CM PRESS # 503

SOME OF THE HOMELESS MAGNETS BEING REMOVED FROM LIONS PARK

Charity groups say they're looking for new locations.

I'm sure many Westsiders would suggest moving them over to the Eastside near where a bag of wind lives who has called for more charity services on the Westside.
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UNION HEAD NOW SAYS EMAILS TO/FROM REPUBLICANS WERE FORWARDED TO HIM

Great, so who forwarded them?  Who were they to/from? What is in those emails?  How about telephone calls? Was information from them also forwarded?  What about calls to the police department dispatch center? Was information on those calls forwarded? What other private information was forwarded to the union?

What about the information about how many cops were watching over threatened elected officials' homes?  Who has been spreading that information?

This is chilling that information.

This should be investigated. 

While it is not clear from the information released if the emails involve Costa Mesa elected officials or employees, one has to wonder if they do.  And, until all the facts come out, and the person(s) who have been sending information to the union is discovered, just about everyone in city hall and the police department  will probably not be trusted by citizens of Costa Mesa.

Do you feel comfortable about sending an email to city hall about some neighbor problem?  How about if you know the email will be sent to the union and maybe then be given to the neighbor?

Come on City Council, get to the bottom of this outrage.
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ISRAEL NOT IN FAVOR OF DIVERSITY IN ISRAEL--MAD AT OBAMA

Israel wants Obama to retract statements about returning to pre-1967 borders.  Will Obama cave in?
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WILL THE CITY INVESTIGATE THE ALLEGEDLY PURLOINED EMAILS?

Readers are asking the CM PRESS about the alleged interception of emails at City Hall by the union.

Was the union reading emails sent to our elected officials by private citizens?  If so, how did the union get access?  Was this an inside job? Did some employee give the union the information? Was a crime committed?  What private information has been obtained by the union?

Can citizens of Costa Mesa trust any employees?  Who do we know we can trust?  How do we know that?
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UH OH, END OF EARTH THIS SATURDAY 6 PM
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WHAT ABOUT THIS ALLEGED BROWN ACT VIOLATION?

As you know, Big Union and Big Out Of Town Employees are trying to stop any layoffs by a variety of means. 

One of those means is a claim that the two person ad hoc committees set up by the City Council violated the Brown Act.

From what we've seen, we think those arguing that there was a violation are mistaken both on the facts and on the law, but it'll be interesting to see how this unfolds.

What usually happens in such cases is that those complaining ask that the legislative body involved "cure and correct" the violation.  This is then often done by just redoing the meeting with the public properly noticed and invited to attend. End of the problem.

However, those cases usually involve some suspected violation that involves a quorum of the legislative body that made a secret decision to do something or  not do something.

This case does not involve a quorum so there is no clear cut violation in this regard. 

Instead, those complaining are arguing that the two person committees violated the law because it was not clearly stated that they were ad hoc committees, but were standing committees. 

Standing committees, even with less than a quorum, require proper noticing of the public and they have to conduct their business in public.

So, what has to happen is that the court has to find that the two person committees were standing committees.  And, if they are ruled as such, then the court can void the decisions of the committees.

In this case, those complaining are apparently hoping that the court will then void the decision to send layoff notices.

Suppose the Council does not cure and correct and the court rules against the Council?  The Council can simply meet in public and send out new layoff notices. But, of course, that just delays the inevitable.

Here's the section of the Brown Act that applies to this situation:

54952(b)

(b)A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

What happens if there is a violation?

Here's a LINK to Sec. 54960.1 which gives the remedies for a violation.

And for your reference, here's an earlier article from the DAILY PILOT in which the City Attorney denies there was any violation of the Brown Act. LINK

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