The Fillmore city mayor conceded to a Brown Act violation but said since there was no consequences from the violation, the matter was closed. -DB

Ventura County Star
August 27, 2009
By Mike Harris

Responding to an accusation from Fillmore City Councilman Steve Conaway, Mayor Patti Walker has conceded that members of the council unintentionally violated California’s Brown Act earlier this month.

The Brown Act guarantees the public’s right to attend and participate in meetings of local legislative bodies.

Though details are sketchy, the violation stems from the council’s ongoing search for a new city manager. Transitional City Manager Larry Pennell is heading the effort to find a permanent successor to former city manager Tom Ristau, who resigned in March to become director of recreation and community services for the city of San Fernando.

Conaway made the accusation in a letter he sent Tuesday to City Clerk Clay Westling.

On Aug. 14, “I became aware, via e-mail sent to me from Mayor Walker, that a Brown Act violation occurred involving three of my fellow council members,” Conaway wrote. “This serial meeting was arranged and facilitated by Transitional City Manager Larry Pennell.

“Mr. Pennell intentionally sought concurrence of thought from a majority of the City Council. He and Mayor Walker received and acted upon information which they gleaned from the ‘hub and spoke’ serial meeting. As a council member, I expect that the City Manager will conduct business fairly, openly and with the highest ethics. Sadly, Mr. Pennell’s actions resulted in implicating three of my council members in this Brown Act violation.”

“As a result of the serial meeting,” Conaway wrote, “the trust instilled upon Fillmore officials will be diminished. When this issue came to my attention, I urged Mayor Walker to not act on the ill-gotten information. She chose to do otherwise. At this time, I am seeking a demand for cure for the violation.”

In response to Conaway’s letter, Walker opened Tuesday night’s council meeting with a request for an emergency closed session. After meeting privately for more than an hour, the council returned to its chambers where Walker announced that “an unintentional Brown Act violation has occurred, which caused no significant consequences, and the matter is now closed.”

Conaway declined to discuss his letter or provide any further details about the violation. On Wednesday, however, he, too, said that in light of Walker’s concession, “as far as I’m concerned, the matter is closed.”

Copyright 2009 the E.W. Scripps Co.