City accused of violating open meeting law
Tariq Malik
LA HABRA -- City officials may have violated state open meeting laws when
they interviewed candidates to fill the vacant council seat left by
former Mayor Juan M. Garcia in January, the California First Amendment
Coalition is alleging.
In a letter mailed to City Hall last week, the coalition claims that city
officials violated the Ralph M. Brown Act, which regulates open meetings
for local governmental bodies and public agencies.
“We first heard about the issue from a representative from the League of
Women Voters,” said Terry Francke, general counsel for the First
Amendment Coalition. “We’re asking the city to make it clear that they
understand it is a violation and commit fairly to not repeat it.”
City Manager Thomas G. Mauk said city officials on Monday received the
letter outlining the organization’s concerns.
“[The letter] is being reviewed by the city attorney,” he said. “After
reviewing the statement, the attorney will respond to the coalition.”
On Jan. 22, council members held a closed session to interview 13
applicants for the empty interim slot left when Garcia resigned from the
council. Officials organized another, public meeting after the League of
Women Voters complained about the alleged violation, said City Attorney
Richard D. Jones. It was during that meeting that David E. McCauley was
chosen to fill the vacant council seat, which expires in November.
At the time, city officials maintained the private interview session was
allowed pursuant to government codes in the Brown Act, which makes
exceptions for the appointment of a public employee. However, coalition
officials said that specific code prohibits appointing any official
serving on a legislative body, such as the City Council, during a private
session.
Part of the difficulty in this case, Francke said, is deciding what
action to take against the council.
“Certainly it can be prevented in the future,” he said. “But as to
whether or not the council appointment in January can be rescinded now
because of the Brown Act, I don’t know.”
If city officials refuse to follow the recommendations put forth by the
coalition, the organization could level civil action against the council,
coalition officials said.
“Either our organization or the district attorney could go to court on
the issue,” Francke said. “Particularly, if the council refused to take
measure that would prevent the violation from occurring again, we could
get a court order to prevent this approach to filling council vacancies.”
Some residents see the coalition’s allegation as a verification of a
history of nondisclosure in local government.
“We see this time and time again here in La Habra,” said Lynton Hurdle, a
local activist and former city traffic commissioner. “It’s good that a
large organization like the coalition has taken the time to remind a
local governing body of their duty to the public.”
Jean Askham, president of the League of Women Voters for Orange County,
first brought the matter to the coalition.
“I think it’s incumbent on the public to be aware of what the Brown Act
requires,” Askham said. “There are too many things that can slip by
without the public’s ability to comment at all. A good government has
open meetings.”
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