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You should seek advice from your City Attorney, or your personal attorneys, regarding personal <br />responsibility for knowing violations of the Brown Act under Government Code Section 54959. <br />As you are aware, the circumstances underlying todays special meeting are extraordinary. They are <br />detailed in the following article: http://voiceofoc.org/2016/12/santa-ana-mayor-calls-special-meeting- <br />in-apparent-attempt-to-oust-city-manager/. They are also summarized in a communication to the <br />Council, which you received received today, from a Yvonne Flores of Santa Ana: <br />A decision or vote on the evaluation of the City Manager's performance and/ or disciplinary <br />action should only occur with the attendance of \[\] ALL of the Council Members and not a special <br />group of select few, especially in light of having 2 newly appointed Council Members, Solorio <br />and Villegas, attending today's meeting and who have not been in the position long \[\] enough to <br />properly evaluate the past performance of the City Manager. <br />This special meeting, which has been called for in under 24 hours notice, during a holiday <br />week when people are traveling, and with 2 new Council Members attending, should be <br />postponed until next week when all Council Members can be present and properly represent <br />the best interests of the constituents of their wards. I request that Councilmen Solorio and <br />Villegas abstain from the vote as they can not evaluate an employee for performance, if they <br />were not present as Council Members for the time and performance that is being evaluated. <br />Ms. Floress accusation that the public has not received proper 24-hour notice of this meeting is <br />particularly disturbing. It should by itself prevent the meeting from going forward, lest it provide the <br />basis for an action to cure and correct any action taken by the Council today. <br />Pursuant to Govt. C. § 54960.1(a), I demand that the Council cease and desist from engaging in actions <br />that would violate Govt. C. §§ 54953(a), 54953(b) (based on the failure to post agendas at potential <br />teleconferencing locations), and 54656.5 (regarding emergency meetings.) <br /> <br />Most sincerely, <br />Greg Diamond <br />/s/ <br /> <br />Greg Diamond <br />Law Office of Gregory A. Diamond <br /> <br /> <br />Retainer Agreement, Non-Litigation, Considder page 2 <br /> <br />