A San Bernardino County teamster’s union has charged the Mountain Area Regional Transit Authority with failing to convene in open session before adjourning to closed session, a violation of the state’s open meeting law, the Brown Act. -db
Big Bear Grizzly
August 27, 2010
By Arrissa Owen Turner
Mountain Area Regional Transit Authority violated the Ralph M. Brown Act, as well as California Labor Laws, according to the drivers and dispatchers’ teamster union.
In a letter from Carol Greene, San Bernardino County deputy county counsel, she states that “it is conceded that the (MARTA) board did not call itself to order prior to adjourning to closed session.” Greene states that as such any action taken in closed session would be considered null and void. However, there was no action taken in closed session so no corrective action to be nullified, Green states.
Green writes that in the future, the MARTA board will ensure any meetings are convened in open session before the board adjourns to closed session as required under the Brown Act.
Green’s letter was sent to Elizabeth Garfield, attorney for Union 572, in response to a letter sent by Garfield on Aug. 19 claiming the MARTA board violated the Brown Act.
Garfield also claimed the Employer-Employee Relations Resolution passed by the boar at its Aug. 16 meeting violated the California Labor Laws because MARTA representatives did not negotiate with Teamster Union 572 representatives prior to adopting the resolution.
Union representatives charge that there was not enough notice given prior to the resolution appearing on the agenda for the Aug. 16 meeting. The union was notified on Aug. 12, according to Greene. Lonnie Holmes, the union representative, did not have enough time to raise detailed objections and concerns prior to its passing, Garfield wrote.
MARTA will take no action to enforce the resolution until after a subsequent board meeting in September when the board will vote whether to adopt the resolution again, Greene states.
Kathy Hawksford, MARTA general manager, rejected the most recent offer presented by MARTA employees’. Union representatives also state that MARTA administration violated labor laws by imposing a deadline on negotiations. Union members are scheduled to vote on another MARTA offer on Sunday, Aug. 29.
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