The Los Angeles County District Attorney has warned the La Habra Heights mayor that an e-mail he sent to the city attorney could result in a violation of the state open government law. The e-mail urged that action be taken on an issue concerning a new home without public comment “if possible.” -DB
Whittier Daily News
June 1, 2009
By Mike Sprague
LA HABRA HEIGHTS – The Los Angeles County District Attorney’s Office has sent a warning letter to Mayor Howard Vipperman, saying an e-mail he sent to City Attorney Sandra Levin could have led to a violation of the state’s open-meeting law.
Vipperman’s e-mail said he wanted the council to reconsider action on building a new home at 1454 Kashlan Road.
“I would like to put it back on the agenda,” Vipperman stated in the April 28 e-mail. “I would like to not take public comments if possible. I would like an agenda item crafted to amend our previous decision by removing any conditions.”
But the law requires that public comments be allowed at council meetings, officials said.
Jennifer Lentz Snyder, assistant head deputy for the District Attorney’s Office, stated in her May 20 letter to Vipperman that a violation of the Ralph M. Brown Act had not occurred but that Vipperman may have violated the spirit of the law.
“(But) the nature of the request memorialized in the subject e-mail strongly suggests a desire to subvert the open decision-making process and shut down the public discourse on a matter,” stated Snyder said Monday.
Snyder said the letter was sent to ask Vipperman to comply with the Brown Act.
“You can’t avoid public comment,” she said. “You always have public comment.”
The item was taken up at the City Council’s May 14 meeting and public comment was allowed, Vipperman said.
“I’m really not at liberty to discuss the e-mail,” he said. “It’s privileged.”
But there was no Brown Act violation, he said. “The e-mail itself is innocuous.”
Levin said she hadn’t read Snyder’s letter, but said Vipperman had done nothing to break the law.
The issue was over a home that the council had denied an appeal at its April meeting, but also asked the property owner to lower it by 7 feet to avoid obstructing neighbors’ view.
During the May meeting, the council voted 2-2, thus denying an appeal of the neighbors and allowing construction of the 3,819-square-foot home.
Copyright 2009 Whittier Daily News