Wednesday, September 19, 2007

Meeting in Governor Schwarzenegger's office violated Brown Act

What or who compelled Cynthia Bryant, Governor Arnold Schwarzenegger's director of the Office of Planning and Research to meet behind closed doors with four of five Barstow City Council members (including Mayor Lawrence Dale), Barstow's City Manager and Barstow's Director of Economic Development in Sacramento on September 6, 2007?

Bryant's participation in the meeting raises questions about other possible Brown Act violations that may have occured in the Governor's office. Is it possible the Governor's Office of Planning and Research isn't familiar with provisions of the Brown Act?

The closed-door meeting in the Governor's office was clearly understood to be a violation of the Brown Act as now acknowledged by Barstow's Mayor Lawrence Dale, City Councilwoman Julie Hackbarth-McIntyre and Barstow's City Attorney at this past Monday night's City Council meeting.

It is now clear that item #31 on the September 17, 2007 City Council meeting agenda (a report on the 9/6/07 meeting with Bryant) was meant to "cure" the Brown Act violation that had occurred more than ten days earlier in Sacramento. However, the published agenda item failed to acknowledge the Brown Act violation. The published item also failed to clearly acknowledge that the Mayor and three of four other council members were present at the meeting with Director Bryant.

Also concerning, the City's official report apparently "misconstrued" what Director Bryant had said at the meeting. Bryant was compelled to fax a letter from the Governor's Office on Monday, 9/17/07 clarifying what she said at the meeting. Apparently Bryant requested that the Mayor read her letter at the Council meeting to make things clear.

At Monday's City Council meeting, apparently no one requested the Mayor or three members of the City Council who participated in the Brown Act violation to disclose what was said or represented by City Officials at the meeting in the Governor's office or at any other meetings that took place the week of September 3, 2007 in Sacramento with a majority of the Council present or in back-to-back "serial " meetings. While the meeting in the Governor's office has been reported in the press as a meeting where the four members of the Council simply received information; that representation has yet to be verified with each of those present.

No one asked publicly what was said by City officials at the meeting; or what may have been conveyed by those present to Bryant or other policy makers after the meeting.

No one asked if the Council members present had reached any sort of concensus or had conveyed their feelings or position to Bryant during or following the meeting.

No one asked if any of those present represented any "official" position of the City nor what that might have been.

No one asked who if anyone else other than the six officials from Barstow and Bryant were present during the closed-door meeting (other administration officials, lobbyists, Barwest representatives, tribal leaders, etc).

And given Mayor Dale's recent unauthorized letter to the Bureau of Indian Affairs and his portrayal of personal opinions as official city positions, these sorts of questions are most appropriate and the answers are quite relevant to determining exactly what, if any, more serious violations of the Brown Act may have occurred.

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