An investigation into allegations of vote trading and potential Brown Act violations regarding the San Mateo mayoral seat found no evidence of criminal activity or violations but highlighted behind-the-scenes details during December’s messy City Council transition.
The San Mateo County District Attorney’s Office announced Thursday the investigation concluded there was no evidence of an illegal attempt to corrupt the voting process over the nomination and selection of the San Mateo mayor and deputy mayor during some December City Council meetings.
“There was no criminal activity found in our investigation,” said District Attorney Steve Wagstaffe, who now considers the case closed.
The monthslong investigation was launched after public allegations from San Mateo Mayor Amourence Lee that she had received vote trading proposals to become mayor in exchange for supporting a certain candidate for an open fifth seat on the council, with the April 6 public report providing the names of the people she gave to the DA’s Office. In the report, Lee named as involved in the issue former San Mateo Mayor Joe Goethals, who left the council in 2022; Nicole Fernandez, the former chair of the San Mateo County Democratic Party and current district director to state Sen. Josh Becker, D-San Mateo; and David Burruto, also the former chair of the county’s Democratic Party, and the current district director for Assemblymember Diane Papan, D-San Mateo.
The open fifth seat was caused by Papan’s election to the state Assembly. Typically, the council will vote to name the new member, with the mayor allowed a tie-breaker vote if there is a deadlock. There were three new councilmembers elected in November. Papan was deputy mayor and next in line to be mayor, leaving Lee as the only remaining councilmember from before the election. San Mateo, like most other Peninsula cities, rotates the mayor seat every year among its councilmembers. Because there was not a majority vote for a new mayor, the council found itself at an impasse.
Lee told investigators that after the impasse at the Dec. 5 meeting when no mayor was appointed, Goethals called her on Dec. 7 to discuss what happened. Lee said Goethals allegedly told her, “Cliff Robbins is really the only viable candidate. You could do a lot worse. He is tested. He can do the job. He is well suited to it. He really is the best choice.” Lee said Goethals also told her, “You want to be mayor, and we don’t want to spiral into chaos. If we can get this done, everyone can get what they want if you like Cliff. We can get it done before the 12th. If you like Cliff, everyone can get what they want.”
According to the report, Lee said Goethals told Lee the message was from Burruto. In his interview, Goethals denied saying she could be mayor before the 12th or telling Lee that Burruto asked him to call and urge her in any particular direction and said his conversation was about all of the candidates who had applied, including Robbins. In his interview, Burruto said he believed Robbins was the best candidate and told Goethals that he could discuss that with Lee if Goethals agreed. In the report, Lee said she did not talk with Burruto and did not know if Burruto was “talking to their boss or their boss was talking” with any other councilmembers.
The report said a few hours after Goethals called, Fernandez called Lee and said she supported Robbins because of his judgment, qualifications and a good middle-ground option who could work effectively on the council.
In a text message to Lee on Dec. 10, Fernandez allegedly texted, “… letting you know that I’ve confirmed with Cliff that he will vote for you for mayor and will not vote in favor of removing the 3 planning commissioners, if chosen.”
Robbins was interviewed and denied ever speaking with Fernandez about what he would or would not do regarding planning commissioners, according to the report. He reiterated that he did not participate in any attempt to exchange or barter votes in exchange for supporting his candidacy and did not ask anyone to do so on his behalf, according to the report. Robbins said he knew all the people involved and spoke to them about application advice.
"I believe the DA's report speaks for itself," Robbins said in an email statement after initial publication. "I'm very pleased to see that after a thorough investigation the District Attorney has confirmed, what I have known and stated from the beginning, that neither I nor anyone on my behalf engaged in any inappropriate conduct."
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Goethals, Burruto and Robbins interviewed and cooperated with the investigation, while Fernandez declined to provide a statement. Burruto was represented legally by Gina Papan, a Millbrae councilmember, attorney and the sister of Diane Papan. Goethals declined to comment for the story, as did Fernandez. Burruto did not return requests for comment.
