Verbal - Affidavit of CertificationTOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
CIVIC CENTER
110 E. MAIN STREE'T'
P.O. BOX 2
Los GATOS, CA 95031
AFFIDAVIT OF CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA) SS
TOWN OF LOS GATOS )
TOWN MRCIL
MEETIN6
DEPUTY TOWN CLERK
OAT E , x,,10,
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 6TH, 2004 AND HAS RECEIVED
INSUFFICIENT INFORMATION TO CERTIFY ANYTHING BUT THE NOVEMBER ELECTION OF 2004.
MARIAN V. COSGROVE, TO CL K
TOWN OF Los GATOS, CAL ORNI
MAY 2, 2005
BACKGROUND
The Office of Town Clerk reiterates that the first quarterly report from the Manager's
administrator, required by Council's resolution, was un-certifiable January 31, 2005 just as the
latest request is un-certifiable by the Office of Town Clerk.
The original request from the Office of Town Clerk was for the following information which is
imperative to have for certification of the Town's legislative action.
From December 6, 2004 until the present :
* Working agendas for all Council meetings
Including any information on annexations, publications, conflict of interest,
anticipated elections and publishing and receiving of bids
* Final Council agendas and any amendments
* Council packets and any amendments or desk items
* Submittals to the packet from the public
BACKGROUND CONTINUED
* Submittals under verbal communications
* The ability to check the copies offered to the Office of Town Clerk against those filed by
the Manager's administrator
* The finalized agreements, contracts, recordings, letters of agreement, and promissory
notes of security that are attached to the Legislative action
* The minutes of all meetings that contain legislative action
* Recordings of those meetings so that the Office of Town Clerk can certify that all of the
people's business was followed through to completion
* Review of the final attachments to certify that those were the ones that appeared before
Council at a public meeting
* Access to the Office of Town Clerk's Index of Town records which should show the
inception and conclusion of the anticipated action in the working agendas to the final
conclusion of the legislative action.
* This index should be up to date and follow the established filing protocols of ARMA
International
The Office of Town Clerk requested that this information be made available back in November of
2004. The request was that these records be made available to the Town Clerk as they had been
available to that Office during the prior sixteen years. They were not. The Town Clerk waited
until January 2005 for some efforts to be made to make these documents accessible in the location
in which they were stored. They were not made available, nor were they placed on the Town
Clerk's desk. They have still not been mailed, placed on the Clerk's door step, left in the police
department or in the library for review. No effort whatsoever has been made to supply the
documents needed to certify any legislative action. Five months have passed and the time needed
to review any of this paper work will require twice what would have been normally needed.
The Manager's administrator can certainly mail whatever the manager and attorney tells the
person in that position to mail, but the Office of Town Clerk cannot certify the records mandated
by the State of California to be in the custody of the Office of Town Clerk if these records are not
made available to the position responsible for them.
Had there been any cooperation from management, normal business hours could have been
negotiated, but by removing all access to the records in the custody of the Town Clerk's Office,
and by placing them in the hands of the Town Manager, Council has violated the Constitution of
the State of California and the laws under which a General Law City has been mandated to
operate. The government of the people of Los Gatos has been tampered with by the very people
they trusted to uphold the Oaths of Office they had taken. An elected position, voted for by the
people has been taken away inappropriately and placed under the Manager's jurisdiction without
the people's approval. The elected Office of Town Clerk cannot even pretend to agree to such a
farce without the support of the people.
One other option can be practiced by making all records available to the Office of Town Clerk at
the regularly scheduled Council meetings. The packet can be prepared and handed to your
elect3ed clerk at that time and the response to those records can be given to the people at the
following meeting. In that way the Manager's administrator can give complete quarterly reports
with full answers given to the Office of Town Clerk in the report submitted to Council at their
legislative meeting covering the certification of the completion of the legislative actions of the
people's business.
TOWN OF LOS GATOS
CLERK DEPARTMENT CW1c C em
110 E. MAIN STREu
P.O. Box 949
Los GATOS, CA 95031
CERTIFIED MAIL #7004 2510 0005 1533 8293
RETURN RECEIPT REQUESTED
January 24, 2005
Marian V. Cosgrove
Town Clerk
P.O. Box 2
Los Gatos, CA 95031
RE: CLERK ADMINISTRATORS REPORT
Dear Marian:
The first quarterly report from the Clerk Administrator, which is required by Resolution 2004-
135, will be ready for your review and certification on January 31, 2005.
Please advise if you would like me to mail it, and the attached exhibits, to the above address or
leave it in your in-box for the next time you are in the office.
Looking forward to nearing from you.
Best regards
cc: Debra Figone, Town Manager
Orry Korb, Town Attorney
INCORPORATED AUGUST 10, 1887
TOWN OF LOS GATOS
CLERK DEPARTMENT CMC CSR
110 E. MAIN STREET
P.O. Box 949
Los GATos, CA 95031
CERTIFIED MAIL #7004 2510 0005 1533 8408
RETURN RECEIPT REQUESTED
April 5, 2005
Marian V. Cosgrove
Town Clerk
P.O. Box 2
Los Gatos, CA 95031
RE: CLERK ADMINISTRATORS REPORT
Dear Marian:
The second quarterly report from the Clerk Administrator, which is required by Resolution 2004-
135, is ready for your review and certification.
Please advise if you would like me to mail it, and the attached exhibits, to the above address or
leave it in the vault with the first quarterly report which has not yet been signed.
Lookinia forward to hearing from you to arrange a time, during normal business hours, or if you
would like the two reports mailed to you.
Best regards
MarLyn J. Rasmussen
Clerk Administrator
cc: Debra Figone, Town Manager
Orry Korb, Town Attorney
INCORPORATED AUGUST 10, 1887
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