It's a very sad, and very public, event that's been occurring all too often at Los Gatos Town Council meetings since the November election. Cosgrove will step to the podium to spew her obvious frustration about her role with the town.

She won re-election last fall for two very good reasons. She was the most experienced candidate, and her opponent, Teri Hope, did not campaign. So Cosgrove won easily. The trouble is, she really didn't want the job.

The town council had already changed the post that Cosgrove coveted. Prior to the 2004 election, and after Cosgrove had indicated her plans to retire and not seek re-election, the town council voted to split the position—clearly separating the duties between an appointed clerk and an elected one whose job would be ceremonial. The elected clerk would receive a stipend of $150 per month.

Prior to the 2004 election, Cosgrove held both positions, earning an annual salary of $56,000, only $1 per year of which was credited to the ceremonial duties.

It was set up that way purposely, so that Cosgrove could receive a better pension from the California Public Employees Retirement System.

Cosgrove was on pace to earn $2,200 monthly in retirement. What's more, she was part of the process when MarLyn Rasmussen was hired to become her replacement as the appointed clerk. In fact, she recommended Rasmussen.

According to Mayor Mike Wasserman: "Marian helped set up the whole structure for her departure. She was part of the solution for the whole transformation."

Then Cosgrove changed her mind and ran for re-election.

When she won, she discovered she was not eligible for her pension because she was still employed by the town—to the tune of the $150 monthly stipend that matches the earnings for council members.

That's when the trouble began. Cosgrove started to complain openly at council meetings about access to public records, about an "illegal" maneuver by the town to strip her of her duties and about the lack of a workspace.

"She wants a desk," said Wasserman. "The mayor doesn't even have a desk."

The town, nevertheless, did create a space for her to perform her statutory duties.

Now it turns out, Cosgrove is not performing those duties, all of which are strictly ceremonial. Wasserman calls it "stamping and certifying." All the documents are stacking up, although, fortunately, the town can still conduct business even with resolutions unsigned and unstamped.

Cosgrove is now taking up council time at each meeting complaining about her position, but she is not doing the simple duties set forth in her job description. It seems to us Cosgrove has abandoned her office.

Now to exacerbate the situation, it comes to light that Cosgrove has unpaid collect calls on the town books and is in possession of a town seal and embossers. But that's no big deal—she'll pay the bill and the town will recoup its losses. She'll return the seal and embossers.

The big deal is that her tirade will continue for the next four years, and that has got to stop.

In the best interest of the town, and in her own best interest, Cosgrove should retire her post as elected town clerk. So long as she holds the title of elected town clerk, she's not entitled to her pension.

Cosgrove served a long and exemplary 17-year career as the town clerk of Los Gatos. But every day she remains in that post she tarnishes her otherwise impressive record.

The town is moving on, and Cosgrove should, too.