Report Released On Alameda City Manager's Allegations

ALAMEDA, CA — An investigative report by an outside attorney that was made public this week concludes that Alameda City Manager Jill Keimach's allegation that her job was threatened during a controversy over the hiring of a new fire chief isn't supported by a preponderance of evidence.

In his 100-page report, Manhattan Beach attorney Michael Jenkins said it's clear that the recruitment and selection of a fire chief "was a consuming task" for Keimach last summer when "the City Council was involved
in and influenced by many matters unrelated to the fire chief selection."

Jenkins also wrote that, "The evidence does not support the conclusion that councilmembers were making unrelated demands on the city manager in order to set her up for failure in the event that she did not select their preferred fire chief candidate."

Keimach alleged that Vice Mayor Malia Vella and Councilman Jim 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.

Keimach, who was hired on a four-year contract on March 7, 2016, stuck to her guns and hired Rodriguez and he was appointed on Oct. 3.

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Keimach has admitted that she secretly recorded a one-hour conversation she had with Vella and Jim Oddie last Aug. 16.

Therese Cannata, one of two attorneys who are representing Keimach, said at an Alameda City Council meeting on April 16 that Keimach's tape recording was legal under Penal Code 633.5, which allows a person to
tape record a conversation when she reasonably believes it will obtain evidence related to commission of certain crimes, including bribery, extortion and felony involving violence against the person.

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

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

Liz Warmerdam, who had been the assistant city manager, currently is the city's acting city manager.

Although Jenkins said Keimach's allegation of undue pressure isn't supported by the evidence, he found that Oddie violated the city charter last July 31 when he sent a letter on city letterhead and signed in his official
capacity "expressing his strong recommendation that Keimach appoint Weaver as the new fire chief."

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Jenkins said Oddie's letter "does cross the line and falls squarely on the side of improper evidence."

Oddie said in a statement, "If I violated the charter by writing a letter of recommendation on behalf of a man I know well and believed would be a great fire chief, then, as the investigator's report recognizes, the charter needs to be changed."

Oddie said, "Ms. Keimach has caused harm to Alameda and its citizens. In an attempt to insulate herself from adverse employment action and preserve her job, she made unsupportable accusations regarding myself and
Councilmember Vella. Those accusations have now been largely rejected."

Vella said, "As Mr. Jenkins has concluded, the evidence does not support any of Ms. Keimach's baseless accusations that I improperly attempted to influence her selection of a new fire chief in violation of the city
charter."

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However, Cannata, Keimach's attorney, said a careful reading of the entire report "validates Keimach's claims that she was subjected to intense pressure by both Ms. Vella and Mr. Oddie to hire the firefighter union's candidate and she learned of specific threats to her future employment as city manager if she failed to succumb to the pressure."

Cannata said, "Jill Keimach feels vindicated that the central core of the accusations, which state that she was threatened to hire Weaver to ensure 'labor peace' were substantiated."

Cannata also called for the city to release the tape recording of the Aug. 16 meeting.

— Bay City News; Image via Patch Archive