The investigation concluded there was no evidence of explicit statements made by an officeholder, or someone in consideration for office, which promised a certain vote in exchange for a perceived benefit.
“While this review revealed inconsistent statements regarding what was said by the involved parties related to the impasse on the council, they all involved discussion of potential political outcomes should one course or another be taken, and we do not find that to be a violation of any criminal statute,” according to the report.
Lee said the result of the investigation gave her comfort and assurance the council could move forward to focus on the needs of San Mateo residents.
“My concerns were raised to the public, and I provided my honest and full account as a cooperating witness to the DA,” Lee said. “I’m happy with the conclusion that those who approached me did not appear to act in coordination with my colleagues.”
At the Dec. 7 council meeting regarding the mayoral decision, Lee first alleged she had received two proposals that if she selected a certain candidate to fill the vacancy on the council, she could then become mayor. At the Dec. 12 meeting, Lee alleged multiple attempts to persuade her to vote trade for a candidate in exchange for becoming mayor, with the candidate being Sustainability and Infrastructure Committee member Robbins. Following an impasse lasting more than a week, the vacant council seat eventually went to Councilmember Rich Hedges, with the council voting Lee in as mayor.
Given the seriousness of the allegations, San Mateo City Attorney Prasanna Rasiah asked the DA’s Office in a Dec. 13 letter to investigate claims by Lee, resulting in an investigation that has gone on for several months.
Wagstaffe said he had never seen a case like this before as a district attorney, given all the scenarios involved. People who want access to the full report can contact the DA’s Office for more information.
(650) 344-5200 ext. 102
The online version has been updated to include an email statement from Robbins provided after deadline.
(8) comments
The DA report seems to confirm that Mayor Lee was truthful in her statement at the councilmember selection meeting, and behaved appropriately to avoid a breach of ethics. If Cliff was not directly involved -- and the DA found no evidence he was (hence no criminal charges) -- that's not on Lee, as this was secondhand for her, as she very clearly stated in the council meeting. I hope that those who have accused Mayor Lee of fabricating this allegation now note that the DA has statements on record from multiple parties who did imply potential vote trading to Lee, and that Lee was truthful in speaking up.
It might not have risen to the level of criminal, but there were definitely dirty dealings going on. Otherwise, the 2 brand new council members would have followed the guidelines and elected the mayor prior to deciding on the 5th council member. Only because Lee refused to yield and the people turned out in large numbers to protest did San Mateo avoid having the final council member appointed at the whim of the 2 newest council members.
Or maybe the new Council was aware of Lee’s dirty tricks to get her way (the December stunt was not her first in dirty dealings) so was trying as hard as they could to keep the vote fair with all Councilmember voices heard. Just a thought. Recallamolee.com
I don’t think many folks were surprised by this outcome. Now that we know these shenanigans weren’t criminal, this time, let’s get ready for more of the same type of shenanigans during our next set of elections. Meanwhile, if questioned, you can refuse to provide a statement or if needed, retain legal representation. Personally, I’d like to see the Days of Our San Mateo Lives soap opera continue. What’s next, a civil suit?
i might challenge the watercooler tank making fc the object of conversation i think it might bring a lot of what is happening in FC now/ this council voting a proclamation to remove the planning commissioner i received around 5 certitficated thankingme for serving on the education committee so now a proclamation to remove where does this idea come from i believe frooman mentioned a proclamation how proud that makes me there will be no legacy by this group nor for the hate mongoring of gehani deserves a medal for hate.
Are you kidding me? “My concerns were raised…I’m happy with the conclusion…” Lee smeared the name of the strongest candidate for City Council to manipulate the election of her personal choice for the 5th Council seat. Her recall cannot come soon enough. This shows she is not to be trusted and definitely has no respect for those she serves in addition to her fellow Council members and City staff. Recallamolee.com
San Mateo politics are the laughing stock of Northern California. Do we now have to revisit the origin of the aledged 'rock' being thrown through the window? [crying]
re rock; any arrest in the rock case? refresh me.
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