This press release just came in from the Recall Diane Harkey campaign. I covered this in a previous post, but this press release has a lot more information in it:
Diane Harkey and three other members of the Dana Point City Council violated the Ralph M. Brown Act “open meeting law” this week when Harkey released to the press a deceptive “Resolution” dated September 4, 2007, titled, “Resolution Against the Effort to Recall Dana Point Mayor Diane Harkey.” The Resolution was signed by a majority of the members of the Council. However, the Resolution was not passed during an open council meeting allowing for debate and public comment as required by the Brown Act. Rather, the four members of the Council who signed it did so in secret and without public debate. A copy of the unlawful Resolution is available here. Proponents of the Harkey recall have initiated legal procedures to require the city council to declare the illegal Resolution “null and void.” A copy of their legal letter to the city council is available here.
The Brown Act explicitly provides that
Dear Brother Art.
One thing about the Orange Juice blog is that we have agreed that at times we will disagree. This is one example.
I love it. “Ready, fire aim.”
This Resolution is nothing more than any Petition that you or I can sign in front of supermarkets on almost every week, such as the RECALL of CUSD School Board members. Anyone can sign it. In fact it has zero legal powers.
It does not bear the Dana Point city seal or address, nor does it have a city council Agenda Item number or cover page nor signature of the city clerk.
For Jim Lacy. Sorry Jim, but in my humble opinion this is not a Brown Act violation, just as attending the League of Cities meetings that are just concluding in Sacramento.
City council members can sit together at Mayor’s Prayer breakfasts. There is nothing sinister about multiple council members signing a private document.
I have a hard copy of the four page Sept 4th Dana Point Council Meeting Agenda and do not find a RESOLUTION in defense of Diane Harkey listed. In fact there are NO resolutions to be found. I just contacted the city to verify same. Nor is it listed on the Sept 4th meeting CLOSED SESSION where the only issue dealt with a public employee performance evaluation.
While Jim Lacy successfully defended Mission Viejo city councilman John Paul Ledesma, where I was a back-up witness, to a Brown Act violation against him in CLOSED SESSION, this allegation is way out in left field. At best it’s a grey cloud.
Take a close look at it. It’s a letterhead free piece of paper, reflecting an opinion with five lines and four signatures. It reads in part that “the undersigned individuals,” not council members, opposing the Recall. In fact, as it’s a copy I will not guarantee that the original has five lines which is a mute point anyway. It does not contain any official titles, address or telephone numbers. Therefore it was not city business.
It has nothing to do with any vendor, contracts, developers or any third party wishing to do business with the city of Dana Point. I find it humorous that Dana Points city attorney Patrick Munoz specializes in “solid waste matters.”
That’s what attacking this document is all about.
For the record. Jim Lacy and I have been friends for over a dozen years. At the same time I will go on record stating that I endorsed Diane in her campaign for CA Senate against Tom Harman and remain one of her friends.