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Top Johnson Advisor Resigns To Work For Nestle

by LARRY MEADE, published on November 2, 2009 at 12:34 AM

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Michelle Smira, a Republican strategist and consultant to mayor Kevin Johnson, resigned from her position on October 22. Below is her letter of resignation:

Dear Mayor Johnson,
It has been a pleasure and an honor to serve as a volunteer in your office, the Office of the
Mayor. The opportunity to serve as your liaison to various organizations and to meet with constituents on your behalf has been very rewarding. Thank you for this opportunity.
I believe strongly that the people of Sacramento voted overwhelmingly for you to represent us as Mayor because we wanted change. What has become apparent is that we desperately need change. I will be stepping away as a volunteer in your official office to further help promote these goals in the community. I believe that the only way to ensure that Sacramento is truly “a City that Works for Everyone” is if you are in fact leading our City. We need to change our antiquated structure and I will be there to help educate our community on the issue.

It has been a wonderful experience working with you at City Hall and I look forward to again helping in this capacity at a later date.

Thank you,
Michelle Smira


In a recent interview to the Sacramento News & Review, Smira said that she was leaving her post as a volunteer advisor to focus her energy and attention to supporting Johnson's Strong Mayor Initiative. However, Smira's political affairs firm, MMS Strategies, was hired by Nestle Waters to assist in obtaining city support for it's planned water bottling plant in Sacramento less than 2 days after submitting her letter of resignation.

Had Smira been a paid city employee, she likely would have been prevented to accept a position such as the one with Nestle due to conflict of interest and revolving door policies that attempt to create clear divisions between government, business, and personal gain.

When asked by the Sacramento News & Review about this situation, Jessica Levinson, from the Center for Governmental Studies, said, "“There are all kinds of red flags. When volunteers are used in high level positions, it’s important to make sure they pass conflict of interest provisions."

Although Smira refers to herself as a volunteer, according to a city ordnance, she would be classified as a consultant. In March 2009, Sacramento City Council approved legislation that states, "An individual may be a consultant whether he or she is compensated or is an unpaid volunteer." A consultant is defined as someone who "serves in a staff capacity" and "participates in making a governmental decision."

Attempts to reach Smira and Johnson, as well as representatives from groups opposing the Nestle Water Bottling plant, were unsuccessful. This article will be updated as new information is made available.
 

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November 2, 2009 | 9:43 AM
Nestle' is the BIG BAD WOLF!!!

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November 2, 2009 | 4:41 PM
http://www.nestlefamily.com/SpecialOffers/MothersDayContestWinners/Default.aspx

Great Comment - very insightful.
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edited on  November 3, 2009 | 11:17 PM
The latest campaign contributions to SAG just got posted on the City Clerk's website.
Besides the 25K loan that was converted to a contribution by the mayor, about $35K additionally came in from 07.01-09.30. To SAG's coffers.

08/20/2009-$10,000 from Marvin Oates...aka "Buzz" Oates

Who owns the Nestle's Bottling plant site at 8670 Younger Creek?
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November 2, 2009 | 10:14 AM
Let's hope the City doesn't 'lose' the email history that led to THIS little dose of revolving-door corruption like the missing communications trail now under investigation by the FBI at St. Hope...
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November 2, 2009 | 10:40 AM
"Had Smira been a paid city employee, she likely would have been prevented to accept a position such as the one with Nestle due to conflict of interest and revolving door policies that attempt to create clear divisions between government, business, and personal gain."

It seems like the events of the past year has been an outright endorsement of conflict of interest, revolving door policies, and an utter lack of clarity of divisions between government, business, and personal gain. Run into an ethical dilemna? Writing a check makes it go away. One of the Mayor's team gets hired by Nestle shortly after their new facility is approved? No problem, she was a "volunteer." Massive corruption in the development department? Hey everyone, let's build an arena! Don't worry about how we're going to pay for it--KJ will just write another check!
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November 2, 2009 | 11:25 AM
That's what their team calls "accountabilty" -- fix it with the checking account.

"Run into an ethical dilemna? Writing a check makes it go away. One of the Mayor's team gets hired by Nestle shortly after their new facility is approved? No problem, she was a "volunteer." Massive corruption in the development department? Hey everyone, let's build an arena! Don't worry about how we're going to pay for it--KJ will just write another check!"



It sounds like the revolving door policy can be applied -- if there is the will to do so, from.......

"Although Smira refers to herself as a volunteer, according to a city ordnance, she would be classified as a consultant. In March 2009, Sacramento City Council approved legislation that states, "An individual may be a consultant whether he or she is compensated or is an unpaid volunteer." A consultant is defined as someone who "serves in a staff capacity" and "participates in making a governmental decision."

