*Please read the most recent update, as Mark Danaj has now been charged with embezzlement, and his case is being prosecuted by the office of Alameda County DA Nancy O'Malley, SISTER of Danaj's defense attorney.

Summary:

• Fremont announced City Manager Mark Danaj’s resignation 9/28
• Danaj is the highest paid city employee and received a severance package worth over $300,000
• Mercury News reports Danaj’s contract stipulates he would only receive a severance if he was terminated, not if he resigns.
• Why did city council pay severance when not contractually obligated to, then try to hide this information with a legally-unenforceable non-disclosure clause prohibiting Danaj and publicly elected city council members from discussing with public?
• This is a petition with 2 specific asks of city council for a public transparency forum and an independent audit in order to restore public trust.

Details:

Fremont City Council is obstructing the public’s ability to understand the details surrounding the resignation of City Manager, Mark Danaj, and possible malfeasance by Danaj, city employees, and/or members of city council.  By including a legally-unenforceable non-disclosure clause in the separation agreement signed between Mayor Lily Mei and Mr Danaj, this confidentiality clause violates CA Government Code 54957.1(7)(b) and Code 54957.1(7)(e) , known as part of the Brown Act, which stipulate no legal action can be taken against any member of council who discloses information protected by the Brown Act, and the public’s explicit right to have access to separation agreements adopted in closed sessions.  

Danaj was the highest paid city employee and in charge of the general operation of and use of funds for the City of Fremont. He came to Fremont under a cloud of scandal having been fired unanimously from the City of Manhattan Beach for creating management positions at lucrative salaries, which he then filled with former colleagues. These employment packages cost the City of Manhattan Beach over $1 million annually. 

After almost 3 years with Fremont including a merit raise in 2019, Danaj's resignation came suddenly; members of city council continue to refuse to answer questions due to the non-disclosure. Danaj’s hiring contract with City of Fremont stipulates that he would receive 1 year’s severance if he was terminated, but nothing if he resigns voluntarily. Despite the city issuing a statement that Danaj “resigned,” Danaj received a severance package worth over $300,000 which the city wasn’t contractually obligated to pay.

Why?

The people of Fremont have a right to know:

1.       Why the City of Fremont is paying over $300,000 to an employee whom they claimed resigned and whose contract did not obligate them to provide severance.

2.      If he didn’t resign and was forced out, we have a right to know from our publicly elected officials why they believed he needed to be relieved of his duties immediately.

3.      Why did Mayor Mei include this bad faith non-disclosure clause in the separation agreement, considering the sole purpose of an NDA is to prevent the public from knowing the facts? Why was it so important to use a contract maneuver to keep these matters in secrecy?

4.      What has been Danaj’s activities and appropriation of funds during his tenure between September 2018 to now, and what are the circumstances around his exit?

Call To Action

Please sign this petition if you want to stand up for our constitutional right to transparency from our elected officials. In this petition we ask for 2 specific actions:

1.      For City Council and Mayor Mei to no longer hide behind bad faith, illegal contract maneuvers and schedule a public forum immediately to address questions from the press and public about Mr Danaj’s exit in full transparency.

2.      To arrange for an independent audit of City of Fremont’s finances and activities during Mr Danaj’s tenure between 2018 and 2021, and the circumstances surrounding his dismissal/resignation.

We believe that by fulfilling these two reasonable requests, it would go a long way towards restoring public trust in our civic leaders. As taxpayers, we have a right to understand how our city funds have been used or misused, and to understand why our leaders are attempting to hide behind a bad faith, illegal non-disclosure clause to keep the community in the dark.

For more details about Mark Danaj and his resignation:

Mercury News article detailing Danaj’s shady past, severance package with City of Fremont, non-disclosure agreement: https://www.mercurynews.com/2021/10/01/fremont-city-manager-mark-danaj-may-forced-out-by-city-council/