What additional steps can we take to push for more transparency from Fremont's leadership? 

1. Please share the petition with other residents and help educate them on how the way Danaj's termination ("resignation") was handled and the mayor and council hiding behind an NDA to keep taxpayers in the dark is not only inappropriate, but unethical. The more the community is aware, the more likely our city leaders will feel the pressure to be transparent with the community that elected them.

2. Send a letter to your city council member (and CC) the other council members. 

Teresa Cox tcox@fremont.gov

Teresa Kang tkeng@fremont.gov

Raj Salwan rsalwan@fremont.gov

Jenny Kassan jkassan@fremont.gov

Rick Jones councilmemberjones@fremont.gov

Yang Shao yshao@fremont.gov

Here is a sample letter. Feel free to copy/paste, modify or create your own that expresses your concern and/or disappointment with how this issue was handled.

Dear Councilmember [name],

I am a Fremont resident in your district writing you to express concern with regards to the lack of transparency surrounding the recent "resignation" of City Manager, Mark Danaj. I understand that his hiring was initially controversial given his previous track record at the City of Manhattan and Santa Clara. His termination is now shrouded in secrecy by a non-disclosure clause in his separation agreement signed by Mayor Mei. This is an injustice to the taxpayers of Fremont. Not only is this confidentiality clause unethical and in bad faith towards our community as its explicit purpose is to shield the public from knowing the details surrounding his immediate dismissal, it is also in violation of the Brown Act, specifically CA Government Code 54957.1(7)(b) and Code 54957.1(7)(e), which stipulate no legal action can be taken against any member of council who discloses information protected by the Brown Act, and protects the public’s explicit right to have access to separation agreements adopted in closed sessions.

In fact, there are criminal penalties for actions taken by members of the legislative body with the intent to “deprive the public of information to which the member knows or has reason to know the public is entitled” by the Brown Act. The adoption of this non-disclosure clause falls into this category. 

It is my hope that you will uphold the duty to which you swore an oath to the public that elected you, and be forthcoming with the residents of Fremont in regards to the reasoning behind Danaj's dismissal, why he was paid over $300,000 in severance when his hiring contract stipulates that he should receive no package if his departure is due to resignation, and what prompted the board to push to relieve him of his duties.

This letter is to request in writing that the city council cure and correct the violation of depriving the public of information to which it is entitled, by formally nullifying the NDA which stands in violation of the Brown Act.

In an effort to restore public trust, we urge you to hold a public forum in which city council can address the public's concerns in regards to Mr Danaj's employment and termination with City of Fremont, and that you will openly push for an independent audit of Mr Danaj's tenure so the community can have full transparency into city hiring and spending, and that we may use the findings to ensure that funds are allocated ethically and responsibly going forward. Can we count on you to show your commitment to your community by standing for our right to transparency?  

Thank you,

[your name]

3. You can write to the Alameda Count District Attorney, Nancy O'Malley, whose office is in charge of enforcing California government codes.

Email: nancy.omalley@acgov.org  and CC:  info@alcoda.org

Dear Attorney General Nancy O’Malley,

We write to inform you of a recent action by Fremont City Council, Mayor Lily Mei, and interim City Attorney Debra Margolis that is in violation of the Brown Act, and we ask that your office in its official capacity, formally request for the City of Fremont to cure and correct this violation.

On 9/28, the city announced the sudden resignation of Fremont’s City Manager, Mark Danaj, paying him a severance package worth over $300,000. The Mercury News reviewed the hiring contract and separation agreement, and reported that Danaj should only receive severance if he was terminated, yet received a severance package despite resigning and the city not being contractually obligated to give him one. Furthermore, the separation agreement contained a non-disclosure clause binding city officials not to “disclose any information regarding the existence or substance of this agreement,” which is in violation of applicable laws, specifically CA Government Code 54957.1(7)(e) which entitles the public to access to documents adopted in closed sessions, and Code 549.57.1(7)(b) which stipulate no legal action can be taken against any member of the legislative body who discloses information protected by the Brown Act.

We believe that the public’s right to transparency is being violated by this non-disclosure, and we appreciate your support in helping us have this violation cured and corrected.

Sincerely,

[your name]