Pursuant to CA Government Code section 54960.2(a)(1) (the "Brown Act"), the undersigned hereby submits this cease and desist letter to prevent future conduct of the type described below. The undersigned alleges that during the September 11, 2018 City Council meeting, Mayor Robert Garcia violated CA Government Code section 54954.2(a)(2) which limits members of a legislative body to briefly respond to statements made during public comments on non-agendized items.

During the Sept. 11, 2018 City Council meeting, four members of the public variously spoke during the time for public comments on non-agendized items to voice various criticisms of the City-operated animal shelter (including some issues listed in two City Auditor reports) and Mayor Garcia's record on the matter. The Mayor allowed each public speaker three minutes to speak, the period specified in the Municipal Code and a time limit he routinely enforces. After the speakers concluded, Mayor Garcia proceeded to deliver a statement lengthier than the time allowed in the Municipal Code to any public speaker -- fully 3 minutes, 39 seconds to himself -- attempting to defend his record and that of the city's shelter.

None of the eight Council members present (Gonzalez absent) raised a point of order. The City Attorney raised no objection at the time.

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CA Government Code section 54954.2 (a)(2) states: "No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3."

The Mayor's statement -- longer than the time allowed in the Municipal Code and any member of the public -- cannot reasonably be construed to comply with the "brief response" limitation specified in the Brown Act.

The Mayor had a clear option that was consistent with the Brown Act; he could have requested that the issues raised by the public be agendized for a future Council meeting. In addition, any Councilmember(s) could have raised a point of order and asked that the matter be agendized for a future Council meeting. The City Attorney could also have raised the Brown Act issue and suggested the option of a future agenda item if the Mayor or Councilmembers so wished.

The undersigned acknowledges that Councilmembers and the City Attorney may not have known in advance the extent of the Mayor's planned statement. We have no evidence of any foreknowledge of the Mayor's lengthy Sept. 11 statement by Councilmembers or the City Attorney. However at some point, it should have become clear that the Mayor was exceeding what the Brown Act allows. It is no defense that the Mayor might prefer to corral discussion of these issue to a "task force" he has created; the public has a statutory right to compliance with the Brown Act by the Mayor and the legislative body.

Since no Councilmember(s) or the City Attorney exercised the options available at that time, the undersigned believes similar actions will re-occur as the Mayor (and potentially some Councilmembers) will consider themselves free to engage in similar conduct in the future.

Accordingly, the undersigned requests pursuant to CA Gov't Code section 54960.2(b) that the legislative body provide the undersigned with a statute-specified unconditional commitment that such conduct will not re-occur in the future.

Very truly yours,

s/ Bill Pearl, publisher
LBREPORT.com

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