July 22, 2005

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Palo Alto Online

Council won't have Hillary to kick around any more

by Bill D'Agostino

In a reversal of some political insiders' expectations, controversial first-term Palo Alto Councilwoman Hillary Freeman reported Thursday morning she will not be running for re-election this fall.

"Really?" Mayor Jim Burch said, hearing the news from a reporter. "That is a surprise. That's going to make some waves in some people's minds." Freeman's impact on the nine-member council during the past three years is sure to be vigorously debated now that's she bowed out of the Nov. 8 election, and her decision leaves only two incumbents in the race for five seats. Supporters believe Freeman, the first black woman elected to the council, was one of the few members willing to stand up to staff and ask tough questions about city spending. But she was also a consistent source of headaches for her colleagues and city administrators, who felt she asked too many nitpicky questions and often failed to get consensus on her issues. The decision not to run for re-election, Freeman said, came after "many weeks of deep soul searching, much of it inspired by greatly appreciated community and family input." She had set up a Web site to gather public feedback on her decision. In an explanation for her decision not to seek re-election, Freeman said that the present structure of city governance constrains her "true persona" and leaves council members with only two options: rubberstamping the city staff's recommendations or rowing against the current. "I've been rowing against the current," she said. "What we really need is to change the riverbed so the current flows differently." Her solution: have a directly elected mayor who has more power over the city manager. Asked if she would consider running for such a post, if voters made such a change to the city Charter, she said she would consider it. But, she added, she would not "spearhead" the push for the alteration. Freeman, the top vote-getter in the 2001 election, has frequently been the sole no vote on a variety of issues, especially on city contracts, which she feels are not openly advertised enough. "I can understand if she's somewhat frustrated by that, but I think she has to bear somewhat of that responsibility," Councilman Vic Ojakian said. Freeman was also the source of much eye rolling from her impatient colleagues. At Monday's meeting, Councilman Bern Beechan closed his eyes and leaned back in his chair as Freeman questioned staff about a new city contract for a vendor to test automatic meter readers for the utilities department. Councilwoman Dena Mossar visibly laughed at Beecham's obvious irritation. Ojakian speculated that the defeat two years ago of Councilwoman Nancy Lytle, Freeman's closest ally on the council, might have also played a role in her decision. Freeman denied that was a reason. In 2002, Freeman's private study sessions with Lytle and Councilwoman Yoriko Kishimoto became a source of bitter controversy. Councilman Jack Morton wrote a memo in November accusing the three of violating the state's open government law through those private meetings, and also of burdening staff with their private questions. An outside attorney's assessment of the situation found no law had been broken, but criticized the private meetings and said the council had come "dangerously close" to violating the open government law, known as the Brown Act. The next year, voters removed Lytle from office. Both Morton and Kishimoto are running for re-election this year. Earlier this week, Morton said he did not regret writing the memo, which led to lawsuits from the Palo Alto Weekly and San Jose Mercury News. In settlements of the suits, the city agreed to make council members' private e-mails to staff public prior to council meetings. "We have a freer and more open council because of it," Morton said. Freeman, however, called it an "unfortunate misstep that will continue to surround Jack Morton." "It caused a larger diversion and gap in the ability for the council to operate in a civil and collegial manner," she said. Morton refused to comment on the news of Freeman's decision. "I have to be very careful, so I can't say anything," he said. Despite her leaving the spotlight of the City Council, Freeman said she would stay involved in city politics and city affairs. "I can say to people: 'You haven't heard the last of me,'" she said. The outgoing council member, whose term will end in January 2006, also said she will be working on growing a business regarding conflict resolution, which she is a partner. One of the businesses' aims is to "help officials understand and figure out ways that they can work together and honor differences," Freeman said. There are currently seven candidates who have announced they are running for the five spots on the council. Five others have taken out papers, but say they are undecided, including former Silicon Valley Bank CEO Roger Smith, who recently co-founded the nonprofit Friends of Palo Alto Parks. The filing period for the race began on Monday, and continues until Aug. 17.

Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com.

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