By Lisa Gauthier

I submit this as an individual councilmember of East Palo Alto, California, and not on behalf of the council. After reading an article titled “Celebrate Ethical Conduct” in the March 2015 issue of ICMA’s Public Management magazine (Ethics Matter! department) highlighting Cal-ICMA’s Ethical Hero award honoring a former city manager of East Palo Alto, I feel compelled to address some of the implications raised by the article.

The article implies that the city council of East Palo Alto did something illegal or unethical by not renewing the former manager’s contract. This tacit assertion is wrong and irresponsible, and it is uncharacteristic of ICMA’s professional standards.

The term of the manager’s contract simply expired. Neither the city council nor the manager was obligated to renew the contract. Both the council and the manager had fulfilled their obligations under the contract.

Furthermore, it is not uncommon for a contract to expire when either one or both parties decide that they have no interest in continuing their contractual relationship. No justification or explanation is required and not providing any justification or explanation is not unethical, improper, or illegal.

The city council did welcome and listened to the manager’s professional advice; however, the role of the council is to make policy decisions and the council is not compelled to accept staff’s policy recommendations. Regardless of the council’s opinion of the manager’s professional advice, members of our community expressed concern to the council about her advice, especially in the areas of the enforcement of the city’s rent stabilization and just cause for eviction ordinance and tenant protection ordinance.

The city has been fiercely challenged and has successfully defended its rent stabilization and just cause for eviction ordinance multiple times in the courts. The council is committed to defending the implementation of this ordinance in order to protect residents’ rights, especially in light of the intense housing crisis that exists in Silicon Valley, and there is nothing unethical or illegal about the council listening to the concerns of our residents.

Though I have been critical of the article, I in no way wish to leave an impression that I am not supportive of the Cal-ICMA’s ethics award. I believe such an award is important as it recognizes that ethics and integrity are the cornerstones of professional local government management. And when these attributes are violated, it damages the public’s sense of trust for all local government professionals. The city of Bell, California’s scandal is a good example.

In contrast, what occurred in East Palo Alto was not unethical or illegal. In our case, there were honest differences between the city manager and the city council on matters of policy, which are undeniably in the purview of the council.

I wish to thank you in advance for allowing me to clarify the facts so that the good names of East Palo Alto and its councilmembers are not unjustly tarnished by the article’s suggestions of wrongdoing.