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	Reform Elk Grove: Recall Leary & Cooper
	by Sandi Russell
	At the last city council meeting (March 9th, 2005), I stood up to address the council regarding the recent Sacramento County Grand Jury report. The Grand jury issued a report on February 28th, 2005 detailing the abuse of office committed by Council members Jim Cooper and Mike Leary.
	Specifically, both men committed numerous violations of state law involving conflict of interest provisions. The Grand Jury determined that both had improperly tried to influence Council decisions regarding the County Sheriff's department. The city contracts with the Sacramento County Sheriff's department to provide law enforcement services within the city of Elk Grove. Both men are employed by the Sheriff's department as ranking deputies (Cooper a Captain and Leary a Sergeant). If that were not bad enough, the Grand Jury also found that both men actually voted on issues involving that same contract!
	In addition, the Grand Jury found that both men had repeatedly acted in an "unprofessional, abusive, and inappropriate" manner and concluded that their behavior was "improper and reprehensible."
	When confronted by these findings, the Sacramento County district Attorney, Jan Scully, issued a report, declining to move prosecution forward because she felt that the charges were not provable beyond a reasonable doubt. It should be remembered that Ms. Scully actively supported the campaigns of both men and works closely with their employer, Sheriff Lou Blanas. While there may have been valid reasons for her decision, the appearance of partiality cannot be ignored. At the very least, DA Scully should have referred the case to the State Attorney General. Whatever decision issued from that office would not have the stink of favoritism and the taint of partiality. It is also interesting to note that the District Attorney's report did not refute the findings of the Grand Jury; it simply said that securing a conviction would be difficult given the circumstances of the case.
	In closing, the Grand Jury's report challenged the people of Elk Grove to review the report "in determining the adequacy of the performance of their elected and appointed officials." It is now time for us to heed that call and take affirmative action to prevent this from happening again.
	When I addressed the Council, I asked for the following Actions:
	•	Both the City Manager and the City Attorney review conflict of interest provisions of State law with each City Council member
	•	Procedural safeguards be put in place to remind Council members during meetings if they might be involved in a conflict of interest situation
	•	When City Council members recuse themselves, they actually leave the Council chambers
	•	The Council adopt a Code of Ethics and Behavior within three months
	•	The public display of firearms, except by sworn law enforcement officers in uniform, will not be permitted.
	•	The Council acknowledge the Grand Jury findings and that Mr. Cooper and Mr. Leary publicly apologize to the City for their behavior
	•	The City Council put into practice the recommendations of the Grand Jury before May 31, 2005
	As others did that night, I also called for their resignation. I felt then, and still feel today, that Mr. Cooper and Mr. Leary can only and truly acknowledge their behavior as our elected representatives by resigning their seats. If they do not, I believe that it is our responsibility to force them from office through the Recall process.
	We got our answer that night. Mr. Cooper and Mr. Leary refused to take any positive action to atone for their "improper and reprehensible behavior." Instead, they continue to make statements placing the blame on others and never taking any responsibility for their own actions. They lay the blame on the City Manager, John Danielson, and the city Attorney, Tony Manzanetti, even though the Grand Jury report clearly says that "the City Attorney is commended for the actions he took to repeatedly advise Mr. Cooper and Mr. Leary on conflict of interest issues in the face of their abuse and intimidating behavior."
	Incredibly, Mr. Cooper told KCRA 3 that he wouldn't dignify the comments with a response. Mr. Leary has now offered a written statement that read: "The District Attorney's report and findings clearly state that I did not violate any state laws ... I will continue to perform ... my public service duties to the very best of my ability." (KCRA News, March 4, 2005)
	There are other reasons to consider a recall; both men are active participants in the City's efforts to reduce (and ultimately eliminate?) the scope and effectiveness of the Elk Grove Community Services District (EGCSD); both men have contributed to the combative nature of the City Council in it's dealings with other agencies. Both have been inattentive during or dismissive of public comment during City Council meetings.
	I urge you all to read the Sacramento County Grand Jury's Report (http://www.sacgrandjury.org/reports/04-05/SacramentoGrandJuryReport2004-2005.pdf) and the Sacramento County District Attorney's Report (http://www.da.saccounty.net/main/Elk_Grove_Report.pdf) to draw your own conclusions about the appropriateness of Mr. Cooper's and Mr. Leary's action while representing the City and people of Elk Grove. I, for one, believe that we must RECALL COOPER AND LEARY—REFORM ELK GROVE!!
	Sandi Russell is a community activist and long time resident of Elk Grove.
	The opinions expressed in this article are those of the author and do not represent those of the Elk Grove Insider or any other entity.
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