A second special Atherton City Council meeting to discuss "alleged improper official conduct and allegations that council member (Charles) Marsala is not a resident of the town" is set for Wednesday, April 7, at 6 p.m. in the council chambers, 94 Ashfield Road in Atherton.
A meeting on the topic was convened Friday afternoon, March 26, but was canceled for lack of a quorum. Only Mayor Kathy McKeithen and Councilman Jim Dobbie showed up.
Mr. Marsala has been harshly criticized for asking resident Jon Buckheit, who is suing the town, for a $500,000 loan. He also has been accused of no longer living in Atherton, although council members are legally required to live in the towns they serve.
Mr. Marsala is renting out his Emilie Avenue home to a Stanford Hospital patient and her family, and said the family needs to remain in the house at least through part of April. He said he has been living with friends in town.
Regarding the loan, Mr. Marsala said he and Mr. Buckheit were trying to find a vehicle to provide a loan against the equity on Mr. Marsala's house last September, but that by the end of that month, Mr. Buckheit informed him that he couldn't help him out. Mr. Buckheit filed his lawsuit in October.
Mr. Marsala said he didn't know Mr. Buckheit was planning to sue the town when he asked him to help him secure a loan, although Mr. Buckheit had filed a legal claim against the town in April of that year. Filing a claim against a public agency is the legally required first step before filing a lawsuit.
Comments
Woodside: other
on Apr 1, 2010 at 12:23 pm
on Apr 1, 2010 at 12:23 pm
[Post removed due to disrespectful comment, terms of use.]
Atherton: Lindenwood
on Apr 1, 2010 at 12:35 pm
on Apr 1, 2010 at 12:35 pm
Many of us are very concerned about the many allegations made against Council member Marsala. This will be the third meeting where residents can come to share their concerns and hear what Marsala has to say for himself.
Marsala is innocent until proven guilty which is more than he has shown others such as John Johns and Jon Buckheit.
Atherton: West Atherton
on Apr 1, 2010 at 12:43 pm
on Apr 1, 2010 at 12:43 pm
I can't believe Atherton is one of the richest cities in the US and this is what is being talked about. The city attorney determined no laws were broken. Please move on to more important issues.
Atherton: Lindenwood
on Apr 1, 2010 at 12:57 pm
on Apr 1, 2010 at 12:57 pm
There will be no pitchforks. There will be no torches. There will only be people seeking answers.
The allegations against Marsala are serious. Marsala will have the opportunity to present his version of events.
It is my sincere hope that Marsala explains his loan request of Mr. Buckheit.
I hope that Marsala presents a case for his remaining on the City Council even though taking up residence in an accessory structure is against the law.
I hope Marsala explains his role in the Johns investigation and termination, an apparent violation of the separation of powers inherent in the Council manager form of governmnet.
I hope Marsala explains his motive for encouraging a reporter from the Post to visit Ms. Carol Smith at her home in Los Altos,apparently to investigate allegations that Ms. Smith had acted improperly somehow after her longstanding public service to Atherton.
I hope Marsala answers truthfully as to whether he had any role in disclosing confidential attorney client communications related to Atherton's road impact fee and business license tax, thereby costing the Town nearly $2.4 million in refunds. I hope Marsala fully and truthfully discloses any financial arrangements he had with those benefiting from the $2.4 million in refunds.
I hope Marsala explains why he did not alert the City Manager to a $10,000 loan request by an Atherton police officer from a resident (an episode similar to Marsala's own alleged misconduct). I hope he makes a case for not having acted on this promptly in view of the fact that this same officer received a $260,000 wrongful termination settlement from the Town.
Some posters have complained that Marsala is being unfairly targeted, that he is being smeared because of his plans to run for office in the fall. Let us hope that Marsala does not duck the meeting on April 7th. Let us hope he speaks plainly, that he speaks the truth.
If Marsala speaks the truth and if the truth vindicates him, he will be treated just as former Finance Director Mr. Johns has been treated, he will be commended for his honest, faithful and capable service to the Town.
