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CC 04-02-2025 Item No. 1 Closed Session - Public employee performance evaluation for City ManagerCC 04-02-2025 Item #1 Closed Session - Public employee performance evaluation, City Manager Written Communications From:Jean Bedord To:City Clerk; City Council Cc:Cupertino City Manager"s Office Subject:Agenda Item #1, Performance review for City Manager, Closed Session Date:Wednesday, April 2, 2025 1:15:13 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please include this in Written Communications for the April 2, 2025 city council meeting ---------------------------------------------------------------------------------------------------------- Good evening, Mayor Chao, Vice Mayor Moore and Councilmembers I am voicing my objection to this performance review for our city manager. She had a performance review on Nov. 19, 2024, roughly four months ago. This new performance review was suddenly scheduled this week. I’ve done my share of performance reviews, and they are usually done annually based on accomplishments over the course of the year. By that standard, our city manager has done a remarkable job over the past two and a half years. Approval of the Housing Element to regain local land use control Resolution of the CDFTA sales tax reallocation with minimal reduction of city services Legal settlement to allow Vallco/SHP to start moving ahead to develop the unsightly vacant 58 acres in the heart of the city. Our city manager has provided very needed continuity for our staff – turnover is down. Senior staff have expressed confidence in her leadership. Let’s contrast that with happened previously. As reported in the August 15, 2022 issue of Cupertino Matters, Pamela Wu was the seventh city manager in four years, from 2018 to 2022. How can staff be productive when they have a new boss every six months? How can city programs be efficient with constant turnover of management and staff? For the last four months I have observed an increase in harassment of city staff, particularly the city manager. Mayor Chao, Vice-Mayor Moore and Councilmember Ray Wang seem to be continuing their previous patterns of harassment. These misbehaviors have been costly: Mayor Liang Chao was instrumental in the firing of Cupertino Union School District superintendent Wendy Gudalewicz in 2017, after she was elected to the CUSD board. This cost CUSD $285,563. Leaders of Cupertino Union School District to ‘Release' Embattled Superintendent Then in 2022, Vice-Mayor Liang Chao was sanctioned by the Cities Association and the Round Table for harassment of City Association Executive Andrea Jordan, who originally sought $441,000. According to LosAltosOnline, On Nov. 19, 2021, Jordan received the results of a nine-month investigation into her claims. The investigation allegedly concluded that Enander, Lee Eng, Cupertino Councilmember Liang Chao and Mountain View Councilmember Lisa Matichak had engaged in “unlawful harassment” and they were supposedly banned from participating in the association. Executive Director Andrea Jordan sued the Cities Association for this behavior, and has received an $180,000 settlement from the fifteen cities belonging to the Association. The City of Cupertino paid her $8,030 (through her attorney, Cathy Arias Law) on June 17, 2022, as its share of this harassment settlement. Cities Association dues rose for all cities as a result. Vice-Mayor Kitty Moore was specifically cited for councilmanic interference in the Santa Clara County Civil Grand Jury report, “A House Divided: Cupertino City Council and City Staff,” which investigated multiple complaints about council behavior toward city management and staff. These findings, which also included Mayor Chao and Councilmember Ray Wang in his role as planning commissioner, were validated by an independent investigators report. This was described by San Jose Spotlight in an article entitled Cupertino leaders accused of berating city staff Councilmember Ray Wang has threatened lawsuits against three residents, including your publisher. San Jose Spotlight highlighted his behavior Cupertino commissioner threatens lawsuit for Nextdoor posts. Wang has a history of harassment as reported by San Jose Spotlight in an article entitled Cupertino policymaker in hot water for past harassment lawsuit. Why would the council majority destabilize city management by their constant harassment? It’s the same harassment that the Civil Grand Jury found in its report and that was further verified by the independent investigator. Too much time and attention is wasted on insignificant matters. The noise about the Sister City programs is wasted time and energy. The volume of emails is overwhelming. The constant micromanagement negatively impacts experienced staff, leading lower productivity and increased turnover. I am concerned that this council has created a hostile work environment, and that impacts