“without admitting any violation…” city responds to accusations of violating the Brown Act, promises to “cease” discussing salary and compensation in closed session

16 Jan

From next Tuesday’s council agenda, available here:

http://chico-ca.granicus.com/GeneratedAgendaViewer.php?view_id=2&event_id=96

CITY of CHICO
January 20,2014
OFFICE OF THE MAYOR
411 Main Street (530) 896-7250
PO Box3420 Fax:(530) 895-4825
Chico. CA 95927-3420 http://www.c, chico ca 

Jessica Allen
Citizens of the City of Chico

Re: Brown Act Cease and Desist Letter – August 5,2014

Dear Ms. Allen,

The Chico City Council has received your cease and desist letter dated August 5, 2014, alleging
that the following described past action of the legislative body violates the Ralph M. Brown Act:

– Discussion of employee compensation during closed session;
– Calling a special meeting to discuss or take action on the salary or compensation of a
local agency executive;
– Failing to report action taken by the City Council in closed session
– Failing to report the votes of each council member on action taken in closed session;
– Discussing or taking action on matters not specifically exempted from the open meeting
rules detailed in the Brown Act; and
– Discussing or taking action in closed session on items not posted on the agenda.

In order to avoid unnecessary litigation and without admitting any violation of the Ralph M.
Brown Act, the Chico City Council hereby unconditionally commits that it will cease, desist
from, and not repeat the challenged past action described above.

The Chico City Council may rescind this commitment only by a majority vote of its membership
taken in open session at a regular meeting and noticed on its posted agenda as “Rescission of
Brown Act Commitment.” You will be provided written notice, sent by any means or media you
provide in response to this message, to whatever address or addresses you specific, of any
intention to consider rescinding this commitment at least thirty (30) days before any such regular
meeting. In the event that this commitment is rescinded, you will have the right to commence
legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That noticewill be delivered to you by the same means as this commitment, or may be mailed to an address
that you have designated in writing.

Very truly yours,
Mark Sorensen
Mayor

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2 Responses to ““without admitting any violation…” city responds to accusations of violating the Brown Act, promises to “cease” discussing salary and compensation in closed session”

  1. casey January 17, 2015 at 8:19 am #

    How can you “cease, desist, and not repeat” something you haven’t done? You can’t. So logic deduces that the assurance to quit violating the law is also admission thereof.

    • Juanita Sumner January 17, 2015 at 8:48 am #

      yeah, thanks for saying.

      The whole atmosphere Downtown has become so absurd, I’m still waiting for somebody to get stuffed into a teapot.

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