Stockton’s city clerk has requested an investigation into the actions of a staffer working in the mayor’s office following allegations of attempted election interference, according to an email sent to the City Council and obtained by Stocktonia.
City Attorney Marci Arredondo notified the City Council this month that City Clerk Katherine Roland claimed Jason Teramoto, Mayor Christina Fugazi’s public information officer, had “attempted to interfere with the prior election and pressure (Roland) in her role as City Clerk,” the email shows. Arredondo also wrote that Roland was requesting an investigation into the matter.
The city attorney then advised in the email “that taking any adverse actions” against Roland’ in proximity with her request for an investigation” could lead to a retaliation claim, as Roland “has an argument that she is a whistleblower.”
The email, dated July 1, does not provide additional details about the allegation of election interference. But it was sent less than two weeks after a similar accusation against Teramoto by Stockton Vice Mayor Jason Lee.
In letters he circulated publicly, Lee alleged Teramoto had tried to pressure the city clerk into tampering with election materials for a Stockton City Council candidate, and asked the city attorney to investigate. Lee reiterated the claim of election interference during a July 7 City Council meeting, describing his concern about “staff intervening in our election process and attempting to influence staff to change candidate statements.”
Teramoto, in a statement to Stocktonia last month, described those accusations as having “zero merit.”
He did not respond to phone calls or emailed questions this week regarding the city attorney’s email.
Attempts to reach Fugazi by email and phone about the allegations against her employee were unsuccessful.
Reached late Thursday afternoon by phone, Roland, the city clerk, declined to comment to Stocktonia. The city attorney’s office referred all questions to city spokesperson Tony Mannor, who said the city doesn’t comment on personnel matters.
San Joaquin County Registrar of Voters Olivia Hale said her office had not been notified of any investigation regarding Stockton’s recent city elections. She explained that election materials, such as candidate statements that go out to voters and ballot designations, are governed by separate election procedures and are reviewed by the appropriate elections officials.
In Stockton city races, Hale said, disputes involving candidate materials are generally handled by the city clerk. Hale’s office, instead, is in charge of voter registrations, as well as the printing and counting of local ballots.
“Whatever the book says is what we do,” Hale said. “We follow election code to ensure it is fair to every candidate.”
Details of previous claim
Stockton’s charter places the handling of city elections under the authority of the city clerk, who “shall have charge of all City elections.”
The charter separately authorizes the mayor to appoint a public information officer but does not specify election-related responsibilities for that position. Teramoto was appointed Mayor Fugazi’s spokesperson in December.
The email from the city attorney says only that the interference allegation concerned “the prior election.” Stockton’s only election since Teramoto’s appointment was the June 2 primary.
State law generally prohibits any elected state or local official — including employees, appointees and consultants — from using public resources to engage in “campaign activity,” including participating in such activity during working hours.
Keith Smith, an associate professor of political science at the University of the Pacific, said a violation of state law would depend on what resource was used and how. There are exemptions for incidental uses of public resources — such as minimal use of equipment or office space for personal use, including an occasional telephone call — and carrying out official duties.
“The line between an official activity and a campaign activity is often in the eye of the beholder,” Smith told Stocktonia. “Lots of official actions have campaign effects, and public officials may reasonably believe they are carrying out their official duties where someone in an opposing campaign may think they are doing something they shouldn’t.”
Lee began circulating his allegations about Teramoto last month, including in a media alert and through the public release of letters Lee’s attorney, Walter Mosley, sent to the city attorney. One accused Teramoto of contacting the city clerk’s office regarding candidate Tamica Small’s ballot materials and requested that potential evidence of those interactions be preserved. The other letter raised additional concerns about Teramoto’s conduct.
Mosley’s June 16 letters say Lee had been informed that Teramoto was questioning Small’s candidate submissions. The letters alleged that Teramoto wanted changes made to Small’s ballot designation or candidate statement and sought to have the clerk’s office change the materials. Mosley also alleged that Teramoto told the clerk to “be creative” after his request was rebuffed.
Teramoto, in a statement to Stocktonia last month, denied those claims.
“Yet another distraction from the reality of what the mayor is doing in Stockton,” he said. “We are focused on the positive and substantive.”
Council, candidate reactions
Lee this week declined to comment on Mosley’s previous letters, sent on his behalf.
In response to questions about the city attorney’s email to councilmembers, Lee said he is unable to comment on employee/employment matters.
Detailed questions were also sent to Councilmembers Michael Blower, Michele Padilla, Mariela Ponce, Brando Villapudua, Mario Enríquez. Blower and Padilla declined to comment, while Ponce, Villapudua and Enríquez did not respond to emailed questions and could not be reached by phone Thursday afternoon.
Small, the candidate whose filings are at the center of the accusations, came in second in the June primary. She will face off in the November general election against incumbent Padilla for the District 1 seat.
When contacted by Stocktonia via email, Small did not address the allegations surrounding Teramoto. She expressed confidence in the city clerk’s office.
“I have complete faith in the integrity of our city clerk’s office and their obligation to ensure a free and fair election,” Small said. “That said, I want to remind the voters that integrity and accountability is on the ballot. I hope all Stocktonians get out and vote for change at City Hall.”