Editorial Editorial (June 04, 2004)

City Attorney's conflict question

The acknowledgement by City Attorney Michael Martello that he has a personal relationship with Pamela Read, the general manager of Foothill Disposal, the company that hauls the city's garbage, is reassuring in some ways, but disturbing in others.

On the plus side, we are happy that Martello took it upon himself to notify Mountain View City Council members and his boss, City Manager Kevin Duggan, that he is seeing Read, who also chairs the Mountain View Chamber of Commerce board of directors. He later told the Voice, "I let them know within a week, two weeks for sure, of even casually seeing her."

But the notification apparently was done via a private memo to the council that was not included in the packet distributed to the public and the press. And while Martello quickly acknowledged the relationship when a Voice reporter inquired, no indication was given that he, or the administration, ever intended to inform the public about it.

This is disturbing, for while we have the utmost respect for Martello, we strongly believe his disclosure should have been made public immediately and not slipped to council members in a confidential memo. In addition, while Martello's vow to avoid any involvement with issues concerning Foothill Disposal is a first step, it would also be comforting if he made the same stipulation about matters involving the Chamber of Commerce.

Beyond that, we must say that as one of the most influential members of the city manager's team, Martello has a virtually unlimited opportunity to advance the cause of a favorite company or organization behind the scenes. Nevertheless, since the public is now aware of his ties with Read and Foothill Disposal and of the substantial 8.95 percent rate increase the company is seeking starting July 1, it is much less likely that their relationship can harm the city.

But the administration and the city council should consider closing the loophole that permits a high-ranking, non-elected official to engage in a conflict situation without informing the council or the public, even if the relationship is technically legal, as is the Martello/Read link. This critical information should not be left to voluntary disclosure. Unfortunately, the job of revising the current ordinance or drawing up another would fall to Martello, who clearly has a conflict.

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