The 49ers and Santa Clara have subverted the voters right to determine whether or not stadium construction should follow the competitive bidding process specified in the City Charter.

The 49ers wanted complete control of construction. Since the City Charter requires competitive bidding for such a project, they decided the Charter would have to be changed. This would be submitted to the voters, who would decide whether or not the change would be permitted. So they agreed it would go on the ballot.

During the October 27, 2009 Council meeting, the City Manager admitted hearing the 49ers mention more than once, prior to signing the Term Sheet, that they would "look at State law" to bypass the bid process required by the Charter. Thus both parties were aware that the Term Sheet they would sign might be irrelevant. The 49ers went to Sacramento and, with the help of Senator Alquist, got SB43 fixed to do just that. Our Mayor and two Council members went to Sacramento to lobby for SB43. When it came through the way both parties wanted it, they acted surprised! Is that believable? And doesn't this criminal behavior call for prosecution?