RETURN TO BROWN ACT VIOLATIONS

This Board, on January 7, 2004, did violate the following sections of the Brown Act:  The Lassen County Times further documented this violation, in the January 20, 2004 issue, page 12A.

"At its special meeting, on Wednesday January 7, the LMUD board decided not to hold a special closed session meeting to discuss the court hearing."

Brown Act Section, 54954.2

"No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under 54954.3.

Wayne Langston introduced a subject that was not on the January 7, 2004 Agenda and a subject that was not proposed for the February 5, 2004 Agenda. Wayne Langston proposed action to hold a special meeting prior to the scheduled regular meeting on February 5, 2004.

Wayne Langston began a discussion on having a special meeting prior to the hearing on January 26, 2004 hearing on the Spencer/KWH vs. LMUD case. A collective decision was taken and recorded by the members present. A quorum existed (3) with George Sargent, Nancy Cardenas, and Wayne Langston.

Brown Act Section, 54952.6

"As used in this chapter, "action taken" means a collective decision made by majority of members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance.

Wayne Langston, at the end of the agenda, asked the board members that were present, if they should schedule a special meeting before January 26, 2004. George Sargent and Nancy Cardenas asked what was happening on January 26, 2004 and Wayne Langston replied that the Spencer vs. LMUD hearing was on this day. Wayne Langston again asked the two Board Members if they wanted to call a special meeting. George Sargent and Nancy Cardenas responded that they did not feel that a special meeting was needed. A collective decision not to call a special meeting prior to January 26, 2004 was made.

CURE AND REMEDY

The Brown Act provides for legislative bodies to add agenda items. This requires a two-thirds vote of the members present. KWH recommends that this board follow the rules allowed by the Brown Act.

LMUD retains legal counsel that serves as Parliamentarian at the LMUD meetings. LMUD's legal counsel was not present on January 7, 2004 and has not been present for three consecutive meetings.