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Renewal of City Manager McIntyre's contract.

Original post made by Morris Brown, Menlo Park: Park Forest, on May 19, 2015

Tonight (5-19-2015), in closed session the MP City council will consider renewing McIntyre's contract. (Public comment accepted at 6:00 PM before closed session, and City's conference room)

A letter to the Council, signed by 4 former MP Mayors, (Schmidt, Robinson, Borak and Morris) was sent to the Council and is copied below.

link: (contains other links to documentation for the letter)

From: domain removed <Steve>
Date: Mon, 18 May 2015 20:21:45 -0700

To: City Council

Re: City Manager Contract, Agenda item CL-2

Please consider the following concerns before voting on the renewal of the
City Manager’s contract.

Alex McIntyre hired a political consultant (Malcolm Smith) and signed a
contract and worked with Smith from March 3, 2014 through August 2014 without
advising any council member. The council’s only authorization regarding
Measure M was to hire Lisa Wise Associates to analyze the terms of the

Alex McIntyre admitted to the Palo Alto Daily Post and the Almanac that he
violated the City’s document rentention ordinance when he threw away
documents created by the hired political consultant.

For three months Alex McIntyre withheld documents requested through a
Public Records Request by a former council member. As of today, the City
continues to withhold documents requested via the California Public Records

Alex McIntyre strategically chose October 31, 2014, four days before the
election as the day to produce Malcolm Smith invoices to the City. Only
then did the Council and the public learn of the hiring of Malcolm Smith.

Alex McIntyre again strategically chose November 5, 2014 the day after the
election to produce the March 5, 2014 contract with Smith and a March 19,
2014 Amended Scope of Work.

Alex McIntyre produced an Amended Scope of Work to Smith’s Contract dated
March 19, 2014 that was not signed by any employee of the City or Malcolm
Smith despite the expressed requirement in the March 3, 2014 (#11 *Merger
Clause*, "*All subsequent modifications shall be in writing and signed by
the City.")*

If Smith did agree to the reduced March 19 Addendum Scope of Work, why did
he continue to perform work *(letters to editors, create strategy, create
content for Almanac Online, draft opinion pieces, write op-ed pieces,
create "fact of Week" documents)* as described in the earlier March 5

Why did the City Staff permit Smith to perform work not in the Amended
March 19 Scope of Work?

Why did the City pay Smith for work McIntyre claims he rejected because
said work was *“a full on campaign, inappropriate, overreaching and

The City has refused to produce what it perceives as "draft" work product
by Malcolm Smith. However, the City Council has the authority to require
Smith to produce his "drafts" to the Council so the Council may understand
the nature of the work for which Smith was paid. It is clear that Smith’s
work product clearly met the description in the executed March 5 Scope of

Also attached to this email is Alex McIntyre’s email to Heyward Robinson on
Nov 5, 2014, one day after Measure M lost. Only then did McIntyre produce
the March 5 Contract and Exhibit A between the City and Smith plus the
March 19, 2014 Addendum Scope of Work. This delay shows a clear intention
to stonewall Mr. Robinson until a time when Measure M would be settled. In
August 2014 Robinson began his requests for documents under the California
Public Records Act, months before McIntyre revealed the fact he hired a

It is implausible that Malcolm Smith would ignore the March 19 Addendum
Scope of Work and perform the very tasks outlined in the March 3 Scope of

It is implausible that the City would work with Smith for the entire
campaign season and pay invoices for work that was as McIntyre told the
Palo Alto Daly News, “overreaching and a full on Campaign." There is a
question of McIntyre's integrity that the Council should not ignore.

Jack Morris, Former Mayor of Menlo Park

Heyward Robinson, Former Mayor of Menlo Park

Mary Jo Borak, Former Mayor of Menlo Park

Steve Schmidt, Former Mayor of Menlo Park

Comments (20)

Posted by Roy Thiele-Sardiña
a resident of Menlo Park: Central Menlo Park
on May 19, 2015 at 11:31 am

Roy Thiele-Sardiña is a registered user.

ah yes, the losers in the Measure M election just can't give it lost guys, (and you lost BIG), move on.


Posted by details
a resident of Menlo Park: other
on May 19, 2015 at 11:42 am

According to LinkedIn, Malcolm Smith has never worked as a political consultant. On paper, Malcom Smith may be the most qualified communications consultant ever hired by the city.