residents. It’s time to drop this kangaroo court, and start creating a positive environment. Concerned resident, Jean Bedord From:Munisekar To:City Clerk; Liang Chao; Kitty Moore; R "Ray" Wang; R "Ray" Wang Subject:Subject: Public employee performance evaluation; Title: City Manager; California Government Code Section 54954.5(e) and 54957(b). Date:Tuesday, April 1, 2025 9:23:49 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Chao, Vice Mayor Moore and City Council, I want to get this to your purview as I saw the agenda item in the subject for April 2nd meeting, June 21, 2023: During this city council meeting Council member Liang Chao asked a question to the city manager during Agenda Item 7 discussions. The City Manager Pamela Wu arrogantly responded "I refuse to answer the question"; watch the recorded video (3:20:00 to 4:05:00 timeline) of Agenda Item 7. I was shocked to see the City Manager Pamela Wu's attitude in answering the city council's questions. As per the ORG chart for the city, she reports to the city council. Her response is pure insubordination and is a fireable offense. In any private job, if you say to your manager "I refuse to answer the question", you will be instantly relieved from work. That is exactly what Pamela said to a question from Liang Chao. Please watch the video for proof. We cannot tolerate such an attitude and behaviour by the staff towards the city council. As a taxpayer, contributing to her salary, I was shocked to see such behavior. June/July 2023: As deeply impacted by discriminatory SB403 law against the Indian American community, we were trying to get SB403 on the city council agenda. The city manager was trying to do everything to avoid putting SB403 on the agenda with excuses like the agenda is full till December and we could add it to the agenda in December. What is the point of adding to the agenda when the law was being voted on in Sacramento in August 2023? Did she think the Indian American community is dumb? We had to work extra hard to lobby the council to put this on the agenda using the Citizens Petition approach. If the city government couldn't address the needs of the community, why do we need it? I don't think the City Manager cares about the community that pays her salary. Additionally, Pamela Wu is the first ever city manager in Cupertino City history to make trips to Taiwan and India on Taxpayer dime under the sister city disguise. This has never happened before. Historically, the mayors do ceremonial visits to sister cities; not the city staff. I want the city to publish what was accomplished by Pamela Wu on these trips costing our taxpayer dollars. I have also witnessed on several occasions Pamela Wu's incompetence and mishandling of city issues. Under her leadership, very little gets done by staff and it feels like the city council and the commission's report to the staff. Many times I felt like Cupertino city is being run like a communist government with Pamela Wu at the helm. Please take my feedback into consideration in evaluating her performance. We need a city manager that can get things done and respect the will of the voters by following the guidance from the elected body. Thank you Muni Madhdhipatla Cupertino Resident Representing myself. From:Pamela Wu To:Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; R "Ray" Wang Cc:Floy Andrews; Michael Woo; City Clerk; Serena Tu Subject:4/3 closed session item #1 - City Manager"s Perf Eval Date:Tuesday, April 1, 2025 9:33:39 AM Attachments:image001.png City Manager Evaluation Report (CONFIDENTIAL PERSONNEL MATTER).msg Mayor Chao, Vice Mayor Moore, and Councilmembers, I understand that a closed session discussion about my performance evaluation is scheduled for this Wednesday, April 3. Per my current contract, Section 5.2 provides the framework of such evaluation: That said, I’ve truly enjoyed working to support the Council in my capacity and I am looking forward to our conversation on Wednesday if the following can be provided for transparency purposes: The last eval was concluded late November (summary attached), is this the 2025 annual review? If this is the 2025 eval, would I be expected to summarize only Dec – March accomplishments? If this is the 2025 eval, has a third-party facilitator been identified? Section 5.2 states that such facilitator should be mutually accepted, and I have yet to be notified of this discussion. Per Section 5.2, specific evaluation criteria should be mutually developed. What are the specific criteria for such evaluation? I have yet to be notified of this discussion. Lastly, please confirm if I should expect to be present with any supporting document during the April 3 meeting. I appreciate the Council for taking the time to consider such an important event. I look forward to a collaborative and productive discussion. Sincerely, Pamela Pamela Wu​​​​ City Manager City Manager's Office PamelaW@cupertino.gov (408)777-1322