadillo abstained.