Milpitas is seeking an order against its former city manager to stop him from leaking information prior to a trial, the latest saga in an ongoing legal battle.
Last December, ousted City Manager Steve McHarris filed a wrongful termination lawsuit against Milpitas, accusing city officials of intimidation and unethical behavior — including Mayor Carmen Montano. The city denied wrongdoing and hired an outside law firm to conduct its own investigation into the same issues.
In new court filings, Milpitas is alleging McHarris sought media coverage to disparage the city and to disclose confidential information about employees. The city is asking the state’s superior court to grant it a protective order to stop McHarris from releasing information gained during the pretrial discovery part of the case to the public.
“The city has every reason to believe that plaintiff’s counsel will continue to utilize his contacts with the media to disseminate confidential material to gain any advantage he can,” the motion filed by law firm Meyers Nave, which is representing the city, read. “A protective order is clearly warranted in such circumstances to protect third parties as well as the city’s attorney-client privilege with its attorneys.”