Balancing the County’s Budget Deficits
on the Backs of Children By Ray A. March
Part 25
Jan. 30, 2002, 5:30 p.m.
Brown Act, What Brown Act?
That same day, after firing its executive director, it was back to business as usual as the commission prepared to hold its second special session of the afternoon. The purpose of the second special session was to call for still another special session the next day to replace Michelson by hiring temporary extra help.
Without thinking ahead, the commission did not even have a staff employee to take the minutes of its special session.
The next day, Jan. 31, apparently rethinking the consequences of possibly violating the Brown Act, the commission decided that it had to give 24-hour notice and postponed the special meeting until Feb. 1.
Next: Part 26
The aftermath of the Michelson firing.
3 comments:
Hey, in Modoc there are NO consequences to violating the Brown Act. Never has been, never will be!
What consequences for violating the Brown act? There are no consequences. That's why we have a standing budget committee that meets in secret, in direct violation of the Brown act. There are no consequences and I dare anyone to find a case where there were any legal, negative consequences for any county Brown act violations.
There can only be consequences for Brown Act violations if the person or elected official (D.A., for example) follows through past the first cure and correct demand letter.
If whoever is making the charge does not follow through when the public agency either declines to respond or denies the claim, then of course nothing will happen.
Per the First Amendment Coalition:
"Any litigation challenging the legislative body’s response to the cure and correct demand letter must be taken within 15 days of the body’s official written response, or within 15 days of the day the legislative body’s 30-day response deadline passes."
So until someone who files a cure and correct demand letter stating that the BOS or other public agency took action illegally, thus violating the Brown Act, and then follows through with the litigation needed for compliance, things will only remain the same.
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