Capitola City Council drops code-of-conduct complaint against Councilmember Melinda Orbach

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FOR THE RECORD: A previous version of this article misquoted Kevin Maguire. When asked if he tried to find out where Councilmember Orbach lived, he said: “I did not ‘try to find out where Councilmember Orbach lives.’ I was canvassing with other concerned citizens ahead of the Measure L vote, distributing flyers broadly in the neighborhood. A neighbor I spoke with didn’t know about Measure L or what was happening in Capitola. I simply asked if he knew Councilmember Orbach and if he would pass along a flyer.” Lookout regrets the error.

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At its Thursday evening meeting, the Capitola City Council unanimously dismissed a code-of-conduct complaint filed against Councilmember Melinda Orbach, which had been filed in June. 

Orbach, first elected last year, thanked those who came to support her, but added that she believes the choice to put the complaint on the council’s agenda “undermined the process of mediation.” She said that she had given her intent to participate in a mediation session in October through the Conflict Resolution Center, but received a call on Wednesday from the organization telling her that “mediation would not be productive.”

“It is clear that this issue hits close to home for many members of our community who are being affected by the polarization at all levels of politics, and especially surrounding the contentious issues here in Santa Cruz County,” she said.

Many attended the meeting to back Orbach, including Santa Cruz City Councilmembers Sonja Brunner and Shebreh Kalantari-Johnson, former Santa Cruz mayor Cynthia Mathews, former Capitola mayor and current county chamber of commerce CEO Kristen Brown and former Capitola city councilmember Alexander Pedersen, among others. Most wore purple paper cards clipped to their tops that read “I support Melinda.”

Capitola Mayor Joe Clarke said the issue had become a “huge distraction for the city,” and brought a motion to stop pursuing the complaint. Councilmember Susan Westman said that while she personally would have filed a police report if she truly felt threatened, and recognized that the complainant, Kevin Maguire, feels his and his family’s reputation had been tarnished, she did not believe the complaint required further action from the council.

“The code of conduct is not about punishment. It’s about striving to do better and provides guidance and reminds all of us that our words matter,” Westman said.

While there was initial confusion over Clarke’s motion to take no further action on the complaint, City Attorney Samantha Zutler told Lookout that it was equivalent to dismissal.

Maguire’s complaint related to a contentious April 17 meeting when the council deliberated over and eventually voted on a design for a section of Coastal Rail Trail adjacent to Park Avenue in Capitola. Orbach had initially supported a design that was unpopular among the community, but ended up voting against it.

During that meeting, Orbach alleged “physically threatening behavior that extends past politics,” and said that members of the community had shown up at her work and home. She said that Maguire was one person attempting to figure out where she lived.

Maguire later filed a formal complaint with the city, and alleged that Orbach made the accusations without evidence, due process or prior communication with him. He wrote that he had attempted to resolve the matter through emails with Orbach, Clarke and Capitola Police Chief Sarah Ryan, and via a “public invitation for dialogue and reconciliation.” He said that Orbach never responded.

Maguire also alleged that since the meeting, he has been harassed, discouraged from participating in public affairs and experienced anxiety, embarrassment and a hesitancy to engage civically. He requested that Orbach be censured, undergo ethics, civility or conflict-resolution training, and that the council should consider removing her from “committee assignments or ceremonial roles until accountability is demonstrated.”

Maguire told Lookout on Thursday via email that he did not try to find out where Orbach lives, but rather was canvassing with citizens ahead of the April 17 vote and distributing flyers. He claims that he spoke with a neighbor who was unaware of the issue, asked him if he knew Orbach, and if he would pass a flyer along. He added that characterizing this as attempting to track her down is “false and slanderous.”

Maguire added that he is not interested in pursuing a recall effort, and that his complaint is solely concerned with the conduct of Orbach, who he says leveled the accusations toward him without evidence; he also said that she did not file a complaint or police report.

“When an elected official uses their position to accuse a private citizen of harassment or threats without evidence, without a complaint or report, and without due process, that is a misuse of office,” he wrote, adding that the decision to do so amounts to political theater. “This isn’t about politics, it’s about accountability and civility.”

City staff said that four complaints have been filed since the code of conduct was established in 2020. When Orbach asked how many had made their way to a council agenda, staff answered that none ever had. 

Over about 40 minutes of public comment, around 30 community members spoke in support of Orbach, some of whom touched on the fact that women in office are often harassed and silenced. Commenters also expressed concern that the council legitimized the complaint by putting it on the agenda when no other previous complaint was, and added that they believe political harassment is rising throughout the country. 

Some, including Pedersen, Brown and former District 3 county supervisor candidate Ami Chen Mills shared their own experiences with harassment during their campaigns or service terms. Pedersen suddenly resigned from his seat earlier this year following pressure from the Concerned Citizens of Capitola, a local group that had argued that Pedersen violated city council residency rules.

Several people spoke in support of Maguire, saying that Orbach used the dais for personal attacks, violating the code of conduct, and that there was still no substantive proof that Orbach was actually threatened. Some also took issue with the fact that many in support of Orbach were not from Capitola, calling it a political spectacle. Maguire himself spoke, saying that Orbach’s comments were an abuse of power. 

“I’ve always been open about my views even when they differ from yours – that’s democracy and healthy debate – but attacking a person and doing it from a seat of power is something else entirely,” he said.

Following the meeting, Maguire maintained that Orbach’s accusations were false. He said that he did reach out to Mayor Clarke and Police Chief Ryan to try to mediate, but that his attempts were rejected.

“I want her to reflect on her behavior and understand that what she said is not based on facts, it’s based on feelings,” he told Lookout. “Really come in here in front of everybody and give a heartfelt, sincere apology. Because what she said is not the truth.”

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