the agencies which serve them."

Dean Flippo, District Attorney

Monterey County Jan 30, 2001

Dear Mr. Flippo:

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

This is our third complaint regarding Ms. McCloud's harmful and serious disregard of our state Open Meeting Law. You received our first complaint about the Mayor's improper Open Meeting actions dated July 14, 2000. I kept written notes of a September 7, 2000 meeting with an additional violation which are described below, but was too busy to write them up and send it to you - until horrified by a further and even more harmful third meeting with violations on Jan 24, 2001 by the Carmel and Pacific Grove Councils in a joint Council meeting. Our letter to you on that issue is dated Jan 26, 2001.

On Sept. 7, 2000 Carmel's Mayor, Sue McCloud, tried to cut my remarks off while I was commenting on the agendized Council item (IX, A) of the controversial Report on Home Mail Delivery. Ms. McCloud interrupted claiming I was not on the topic. I was describing the broad picture of not necessarily flattering conditions in Carmel. As you know the law specifically allows criticism -

I was momentarily stunned by her improper interruption, but recovered and stumbled through explaining that I was setting the context for the point and my remarks that were on topic. I tried to continue, but this had knocked me off my formerly clear train of thoughts. Her improper interruption weakened the subsequent impact of my comments, reduced the time for my remarks and prevented me from getting some information across. You can verify the proceedings as the Carmel Council meetings are audio taped.

This specific event is a serious chill on public participation guaranteed by our Open Meeting Law. This interference harmed my ability to speak out and to get my point across. If I was not confident of my rights under our Open Meeting Law I could have been intimidated into sitting down.

It is hard enough for most people to get up in front of a council and dozens of people they don't know. Speaking in public has been found in polls to be more feared than dying. When a meeting moderator sharply chills speech it can intimidate people into diluting or limiting their concerns or worse - from speaking out at all. Chilling public comment is massive harmful interference with constitutionally guaranteed free speech and public participation.

In my opinion, these events are a symptom of widespread problem that is not going away and that the three councils needs a lesson in Open Meeting law. Carmel's City Attorney has given Open Meeting law courses to the public at Monterey College of Law. Perhaps you could insist the Carmel Mayor and Council attend such training.

Carmel has begun videotaping and broadcasting Council meetings as of January. Please allow us to request you monitor these tapes as you can get the flavor of how serious this problem is.

We respectfully request that your office please open an investigation on this probable violation of the Open Meeting Law.

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