September 20, 2007

Silva waives right to hearing

Decides to retire

Editor’s note: On Monday, Sept. 17, Gerald Silva, the former San Jose city auditor who was fired last month following sexual harassment charges after 22 years on the job, sent a letter to the media, including the Almaden Times. Here is his statement:

“After much thought, deliberation and discussion, I have decided not to exercise my option to pursue an evidentiary hearing regarding my dismissal as San Jose’s city auditor. This was a difficult decision for me to make. On the one hand, I feel confident I can prove that the investigator’s report is not a reasonable or credible basis for imposing discipline on me or anyone else.

Gerald Silva

“On the other hand, pursuing an evidentiary hearing would prolong for many weeks or months this excruciating and all-consuming ordeal and require a significant financial commitment on my part, but with the attendant uncertainty of any judicial process. Further, new and exciting opportunities for me have recently emerged. I am convinced that it is in my best interest to focus my time and energy on pursuing these and other future career options.

“I know in my heart and mind that I was done a great injustice and more important my family, friends and colleagues know it too. In the final analysis, it is their opinion and faith in me that matters more than any judge’s opinion. I cannot begin to thank enough the many friends and associates who have shown me so much support, encouragement, caring and concern. They have sustained me and given me the strength to persevere during the last six terrible months.

“I also take great pride in my 22-year record of accomplishments as San Jose’s city auditor, which is unmatched by any other local government audit organization anywhere. No one can take what I have done for the city of San Jose away from me.

“The time has come for me to put this last horrific chapter behind me and start living the wonderful life that lies ahead of me.”