Posted by Sunshine Needed
a resident of Menlo Park: Allied Arts/Stanford Park
on May 20, 2015 at 9:13 am

Wow - did some of you really miss the boat. This is not about Measure M but it IS about whether the City Manager and key staff behave ethically and in accordance with city policies and procedures, and in line with City Council direction. The City Manager's contract is under review, so the questions are pertinent and timely.

IMO the questions raised are important ones that need sunshine. It is a disservice to our community and to good government to demean the messengers and ignore their very important message.

Posted by Integrity is the issue
a resident of Menlo Park: South of Seminary/Vintage Oaks
on May 20, 2015 at 11:01 am

Sunshine: may I also add that the city manager worked with this consultant for 8 months without ever informing even one council member that he had done so. What does that say about this council's authority, leadership and responsibility to Menlo Park residents? This relationship with the consultant was known widely by the city staff as many worked with him for these 8 months.

In addition when a resident filed a State Request for Public Records in August of 2014, the city manager did not produce documents until the end of October. The City manager also admitted he threw into the garbage some of the work performed by the consultant. Both of these acts violate our city's ordinance and State law.

Three strikes against the city manager and that's without any reference to Measure M. This is an issue that addresses the Council's competence. Sure, all five may have been fooled by the city manager but the council's job is to be aware of what the staff is doing.

Posted by More sunshine and integrity
a resident of Menlo Park: Allied Arts/Stanford Park
on May 20, 2015 at 12:20 pm

Also, don't forget the two mismanagement issues of

Treatment of Gymnastics Teacher Michelle

And attempting to eliminate the Finance Audit Committee by a consent calendar vote.

Posted by Water
a resident of another community
on May 20, 2015 at 12:24 pm

How about McIntyre talking in public about the cop and the hooker incident, overheard by a reporter?

Posted by frugal
a resident of Menlo Park: Downtown
on May 20, 2015 at 12:46 pm


Yes Measure M lost and we can debate the reason for that all day.

But I wonder how many No on M voters regret their decision? If they don't now, they soon will.

Posted by More sunshine and integrity
a resident of Menlo Park: Allied Arts/Stanford Park
on May 20, 2015 at 12:50 pm

He's the first mp city manager who needs an 'Assistant to the City Manager'

Posted by 28 year resident
a resident of Menlo Park: Suburban Park/Lorelei Manor/Flood Park Triangle
on May 20, 2015 at 12:51 pm

The ethics issues cannot be overlooked, but let's consider the following: We taxpayers pay this guy upwards of a quarter of a million dollars a year, loan him over a million dollars, at below market rates, to buy a house. Loan him another $360k, at below market rates, to upgrade it. Provide him a pension for life and insurance for life and on and on it goes. He cannot sit down and write a position piece or an "op ed" piece on a topic with which he should be very very he goes out and has to hire (legality questionable) a consultant to write something for him. Dump the guy and bring on someone way more competent. The SJ Mercury, last weekend had a great piece on the very topic of City Managers and their worth. It does show us as not quite as bad as some other cities. See link below
Web Link

Posted by witch-hunt
a resident of Menlo Park: other
on May 20, 2015 at 1:06 pm

Q: Did the City Manager and key staff behave ethically?
A: YES (according to the DA and FPPC)

Q: Did the City Manager and key staff behave in accordance with city policies and procedures?
A: YES (according to the city attorney)

Q: Is the City Manager required to informing council regarding whom is hired on contract?
A: NO (according to the city attorney)

Q: Did the Public Records Request produce any evidence of unethical or criminal behavior?
A: NO (according to the DA)

Q: Does putting garbage in the garbage can violate the City's ordinance or State law?
A: NO (according to the DA)

Q: Is the City Manager afraid to do his job when it involves full-time and part-time employees being fired?
A: NO, thankfully

Q: Is the City Manager the first or only MP city manager to be overheard talking about a cop and a hooker.

Posted by morris brown
a resident of Menlo Park: Park Forest
on May 20, 2015 at 4:56 pm

Public comments made by myself and Elias Blawie before the closed council session convened in the Conference room, and were thus not recorded by the City, can be viewed at:

Web Link

Posted by In the Know
a resident of Menlo Park: Park Forest
on May 20, 2015 at 8:27 pm

Alex McIntyre is not the first city manager who had an assistant. For years when David Boesch was the Menlo Park city manager Audrey Seymour was the assistant city manager. They both earned their keep by having to put up with Kelly Fergusson, Andy Cohen, and Heyward Robinson. They were lucky to not have to put up with some city council members from the early nineties. No names mentioned but those city council members were horrible.

