Cupertino City Council removes planning commissioner following accusations of harassment

A Cupertino planning commissioner who has been accused of harassing community members and city officials over the years has been ousted from his post.

On Tuesday evening, the Cupertino City Council voted 3-2 to remove R “Ray” Wang. Wang was appointed to the planning commission in 2019 and was supposed to serve until January 30, 2025. Mayor Hung Wei, Vice Mayor Sheila Mohan and Councilmember J.R. Fruen voted for his removal, while councilmembers Liang Chao and Kitty Moore voted against.

“I believe in Cupertino and its future for democracy and for ethical leadership,” Wei said of her decision. “We need to honor the intelligence and character of our good residents who deserve good governance.”

Allegations of harassment against Wang date back to 2003 when Rosanne Foust, a former Redwood City Councilmember and then planning commissioner, sued him for harassment and stalking. Foust alleged he signed her business email up to receive pornographic material.

Subpoenaed records found at least three emails were sent from an IP address attached to Wang’s computer, according to the complaint.

Wang pleaded no contest to a misdemeanor charge of making an annoying telephone call and not guilty to two felony charges for impersonation and unauthorized use of another person’s personal identification, court records show.

The felony charges were dismissed due to a negotiated plea. Wang was ordered to complete 50 hours of community service for the misdemeanor charge, though the case was later expunged. He also settled the lawsuit with Foust.

Wang has denied the allegations over the years, stating he was hacked because he left his internet unprotected.

Just months after his appointment in 2019, Wang called housing activists “YIMBY neo-liberal fascists” on the online forum Nextdoor.

Richard Mehlinger, who was elected to the Sunnyvale City Council in November, screenshotted Wang’s comments and posted them to Twitter. Wang responded on Nextdoor by posting, “well that’s fun =) we’ll have to talk to Richard’s employer, DropBox. =)”

Serving in his official role as planning commissioner, Wang has also been accused of hostile behavior toward city officials — most recently over the city’s housing element process during which Cupertino identified potential sites where housing can be built.

At Tuesday’s meeting, Wang said the allegations against him have “no merit.” He criticized the council’s majority — comprised of Wei, Mohan and Fruen — of not reaching out to him to hear his side of the story.

“Part of the democratic process is forgiveness, especially when the facts dispel misinformation and lies told at the heat of the moment,” he said. “This is why we have due process in many areas and for those experienced councilmembers, one often waits to hear the facts before making a decision, unless motivated by political means.”

Moore said she voted against Wang’s removal because the city doesn’t have a process for censuring or admonishing commissioners.

“I’m deeply concerned for all of our commissioners who volunteer their time, effort and energy that we are sending a message the council is vengeful,” she said.

Neil Park-McClintick, president for the pro-housing group Cupertino for All said that he believes Wang’s removal “signals that we expect more from our leaders.”

“The planning commission is the most powerful commission in the city and the second most powerful body to the City Council,” he said. “It signals that we want to see leaders that treat our activists, our residents, all of those who participate in civic life with respect.”