Imperial Valley Press
December 20, 2009 When everything comes out in the wash, we believe the American Civil Liberties Union will find that the county of Imperial sufficiently covered its behind so as not to violate the Brown Act. That in itself is troubling, because the county was anything but above board.
The ACLU is investigating the Imperial County Board of Supervisors over a decision to become an intervening party in a federal case involving Proposition 8, which made same-sex marriage illegal. The ACLU contends the county made the decision without notifying the public properly, which the organization says is a direct violation of the Ralph M. Brown Act, the state law governing how and when public organizations can make decisions regarding their constituents.
For us, we are not so much concerned about the issue of the county jumping on the Prop. 8 case. Rather, our concern is with the undercover nature in which this decision was made and how the county seems to be justifying its actions.
The Brown Act allows for boards such as the county Board of Supervisors to talk about items in closed session if they pertain to personnel matters, matters of real property negotiations or potential litigation as long as the items are placed on an agenda under those headings and as long as any decision made in closed session is later announced in public session.
The county counsel himself admitted that the county had been discussing the item and it was on the agenda as potential litigation. Supervisors Chairman Wally Leimgruber said the board had been talking about the Prop. 8 case since November.
Sure, on all counts they are right, and they clearly are protected by the law, having upheld its letter. But the whole issue smacks of being disingenuous, and a blatant disregard for the spirit of the Brown Act, which is meant to protect the public from boards operating in secrecy.
This whole issue could have been avoided if the county had been up front about its intentions to discuss climbing aboard the Prop. 8 case. It makes us wonder what there is about this that the board didn’t want the public to know. What was there to hide?
Public agencies are infamous for the sneaky ways in which they maneuver right out in the open. It’s unfortunate that we might in fact have that going on in Imperial County. Thankfully the ACLU, for all its faults, is shining a light on this. After all, perception is sometimes far worse than actual wrongdoing.