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whether or not the council appointment in January can be rescinded now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.”