San Carlos is denying that they committed an open meeting violation when they conducted a closed session to appoint the mayor and a councilman to represent the city in a mediation with an adjoining city. Instead of listing the matter on the closed meeting agenda, the city simply listed “anticipated litigation” which gave the council a right to meet privately.
An attorney hired by the city said the term “anticipated litigation” was not intended to indicate a pending lawsuit but instead refer to the mediation itself as a legal process protected under the Brown Act, California’s open meeting law. -db
From the San Carlos Patch, April 2, 2011, by Kenny Porpora.