ALAMEDA — Former City Manager Jill Keimach did not break any laws when she secretly recorded two councilmembers during a meeting about the hiring of a new fire chief, according to an investigation by the District Attorney’s Office.
The 11-page report released late Friday concluded there was insufficient evidence to prove any criminal wrongdoing by Keimach, who recorded Councilman Jim Oddie and Councilwoman Malia Vella without their knowledge on Aug. 16, 2017.
In California, it is illegal to record another person without their consent, but state law allows recording confidential communications if there reason to believe it would relate to criminal conduct, including bribery or extortion. Keimach had alleged council members were pressuring her to hire a union-backed candidate, Capt. Domenick Weaver, as fire chief.
“Our investigation found that although such criminal offenses were not committed by either Councilmember Vella or Oddie during the August 16 meeting, Ms. Keimach’s belief that recording the meeting may gather evidence related to such conduct was not unreasonable considering all the circumstances,” the report stated.
Calls to Keimach, Oddie and Vella were not immediately returned Saturday.
“We are pleased the Alameda County District Attorney’s office vindicates a dedicated public servant, Jill Keimach,” her attorney, Therese Cannaca said. “The finding demonstrates that Ms Keimach told the truth.”
The DA investigation offers for the first time an independent review of the recording of the Aug. 16 meeting in Keimach’s City Hall office. Attorney Michael Jenkins, who conducted an earlier investigation for the city, relied on witness testimony and did not review the recording. Jenkins determined Oddie violated the city charter by recommending Weaver. Under the city charter, it is the city manager’s duty to hire a fire chief and public officials are prohibited from interfering.
Investigators in District Attorney Nancy O’Malley’s office concluded that during the Aug. 16 meeting both Vella and Oddie “supported and recommended Captain Weaver as the next Fire Chief.”
One notable discovery, according to the report, was confirmation that before she made the recording, police Chief Paul Rolleri informed Keimach that “Oddie had told him directly that unless she hired the right person as Fire Chief, that there were two votes to fire Ms. Keimach and that they would get the third vote.”
Oddie denies making the statement but told DA investigators he recalled talking about Keimach with the chief on Aug. 1, 2017, during National Night Out. Oddie “recalls the conversation discussing the issues that Mayor Trish Spencer and Councilmember Vella had with Ms. Keimach, which he described as well-known City Hall gossip,” according to the report.
In all, 15 people were interviewed, including including state Assemblyman Rob Bonta, Alameda fire union president Jeff DelBono, City Attorney Janet Kern and Assistant City Attorney Alan Cohen. Kern denied Keimach’s statement that the city attorney gave prior approval to record the elected officials.
Investigators found one other instance in which Keimach recorded a city official but said it was an accidental use of a cell phone application and barely audible. Lois Butler, the city employee, said the conversation occurred by happenstance and she believed it was unintentional.
After receiving a complaint, the DA’s office began interviewing witnesses in April but due to scheduling issues with Keimach, Oddie and Vella, the final interviews were not conducted until earlier this month. Release of the report comes about three weeks before the November election in which Oddie is running for re-election.
Keimach, who had been on administrative leave, left her post in May after settling with the city for $945,000.