By Robert Haugh

Dr. Tom Shanks is a nationally recognized ethicist and the former director of the Markkula Center for Applied Ethics at Santa Clara University.  He responded in writing to questions from Santa Clara News Online (SCNO).

SCNO: There’s been some controversy about Santa Clara City management hires. A new Assistant City Manager Chuck Baker is responsible for stadium activities, including the Super Bowl and FIFA World Cup in 2026.  But he has ties to the 49ers who were major funders of 100 Black Men of the Bay Area, a group he chaired.  Santa Clara University ethicist John Pellisero considers it a possible conflict and suggests Baker leave the board. The City Manager’s office says this is not a conflict and Baker is still on the executive board. What’s your opinion?

SHANKS: Mr. Baker’s hiring raises concerns about the City’s hiring process, Mr. (Jovan) Grogan’s decision-making, and responsiveness to public concerns. An ethical organization’s hiring process should look into real or perceived conflicts and prior relationships, especially with the Yorks, the 49ers organization, and the 49ers Foundation.  

Why? Fundraising for non-profits often focuses on building the closest relationships you can with donors. Leaders want to keep their donors happy. That is very different from being a fierce advocate for the people’s best interests in every situation.

The City Manager should be especially concerned about ethics, especially when there is a reality or perception of a conflict.  

SCNO: Recently, a former Assistant City Manager Ruth Shikada went to work for the Bay Area Host Committee after working closely with them in her City Hall job. Is this a conflict of interest or a revolving door violation?

SHANKS: Ms. Shikada worked at the City of Santa Clara for over a decade, including the year after the City Council majority fired the former City Manager. She handled stadium and 49er-related issues. Therefore, she should be extra cautious about taking any job that could impact the City, public trust, or city finances,  whether it’s legally prohibited or not.  It’s an ethical issue as well as a legal one.

Some people may argue that technically Ms. Shikada hasn’t broken the law because the Bay Area Host Committee is a nonprofit organization and those are exempted from the law. In reality, the Bay Area Host Committee is very closely tied to the 49ers and, to some degree, it’s an extension of the team. Is City management staff only concerned about meeting the minimum standards of the law, rather than higher ethics standards?  

SCNO: You were critical in the past about the City Manager Jovan Grogan and City Attorney Glen Googins not getting documents about Super Bowl and FIFA costs to the City Council and public or keeping them confidential. Now, it’s been revealed that City management isn’t even tracking their time working on these major events even though that’s a requirement of law and past practices. Grogan says that it’s because there are no funding agreements yet.  Are you concerned about transparency with this activity?

SHANKS: I am concerned about transparency but I’m more concerned about how unusual this behavior is. I know of no other City that would operate this way for a major project that requires staff time that should be reimbursed. I hope City management is not doing this for other development projects. I think taxpayers should be outraged that staff time, which is public money, is not being tracked and may not be recovered.

Of course, the major issue is that the City doesn’t have the documents they need to understand the financial risk. And if they get those documents, they’ve set up a system to keep them out of the public’s view for years. That’s not transparent and suggests strongly that they have something to hide.

SCNO: You’ve worked in Santa Clara City ethics programs for decades and you’ve been watching the City Council and City management for the last few years. How would you rate the ethical behavior of the City Council and City management these days compared to the past?

SHANKS: In the last two years, the City Council has discussed ethics just a handful of times. They were outright hostile to the recommendation of the Civil Grand Jury for an ethics commission and voted against it not once but twice.

In the only ethics training the City conducted last year, Mr Googins told the City Council, City commissioners, and City staff that if they felt they were not being influenced by personal interests, they could go ahead, even if it appeared improper. Public ethics is not based on individual feelings. It’s based on universal standards and community values.  Mr. Googins provided a ready-made excuse for bad behavior. It has helped Santa Clara’s government to become an ethics wasteland.