If Marsala lies. If Marsala's accusers are right, Marsala should be and will be held accountable.
another community
on Apr 1, 2010 at 1:11 pm
on Apr 1, 2010 at 1:11 pm
I would be interested to know if the claim filed by Mr Buckheit in April was still pending before the Town Council or had been rejected at the time Mr. Marsala sought a loan from Mr. Buckheit. The status of the claim would reflect greatly on Mr. Marsala's actions at the time.
Atherton: West Atherton
on Apr 1, 2010 at 1:11 pm
on Apr 1, 2010 at 1:11 pm
It is obvious that the Town should not be bothered with allegations that Marsala is living in a pool house in violation of the Town's zoning ordinance. This a relatively minor offense.
It does appear that Marsala has exercised poor judgment in seeking a loan from one involved in litigation with the Town, especially by making the request in the form of an e-mail. Better that these things be handled discretely. To run Marsala out of town because he has difficulty in managing his own finances would seem to be overkill.
That said, I agree with the poster who uses the pen name, ridiculous. There are far more pressing matters facing the Town. There are other allegations against Marsala that have surfaced. These allegations are serious. It is arguable that in their totality the allegations that have most recently surfaced constitute criminal conduct.
I love my Town. I bear no emnity to Marsala. I would see no joy in seeing Councilman Marsala share the fate of Spiro Agnew.
another community
on Apr 1, 2010 at 1:13 pm
on Apr 1, 2010 at 1:13 pm
Dead Messenger stands ready to testify against Marsala on April 7th.
This is no April Fools joke.
Registered user
another community
on Apr 1, 2010 at 1:55 pm
Registered user
on Apr 1, 2010 at 1:55 pm
As far as I am concerned, he has done nothing wrong and not affected any of your stupefyingly boring lives.
Atherton: other
on Apr 1, 2010 at 2:04 pm
on Apr 1, 2010 at 2:04 pm
Post removed due to disrespectful comment, terms of use.]
Woodside: other
on Apr 1, 2010 at 2:17 pm
on Apr 1, 2010 at 2:17 pm
[Post removed due to disrespectful comment, terms of use.]
Atherton: West Atherton
on Apr 1, 2010 at 3:28 pm
on Apr 1, 2010 at 3:28 pm
Thanks R. Gordon for that personal comment on our boring lives. Better we just ignore this petty and insignificant issues, and let the town run itself, huh? Except that little problems unchecked tend to grow into big problems.
As to Ridiculous's comment that the city attorney determined no laws were broken, I believe that determination was made because Marsala didn't actually GET the loan. That seems a pretty flimsy distinction to me. His INTENT was to do something that would have broken the law, and that is definitely something we should address.
another community
on Apr 1, 2010 at 3:41 pm
on Apr 1, 2010 at 3:41 pm
I am amused by the wantabe lawyers who know everyhing about everything. Witch hunt II is here!!
Menlo Park: other
on Apr 1, 2010 at 5:14 pm
on Apr 1, 2010 at 5:14 pm
Perhaps when he answers to his accusers, city money will saved on hiring a private detective to stock Mr. Marsala, and instead used to hire a public relations firm to help Atherton get back its reputation, which as it stands looks like a community of heartless people, thank you Ms. Mayor. Of all the things to be concerned about, this is the best you could come up with, a councilman's residence? This is why Atherton needs someone with real leadership, which you do not have. Real leaders are supposed to be above the fray, instead you have led people to the fray with your obvious vendetta against Mr. Marsala, in which you are using public time and money to stoke a fire, while ruining Atherton's reputation in the process.
The decent people of the community do not thank you.
Atherton: West Atherton
on Apr 1, 2010 at 5:22 pm
on Apr 1, 2010 at 5:22 pm
Please stop the witch hunts. The town was pretty quitet until a certain Kathy M was elected to the council and started attacking the police department, other council members, etc. There is no need to hold a hearing for Mr. Marsala if it has already been determined that he broke no laws.
