The current turmoil in the town of Atherton, involving Finance Director John Johns, appears headed for the scrutiny of the San Mateo County Civil Grand Jury.
Two Atherton residents told the Almanac that they have been called in to be interviewed by the grand jury this week.
The turmoil erupted on Aug. 27, when Finance Director John Johns was placed on paid administrative leave reportedly because of complaints that he created a hostile work environment.
Mr. Johns denies the allegations and said that he himself has been subject to threats and hostility following his audits of the Atherton Building Department and his questioning of other town financial records.
Sam Goodman, the chair of the Atherton Audit Committee, and Bob Jenkins, a former audit committee member and director of the Atherton Civic Interest League, confirmed that they would be speaking to the civil grand jury.
Three members of the grand jury, including its foreman, attended the public portion of a closed session Atherton City Council meeting on Wednesday, Sept. 12, said Mr. Jenkins. He said several other town officials and residents are scheduled to be interviewed by the grand jury, as well.
The civil grand jury is a watchdog group that investigates city and county governments, issues reports and makes recommendations. Although it’s an arm of the courts, a civil grand jury cannot hand down criminal indictments; it can recommend that a criminal grand jury do so.
Civil grand juries work in secret — anyone who has been interviewed by a grand jury is not allowed to discuss it, and the reports are the only publicly available information that result from their investigations.
Earlier this year, the grand jury issued two reports on problems surrounding Atherton’s building department. The first report condemned lax procedures and a lack of communication between the town’s building department and inspectors with the Menlo Park Fire Protection District, claiming that safety hazards might exist in some Atherton homes. Atherton officials vigorously disputed the report’s charges, but later agreed to work more closely with the fire district.
The grand jury’s final report, issued in July, criticized City Manager Jim Robinson for a lack of supervision over the building department staff, not intervening in a case of serious employee misconduct, and failing to keep council members informed of significant matters. Mr. Robinson retired at the end of July, and the council appointed his assistant, Wende Protzman, to serve as interim town manager until a permanent one is hired.
Currently, attorney Mary Topliff’s investigation into the complaints against Mr. Johns is ongoing. City Attorney Marc Hynes said he did not know when the investigation would be completed.
If any disciplinary measures are taken against a department head such as Mr. Johns, they will be meted out by Ms. Protzman, not the council, Mr. Hynes said. He said he did not know if the City Council would view Ms. Topliff’s report on her investigation.
