19C - REPORT LETC COMMITTEE - Laserfiche WebLink

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Exhibit 1 session, an oral or written report of the action taken in closed session must be given which includes the vote of the legislative body members. Meetings must be held in an accessible location within the jurisdiction, Any and all interested persons must have the opportunity to attend. All materials used by the members of the legislative body both in preparation for and at the meeting are public records. Remember, it is always better to err on the side of openness to protect yourself. If you have any questions regarding the application of the Act to any part of your agendas, meetings or gatherings, whether informal or formal, seek legal advice. Summary of Consequences of Violation. A. Criminal penalties-- misdemeanor where action taken in violation of the act. B. Civil remedies -- 1. Injunction, mandamus, declaratory relief 2. Action may be voided following notice to correct, which must be received within 90 days, and acted on within 30 days, lawsuit filed within 15 days. C. Attorney fees 1. Awarded against agency, not individual. About the Orange County District Attorney's Office The Office of the District Attorney's Special Prosecutions Unit is responsible for prosecuting political corruption. Political/public corruption includes all criminal acts that relate to the election to and/or holding of a public office. The integrity of the political process is vital to our democracy. Among the crimes in this category are campaign money laundering, candidate residency violations, Political Reform Act violations, conflicts of interest, misuse of public funds and Brown Act violations. The Special Prosecutions Unit reviews all complaints of political corruption submitted to the District Attorney. Often the complaint is discussed with other agencies such as the United States Attorney, the California Attorney General and the California Fair Political Practices Commission. A determination is then reached as to which agency is best suited to handle the complaint. This decision is based on such considerations as the gravity of the violation, potential punishments and any possible conflicts of interest on the part of the District Attorney. If it is decided that the District Attorney can best handle the complaint, a thorough investigation is completed by the Special Assignments Unit of the District Attorney's Bureau of Investigations. A prosecutor specializing in these types of cases in the Special Prosecutions Unit then determines if there is sufficient evidence to prove a specific crime beyond a reasonable doubt. If so, that prosecutor will file charges and handle the case to its conclusion. The District Attorney believes that such crimes encroach on the fundamental democratic political process and should be vigorously prosecuted. State Legislation Authorizing Grand Jury to Investigate Violations Legislation, effective January 1, 2003 (AB 1945), confirms that it is a violation of the Brown Act to disclose confidential, closed session information. 19C-4