The councilmember who leaked information about a closed door session, in which former city manager Jere Kersnar was forced to resign, will not have to worry about a formal investigation.
The Belmont City Council unanimously agreed to forgo an expensive legal investigation and instead send a stern warning to the person who talked to the press about the firing.
"If this person does it again, I will make the motion. They get one more chance, just one more," Councilwoman Coralin Feierbach said last night.
Although the council hasn't specifically named names, all fingers point to Councilman Dave Bauer. In the first published report, no source was named. However, days later Bauer was quoted in another publication talking about the firing. Under a 2003 amendment to the Brown Act, closed session meetings are confidential and cannot be discussed with the public. Anyone who does so can face an official censure.
Bauer has denied any wrong doing.
If the council decided to pursue a formal investigation it could cost up to $20,000. Lawyers specializing in this kind of investigation would charge between $200 and $400 an hour for about 50 hours of work, said City Attorney Jean Savaree.
Council members also said the decision to discuss the investigation does not tie in with the city's choice to discontinue normal mayoral rotation. In the past, the vice mayor would be the next to hold the top spot. Last year, when Bauer was named vice mayor, the council voted to do away with the rotation rule.
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"I don't feel there is any power struggle, this is not vindictive," said Warden. "It took four votes to discuss this."
Warden and Bauer have been at odds for a year and it doesn't appear the animosity will let up any time soon. Due to the Brown Act, the City Council personal problems can't be discussed in closed session. If they all want to sort out their problems, it will have to be done at a public meeting, Feierbach said.
In other business
· The council agreed to hold a public meeting with residents about moving the Emmett house and transforming it to a two-unit apartment complex. The house is currently at the corner of Ralston Avenue and El Camino Real. The city wants to move it to the corner of Sixth Avenue and O'Neill Street.
Residents are concerned the low-income housing will attract bad tenants. Low-income status includes salaries up to $80,000. As a teacher, Mayor George Metropulos would qualify for the housing, he pointed out last night.
The meeting will likely be held at the beginning of December.
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