Politics & Government

Judge Denies Requests Made by Councilwoman Giordano in Lawsuit

A Santa Clara County Superior Court Judge Friday afternoon denied Giordano's requests for expedited delivery of key card information and video surveillance of Mayor Esteves and fellow Councilmember Armando Gomez.

Update, 3:47 p.m.: A special meeting of the City Council has been scheduled for 6 p.m. on Wednesday, Jan. 4. The Council will be consulting with legal counsel regarding pending litigation, Giordano vs. City of Milpitas.

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Just hours after Milpitas City Councilmember Debbie Giordano and her lawyers filed a lawsuit against the City of Milpitas in Santa Clara County Superior Court Friday morning, Judge Patricia Lucas responded by issuing an order denying her petition for emergency consideration by the court of a request for security camera videos and key card security logs from Milpitas City Hall, detailing the activities of Mayor Jose Esteves and fellow City Councilmember Armando Gomez.

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In her suit, of misusing City Hall for personal, private purposes, and of failing to comply with the City's Open Government Ordinance, enacted in 2005, which requires them to detail all meetings they partake in as City representatives on public calendars.

The City of Milpitas opposed the lawsuit on the grounds that information about the specific times, dates and circumstances of City officials entering and exiting City Hall "might reveal patterns that persons with a grudge against such officials might use to engage in physical confrontations or pose other personal safety dangers."

Judge Lucas ruled that there were insufficient grounds for an emergency courtroom proceeding on the request.

The judge also stated that the in-house City Attorney’s Office of the City of Milpitas would need time to possibly retain outside lawyers and to brief the City Council on the lawsuit, entitled Giordano v. City of Milpitas.

Find out what's happening in Milpitaswith free, real-time updates from Patch.

The Court therefore granted the City’s request for a standard briefing schedule and set a hearing on the matter for February 7, 2012.

Patch will continue to update this story as additional information becomes available.


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