Residents accuse former city code officer of acting as counsel and witness; council hears calls for fee disgorgement

Cotati — Multiple residents used public comment time on Aug. 26 to accuse the city’s former code enforcement officer, Robert A. Smith, of violating California’s Rules of Professional Conduct by serving as both counsel and a witness in administrative hearings, and demanded the city recoup fees paid to him.

Laurie Alderman opened the sequence of comments by asking the council to require that "all monies paid to Robert Smith be reimbursed to the city" and cited Rule 3.7 of the California Rules of Professional Conduct, which limits a lawyer acting as an advocate when they are likely to be called as a witness. Alderman said the Administrative Law Judge in the underlying hearings repeatedly referred to Smith as counsel while he also testified as a witness.

Michael Chermello followed with a longer legal outline, reiterating the ethical rule’s elements and asserting the city might have an independent cause of action to seek fee forfeiture even without a showing of monetary damages. A number of attendees in the chambers echoed concern and called on the council to take a fiduciary view of taxpayer money.

City staff did not announce an investigation or any immediate action in response during the meeting. The council did not vote on or direct a specific follow‑up during the meeting transcript; comments were received as public input.

Context and next steps: The allegations were raised in public comment only. The council’s staff and legal offices would be the responsible parties to evaluate procedural and ethical claims and recommend any formal city response; no such referral was recorded in the Aug. 26 meeting minutes.