Kris Michell / Photo by Sam Hodgson

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City Attorney Mara Elliott’s office is accusing former city Chief Operating Officer Kris Michell of ordering the deletion of records about the city’s acquisition and handling of 101 Ash St. and Civic Center Plaza in her final days at City Hall. 

In a Wednesday letter obtained by Voice of San Diego, Elliott’s office informed Michell that the destruction of any documents would violate the city’s municipal code and state law. 

“We recently learned that in the final days of your employment with the city of San Diego, you directed city staff in the Information Technology Department to erase from your cell phone(s) and computer public records found in email, text messages and other chat tools relating to this litigation,” Assistant City Attorney Travis Phelps and Elliott wrote. 

Phelps and Elliott also wrote that the destruction of public records could lead to penalties for the city including court-ordered sanctions and attorney’s fees if the city is “unable to produce public records to which a third party is legally entitled.” 

“My office seeks your cooperation in recovering the records that were destroyed and their return to the city,” Phelps and Elliott wrote. “Please contact me by Monday, May 16, 2022, to begin the process of identifying and recovering all the city records.” 

The City Attorney’s Office confirmed that Michell received the letter.  

Reached Thursday afternoon, Michell said she could not speak because she was busy dealing with a personal matter. She did not respond by a 5 p.m. deadline. 

As chief operating officer, Michell oversaw the city’s IT department and was in the position to direct its employees. Under the city’s strong mayor form of government, Michell was the city’s top unelected official until she abruptly resigned in September 2020. 

101 Ash St. / Photo by Adriana Heldiz

The City Attorney’s Office did not immediately say whether it had confirmed that the documents Michell allegedly ordered to be destroyed were maintained elsewhere by the city or were original copies. 

The bombshell allegation is the latest in a slew of revelations in the years after the city’s 2017 lease-to-own deal for 101 Ash St., a building it only occupied for a few weeks before rushing to evacuate city employees in January 2020 following a series of asbestos violations. The rush to evacuate city staff set off a fact-finding mission and later, a series of lawsuits. The litigation also revealed last year that as part of the city’s acquisition of 101 Ash and a similar deal for nearby Civic Center Plaza, its landlord paid volunteer city real estate adviser Jason Hughes $9.4 million for his work on the two leases – and had secret agreements with the city’s landlord. Attorneys for the city have argued the payments to Hughes violated state conflict-of -interest law and that the two leases should be voided. 

In response to requests from Hughes’ attorneys, former city real estate chief Cybele Thompson recently turned over hundreds of documents that Hughes’ lawyers say they did not previously receive in response to their discovery requests of the city, an issue they have since brought up in Superior Court. A judge recently ordered the city to turn over documents it pledged to produce but hadn’t already turned over by Friday. 

Elliott spokeswoman Leslie Wolf Branscomb said Thursday the city would comply with the Friday deadline, but that attorneys for the city are still reviewing documents Thompson provided and could not immediately say whether they had previously been in the city’s possession. In an April 15 deposition, Thompson said she left City Hall with documents related to the 101 Ash out of fear her actions could be mispresented by “pretty much everyone involved,” according to a draft transcript obtained by Voice. 

Then, in an April 28 deposition, Thompson testified under oath that Michell provided at least some of those documents – and not at Thompson’s request, according to another draft transcript obtained by Voice. 

“I just remember she gave me quite a few documents and said, ‘You might want to keep these with the other ones that you’re holding,’” Thompson recalled. 

Thompson said she didn’t recall discussing with Michell why she brought her the documents. 

In its letter to Michell about the allegedly ordered deletion of records, the City Attorney’s Office also had pointed questions about Michell’s decision to hand over documents to a former city employee. 

“We would like to understand your actions: which records were shared, for what reason and were copies or originals of those records maintained by the city?” Phelps and Elliott asked. 

In her deposition, Thompson said she understood that Michell had obtained the records she provided as part of the city’s process for reviewing documents requested under the state Public Records Act. She did not clarify whether she understood the documents to be original copies. 

Thompson resigned from the city in August 2020, less than a week after the release of a devastating review of the city’s acquisition of 101 Ash St. 

Michell abruptly departed City Hall herself less than two months later – and less than three months before a new mayor was set to take office. 

Michell, a City Hall veteran who had overseen city operations and employees for nearly three years, said at the time that she planned to pursue private-sector opportunities and had considered moving on “for quite some time.” 

She told Voice the 101 Ash St. scandal was not the reason for her departure.  

“My resignation has nothing to do with 101 Ash,” Michell said on Sept. 21, 2020, the day she revealed her plans to leave City Hall. 

Lisa Halverstadt

Lisa is a senior investigative reporter who digs into some of San Diego's biggest challenges including homelessness, city real estate debacles, the region's...

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9 Comments

  1. This “bombshell” is a scud. Nothing but a CYA memo from the City Atty to try and deflect blame onto someone who no longer works there. Woodward & Bernstein can sleep in.

    1. Did the city attorney or her reps participate in the tiger team that met in the mayor’s office to review (and withhold) documents in violation of the California
      Public Records Act?

    2. I completely agree with Craig’s comment, and think the city council should hire outside, independent counsel to determine who’s culpable for the Ash Street fiasco. The council must not take Mara Elliot’s advice on how, when, and why to settle any if this litigation, because she and Mayor Gloria are both responsible, to some extent, for the approval of this terrible real estate transaction.

  2. January 2019, I requested a San Diego City Council meeting to discuss the criminal activities of three City real estate projects that Falconer, Elliot and high level City employees were involved in. Those projects were 101 Ash St., 1401 Imperial Ave. and Horton Plaza. At the end of the meeting it was decided to investigate only 101 Ash St.

    The most glaring evidence of criminal conduct is the two forged documents that are part of the public record that tell us that 1401 Imperial Ave was worth 21 million dollars. Based on these forged documents City Council voted to buy 1401 Imperial Ave. from convicted felon, former Coastal Commissioner, Dave Malcolm.

    Falconer, Malcolm and Elliot are criminals.

  3. How anyone can think that Faulconer and Mitchell didn’t orchestrate this entire fraudulent scheme is beyond me. For one thing Faulconer isn’t smart enough to pull it off without some help. And Mitchell is smart! Hopefully we’ll get to see it play out in a criminal trial.

  4. The cover-up keeps growing. How come we haven’t heard anything about DA Stephan’s long-ago confiscation of PCs, etc of Jason Hughes and others? Are findings still to come?

  5. Michell and Puetz are both negligent and criminal in their actions. Both should be prosecuted to the full extent of the law. To suggest her resignation had nothing to do with Ash Street is laughable. Why did she try to hide the evidence of her actions taken at the behest of her boss, Kevin Faulconer? I hope criminal charges are filed and they are all prosecuted for their actions.

  6. Who were the people who reviewed all the documents turned up by staff in response to parties California Public Records Act requests? Names and employers please?

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