May 19, 2010
The report entitled, City of Taft Brown Act Violation, was posted on the Kern County Grand Jury website today and said in its findings that the council majority had violated the open meeting law by signing a letter which was directed to an unnamed 4th city councilman “demanding silence on certain matters…”
Last month, the council majority of Mayor Dave Noerr, and Councilmen Paul Linder and Randy Miller had consulted in closed session with the city attorney and outside legal council on employee harassment accusations against two councilmen and sent a letter to Councilman Craig Noble asking him to not publicly comment on the ongoing investigation because it could bring possible litigation against the City of Taft.
The letter was disclosed by Noble in an interview in a Bakersfield television news report.
Councilman Paul Linder, who said he was not contacted by the Grand Jury on the letter or interviewed on the issue, was surprised to learn about the new report.
“Frankly, I am surprised that the Grand Jury did not ask us about the letter or look into the legal process we took to conform with the law,” Linder said. “We noticed the meeting on the council agenda, placed it on the closed session agenda and did everything according to the law.”
Linder said that the council majority had consulted with outside legal council and the city attorney, both present in the closed session meeting when the letter was drafted. Linder said that the council was addressing serious personnel issues that could not be addressed in public and sought legal advise before taking any steps. The letter was intended to caution a council member against speaking about personnel matters that were closed session items, which could bring a law suit against the city.
Linder said he was disappointed that the Grand Jury was not asking the council about the process.
“It’s a runaway Grand Jury,” Linder said. “They are being used politically by some members of the Taft City Council. If they looked into what’s happening here, they would discover how they are being used.”
The report, on the other hand seemed to be blaming the council majority for losing sight of their role as council members.
“The three members being investigated in the present report seem to be pursuing a vendetta against the other two members and have lost sight of the true role of a
Council member (i.e., representing the citizens and the interests of the City of Taft),” the report read.
“All members of the City Council must lay aside personal differences and return solely to the business of representing the citizens and governing the City of Taft in
accordance with all laws and regulations.”
The report further criticized the council majority on the letters’ language and attempt to silence a council member.
“An attempt to silence an elected official has the effect of disenfranchising the people. The apparent actions of the three Councilpersons have violated the Brown Act and the interest of the people of Taft,” the report read.
The report concluded with two recommendations.
1. That the three Council members should conform to all sections of the Brown Act and cease all illegal acts. Additionally, the three should attend a retraining class on the Brown Act immediately, and 2., within 30 days of release, the City Council should put on the agenda of a regular scheduled meeting the contents of the present report for the sole purpose of soliciting comments from the citizens of Taft on what actions to take to resolve the issues raised in the present report.
Linder said that the council majority has been working in the best interests of the city to confront two members of the council on their conduct.
“It’s totally unfair,” said Linder. “Our problems are being caused by the minority, and we are the ones being criticized.”
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