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Fact Sheet for Recall Notice
- The Recall Notice
limits the reasons for the recall to 200 words
- Please see the
articles and video clips on this website for additional details about
the reasons for her recall.
- Additional notes
on the reasons for the recall:
- Sally Lieber
violated the non-profit status of the YWCA by circulating her political
propaganda at a major non-profit event. The violation of non-profit
rules and her behavior at the November 13, 2001 YWCA luncheon were
validated with a representative of the YWCA. Here’s an excerpt from
the San Jose Mercury News article of December 2, 2001 to explain it:
"After the event, which featured former U.S. Attorney General
Janet Reno, YWCA chief executive officer Keri Procunier McLain wrote
a scathing letter to Lieber accusing her of jeopardizing the women’s
empowerment group. ‘The bottom line is your actions may have cost
us not only friends but future dollars, and we as an agency find these
actions unacceptable, unethical and irresponsible.’ Procunier McLain,
a former Santa Clara City Council member, fumed. Lieber’s action were
even more worrisome, she said later, because Lieber is co-president
of the YWCA of the Mid-Peninsula, so some people may have thought
she had the organization’s permission."
- She intentionally
lied, on two separate occasions, to community members in an attempt
to gain support for her position on the development of open space
parcels on Shoreline Boulevard. She specifically named people, one
of whom was a leader of a neighborhood group, who supported this development.
These were lies.
- The portion of
the Mountain View City Charter Section 1003 relevant to this matter
states: "Political activities prohibited. No employee of the
city shall, while in uniform or during that employee’s city working
hours take an active part in any municipal or other political campaign,
nor seek or accept contributions for or against any candidate or issue
therein, nor seek or accept signatures to any petition for or against
any such candidate or issue. Nothing in this section shall be construed
to prevent any such persons from seeking election or appointment to
public office." Sally Lieber called the President of the Firefighters
union for an endorsement for her Assembly campaign while he was at
work. She is paid by the city for her role as council member and made
the call as a council member; a member of the city’s highest office.
She is required to understand and follow the city charter. She knowingly
placed a city employee in violation of the city charter. (Click
here to see the Real Audio video ) - (Get
Free Player)
- Due process requires
that, before a person is condemned, the person is given a fair opportunity
to explain his or her version of events. On November 29, 2001, based
solely on an "accusation" of misconduct, Sally Lieber immediately
called for the Mayor of Mountain View to resign. She was the only
one to do so; no other council member called for his resignation.
- Violation of
State Elections Code: Sally Lieber submitted a misleading assembly
ballot designation. Elections Code Section 13107 allows candidates
to designate on the ballot "the elective office" held at the time
of filing and/or any "current principal professions, vocations, or
occupations of the candidate." Filed on December 7, 2001, Lieber listed
her occupation as "councilwoman/transit director." The Secretary of
State's Office, responsible for the ballot, says that there are over
700 candidates for state offices and that only some designations on
the ballot statements are checked for truthfulness. For example, designations
such as "mayor" are checked because most often mayors are just Councilmembers
appointed by their colleagues and not "elected by vote of the people"
to the position. Lieber serves on the Valley Transit Authority (VTA)
Board as an appointment by her city council colleagues. The Board
meets once a month. She is not a "Transit Director" and serving on
the VTA board is not her principal profession, vocation or occupation.
- Claimed falsely
on her response to the notice of her recall that "through her leadership
on our City Council we started a firefighter-paramedic program…" The
reality is that the firefighter-paramedic program was established
and paramedics were hired in 1998. Lieber's first term on city council
didn't begin until 1999.
- Special deals
for supporters who have given her money for her campaigns.
- In May of
2000, Sally Lieber introduced the motion and voted to authorize
city staff to sell a 13,093 square foot residential lot to her
supporters based on a $195,000.00 "appraisal" and without
any public bidding to determine the actual value. Only after fliers
from a concerned citizen exposed this scheme, did the would-be
buyers stop pursuing the lot. The City later accepted public bids
and the high bid was $558,000.00. A house is now being built on
the property.
- At the September
25, 2001, City Council meeting, Lieber advocated that the City
pay half (up to $19,000.00) toward the purchase and installation
of a tent for the patio area at Michael’s of Shoreline in Mountain
View. The restaurant is leased from the City of Mountain View
and is operated by the brother and "former" business
partner of Mountain View Councilmember Ralph Faravelli. (Ralph
Faravelli has endorsed Lieber for Assembly and has given money
to her campaign.)
Lieber’s
Assembly campaign statement filed August 2, 2001, disclosed that
she had conducted a fundraiser at Michael’s on June 26, 2001.
She reported that the restaurant donated "beverages"
for the event she valued at $360.00. While it is not strictly
illegal to take campaign contributions and then turn around and
give your contributors public funds, her enthusiastic support
looked like a quid pro quo or favor in return.
The ethical issue turned into a legal matter when attendees at
the fundraiser reportedly said they had received free food as
well. Lieber's campaign statement did not disclose any payment
for food to Michael’s at Shoreline – indicating that Lieber had
also received a non-monetary donation or gift of food that had
not been reported. As a result, a complaint against Lieber was
filed with the Fair Political Practice’s Commission (Case No.
010519).
- At the November
27, 2001 City Council meeting, Lieber once again led the charge
to sell city-owned property at Phyllis Avenue and El Camino Real
to the developer of the adjacent property – again without any
public bidding to determine the actual value. It turned out that
Lieber had reported receiving on June 29, 2001, a substantial
($500.00) campaign contribution from the wife of the developer
(Michele Tomlinson of Pleasanton). Needless to say, the 22nd
Assembly District does not include Pleasanton. (Click
here to see the Real Audio video) - (Get
Free Player)
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