Posted by Sunshine needed
a resident of Menlo Park: Allied Arts/Stanford Park
on May 20, 2015 at 10:53 pm

@witch hunt
The DA and FPPC responded to specific complaints that did not encompass the larger issues and questions raised. Calling The letter a witch hunt is tantamount to whitewashing what appears to be inappropriate behavior that violates city policies. At hand is an issue of good government and matters that deserve more sunshine.

Posted by never mind those cost estimates
a resident of Menlo Park: Linfield Oaks
on May 21, 2015 at 9:49 pm

McIntyre also stonewalled the City Council when they asked for more detailed cost estimates to support the City Hall renovation. His lame answer to Council was that "costs continue go up" hence it wasn't worth it to put in any of the detail Council requested. The City can do much better with someone who is actually accountable.

Posted by progress needed
a resident of Menlo Park: other
on May 21, 2015 at 11:36 pm

@sunshine_needed wrote, "the DA and FPPC responded to specific complaints that did not encompass the larger issues". The "larger issue" is simply that a small group of people are unhappy. This seems like the same small group of curmudgeons were unhappy about the Derry Project, HSR, Menlo Gateway, and now the Greenheart and Stanford projects on El Camino Real. The voters of Menlo Park are also unhappy, they are unhappy with a decade of blight on El Camino Real.

The article Mr. Blawie referenced reads, "council considered making it a misdemeanor if the manager failed to report hiring a PR consultant but backed down." A good candidate for any number of open city positions will never apply to a city that wants the criminalize the city manager's job. If Menlo Park cannot hire god civil engineers and planners (or a new city manager) nothing will get done. Attacking the city manager is the latest attempt to stifle development.

Posted by sunshine needed
a resident of Menlo Park: Allied Arts/Stanford Park
on May 22, 2015 at 8:51 am

@ progress needed - We will never make progress as a community when some hold the attitude that it's ok to denigrate fellow citizens who are asking for sunshine about some potentially unethical behavior of the top city official. There are important unanswered questions and considerable stonewalling being done. Concerns could be addressed and cleared up quickly. If everything is fine, then this chapter can be closed.

Some in this thread don't seem to like putting sunshine on the behavior of government officials. I think it's essential to our democracy and to our community. Sunshine is good. Sweeping things under the rug is not.

Posted by sunshine needed
a resident of Menlo Park: Allied Arts/Stanford Park
on May 22, 2015 at 8:55 am

@ progress needed - please explain how this request for more information about McIntyre's behavior has ANYTHING to do with the blight on El Camino. The Specific Plan has been in place for years. Measure M lost, largely because the community expects the City Council to make whatever changes might be needed the the Plan.

The City Council has control over what public improvements are made, when they are made, and how they are to be funded. Why don't you focus on where that stands? Downtown looks like a 3rd world area, with decaying parking lots and litter everywhere.

Posted by In the Know
a resident of Menlo Park: Park Forest
on May 22, 2015 at 10:00 am

Progress Needed is spot on. Jack Morris, Steve Schmidt, Mary Jo Borak, and Heyward Robinson are desperately grasping at straws and "Attacking the city manager is the latest attempt to stifle development" is just another stall tactic to keep Menlo Park from moving forward.

They want no development at all and will joyously sacrifice much needed tax revenue that supports the operation and maintenance of Menlo Park.

This type of anachronistic thinking harbors back to the day when Gail Slocum was mayor and ignominiously failed to derail the construction of that wonderful building where people congregate to enjoy Kepler's books and Cafe Barrone plus the added bonus of having that much needed downtown underground parking.

If this motley crew had their way they would build a moat around Menlo Park with drawbridges that would only let pedestrians and bicyclists through.

Posted by really?
a resident of Menlo Park: other
on May 22, 2015 at 11:33 am

really? is a registered user.

I think the only real scandal is that City Managers are all on this $250K gravy train. And we're not the only town agreeing to this ridiculous system of golden tickets. Town managers are paid more than the Jerry Brown (obviously housing is included).

Who let this crazy system into place anyhow?

Posted by Gravy Train
a resident of Menlo Park: The Willows
on May 22, 2015 at 2:14 pm

[Post removed; off topic]

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