Santa Clara Business Leader Criticizes City Attorney for Taking No Action on 49er Exec Signing of FIFA Stadium Contract Despite Conflict of Interest

By Robert Haugh

At Tuesday’s City Council meeting, Santa Clara business leader Kirk Vartan raised a serious issue and specifically called out the actions (or lack thereof) of City Attorney Glen Googins.

“I, Dr. Tom Shanks, and the Mayor (Lisa Gillmor)  have made multiple public inquiries to City  Attorney Googins in council chambers during council meetings about concerns over  FIFA documents,” said Vartan. 

“City Attorney Googins has not provided acceptable responses.”

Shanks, an ethicist who previously started Santa Clara’s award-winning ethics programs decades ago made a public presentation to the City Council on April 8. He pointed out conflicts of interest and asked why Googins was not taking action.

Vartan illustrated his point with this slide:

“The primary issue is when City Attorney Googins received a copy of the signature page of the Addendum to Hosting Agreements FIFA World Cup 2026 in May 2023 (slide),” said Vartan.

“It was his duty as the appointed City Attorney to inform the City Council about the fact that the Hosting Agreement Addendum was in violation of government code 1090 (i.e., forbids a public official from making a contract in which he has a financial interest) and the contract is therefore void.” 

Vartan pointed out that 49ers COO Al Guido is defined as a public official under the Santa Clara Stadium Authority Conflict of Interest Code, and he signed the contracts even though the team has a financial stake in the deal, a conflict of interest.

“People need to be held accountable,” said Vartan, “And the City Attorney is the one to do it.”

“Since he appears to not want to engage or does not see the conflict, there is no check on the 49ers’ management organization.”

City Attorney Glen Googins

Googins replied to Vartan’s criticism in an email to Santa Clara News Online yesterday.

 “As with all such matters, any legal advice my office provides will be provided to our client, the City Council/Stadium Authority Board,” Googins wrote.  

“We will provide such advice in a manner that is both consistent with City/Stadium Authority objectives and that protects City/Stadium Authority interests.”   

“Regarding Mr. Vartan and Mr. Shanks,” Googins added, “they are certainly entitled to their opinions and may express them as they see fit.  They are not my clients, however.”

Vartan suggested Googins also has a duty to inform FIFA that the contracts Guido signed may be void and that Guido may have committed fraud.

Vartan suggested that a complaint should be filed with the California Bar Association because Googins is not performing his legal duty.

Editor’s Note:  Former City Attorney Brian Doyle called out Guido’s conflict of interest in an SCNO opinion piece on October 29, 2021.  The 49er Five rejected Doyle’s request to agendize the issue for City Council discussion on November 16, 2021. This article was updated on 04/25/2024 at 1:45 p.m. for minor spelling issues and clarifications.

49ers COO Al Guido

14 comments

  1. Dear Santa Clara,

    Stop fighting amongst yourselves.

    That is just letting the bad guys win.

    In Community Spirit,
    Danny Garza

  2. Gee, Vartan got a bill introduced in Congress saving small businesses. I disagree with him all the time but he is a bisiness leader. Hardly a mouthpiece. Vartan truly believes in what he says.

  3. I hope Mr Googins knows who his clients are…. The Residents of Santa Clara. Not the city council.

  4. Most you guys are clowns. Googin’s ‘clients’ are the incorporated City of Santa Clara, its employees, and interests. If you were educated you’d know this.

    Vartan is not a “business leader.” He may be a small business proprietor but he is not a captain of industry and in the context of city business, he is a mouthpiece for Gillmor’s interests.

    • I love this!

      I know Googins does not represent us citizens.

      Bring more love my way!

      I am champin’ at the bit. Please bring it!

  5. This is just crazy. What would he say if pressed to identify his ‘clients’? We know who he serves, and that is the problem. It isn’t the city or residents. Fire the bum.

  6. The agreement also violates the public records act by allowing fifa to keep matters secret.

  7. It was for these reasons Deanna Santana was fired. She brought attention to the conflict and was fired for no cause. Now Santa Clarans are at the mercy of the 49er 5 and their puppets.

  8. “Regarding Mr. Vartan and Mr. Shanks,” Googins added, “they are certainly entitled to their opinions and may express them as they see fit. They are not my clients, however.”

    Yet, Googins did NOT state WHO he represents.

    Likely he represents only the 49er 5 “as clients” on council.

    **** not us citizens *****

    …And he sleeps well at night while us Santa Clarans suffer…..

    • I have to agree, that part about his “clients” was a concerning/scary response. Pubic officials don’t have clients. They serve the greater public while taking direction from the City Manager and/or elected officials.

      I think Googins needs to re-read the oath of service he pledged last year – nothing about clients in there.

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