An opponent of a proposed Target store plans may possibly take his complaint about a Brown Act violation to the state Attorney General office after the local prosecutor found there was not enough evident to back his claim. –DB
Santa Cruz Sentinel
April 29, 2009
By Ramona Turner
SCOTTS VALLEY — There is “not enough evidence” that Mayor Randy Johnson broke any Brown Act laws when he told a vocal Target store opponent to stick to the topic or he’d summon a police officer.
“I do not have proof one way or the other to the extent that I feel his comments were cut off because he was not speaking on the agenda item,” said Kelly Walker, who investigated the case for the District Attorney’s Office.
Bach, a staunch Target opponent, filed a complaint with the D.A.’s Office saying his right to participate in the deliberations at a local government meeting — as guaranteed by the Brown Act — were violated.
The charges stem from an incident at the April 15 City Council meeting. Bach used five minutes during the public comment portion at the beginning of the meeting, a time meant to discuss items not on the agenda, to ask that Mayor Randy Johnson and councilman Dene Bustichi remove themselves from voting on issues related to the proposed 143,000-square-foot store on La Madrona Drive. He claimed they had a conflict of interest.
Both councilmen declined Bach’s request.
Later, as the council discussed the possibility of foreclosing on the property because of unpaid assessment fees by property owner Title II, Bach again asked that Johnson and Bustichi step aside for the vote and tried to address comments brought up at the beginning of the meeting.
That’s when Johnson interrupted Bach and told him to stick to the topic or an officer would be called.
“They gave him time to speak about anything he wanted to at the beginning of the meeting,” Walker said. “When the ex-mayor rebutted what he said, Bach wanted to speak to that. But the time to speak on non-agendized items was over. He then wanted to take time on an agenda item to talk about that.”
Walker said the council has the right to control the meeting.
Johnson said he feels vindicated by the decision.
“I’m happy,” he said. “I think we go out of our way to give everybody the opportunity to speak. Part of my job is to ensure the forum that people follow the rules, the ground rules that everyone else observes.”
Unhappy with Walker’s ruling, Bach said he plans to confer with his attorney and file a complaint with the state Attorney General’s Office.
Copyright 2009 Santa Cruz Sentinel