Verbal - Cosgrove AffidavitTOWN OF LOS GATOS
OFFICE OF THE TOWN CLERK
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 2
Los GATOS, CA 95031
AFFIDAVIT OF CER
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA) SS
TOWN OF Los GATOS )
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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.
REGARDING:
-At aAaO -
MARIAN V. COSGROVE, TO N LERK
TOWN OF LOS GATOS, CALIFORNIA
JANUARY 17, 2006
FILING OF FAIR POLITICAL PRACTICES COMMISSION
FORM 700 FOR THE YEAR 2005
In November of 2004 a deputy of the elected town clerk asked the elected town clerk if the deputies
of the town clerk could give the town clerk a departing gift. These deputies knew that the town clerk
had been re-elected, but they had accepted the fact that the manager had taken charge of the clerk's
office in June of that year.
The senior deputy clerk had verbally contracted with the manager to rid Los Gatos of an elected town
clerk without putting the question to a vote of the people which is required by state code for all
General Law cities such as Los Gatos.
The town clerk, elected by the people for five consecutive terms, considered a knowledgeable
professional with full certification and college degrees in public administration, was locked out ofthe
clerk's office by the past senior deputy clerk who had changed the locks and moved the files. This
was with full support and approval of the current elected council.
Form 700 FPPC Page 2
The town clerk told the manager's staff that under the circumstances no gift was expected, wanted
or appreciated from the deputies, the manager or the council. Having stolen the Elected Town
Clerk's position from the people underhandedly, with only three days notice, the town clerk could
see no reason to accept or celebrate any form of congratulations from any of the so called
representatives of the people. These underhanded and devious actions have been developed and
propagated by the league of California cities and the associations of area governments. We no longer
have a government of the people but a government of an association of managers and attorneys.
The drive to eliminate the elected town clerk in Los Gatos was begun twenty years ago when the
current manager was the assistant manager of our town. The procedures to slowly eliminate all state
mandated powers from elected officials has been an ongoing movement for many years. The theories
that elected officials can't possibly know all that is necessary to run an organization is unfounded.
Our federal and state governments were established on acknowledging the rights of each individual
citizen to have the opportunity to run for public office and to be heard and respected while holding
that office.
The town clerk's office is based on the rights of all citizens to have access to the business of the
people. This thesis was established in the California public records act and is upheld in the mandated
duty established in state code that the town clerk has custody of all legislative action. The town clerk
constantly informed the deputies in the office that the custody of the town's records was mandated
to the elected town clerk and that they owed the people of Los Gatos due diligence in supplying the
requested documents and information. Many times the town clerk stepped in to make those records
available, as was her duty in following the state law regarding access to the people's business.
The clerk's deputy who asked if the town clerk would accept a gift from the office staff was told no
by the town clerk. The deputy asked if the town clerk would have lunch with two deputies and the
answer was yes. The lunch never materialized, but the deputy brought a prettily wrapped book for
Thanksgiving which was accepted and put away to put under the Christmas tree.
Christmas came and went with many gifts being placed under the tree. The little gift was forgotten
until the Christmas tree was taken down about this time last year. The gift was discovered behind
the tree and opened, and found to be a lovely book with messages from the heart which the town
clerk appreciates and will keep. Inside the book was a monetary gift card from the senior deputy and
deputies. The town clerk had made it clear that a gift would not be accepted or honored from those
who had manipulated the people's rights. It was audacious of the manager's clerk, the prior senior
deputy, to offer anything in friendship, honor, respect, or in understanding of what the elected
position of town clerk stood for.
The current town clerk wants nothing from that person. The historic position of a full time Elected
Los Gatos Town Clerk has been held for117 years. The current manager's clerk has turned the proud
history of Los Gatos into a farce for her own personal gain. The ridiculous uneducated manipulations
by that person during the last election could alone create a book. The Los Gatos Elected Town Clerk
is therefore returning this gift card and submitting this year's Form 700 as required by the Fair
Political Practices Commission.