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 December 29, 2004
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SJ Councilman Could Be Censured
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Posted: December 13, 2004 at 1:45 p.m.

SAN JOSE (BCN) -- The San Jose Blue Ribbon Task Force will meet today to discuss moving forward with censure hearings regarding city Councilmember Terry Gregory, following the Thursday release of an ethics report.

Gregory has been under investigation by the Santa Clara County District Attorney's Office and the ethics task force since allegations arose in May that he violated city code by accepting gifts, according to council spokesman David Vossbrink.

He is also involved in a wrongful termination suit by his former chief of staff and was convicted in April of driving with an elevated blood alcohol level.

The report released Thursday was conducted by a San Francisco law firm hired by the San Jose Elections Commission in response to a complaint filed by fellow Councilmember Chuck Reed, Vossbrink said.

The investigation revealed that Gregory did violate the municipal code by accepting free wine valued at more than $1,500 from San Jose developer Dennis Fong during negotiations for a development project last year.

Gregory also violated city code by accepting free baseball tickets from another businessman who owned property within Gregory's district.

He allegedly failed to report the gifts, another violation, as well as 17 campaign contribution checks received after the Oct. 19, 2002 deadline as outlined in the municipal code.

The report did clear Gregory of some of the allegations, including accepting free meals that were determined to be in a "business setting."

There was insufficient evidence to prove that Gregory pressured local businesses to contribute to a special fund or received complimentary tickets to various other events, as alleged by former chief of staff Craig Mann.

Vossbrink said the task force, which is made up of community members appointed by the council, will decide today whether or not to proceed with censure hearings.

A censure would mean a formal resolution by the council condemning Gregory's actions, but wouldn't necessarily mean removal from office.

If the task force approves the hearings, the city's rules committee would meet on Wednesday, with a special meeting before the entire city council likely on Friday where a report would be presented and Gregory could address the allegations.

The council as a whole would need at least eight votes to approve censure, according to Vossbrink.

For Gregory to be removed from office, there would need to be a felony conviction or a recall vote called for by at least 15 percent of his district's voters.

The conclusion of the district attorney's investigation is unclear, and Vossbrink doubted if any felony charges would be filed.

(Copyright 2004, Bay City News. All rights reserved.)

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