https://n2v.almanacnews.com/square/print/2015/11/17/san-mateo-county-harbor-district-appoints-virginia-chang-kiraly
Original post made by Michael G. Stogner, another community, on Nov 17, 2015
Comments
for the better? Welp - two sides to every coin. Good luck SMCHD.
Virginia Chang Kiraly is a very bright person. She has an unfortunate habit of personally attacking people who have honest disagreements on policy. If she can channel her energies in a positive manner and be respectful of her fellow members then perhaps she will be a good addition to the Harbour District.
Board President Tom Mattusch, and Commissioner Sabrina Brennan also voted repeatedly for Edmundo Larenas, a Moss Beach resident who is the chair of the county’s Surfrider Foundation chapter. Larenas would have also been a great choice. Today's Daily Post article was misleading regarding the nomination process.
Kiraly doesn't have enough to do at the FD -- now she's at the Harbor District. She may or may not be capable, but pick one or the other -- it just looks politically grabby to wear two hats.
Edmundo Larenas was the clear choice. His service history to the coast is impeccable.
It was interesting to see the entire SSF city council + city manager attended the meeting in support of Virginia.
This is the same City where 2 crimes were committed on May 26, 2015 at the Harbor District Meeting
1) The Broadcasting Device owned by the Ullom brothers of Citizen Access TV was stolen.
2) SSF Deputy Chief of Police told John Ullom not to turn it back on until after the meeting was over.
It's great to see that one City is so interested in the Harbor District.
The Half Moon Bay Review does a good job covering the Harbor District.
An article about the appointment is online: Web Link
Has the Attorney General's office issued a written opinion that Ms. Kiraly can hold both seats without a conflict of interest? If Ms. Kiraly is eventually found to have been in conflict be serving on both boards, her tenure at the Fire District technically ended upon taking the Oath of Office for the Harbor District. That means every subsequent vote she would have taken for the Fire District would be invalidated. Without a written opinion from the District Attorney's office, Ms. Kiraly is gambling with tax payer resources. A verbal opinion from entities without legal jurisdiction mean little to nothing in this circumstance. Good government demands a written opinion from the Attorney General's office.
Apparently, the Harbor District Board members enjoy tormenting each other or why the worst choice? It seems that only Sabrina Brennan's bullsh*t detector was working Monday night. Those of us who know Ms. Kiraly know that she can recite all the facts and figures and does so with great aplomb. Her problem is that she does not work well with others and has serious anger management issues. If there is anyone who is not a team player it is Virginia Chang Kiraly.
Virginia is facing a conflict. Menlo Park fire now has an opening on their board. Virginia according to law can only sit on the last board which swore her in.
The applicable law:
"A public officer… shall not simultaneously hold two public offices that are incompatible. Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:...
(2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.
(3) Public policy considerations make it improper for one person to hold both offices."
Cal. Gov. Code § 1099(a)
From the websites of the Menlo Park Fire District and the San Mateo Harbor Commission:
"In 1989 the Menlo Park Fire District assumed the responsibility of providing aid to people using the water ways bordering the Fire District. This decision was the driving force for the implementation of a Water Rescue Team. After the annexing of the water ways and bay lands, the District started to form a water rescue team. In January 1991 the team activated for the first time."
Web Link
"The San Mateo County Harbor District was established in 1933 by a Resolution of the Board of Supervisors of the County of San Mateo...The County of San Mateo established the entire area of the County of San Mateo as the District's boundaries. " Web Link
Beyond the conflict that exists as a result of the Fire District clearly having jurisdiction to enforce the Fire Code upon the Harbor District's facilities and operations, there also is a clear jurisdictional conflict between the jurisdictions as the Menlo Park Fire District operates in the Harbor District's water ways.
Ms. Kiraly should immediately resign from the Menlo Park Fire Protection District Board and save taxpayers the money that will be spent on the process of removing her.
If Ms. Kiraly wants to verify there is no conflict she should ask the District Attorney's office or County Counsel's office to make a request for a written opinion from the Attorney General's office.
The Attorney General’s authority to issue opinions is controlled by Government Code section 12519.
Government Code section 12519 states:
“The Attorney General shall give his or her opinion in writing to any Member of the Legislature, the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commission, Superintendent of Public Instruction, Insurance Commissioner, any state agency, and any county counsel, district attorney, or sheriff when requested, upon any question of law relating to their respective offices.
I'm fairly sure it's at the County Counsel's office.
The FPPC and/or Attorney General may decide that serving on a countywide Special District and a three-city Special District is an incompatible office with overlapping and conflicting public duties. If this happens newly appointed San Mateo County Harbor Commissioner Virginia Chang Kiraly would be removed from the Menlo Park Fire District.
