Last Tuesday’s councilmeeting was a real whopper. Councilman Jeff Herdman (who I lost the election to in 2016) admitted that he leaked confidential files to a lawyer (Phil Greer, who also unsuccessfully ran in 2016 against Will O’Neill) who is presently suing the city on behalf of people supporting the rumors begun by Councilwoman Diane Dixon and her friends, claiming that four or more councilpeople supposedly conspired to oust City Manager Dave Kiff, even though there wasn’t any evidence that more than 2 of them even spoke vaguely about Kiff’s planned departure– which is not only completely legal, but when a city manager departs– you should probably talk about it.
In this lawsuit, the only financial damages appear to be the fees for the lawyer himself.
Like Dixon, Herdman has routinely used his publicly-granted resources to advocate for ousting Mayor Duffy Duffield, in violation of campaign finance laws which prevent using public funds for campaign purposes– but this time, he took it a step further.
This time, Herdman– who swore to protect taxpayers against things like lawsuits– leaked confidential legal files to the attorney who is actually suing the city. Clearly implicating himself as conspiring with the lawyer, and even sending emails to our city attorney while sitting in front of the oppositions lawyer for coaching. One of Herdmans emails says, “Here’s [City Attorney] Aaron [Harp]’s response to the email I sent him tonight in front of you. Is this good?”
I wish I was making this up.
The documents were discovered after a Public Records Act request was anonymously submitted (which is illegal under Public Record Act Request Laws). The Council then had to vote to allow the documents to be seen by the general public by waiving the attorney-client privilege.
When caught in the act by a city records clerk, Herdman’s response was “I will be a great deal more [cautious] in terms of using my city email account vs. my personal email account.”, presumably meaning that when he does behavior like this in the future, he’s going to do it from his personal address, so he can avoid being caught by a records clerk.
Again, I wish I was making this up.
Herdman– convicted of a Fair Political Practices Committee campaign fund violation– joins Dixon in her effort to undermine the tone on council. Dixon is also caught up in an FPPC investigation that has so far cost her (at least) thousands of dollars in attorneys fees that she’s reported so far on her campaign filings.
Think that a councilperson who has sworn to protect our city conspiring with a lawyer who is suing our city is crossing the line when it comes to who is supposedly working for you? Email email@example.com and tell them that you want an investigation into this.