Ambra guilty of misconduct Ambra guilty of misconduct (April 19, 2002)

Council member to be removed from office, but supporters say he might run for new council position Council member to be removed from office, but supporters say he might run for new council position (April 19, 2002)

By Bill D'Agostino

In what the prosecuting attorney called a victory for open and honest local government, a jury found Mountain View City Council member Mario Ambra guilty of misconduct last Thursday. As a result of the verdict, Ambra will be removed from office, but face no other penalties.

Ambra, 49, was convicted of disrupting the hierarchy of power established by the city charter, which mandates that individual council members interact only with the city manager and not with lower city employees, except to ask questions.

Bill Larsen, the special assistant district attorney who prosecuted the case, successfully argued that Ambra bossed around and ordered city employees, repeatedly trying to maneuver around the city manager's authority during his five years on the council.

Larsen said the verdict gives employees of local governments more weight in controlling council members who might try to get things done through back-door dealings rather than the proper government processes.

As he entered the San Jose courtroom on last Thursday Ambra, wearing a dark gray suit and light gray tie, hugged his wife Liz. He shook his head slightly as the verdict was read and then put his head in his hands momentarily. He did not testify in the trial and has not publicly commented on the accusations or the verdict.

Ambra, a backhoe driver who runs a construction company, was originally accused of four counts of corrupt misconduct by the Santa Clara County Civil Grand Jury.

The Grand Jury invoked a seldom-used legal process in accusing Ambra. The accusation is neither civil nor criminal, but a "hybrid" process handled like a criminal indictment, but carrying only the penalty of removal from office.

Earlier in the trial, Larsen dropped three of the counts that alleged Ambra used his power as council member to influence decisions involving land surrounding his home when he learned that Ambra's father, not Ambra himself, owns the trust that holds the property.

The jury _ which deliberated for nearly four days _ did not find sufficient evidence that Ambra engaged in "corrupt misconduct," just "knowing and willful misconduct."

"We are gratified that the jury did not find him guilty of any corruption,'' Ambra's attorney, Ken Robinson, said. "It makes a difference on how the citizens of Mountain View view Mr. Ambra and how he views himself."

Larsen, however, said he still believed Ambra acted corruptly.

According to the testimony of Michael Percy, the city's principal planner, Ambra ordered Percy to initiate rezoning of the property near his family's property on Rengstorff Avenue. Michael Martello, the city attorney, said Ambra told him he wanted to buy the property at a reduced price and develop it himself.

Despite the verdict, Ambra could still run for council in the future. However, Larsen pointed out that pundits view his conviction as a "political death penalty."

Dale Kuersten _ president of the Mountain View Professional Firefighters Union and an Ambra ally _ said that Ambra told him he was considering another run for council.

The firefighters union supported Ambra during both of his successful council bids in 1996 and in 2000; a dozen union firefighters attended the three week trial, rallying around Ambra.

Because the jury did not find the actions to be corrupt, the union would likely again support Ambra if he once again ran for council, Kuersten said. "He didn't step over any moral lines. That's the most important thing."

But Larsen said that Ambra's opponents in any future political race would likely not let voters forget about the conviction. Ambra was expected to be formally removed from the council on Thursday, April 18 in Judge John Herlihy's courtroom.

The remaining six city council members will have to determine how to fill Ambra's open seat, which expires in December of 2004.

Council member Rosemary Stasek said that she also wants the council to clarify the charter's rules to prevent a repeat of the past five years. Specifically, Stasek said she feels it is important to clarify the process to follow if a council member doesn't follow the rules.

"No person should have to work in an atmosphere of intimidation," Stasek said. "I never want another (city) staff to go through what these staff went through."