The consequence of holding an incompatible office is that the person is “deemed to have forfeited the first office upon acceding to the second.†(Gov. Code Section 1099(b).)
"Beyond the conflict that exists as a result of the Fire District clearly having jurisdiction to enforce the Fire Code upon the Harbor District's facilities and operations," - There is no physical overlap bewteen the MPFPD's jurisdiction and the Harbor District's facilities and operations.
" there also is a clear jurisdictional conflict between the jurisdictions as the Menlo Park Fire District operates in the Harbor District's water ways." The Fire District does not operate either of the in the Harbor District's harbors.
The Conflict of Interest subject was discussed before the nomination process started that evening.
The Harbor District is represented by the Law Firm of Hanson Bridgett LLP
The Harbor District is a countywide special district and could expand operations into the Menlo Park Fire District boundaries. For this reason Virginia Chang Kiraly has a conflict of interest.
Kiraly should have checked in with her moral compass before publicly stating that she intends to serve on two elected boards simultaneously. I expect higher ethical behavior from a past Civil Grand Jury foreperson.
The perception of Ms. Kiraly holding 2 elected positions, regardless of whether or not they overlap, is very troubling. There may or may not be a conflict of interest, but it just conveys the wrong message. She has positioned herself as a politician having run for more than her share of public offices.
She just needs to decide which job she wants more -- she shouldn't be able to do both.
If she wants to continue in a positive organizational and financial direction, Ms. Kiraly may need to distance herself from the "old guard" on that board. After watching the disappointing defeat of appointed incumbant Laura Martinez, we hope Ms. Kiraly can avoid stepping down from the fire board, only to lose the harbor board election in 2016.
Ironically Virginia Chang Kiraly made a big point about her "ethics training" during her interview for appointment to the the Harbor Commission.
San Mateo County LAFCo district maps show significant MPFPD sphere of influence overlap with SMCHD.
This question & answer was posted as a comment on the Half Moon Bay Review story:
Should Ms. Chang Kiraly have resigned from the Menlo Park Fire Protection District Board of Directors prior to the Nov. 17 MPFPD meeting?
Yes, as a legal courtesy to MPFPD, because she did not have a legal right to participate in the Nov. 17 meeting as a Director.
Half Moon Bay Review: Web Link
I watched the interviews on tape. Virginia, IMO, didn't interview as well as other candidates. The fact that two harbor commissioners (Bernardo and Parravano) nominated just her six or seven times; that seemed odd to me. Why didn't these two tenured commissioners nominate anyone else?
This is a popularity contest, Bernardo and Parravano need to stack the deck in their favor. In the last harbor district election, two challengers supported by Sabrina Brennan knocked out incumbents Jim Tucker and Will Holsinger. Robert Bernardo received only 48,331 votes (Web Link In the previous election, challenger Sabrina Brennan dominated with 120,654 votes, while incumbent Pietro Parravano received only 88,887 votes (Web Link Virginia Chang Kiraly may have some name recognition from the State Assembly race where she received 40,226 votes (Web Link
I remember she only received approximately 36% of the state assembly vote.
"36% of the state assembly vote" about right for the party affiliation around here
32%, if we're talking about this race
California's 21st State Assembly district election, 2006
Democratic Ira Ruskin 95,104 67.77%
Republican Virginia Kiraly 45,314 32.23%
Better than that other fellow who likes to sit on local districts for years, when he ran for various offices
California's 11th State Senate district election, 2000
Democratic Byron Sher (incumbent) 59.25%
Republican Gloria S. Hom 36.66%
Libertarian John J. "Jack" Hickey 4.08%
FPPC Enforcement Complaint
complaint@fppc.ca.gov
1-866-275-3772
How to Submit a Question of Law for AG Consideration
Web Link
Susan Duncan Lee
Supervising Deputy Attorney General
Office of the Attorney General
Opinion Unit, Dept. of Justice
455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102
Susan.Lee@doj.ca.gov
When the Attorney General rules that Ms. Kiraly can only hold the last seat she was sworn into then a vacancy will exist on the Menlo Park Fire Protection District. Scott Barnum would be the best choice to fill that vacancy.
If I'm not mistaken, the if the AG renders an Opinion, that is just what it is. Removal of an elected official can be by voters, or a court of law.
Absurd to be sitting on both districts. O one job - well.
No, Jack that's incorrect. The AG will make her decision and it must be followed by the candidate, Virginia. My guess is that Virginia will have to leave the fire board. I don't know if Kamila Harris has made a decision on this yet.
Some legislative issues effect every council, board and special district. For example, Ms. Kiraly will need to vote on allowing the next all-mailed election twice, one as a representative of each board.