Atherton: Lindenwood
on Apr 1, 2010 at 5:29 pm
on Apr 1, 2010 at 5:29 pm
Marsala did break the law by asking for that loan, since he was suborning a bribe. Ask Furth to analyze that. Also, the people and the council have a right and obligation to examine the ethics of their officials, not just whether they obey the law.
Menlo Park: other
on Apr 1, 2010 at 5:40 pm
on Apr 1, 2010 at 5:40 pm
Laws broken:
And the wheels on your bus go round and round.
Atherton: Lindenwood
on Apr 1, 2010 at 5:45 pm
on Apr 1, 2010 at 5:45 pm
Yup, they sure do. Also I live in Atherton, pay plenty of property taxes (and a parcel tax), so unlike you have a real interest in whether my elected officials are serving me, or themselves and the people who scratch their backs. It is outrageous that you and a bunch of his friends continue to try to intimidate anyone who feels this way. Absolutely no one across America would feel that an elected official asking a constituent for a "loan" amounts to nothing, and questioning it is a "witch hunt". Maybe you think that's okay for Menlo Park; I DO NOT think it is okay for Atherton. Our mayor is doing the right thing by examining it.
By the way, when the politicians really do ask for a bribe, is it couched in terms of "pay me this money", or a little bit more subtly?
Atherton: West Atherton
on Apr 1, 2010 at 6:44 pm
on Apr 1, 2010 at 6:44 pm
Ask ex finance director john johns what it feels like to be the subject of a witch hunt. It is now an established fact that the accusations against him were false.
Marsala would like us all to forget that he was a front runner in the crusade against Mr Johns. Now Marsala, after 2 years, $400,000 in legal fees and a $225,000 payout to Johns, Marsala claims he is the victim of a witchunt all the while avoiding any mention of his role in the Johns debacle.
Sorry Charlie, that's the world works. What goes around comes around.
Menlo Park: other
on Apr 1, 2010 at 6:49 pm
on Apr 1, 2010 at 6:49 pm
Laws Broken,
You may live in Atherton, and none of us over here in Menlo care how much you pay for anything. You are NOT privy to anyone's personal business, especially when it is business having nothing to do with the city. So mind your business. In Menlo Park we don't have these problems and thanks to a great city council, we're not ashamed of where we live, then again we don't have a mayor or a pathetic group of uncivilized people trying to shame the town. As it stands right now, your city is the laughing stock of the peninsula.
Oh on the issue of serving you, in the words of Kennedy "ask not what your government can do for you" translation, no one owes you anything.
Atherton: West Atherton
on Apr 1, 2010 at 6:51 pm
on Apr 1, 2010 at 6:51 pm
Hunted, great point but the analogy doesn't measure up. Even if Marsala loses his council seat based on this (and he should), it would fall way short of what he did to Johns. That guy lost his job and his ability to earn a living. But, you're right in the sense that when Marsala kept hounding the guy, long after he left, Marsala nor his friends considerd that a witch hunt!
Woodside: other
on Apr 1, 2010 at 7:06 pm
on Apr 1, 2010 at 7:06 pm
Try to focus. This isn't about John Johns or anything that happened years ago.
It's about an elected official soliciting $500,000 from a constitutent. Mr. Marsala admits that he asked for loan and apparently there are emails that back it up. I don't understand whether the money was requested before or after Mr. Buckheit thought he could settle the matter amicably is particularly relevant. A solicitation is a solicitation.
If this episode doesn't upset you, you deserve the folly that passes for Atherton governance.
Atherton: other
on Apr 1, 2010 at 7:38 pm
on Apr 1, 2010 at 7:38 pm
[Post removed. Stay on topic.]
Atherton: West of Alameda
on Apr 1, 2010 at 7:49 pm
on Apr 1, 2010 at 7:49 pm
So...the home equity loan charge doesn't gain much traction...so now we'll try the residency one?
Unbelievable. This is dirty politics at its finest.
I think Charles should file for relection and start campaigning. After all, it seems like the campaign against him has already begin!
