Closed meetings are the exception and permitted only if they meet defined purposes . . . All actions taken and all votes in closed session must be publicly reported orally or in writing and copies of any contracts or settlements approved must be made available promptly. (Download The Ralph M. Brown Act Pamphlet from the State of California Here)
Many matters are discussed and decided behind closed doors at “Closed Meetings”, by the Board and the General Manager. There are 5 categories (1) Personnel, (2) Pending Litigation and (3) Labor Negotiations and (4) Property Negotiations, (5) Others, which may be the topics discussed at closed meetings, but all actions taken and all votes in closed session must be publicly reported. . . promptly.”
I have scanned several documents (agendas and minutes) that show a pattern and practice of Brown Act violations with respect to closed meetings.
May 2007 Board Meeting – Adjourn to closed session – 5 matters
June 2007 District Counsel Reported no reportable items from closed session.
June2007 Board Meeting – Adjourn to closed session – 3 matters
July 2007 District Counsel reported no reportable items from closed session.
July 2007 Board Meeting – Adjourn to closed session -1 matter
August 2007 – District Counsel unable to report on closed session because it was about him. General Manager reported no reportable items from closed session.
August 2007 – Board Meeting – Adjourn to closed session -2 matters
September 2007 – Tammy Rudock reported no actionable items from last month’s closed session since it dealt with contract for district counsel/legal services.
September 2007 – Board Meeting – Adjourn to closed session 1 matter
October 2007 – District Counsel reported no actionable item reportable at today’s meeting.
As you can see, the actions taken and votes are never publicly reported, as required by the Brown Act. Further, there are conflicts of interests in having the General Manager act as the negotiator in labor contracts when most of management salaries and benefits are pegged to those in the bargaining unit. As a five year contract for the service employees and for the general manager have already been approved, and these are all pegged together, the district should appoint its own negotiator, who would have the employer’s interests at heart, rather than the employees. A closed meeting may be held so that the board may instruct its own negotiator, without the knowledge of the other side. The employee group have their own negotiators. Final action on compensation for an individual employee must be in open session.
I am requesting that the Board comply immediately with the requirement, that at each board meeting, any closed meeting agenda items from a previously held closed meeting, be disclosed with respect to all actions taken, and all votes reported, and copies of any contracts or settlement approved be made promptly. Additionally, the board, should request that a report be made of all matters that were reportable (for the prior 12 months) be disclosed within a reasonable time.
Charlotte Darehshori
(Download a full explanation of the Ralph M. Brown Act Here)
Last 5 posts by charlotte
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