The Ontario city attorney claims that California’s open meeting laws were not broken this week when the city council hastily appointed the fire chief city manager. Open meeting advocates are skeptical of the need to hurry the decision, suggesting other action that would have allowed input from the public. -DB
By Liset Márquez
ONTARIO – Brown Act laws were not broken Tuesday night when the council named Fire Chief Chris Hughes as city manager, the city’s attorney said.
City Attorney John Brown said the action by the council was not a violation of any open meetings laws despite the item not being on the meeting agenda.
Brown, who said he only learned of the possibility of Devereaux leaving on Monday, said the council did not break public meeting laws for two reasons: The need to appoint a new city manager, “arose subject to the posting of the agenda,” which was because City Manager Greg Devereaux was named County Administrative Office for San Bernardino on Tuesday morning, Brown said. “The need to take action prior to their next council meeting to allow time to negotiate a contract,” Brown said.
Richard McKee, president emeritus of Californians Aware, was skeptical about the swift action from the city. “I would argue there is no urgency,” he said. There are two reasons as to why it wouldn’t be a violation, but the city could have done things differently, McKee said.
The city could have made the decision at a special meeting, which only takes 24 hours for notice, or hired an interim city manager while a search was conducted.
Either choice would have given the public the chance to offer their input, McKee said. “The only reason you do this is to keep control of this decision,” he said. “What’s the urgency? Why is Ontario different.”
The council agreed to work out the details of Hughes contract at its next meeting.
The council discussed the appointment during closed session and took the vote during the meeting.
The next council meeting is scheduled for Feb. 2. Hughes is expected to start as the city’s manager on Feb. 12.
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