Atherton: Lloyden Park
on Apr 1, 2010 at 8:05 pm
on Apr 1, 2010 at 8:05 pm
JJJCancer cancer speaks with a hatred that is both unseemly and out of place.
It is unfortunate that this poster would use the very same tactics he or she decries.
If JJJCancer has evidence of a plot against Councilman Marsala by in his or her words, Johnny John Johns and Mayor McCheese, perhaps he or she will provide evidence of such allegations on the evening of April 7th.
Woodside: other
on Apr 1, 2010 at 8:16 pm
on Apr 1, 2010 at 8:16 pm
How about staying on topic?
Don't you realize the Johns discussion is a diversion from the issue?
Atherton: other
on Apr 1, 2010 at 9:02 pm
on Apr 1, 2010 at 9:02 pm
[Post removed...disrespectful comment.]
Atherton: West Atherton
on Apr 1, 2010 at 9:48 pm
on Apr 1, 2010 at 9:48 pm
You're mentioning Johns in the same breath as accusing Charles to be a victim of a witch hunt?
This Town could have settled with Johns for TEN THOUSAND DOLLARS and because Marsala wanted a witch hunt, it's now paying him $225,000 (after spending $400,000 on attorney's fees). That's $625,000 of OUR money that Marsala WASTED for his witch hunt.
And now you (and he) have the nerve to claim he's the victim of a witch hunt himself, for residents being rightfully outraged that he hit up someone for a half million dollar loan?
TALK ABOUT REALITY DISTORTION!
Atherton: other
on Apr 1, 2010 at 9:51 pm
on Apr 1, 2010 at 9:51 pm
What's so disrespectful about that last comment? It is anarchy in Atherton, can these people not get along? It wouldn't be so funny if the town were not being shamed by all this nonsense.
Atherton: Lloyden Park
on Apr 2, 2010 at 11:54 am
on Apr 2, 2010 at 11:54 am
The town would get along just fine if Marsala were out of office. Thank goodness we have Kathy M to hold our town council, budget and staffing accountable and transparent.
Thank you Kathy.
Atherton: West of Alameda
on Apr 2, 2010 at 3:03 pm
on Apr 2, 2010 at 3:03 pm
April 7....Big Day.
I say we get Johnny John Johns under oath and let him reveal the conversations he's had with Mayor McCheese.
Boy, would that be revealing.....
Woodside: other
on Apr 2, 2010 at 3:28 pm
on Apr 2, 2010 at 3:28 pm
The people who simply can't stop invoking memories of Johnny Johns are like the people who keep questioning whether Obama was born in the United States. It doesn't serve your objective and you just sound petty (and kinda obsessively weird).
You don't need to dredge up old issues. The recent solicitation of a $500,000 loan from a private citizen is a serious enough matter.
Let the Johnny Johns stuff go. Everyone is well aware of it.
Atherton: other
on Apr 3, 2010 at 12:17 am
on Apr 3, 2010 at 12:17 am
Will somebody please tell me who Mayor Mc Cheese is and what this has to do with Marsala's loan request?
Atherton: West Atherton
on Apr 3, 2010 at 11:16 am
on Apr 3, 2010 at 11:16 am
Interesting... the editor's left all kinds of insults and jeers but took down the comment that simply asks where the photo is of the villagers with pitchforks. Is that comment being interpreted as criticism of their coverage? Because otherwise I don't see it as any more disrespectful than most of the other angry posts on here. It was the best comment to date. Gave me a chuckle.
Woodside: other
on Apr 3, 2010 at 2:20 pm
on Apr 3, 2010 at 2:20 pm
Journalism or censorship:
Thanks. Found it odd also, but s/he took it down when I commented on another post that went over the line about violence, so I can see how they thought pitchfork comments were related. It will be the last time I paste someone else's comments, that's why mine was pulled, and then the pitchfork comment.
I think.
Funny, the pitchfork comment was left up on another thread.
;-)
Atherton: Lloyden Park
on Apr 3, 2010 at 3:11 pm
on Apr 3, 2010 at 3:11 pm
Marsala is Mayor McCheese. He's the only one that repeatedly refers to himself as Mayor.
