Milpitas Interim City Manager Deanna Santana announced she would be resigning at the end of this month, following a clash with Councilmember Evelyn Chua over an alleged attempt at holding a secret meeting in violation of the Brown Act, according to newly released documents by the city.

“I came to Milpitas to help fix the organization, not to fight or be disrespected,” wrote Santana in an August email announcing her resignation. “Unfortunately, over the last two weeks, both have happened with Councilmember Chua.”

Santana was brought on as interim City Manager in April, after Ned Thomas resigned from the position in March. Her resignation follows a series of city managers who have come and gone from Milpitas in previous years, including an unexplained exit by Julie Edmonds-Mares in 2019 and former City Manager Steve McHarris, who sued the city over alleged misconduct by current and former mayors.

Prior to this most recent resignation, Santana had seen her fair share of controversy. She was once the second-highest paid city manager in the state, earning $765,152 in compensation while working for Santa Clara. In 2022, she was ousted by the majority of the City Council, who cited “lack of confidence” in her ability to do her job. In August, she sued Santa Clara over clawing back benefits and retaliating against her.

According to city documents released as part of a staff report in advance of this week’s city council meeting, Santana’s decision came after city Councilmember Evelyn Chua nearly violated the law by requesting a meeting of the City Council without properly announcing it to the public. Under the California open meetings law known as the Brown Act, meetings of public bodies like city councils must be announced to the public — usually three days in advance, even if they are held behind closed doors.

In late August, Chua requested for a staff member to set up an interview with a candidate for city attorney. When the staff member asked whether to involve the city manager, Chua specified that “this is only for elected officials and no staff involved,” according to text messages included in the report.

Even so, the staff member eventually alerted Santana, who contacted Chua and told her that holding the meeting would be illegal, and Chua disagreed, according to an email by Santana included in city documents. “The conversation got worse and I stated that if she wasn’t happy with my work that I would resign,” said Santana in the August 29 email, where she cited growing “tension” from Chua over previous weeks and announced her two-month notice of resignation.

The meeting was later scheduled through official means, and the incident was reported to the Santa Clara County District Attorney. “Fortunately the system worked as it should, and the city manager was able to avert the violation,” said Deputy District Attorney John Chase in a letter included in the documents. “Had the interviews been conducted in violation of the Brown Act, any subsequent appointment of a new city attorney would have been subject to nullification, and the individual councilmembers potentially subject to criminal persecution.”

City Manager Santana, Milpitas Mayor Carmen Montano, and Councilmember Chua did not immediately respond to requests for comment.

Along with the legal near-miss, the actions of Councilmember Chua violated the City’s Codes, according to the staff report, including by directly requesting action from staff without going through the City Manager. The City Council was scheduled to decide at tonight’s meeting on whether to censure Chua – or formally express their disapproval of her actions.