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Verbal - Affidavit of CertificationTOWN OF LOS GATOS OFFICE OF THE TOWN CLERK CIVIC CENTER 110 E. MAIN STREET P.O. Box 2 Los GATOS, CA 95031 AFFIDAVIT OF CERTIFICATION STATE OF CALIFORNIA COUNTY OF SANTA CLARA) SS TOWN OF LOS GATOS MARIAN V. COSGROVE, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE IS THE DULY ELECTED AND QUALIFIED TOWN CLERK OF THE TOWN OF LOS GATOS; AND THAT SHE HAS HELD THE PRESENT OFFICE OF TOWN CLERK SINCE DECEMBER 6T", 2004 AND HAS RECEIVED INSUFFICIENT INFORMATION TO CERTIFY ANYTHING BUT THE NOVEMBER ELECTION OF 2004. v- ) MARIAN V. COSGROVE, WN CLERK TOWN OF LOS GATOS, IFORNIA FEBRUARY 22, 2005 BACKGROUND The Office of Town Clerk has been held by Marian Cosgrove for sixteen years. During that time Ms Cosgrove worked 12 to 14 hours a day keeping the office open during business hours and auditing the records that state code says were in her custody. When attaining this office Ms Cosgrove found that all indexes to Town records were manual and there was no computer memory base for storing any of the records besides those of the Planning Department. Soon after her first election to office the Town began to acquire personal computers and Ms Cosgrove began placing many of the Town's records on indexes within the Clerk's Index called MuniMetrix and creating many other indexes to many of the manual files. Since the year 2000 nearly all those indexes have been placed in the upgraded version of the Clerk's Index. Again this work took many hours of the Elected Clerk's time. Although the total salary of the Clerk was less than a high school intern would make, the Clerk steadfastly worked on the records and computer index files. The actual staff in the Clerk's Office only worked their allotted hours, never volunteering to do overtime unless they were paid time and a half, although the new records coordinator has on her own time put in many hours so as to continue trying to get the Town's records on line so as to have a truly accessible government for the people. BACKGROUND CONTINUED Council seems to believe that the Office of Town Clerk is some sort of part time voluntary position that can be done with a wave of a pen and a wink of an eye. I differ adamantly. All Council Minutes of its Legislative Action, which is the business of the people of Los Gatos, have been taken by the Elected Town Clerk for the last sixteen years, who has sat through all those meetings and listened to them two and three times over to maintain an accurate record that she could certify. Although one or two sets of minutes may have been signed by another, it was only because the Clerk was on vacation and someone was paid time and a half to sit through the meeting. The Clerk always listened to those tapes and wrote the minutes herself. Having seen the working agendas at staff meetings, having watched that the actual agendas corresponded to the actual meetings and the items presented to Council at those meetings, the Clerk was able to attest to the agendas and minutes and certify that the original packets contained the actual business of the people that went forward after the meetings as contracts, recordings and ordinances. She then could certify that the bids to award contracts were those she had recorded in her minutes, that the completion notices were the ones that could be recorded and that the ordinances that were signed and filed were the true and correct ones that may have come forward as desk items. The ability to perform these actions is time consuming and takes a continuous thread of understanding and knowledge to follow through and ensure validity of all Council authorized business.. As the full time elected official charged with the custody of the Town's records and vested with the authority by the state to certify those records in a court of law, I find that the last eleven weeks in the position that the Manager, Attorney, Council and Manager's Clerk have put me in does not contribute to doing the job that the state has authorized. And mandated. Eleven weeks ago I asked the Manager for copies of the working agenda, the finished agenda, a complete packet with desk items, access to the original packet to compare to my copy packet, and copies of all the agreements, contracts, bids, resolutions, ordinances and recordings that I am expected to certify. I was told that was not necessary and I could certify to what ever she expected me to certify to. I'm sorry, but I am not going to but myself and my reputation at jeopardy to those town officers who are unable to follow state code or even their own town code. This request is only a small part of what I need to fulfill the duties of Town Clerk. The most current questionable document handling is that of the Fair Political Practices Commission Annual Filing of the Form 700. When I returned from vacation I found a form which I filled out and filed with the Manager's Clerk although I had some trouble figuring out what I was to do with an old form. I mentioned this to staff, and the next time I came in the Manager's Clerk had refused the first form and gave me the new and correct version for this year. I did not get an explanation, nor did I get the town's conflict of interest code which the form 700 requests that the agencies give out when they are asking for the filings. I also wondered if the Redevelopment Agency was included in the filing request, and then with the very high salary that is being expended on the Manager's Clerk, why wasn't a twenty minute explanation of the filings given at the weekly department head meeting so that the department heads could explain to the employees within their departments what the expectations of the filings were. I'm also wondering if our new conflict of interest code has been written so that people know what is expected of them for next year. Annual filings are from January I' to December 3 l st with an April 1" deadline for submittal, and the town code that is used is the one the employees have been working under. Also the new code should place the Manager's Clerk on the list of filers. Any department head that helps set policy and will benefit monetarily from that policy is to be included in the filings. Anyone who would purposely try to eliminate an elected position from its very own government should be one who has to address the issue on a form 700. There seems to be a very definite conflict between the people's rights to an elected position serving their needs and a resident blithely agreeing to eradicate that election process for monetary gain. In these particularly troublesome times when we have had attacks on our country and our young men, brothers and fathers are being sent overseas to defend the rights of others to have a simple vote for electing their representatives, it is untimely for our Council to eliminate the rights of its very own citizens to elect a mandated position that the state has guaranteed will serve them in certifying and authenticity and validity of their government's daily affairs. It is also been pointed out to me that the Manager's Clerk may not have been hired following the Town's personel rules as reflected in Town Code and may have contracted with the Town which would also require a form 700 filing. My name has been used in legal publications last week and I mentioned back in December that no one can use my name unless I authorize its use. I cannot certify whatever was placed in the paper without all the backup information I have requested. The only records I could certify to are those I was personally responsible for the last sixteen years. What you have done to this elected office is shameful and I can in no way certify at this time. I have not been able to watch the Legislative record formulate, develop and come before the public and Council. I have not watched its acceptance and completion, and I can't believe you have the nerve to ask me to put my name to and swear to the authenticity of nothing. I have had to go to work and take another job. You offer no compensation and I am unable to draw my retirement since the Public Employees Retirement System views my elected position as a full time office. I can not be in your office from 8 to 5 and your attorney and manager's staff have informed me I can not work in the Town Hall at any other time. You have not issued me a key, or a phone. The space you gave me to sit at is impossible to move in. For all your dedication to proper work spaces, you have not provided one for me. There is no budget and I do not feel that I owe you late night or early morning hours any longer. My Monday, Tuesday and Wednesday nights are full and occassional Thursdays. I will not work weekends or Friday nights. In fact my retirement of $2,200 a month will add up to $26,400 a year and $104,800 for fulfilling my full four year term. Quite a donation from a volunteer and decorative office holder.