Maybe KJ should change the term from "volunteer" to "intern."
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TAB
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November 2, 2009 | 9:09 PM
I smell a rat. That's it give permit to build to one of the largest polluters in the world. I wonder just how many of those new jobs are filled by folks living in sac. And then to add insult to injury lets build an arena when the real hard issues is bring more jobs back home and help the homeless. Maybe the old arco arena can be the new safe ground for the homeless. I wonder if KJ is thinking along those lines.
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edited on  November 2, 2009 | 3:02 PM
The question is--does Smira's former status as a "volunteer" affect her ability to work as a liaison with the city of Sacramento, given her previous status as a consultant? It seems like a serious ethical consideration, and it certainly would be if she had been a formal city employee. Isn't this just a little like handing the fox the keys to the henhouse?
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November 2, 2009 | 4:48 PM
This very scenario is a constant whenever Kevin Johnson is involved- you scratch my back, I'll scratch yours - it's how he does business. People who have stuck with him through thick and thin are standing in line for their payback. They've been waiting patiently. Now it's Michelle's turn. Didn't Johnson try and get her sister hired by the city or something? People wonder why others support Johnson so blindly...it's because they have a lot to gain. Just look the other way, spew some talking points, perpetuate the myth and VOILA! You will reap your reward -ethics be damned.
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November 2, 2009 | 6:32 PM
http://sacramento.granicus.com/MediaPlayer.php?view_id=8&clip_id=2076

http://sacramento.granicus.com/GeneratedAgendaViewer.php?view_id=8&clip_id=2076

You are correct Susie
Rhonda Smira, sister to Michelle, was put up for confirmation to the Sacramento Sports Commission by the Mayor. ..outside of the normal nomination process... the PP&E Committee's recommendation was disregarded...and her name was placed on the agenda for confirmation. Watch the consent calendar testimony of the 09.08.2009 council meeting to see what happened.

Now what front burner issue could that commission be involved in?

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November 4, 2009 | 10:19 PM
You don't know anything.
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November 5, 2009 | 1:38 PM
JFK- I know a lot more than you think.
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November 5, 2009 | 3:49 PM
iiinteresting...this "volunteer" Michelle Smira called the City Clerk's office to find out what city council member had inquired about her sister, who applied to be on the Sports Commission, and called several City Council members about the matter afterward--a matter that the council members considered very inappropriate. It sounds like Michelle Smira really has no idea what constitutes an ethics violation, or the boundaries of appropriateness for that position. The Council voted to re-open the application period rather than place her sister on the board.

Also an interesting side note by Councilmember Pannell--apparently a council of ministers named her in connection with a meeting that would include the promotion of the Strong Mayor Initiative, and she was very upset about having her name used in connection with SMI. She encouraged the ministers to read it, and come to their own conclusions, before supporting something that could cause such harm to the city of Sacramento.
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November 3, 2009 | 5:08 AM
What a joke.
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November 3, 2009 | 1:21 PM
Save Our Water is opposed to the Nestle Bottling Plant. You can visit our website at www.saveourwatersacramento.org Feel free to contact us about this issue in the future.
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November 3, 2009 | 1:34 PM
Why hasnt this been covered more by the mainstream media here in town? To me, it seems like actions such as this, especially in lieu of the SMI, would really help voters decide one way or the other.
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November 3, 2009 | 3:16 PM
There appears to be a bit of infighting at the Bee--for a few days there was some fairly good investigative reporting at the Bee, then last Sunday articles critical of Johnson and vocal about both Nestle and the Natomas scandal were replaced by glowing editorials about how well St. Hope is doing, and more recent ones about how the City Council needs to clean up its act. After the Bee, the closest thing to "mainstream media" is the Sacramento News & Review, whose editorial blog did mention this story--we'll see what they print on Thursday, but so far they have been following this story, as well as the Strong Mayor Initiative, very closely.
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November 3, 2009 | 6:32 PM
This is pretty frickin disgusting.
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November 4, 2009 | 8:06 AM
When Nestle wanted to go to McCloud for their bottling plant, which is in the county and is not a city, Nestle and a former board of supervisor for the county were holding hands. Her husband's company, Clear Path Consulting, was hired by Nestle to help usher through the bottling plant. Siskiyou County ranked number one in the Enterprise Zone designation in the State of California. I have a ton of information....I am going to the Attorney General. They have shown an interest. It's Nestle's MO to court those of "influence" and perhaps buy them a Swiss condo?
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November 4, 2009 | 3:27 PM
Larry did you ever get in touch with Nestle or Smira?
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November 4, 2009 | 10:31 PM
Are you all morons? Michelle Smira never worked for the City. Never received a paycheck. Just because the Mayor trusts her does not make her or any of her business decisions dirty. She filed all the disclosure forms with the City when it was completely unnecessary but to show full disclosure. Again, she was s a VOLUNTEER .
On the issue of appointments, maybe the P&PE Committee should not only interview the applicants but read the applications. Do your job.
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edited on  November 5, 2009 | 1:31 PM
You must have a very flexible definition of "worked." Being a volunteer is work, even if it is not compensated. Johnson's volunteers handled city projects, used city facilities, and issued directives to city staff. Jumping from working for the city (paid or not) to a position working for a project that the Mayor explicitly supported, in order to lobby the city for their continued support, suggests a conflict of interest--her previous job gave her inside knowledge and access that someone not working at City Hall (again, whether she was paid or not is unimportant) would not have. The suggestion that she would soon come back to work for Johnson is definitely a violation of ethics for either volunteers or paid staff!
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November 6, 2009 | 11:04 AM
When I met with Ms. Smira earlier this year on a transportation issue I was impressed at her knowledge and expertise in that area. At that time I realized that the Mayor's "volunteers" were of a high caliber that normally is only found in the private sector.

The Mayor's office and the people of Sacramento benefited from such dedication and selflessness. I congradulate here and wish here the best.
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November 9, 2009 | 11:28 AM
It's not her knowledge or expertise that are in question, but rather her ethics. If she is utilizing her position as a mayoral volunteer for personal gain, and using her connections to gain influence, that's hardly "selfless," and her dedication is based on self-interest, not the public good.
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