California open government roundup: Columnist claims Brown Act throttles free speech

Columnist Joe Mathews argues that modern elected city government officials rely on negotiations to accomplish their business so some view the Brown Act, California’s open government law, as an obstacle. The act prevents complete city councils from participating in negotiations and since it covers only public meetings, deals are often made in private without public input. (San Francisco Chronicle, March 26, 2017)

The Sonoma Valley Sun, March 26, 2017, questioned whether the Sonoma Planning Commission violated the Brown Act in discussing an item not on the agenda after it was raised by a citizen during the public comment session. The commission discussed the issue at length then took a vote to place the issue on the agenda for the next meeting. The Sun said it could be a violation of the Brown Act to take action on an item not on the agenda.

The Solano County District Attorney’s Office sent a letter to the Montezuma fire district to alert it to two alleged violations of the Brown Act. The district held a discussion of a personnel item not on the agenda and conducted a closed session at another date while failing to disclose topics discussed or report if any action was take. (Fairfield Daily Republic, March 26, 2017, by Todd R. Hansen)

A Hanford city council member recused herself from a vote on filling a spot on the planning commission after she discussed one of the applicants privately with two councilmen. The Brown Act requires that such discussion be held at open meetings. (Hanford Sentinel, March 24 2017, by Seth Nidever)

An Antioch city council member accused her fellow council members of conducting serial meetings in violation of the Brown Act. In the meantime a citizen send a letter to the city attorney requesting copies of evidentiary documents submitted by the council member Lori Ogorchock in bringing her allegations. (Antioch Herald, March 2017, by Allen Payton)

A El Cajon city councilman is threatening to sue the council should they adopt a limit on how many items a council member could put on the agenda in a quarter and a year. Councilman Ben Kalasho says the policy would block his efforts to represent his constituents. The mayor made the proposal in the interests of reducing the burden on the staff. (East County Magazine, March 17, 2017, by Miriam Raftery)

A Paso Robles landowner accused the county board of supervisors of sidestepping the Brown Act by changing the strategy for the groundwater management act without putting the action item on the agenda. (New Times San Luis Obispo, March 15, 2017, by Peter Johnson)

After public protests over lack of transparency in sending a letter to President Donald Trump requesting help on marijuana crimes, the San Bernardino City Council voted to require public discussion and vote on any future letters.   (San Bernardino County Sun, March 6, 2017, by Ryan  Hagen)