We should focus on constructive comments and leave the McCheese and pitchfork comments off. Marsala is in enough trouble without digressing into these types of comments.
Atherton: West Atherton
on Apr 3, 2010 at 3:37 pm
on Apr 3, 2010 at 3:37 pm
Funny, I think we should be focusing on the police department, that's where this all started. Marsala shouldn't have asked for a loan. People do stupid things sometimes. Perhaps, in a few short months, he will not be re-elected. Fine with me. But the police department is a very powerful entity that is totally corrupt, as edified by the judge's ruling and comments in open court.
If the residents of Atherton really want to talk about something that actually has consequences for every person living and passing though the Town, we should be focusing on pushing for an oversight comittee. It's too bad that the loan issue has overshadowed what is really important and frankly, scary: the police have unchecked and unilateral power until someone with a lot of time and money and courage steps up to fight them. Most people can't or won't do that.
This side circus is distracting. People can't see the forrest through the trees, or through their baggage.
Atherton: other
on Apr 3, 2010 at 5:04 pm
on Apr 3, 2010 at 5:04 pm
tiredofitall--When you pull your head out of the sand, please do a little research into the town's corruption history. We finally have a mayor who's not afraid to hold accountable the bullies & crooks who've cost this town way too much. Getting to the truth out is not a which hunt.
Menlo Park: Linfield Oaks
on Apr 3, 2010 at 7:35 pm
on Apr 3, 2010 at 7:35 pm
Every single one of them should be tossed in the gutter outside of the town hall.
If you think the current mayor is any different then I have an Atherton lot I would like to sell you very cheap. Pay no attention to the East Palo Alto mailing address.
Atherton: West of Alameda
on Apr 3, 2010 at 10:15 pm
on Apr 3, 2010 at 10:15 pm
Anybody who wants a witch hunt you do not have to look very far. Hang around town hall and you'll find a witch before an easter egg I can tell you that much.
Atherton: other
on Apr 3, 2010 at 11:48 pm
on Apr 3, 2010 at 11:48 pm
The City Council should do the right thing and adopt a resolution calling for Marsala to resign. If such a resolution is passed, Marsala should abide by the wishes of the City Council.
If Marsala does resign, Jon Buckheit should be appointed to fill Marsala's seat until November.
Atherton: West of Alameda
on Apr 4, 2010 at 3:21 pm
on Apr 4, 2010 at 3:21 pm
Does anyone else see the similarity between San Jose's DA Carr, and Marsala? Check out the SJ Mercury News Editorial today, ....no ethics, no moral compass...sound familiar?
Problem Solved has it right, the Council should pass a resolution asking Marsala to resign. But, Carlson would probably not show up to that either. As a tax payer, I'd like Marsala to reimberse the town residents for the $600K.
another community
on Apr 5, 2010 at 8:25 pm
on Apr 5, 2010 at 8:25 pm
My name is Sunil. I do not live in Atherton but have met Charles Marsala on may occasions.
His is a proud member of the community and loves is town. He cannot stop talking about how he wants Atherton to be the best city in the country.
Charles has impressed me with his knowledge of the issues and vision for Atherton.
I know he has had some recent business setbacks. Knowing America, he will mightedly rebound.
Do not count Mr. Charles Marsala out. He loves his town and the poeple he represents.
Atherton: other
on Apr 5, 2010 at 8:43 pm
on Apr 5, 2010 at 8:43 pm
My Name is Bill
I have met Marsala on many occasions. I have seen him bring discredit upon Atherton. I have seen him singlehandedly make this proud community the laughing stock of the Peninsula and beyond.
Marsala is a scourge, I would like to see Marsala bounce back about as much as I would like to see the return of leaporsy. He's done here as far as I am concerned. Let him pack his bags and take up residence in a community that has no shame.
We have seen his vision for Atherton it is the good ole boy network where politicians scratch the backs of developers in exchange for having their pockets lined.
His antics have nearly bankrupted this Town both financially and morally.