Legal Question in Administrative Law in California

I sit on the city's Environmental Board which is composed of citizens appointed by city council members. EB is advisory only, no governing authority. One city council member is president of a large non-profit group which is actively working to get approval for a controversial project which I personally oppose. The EB has held no meetings or discussions of any kind regarding the non-profit group's project and issued no opinion; the project isn't even on the agenda. I have spoken to two acquaintances about it (different times, neither EB members). I attended a public meeting about the project hosted by the city council member's group. Public comments on the project were welcomed and I wrote a letter in opposition to the project as an individual and not representative of the EB. I did identify myself as a member of the EB when I signed my letter; I was appointed by a former city council member/mayor who is also past president of the non-profit group and still an active core member. I am known to these people and they routinely go after opponents, especially those who do not identify their associations and affiliations. I am now being charged with violating the Brown Act but nobody is saying what the violation is. Did I violate the Brown Act? If so, How? The city council member (non-profit group president) is lobbying for my removal from the board because I personally opposed her group's project; had I been in favor of the project I could have committed any violation of any law and the city council member and her group would have said nothing. I believe her action to be a vindictive abuse of power and conflict of interest. Correct? What are my options? Please note this city council member made a personal visit to the EB last year and gave instructions for board members to come to her directly with any questions or comments about any issue. Two other recently elected city council members made no such visit and no other council member has ever approached the EB in this manner. I believe her visit to the EB was an attempt to divert potential opposition to her group's project which at the time was pending release to the public for commentary.

Helen


Asked on 4/05/11, 9:48 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Welcome to HB politics. If you are serious about fighting this, feel free to contact me to consult and review the specific allegations and what you can do to clarify or correct the situation, if possible.

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Answered on 4/05/11, 12:56 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I doubt that the Environmental Board and its members are subject to the Brown Act. The Act applies to "local legislative bodies" and purely advisory bodies are not in any sense legislative. Do you have access to the City Attorney? Ask him or her.

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Answered on 4/05/11, 1:32 pm


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