Dr. Jules S. Bagneris, III Asks DA To Look into Possible Brown Act Violations in Monrovia
By Terry Miller
Published: Friday, September 2nd, 2011
September 1, 2011
Mr. Dave Demerjian
The Monrovia Weekly has just obtained a letter sent to Deputy DA Demerjian as a follow up to our story on page one of yesterday’s paper regarding questions about Clarence Shaw’s seat being ‘Vacant’.
Here is the letter :
Head Deputy District Attorney
Public Integrity Division
Los Angeles County District Attorney’s Office
320 West Temple Street, Rm. 766
Los Angeles, CA 90012
Dear Mr. Demerjian:
The purpose of this letter is to report what appears to be a violation of the Brown Act by the Mayor and Members of the Monrovia City Council. The violation is related to city council discussion and/or decision regarding Councilman Clarence Shaw’s City Council seat and whether an appointment would be made to fill the seat while he leaves his council duties to fulfill military service requirements, apparently for one year or longer.
Specifically, between June, 2011 and July, 2011, council members conducted lengthy discussions at city council meetings on this subject although there was no listing on the posted agenda. Further, based on public statements made by the Mayor and other City officials, the Council made a decision on this subject (apparently outside of a public council meeting), however, no council agenda ever listed this item for consideration. Additionally, this matter may have been discussed in closed session although no such agenda listing or public report of action taken in closed session was ever made (indeed, there appears to be no legal basis for such a discussion to be conducted in closed session).
Based on the foregoing, it seems that one or more violations of the Brown Act occurred as follows:
• The discussion of an item not posted on the agenda.
• The decision on an item not posted on the agenda.
• The decision on an item not posted on the agenda and not voted on in public.
• The discussion and decision on an item not posted on the agenda and conducted outside the open meeting.
• The discussion and decision on an item not posted on the closed session agenda and not reported back to the open meeting as coming from the closed session discussion and decision.
I look forward to your investigation in this matter and providing a remedy for any violations as soon as possible. I have attached additional documentation which may assist in your investigation.
My best regards.
Dr. Jules S. Bagneris, III.
cc: Jennifer Snyder