Dean Flippo, Monterey County District Attorney

Salinas, CA Friday, July 14, 2000

Dear Mr. Flippo:

We write to respectfully request that your office please open an investigation on several probable violations of the Open Meeting Law (also know as the Ralph M. Brown Act - Government Code Section 54950-54962) by the Mayor and some councilmembers of Carmel-by-the-Sea.

You know we have not taken up your time with trivial matters. Although I have observed many local "Brown Act" violations, including a few flagrant ones, this set was too persistent to let pass.

In a single Carmel Council meeting, the California Open Meeting Law appears to have been violated at least five times.

1) On July 11 the Mayor, Sue McCloud, decisively restricted comments to "questions only" on an issue regarding Raccoons. The Open Meeting law prohibits any such policy or direction.

2) The Mayor then allowed "anti-raccoon" (my characterization) commenters preface their questions with statements of fact and opinion yet she sharply cut off "pro-raccoon" speakers to "questions only." The Open Meeting law prohibits comment censorship on a noticed subject.

3a) Soon afterwards in the Public Comment period, the Mayor cut off another speaker, a Ms. Sharp, who tried to comment on the Raccoon issue.

There is no dispute that the raccoon issue is within the jurisdiction of the city. This means all citizens had the right to speak on the raccoon subject at one of those two times during the meeting - yet McCloud refused her that right for both comment periods and failed to point out when the appropriate time would have been.

3b) Still during Public Comment period, the Mayor was soundly criticized by former Pacific Grove councilman Terrence Zito and Ms. Sharp's mother for violating the Brown Act by not permitting Ms. Sharp to speak. The Mayor then appears to have cut Mr Zito's remarks short.

As you know the Open Meeting law specifically authorizes criticism of both agency or official's actions exactly as Mr. Zito was attempting.

4) Much later at the same meeting an item regarding "Highway 1" had been placed on the agenda by Mayor McCloud and Mayor-pro-tem Paula Hazdovac. Yet when the Mayor opened the item she immediately deferred the discussion to Councilman Dick Ely who began with carefully prepared remarks advocating a 180 degree reversal of policy.

There was no staff report on this item, yet a real-estate broker supportive of the policy reversal made remarks that indicated she fully understood the details of this potential policy reversal and had discussed it with her associates - even though the subject had not been spelled out on the agenda.

As the council consists of five members, and it appears that at least the three councilmembers may have discussed the substance of the 180 degree policy reversal issue prior to the meeting - at the very least it appears that a serial meeting took place. As you know the Open Meeting Law specifically prohibits a quorum from discussing an issue prior to its public appearance.

5a) After Councilman Ely discussed the "Highway 1" issue, the City Attorney notified the council that Ely had improperly raised a specific issue when only a general issue was publicly noticed.

5b) Adding to the problem is that Mr. Ely not only started his remarks - he completed them. Yet the audience comments in opposition were strictly restrained to what was noticed in the agenda.

These five events were not accidental or subtle, they were deliberate and decisive, and in some cases possibly planned, letter and spirit violations of our Open Meeting law two of which were noted by the City Attorney and a former councilman - both expert with the Open Meeting law.

While the Mayor may be new to conducting Council meetings - she surely conducted meetings while employed as a CIA officer; and while McCloud, Ely and Hazdovac are newly working together on the Carmel council, none of them are new to California public office or the Open Meeting law. Ms McCloud has been a Carmel councilwoman for the previous two years; Mr. Ely was recently Chair of the Monterey Peninsula Water Management District; and Ms. Hazdovac has been a Carmel councilwoman for at least 6 years. In this case ignorance of the law is not a reasonable excuse.

We respectfully request that your office please open an investigation on these probable violations of the Open Meeting Law - Government Code Section 54950-54962 and take all necessary and just steps to remedy the harm from the violations - as well as taking action to prevent recurrences.

Thank you in advance for your careful attention to this serious matter.

We look forward to your substantive, written response to the request raised here within 30 days.

If any of this is in the slightest way unclear please contact us ASAP by phone or mail.

With all due Respect,

David Dilworth, Acting Secretary and Trustee 831/624-6500

Copies Sent to:

Carmel, Pacific Grove and Monterey City Councils

Attorney General, William Lockyer

League of Women Voters, Monterey

Carmel Residents Association

Coast Weekly

Monterey Herald >League of Women Voters, Monterey

Carmel Residents Association

Coast Weekly

Monterey Herald