To ensure that the Tulare County Board of Supervisors complies with California’s open meeting law, the local newspaper and the California Newspaper Pulbishers Association are joining a lawsuit to block the board from holding regular closed lunch meetings paid by the taxpayers and often attended by a board quorum. -db
April 12, 2010
By Valerie Gibbons
The Visalia Times-Delta/Tulare Advance-Register and the California Newspaper Publishers Association have joined open-meetings watchdog Richard McKee in his lawsuit to halt the Tulare County Board of Supervisors’ practice of meeting during lunches.
The suit alleges board’s practice of meeting for lunches with a voting majority of the board violated open-meetings laws — known collectively as the Brown Act.
The lawsuit does not ask for damages. Instead, McKee, the Times-Delta/Advance-Register and CNPA are asking a court to order the Supervisors to comply with state laws.
The Times-Delta/Advance-Register and CNPA joined the suit as plaintiffs on Friday.
“Tulare County taxpayers expect their legislative bodies — and the elected officials who serve on them — to understand and abide by California’s open meeting law: Giving the public notice of their meetings when there is a quorum and conducting the public’s business openly, not in secret,” she said. “That’s all we’re asking.”
Tom Newton, the general counsel for the CNPA, said the media trade organization decided to join the suit because a ruling against the supervisors could send a message to other elected boards and commissions.
“We believe there are many elected bodies that routinely meet without notifying the public,” he said. “They discuss business as they dine or drink — and the public cannot participate. We thought it was important that a court look at this issue.”
Fresno-based attorney Bruce Owdom will represent both the CNPA and the Times-Delta/Advance-Register in the suit.
“A legislative body isn’t in the position to decide what the public should, or should not, know,” he said.
A January review of the board’s expense records by the Times-Delta/Advance-Register found that supervisors charged 228 meals to taxpayers in the first half of 2009.
The investigation found further that a voting majority of the board — known as a quorum — was present during 30 of those meals.
State law makes it illegal for the board to discuss business outside a publicly announced meeting when a quorum is present.
After news of the Supervisors’ lunches became public, McKee sent the board a demand for a correction, asking the board to stop the practice or face a lawsuit.
In March, Supervisor Steve Worthley, the board’s chairman, fired off a scathing reply to McKee.
Worthley said just because the meals were reimbursed as a business expense, and a quorum was present at some of those meetings, that there was no evidence of a violation of the Brown Act.
He added the lunches serve an important purpose “of fostering collegial relationships between the board members.”
“This helps ensure that the board operates most effectively and efficiently at public meetings,” Worthley wrote in his response. “Individual board members naturally disagree on specific matters and issues, sometimes quite strongly, and socializing on occasion during mealtime helps promote more effective relationships between board members.”
The Supervisors voted last month to defend themselves against McKee’s suit. Now that the paper and the CNPA have joined the complaint, the board has 30 days to draft a response, said McKee’s attorney, Kelly Aviles.
Copyright 2010 Visalia Times-Delta