No Wrongdoing In Secret Alameda Recordings: DA

ALAMEDA, CA —The Alameda County District Attorney's Office has concluded after a lengthy investigation that former Alameda City Manager Jill Keimach didn't break any laws when she secretly recorded two councilmembers during a meeting about hiring a new fire chief.

In an 11-page report it released late Friday, the District Attorney's office said, "There is insufficient evidence to prove a criminal violation of California state law beyond a reasonable doubt" when Keimach recorded Councilwoman Malia Vella and Councilman Jim Oddie on Aug. 16, 2017, without their knowledge or consent.

Prosecutors said California law allows recording a confidential communication "under the reasonable belief that the communication would relate to certain criminal conduct, including bribery or extortion."

Keimach alleged that Vella and Oddie pressured her to hire fire Capt. Domenick Weaver, the past president of the city's firefighters' union, instead of her preferred choice, Salinas Fire Chief Edmond Rodriguez, who she
ultimately selected for the job on Oct. 3, 2017.

The District Attorney's report says Keimach made the decision to record the meeting with Vella and Oddie after Alameda Police Chief Paul Rolleri told her that "Oddie had told him directly that unless she hired the
right person as fire chief there were two votes to fire Keimach and that they would get the third vote."

However, Oddie, who is running again in the Nov. 6 election, denies he made that statement, the report says.

The District Attorney said, "It is important to note that the content of the August 16 (2017) meeting does not establish the crime of extortion or bribery by either Councilmember Vella or Oddie. However, the meeting did concern the selection of the fire chief and both Councilmember Vella and Councilmember Oddie supported and recommended Capt. Weaver as the next fire chief."

The report says that although Vella and Oddie didn't engage in bribery or extortion, "Ms. Keimach's belief that recording the meeting may gather evidence related to such conduct was not unreasonable considering all
the circumstances."

The Alameda City Council put Keimach on leave on March 9 after it learned of the secret recording and later asked the District Attorney's Office to review the secret recordings.

The council considered firing Keimach at a meeting on April 16 but instead voted to keep her on paid administrative leave.

Keimach quit her post on May 15 when she and the council agreed on a $945,000 separation agreement after two days of mediation.

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— Bay City News; Image via Shutterstock