Petaluma City Attorney Lied to Constituents at October 7, 2024 Council Meeting Regarding Open FPPC Investigations
City Attorney Eric Danly was informed by Climate Action Commissioner Panama Bartholomy & Councilman Brian Barnacle that the FPPC was investigating them - Danly claimed all complaints were dismissed
On October 21, 2024, City of Petaluma, California, City Attorney Eric Danly sent me the following email:
Mr. Danly stated within his response:
‘My comments at the October 7 Petaluma City Council meeting addressed your public remarks in public comment a little earlier the same evening. Here is what I said:
First I would like to briefly comment on what we heard from Ms. Flores, and this is to underscore the City’s commitment to transparency and compliance with the ethical laws and regulations that apply to City of Petaluma officials, not Ms. Flores referred to complaints that she’s filed with the FPPC. I’m aware of three that involve Petaluma public officials. All of those have been dismissed by the FPPC because, assuming the facts they include are true, it is clear from the face of the complaints that they could not be a basis for supporting a violation of the ethical laws, either Section 1090 or the Political Reform Act. We are fortunate in Petaluma that our Council members and appointees are very conscientious about their ethical obligations, and my office will continue to work hard to be available to advise them regarding questions they have and to ensure that they are able to carry out the important work they do on behalf of the community without fear of being undermined in those efforts by meritless charges of ethical violations…’
On October 22, 2024, I received the following response from Mr. Danly:
Ms. Flores,
Regarding FPPC complaint matters, as the Petaluma City Attorney's Office, our focus is generally on complaints involving City officials or employees involving City decisions and regarding which the respondent has consulted with us. I don't believe it is necessarily our role to comment regarding matters not involving City of Petaluma decisions and involving other agencies, again unless our office is consulted.
Consistent with that we were aware of and focused on the three complaints to which I referred in my remarks on October 7 and my subsequent letter to you on October 21. We submitted a letter to Jaleena Evans with the FPPC concerning complaints COM-09132024-0353 and COM-09132024-03071 regarding Council Member Barnacle. A copy of that letter is attached. Presumably as a result of our correspondence, Ms. Evans shared the FPPC complaint rejection letters regarding complaints COM-09132024-0353 and COM-09132024-03071 directly with us. Copies of her transmittals are attached. Commissioner Edminster shared the FPPC complaint rejection letter with us regarding complaint COM-09132024-03074 regarding her.
You have asserted that you have filed other complaints with the FPPC concerning Petaluma officials and I am not disputing that. My remarks have been focused on complaints involving Petaluma decisions and about which we have been consulted.
Thank you.
Perhaps, Mr. Danly has a severe case of amnesia regarding his lack of ‘awareness’. This is gravely concerning since our tax dollars are attributed to his active employment as the City’s legal representative.
On September 12, 2024, the FPPC notified me that a case had officially been opened for Commissioner Panama Bartholomy. The letter was sent to the following parties aside from myself:
Climate Action Commissioner Panama Bartholomy, Founder of Building Decarbonization Coalition
Councilman Brian Barnacle, Director of Strategy & Development, Building Decarbonization Coalition
Bay Area Air Quality Management District Attorney Alexander Crockett
On September 15, 2024, Petaluma Climate Action Commissioner Panama Bartholomy sent the following email to City Attorney Danly, City Clerk Caitlin Corley and copied his Attorney, Donald Simon.
On October 4, 2024, Councilman Brian Barnacle sent the following email to Bay Area Air Quality Management District Attorney Crockett and copied City Attorney Danly.
On November 14, 2024, I was informed by the FPPC that my sworn complaint, COM-10032024-03593, was added to an existing case opened regarding Councilman Barnacle.
Mr. Barnacle obtained Mr. Gary Winuk as his legal representative as cc’d within the letter. Mr. Winuk was the Chief of the Enforcement Division at the Fair Political Practices Commission from 2009-2015.
Per the FPPC guidelines regarding sworn complaints:
‘Within 14 days of receiving your sworn complaint, the Enforcement Division will inform you how it intends to proceed. Please be advised that unless the Chief of Enforcement deems otherwise, within three business days of receiving your sworn complaint, we will send a copy of it to the person(s) you allege violated the law.
A sworn complaint found to have merit will be assigned to staff in the Enforcement Division for a full investigation. The division may obtain additional documents, issue subpoenas, and interview witnesses, including the person alleged to have violated the Act.’
Because Mr. Danly was fully ‘aware’ that multiple cases were opened about Petaluma’s appointed and elected officers, why did he intentionally lie to the general public? Does Mr. Danly have a personal interest in the endeavors of the Building Decarbonization Coalition, and did he engage in election interference by intentionally denying any wrongdoing of Councilman Barnacle and Climate Action Commissioner Bartholomy?
“He who justifies the wicked and he who condemns the righteous are both alike an abomination to the Lord.” -Proverbs 17:15
City Attorney Engaged in Election Interference by Providing Misleading Statements to the Public Regarding FPPC Investigations of Petaluma's Representatives
On October 9, 2024, I sent the following email to City Attorney Eric Danly, Council and Staff for the City of Petaluma, California:
Love it! ISO love it that you put the people that are supposed to know what the f*** they're doing that they don't know what the f*** they're doing and that You prove it!!! I think an ethics complaint should be filed with the bar on mr danley.
He thought he could weasel his way out of that one like they all do on the city counsel. I’m also glad someone is out here showing them what they’re doing is noticed and is no longer “flying under the radar” and they will be caught with their hands in the honey pot.