On October 14, the Midpeninsula Regional Open Space District board of directors voted unanimously, 6-0, to adopt revisions to its director code of conduct. These changes mean directors are no longer required to treat the public with respect. Furthermore, the revised code introduces no process for members of the public to file a complaint if a director insults them or asks staff to remove them from a public forum.
Under the newly adopted code, directors also deleted the previous explicit provision for outside accountability. This prior provision allowed for the referral of violations to the Santa Clara County District Attorney’s Office or the Civil Grand Jury. While directors are no longer bound by these external accountability measures or the requirement to show respect to the public, the revised code maintains the rule that directors must respect each other.
This vote follows a period of public engagement and a formal complaint regarding director conduct. For two years, local government consultant Caitlin Dempsey had raised concerns with Midpen’s board regarding serious issues at Bear Creek Stables, a property owned by the district. These issues included allegations of mistreated horses, an operator without adequate insurance, and a teenager residing in a dangerous, unpermitted trailer. Dempsey also brought attention to what she described as wasted public money and volunteers being disregarded.
Following Dempsey's communications, Director Margaret MacNiven publicly commented about "pugnacious people" and, addressing an assistant general manager, inquired whether staff could remove a member of the public. In response, Dempsey filed a formal complaint. Seven weeks later, at the conclusion of a meeting where no public members were present, four directors read prepared statements. Director MacNiven promised to "humbly learn from this and do better," and the board president committed to a refresher on the code of conduct.
However, the promises led to a different outcome. The next board president, Zoe Kersteen-Tucker, appointed Director MacNiven to a three-person committee tasked with rewriting the agency’s director code of conduct. This committee subsequently met behind closed doors for six months. The revisions produced by this committee were then brought before the full Midpen board, which adopted them unanimously.
As a public agency, the Midpeninsula Regional Open Space District is responsible for managing 77,000 acres of land and operates with an annual budget exceeding $100 million. Director Craig Gleason of Ward 1 voted in favor of these changes and is currently on the ballot for the November 3 election.