HomeMy WebLinkAboutCORRESPONDENCE - 11BDuument2
Alcala, Abigail
From: Huizar, Maria
Sent: Friday, June 24, 2016 9:44 AM
To: eComment; Alcala, Abigail
Subject: ECOMMENT - Brown Act Violation - Request to Cure and Correct
Attachments: Brown Act Violation - Cure and Correct - 062116.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
This one received late. Please include as part of Agenda Item 11B on 6/21 CC Mtg. Thank you.
From: Elmore, Jered
Sent: Tuesday, June 21, 2016 4:57 PM
To: Pulido, Miguel <MPulido@santa-ana.org>; Sarmiento, Vicente <VSarmiento San >; Martinez, Michele
<MiMartinez@santa-ana.org>; Amezcua, Angelica <AAmezcua@santa-ana.org>; Benavides, David <DBenavides@santa-
ana.org>; Reyna, Roman <RReyna@santa-ana.org>; Tinajero, Sal <STinaiero@santa-ana.org>
Cc: Carvalho, Sonia R. <SCarvalho@santa-ana.orR>; Huizar, Maria <MHuizar@santa-ana.org>
Subject: Brown Act Violation - Request to Cure and Correct
Good evening, Mayor and Council.
Please see attached letter.
Jered Elmore
Senior Management Analyst
Public Works Agency
City of Santa Ana, CA
jelmore@santa-ana.or6
(714)647-3372
June 21, 2015
Mayor Miguel Pulido
Councilmember Vicente Sarmiento
Councilmember Michele Martinez
Councilmember Angelica Amezcua
Councilmember David Benavides
Councilmember Roman A. Reyna
Councilmember Sal Tinajero
City Council
City of Santa Ana
Dear Mayor and Council,
This letter is to call your attention to what I believe was a substantial violation of a central
provision of the Ralph M. Brown Act, one which may jeopardize the finality of the action taken
by the City Council of the City of Santa Ana.
The nature of the violation is as follows: In its meeting of June 7, 2016, the City Council took
action by formal vote to approve Item # 75F-1, which included:
1. The FY 2016-2017 Budget Ordinance on first reading;
2. The Seven -Year Capital Improvement Program beginning FY 2016-2017; and,
3. A Resolution amending and reestablishing the City's Classification and Compensation
Plan.
The action taken was not in compliance with the Brown Act because: the hearing was not
properly administered; I completed and delivered a public speaker card that was in the Mayor's
possession at the time of Council action but public comment was not received until after
Council voted; the Clerk alerted the Mayor to the oversight multiple times but the hearing was
not reopened nor was a motion to reconsider entertained as a quorum dissolved upon the
completion of my remarks; and, there was no finding of fact made by the City Council that
urgent action was necessary on a matter unforeseen at the time the agenda was posted.
In the event it appears to you that the conduct of the City Council specified herein did not
amount to the taking of action, I call your attention to Section 54952.6, which defines "action
taken" for the purposes of the Act expansively, i.e. as:
"[A] collective decision made by a majority of the members of a legislative body, a
collective commitment or promise by a majority of the members of a legislative body to
make a positive or negative decision, or an actual vote by a majority of the members of a
legislative body when sitting as a body or entity, upon a motion, proposal, resolution,
order or ordinance."
As you are aware, the Brown Act creates specific agenda obligations for notifying the public
with a "brief description" of each item to be discussed or acted upon, in part so that the public
may comment on any item before Council takes action as indicated in the relevant portion of
Government Code Section 54954.3.(x) quoted here:
"Every agenda for regular meetings shall provide on opportunity for members of the
public to directly address the legislative body on any item of interest to the public, before
or during the legislative body's consideration of the item, that is within the subject
matter jurisdiction of the legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2." [... j
It also creates a legal remedy for illegally taken actions—namely, the judicial invalidation of
them upon proper findings of fact and conclusions of law.
Pursuant to that provision (Government Code Section 54960.1), 1 request that the City Council
cure and correct the illegally taken action as follows: Pull Item 11A (SECOND READING
ORDINANCE: ADOPTION OF CITY BUDGET FISCAL YEAR 2016-2017) from the July 21, 2016 City
Council Consent Calendar and continue consideration of the ordinance and the two additional
associated Council actions listed above until after Council has properly conducted a hearing and
first reading in accordance with the Ralph M. Brown Act.
As provided by Section 54960.1, you have 30 days from the receipt of this request to either
cure or correct the challenged action or inform me of your decision not to do so. If you fail to
cure or correct as requested, such inaction may leave me no recourse but to seek a judicial
invalidation of the challenged action pursuant to Section 54960.1, in which case I would also
ask the court to order you to pay my court costs and reasonable attorney fees in this matter,
pursuant to Section 54960.5.
Respectfully yours,
Jered Elmore
Cc Ms. Maria D. Huizar, Clerk of the Council
Ms. Sonia R. Carvalho, City Attorney