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<br />Wednesday, December 28, 2016 <br />TO: Santa Ana Mayor Miguel Pulido <br />Mayor Pro Tem Michele Martinez, Ward 2 <br />Vicente Sarmiento, Ward 1 <br />Jose Solorio, Ward 3 <br />David Benavides, Ward 4 <br />Juan Villegas, Ward 5 <br />Sal Tinajero, Ward 6 <br /> ğƌƌ ǝźğ ĭźƷǤĭƚǒƓĭźƌθƭğƓƷğΏğƓğ͵ƚƩŭ <br />City Manager David Cavazos, ǝźğ ķĭğǝğǩƚƭθƭğƓƷğΏğƓğ͵ƚƩŭ <br />City Attorney Sonia R. Carvalho, ǝźğ {ƚƓźğ͵/ğƩǝğƌŷƚθĬĬƉƌğǞ͵ĭƚƒ <br />Clerk of the Council Maria D. Huizar, ǝźğ ĭƌĻƩƉθĭź͵ƭğƓƷğΏğƓğ͵ĭğ͵ǒƭ <br /> <br /> <br />To the Santa Ana City Council and Santa Ana City officials, via the above email addresses: <br />Cease and Desist Letter Pursuant to the Ralph M. Brown Act <br />I have noted with interest and dismay that you have scheduled a special <br />for noon today at which time you may consider PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE <br />. <br />This meeting, as constituted, is illegal under the Ralph M. Brown Act (Brown Act). The Mayors <br />attempt to hold a meeting <br />1.while three Council members, who have already refused to take part in the termination or <br /> <br />other discipline of the City Manager, are on vacation between Christmas and New Years Day, <br />2.to punish the City manager, through means not available given the presence of these members, <br /> <br />3.with the effect of serving the interests of entities that have contributed to, through direct <br /> <br />contributions or independent expenditures, the political campaigns of three of the four <br />members expected to be in attendance today <br />is an ambush that traduces the spirit of the Brown Act and raises the specter of payoffs to supporters. <br />You must not convene a meeting on this matter prior to your next scheduled meeting. <br />A failure to cease and desist may lead to litigation under the Brown Act, which would likely include <br />demands to cease and desist other of your expressed practices, as will be expressed in a subsequent <br />letter, such as not allowing persons to comment without the authorization of the meeting Chair unless <br />they have filed their intention to do so by the time that public comments begin. (Litigation on the latter <br />issues has not been feasible as a standalone action, only as part of a larger action such as contemplated <br />here.) A cure and correct letter regarding todays contemplated action may also be forthcoming. <br />Letter to Santa Ana Mayor and City Council, 2016-1228 <br /> <br />