KAN WE HELP
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KWH
P.O. Box 1243 Westwood, CA
96137
530-256-2066
FAX 530-256-3963
e-mail
address: executive.committee@kanwehelp.com
December
5, 2003
LMUD
Board of Directors
65
S. Roop Street
Susanville,
CA 96130
Re:
Violation of the Brown Act, December 4, 2003
Dear
LMUD Board of Directors,
Without any correction or objection, the LMUD Board of Directors, allowed Wayne Langston to violate the Brown Act on December 4, 2003 at your regular meeting.
1.
The Brown
Act (54954.2 a) states the following:
“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 Section 54954.3”
There was no public testimony.
Wayne Langston introduced a recommendation to the
Board for their consideration a change in the Public Comment portion of the LMUD
agenda. A detailed description was given by Wayne Langston to look back for two
years at the public comment rules. Wayne Langston stated, to the Board Members,
that he is tired of the criticism.
Cure and remedy:
Wayne Langston has proven that he has no respect for
California’s open meeting law. This
Board should take action to remove Wayne Langston from the chair position. His
abuses have been well documented.
2.
The Brown
Act (54954.3 c) states the following:
“The legislative body of a local agency shall
not prohibit public criticism of the policies, procedures, programs,
or services of the agency, or of the acts of omissions of the legislative
body”
Wayne Langston, during a speaker’s five-minute
public comment period (on Agenda item 5B) did interrupt a speaker because he did
not like what the speaker was saying. The speaker’s time had not expired.
Wayne Langston asked the speaker to leave the meeting because he did not like
what the speaker was saying.
Cure and Remedy:
Wayne Langston has proven that he has no respect for
California’s open meeting law. This
Board should take action to remove Wayne Langston from the chair position. His
abuses have been well documented.
3.
The Board
stated on the December 4, 2003 LMUD agenda (Agenda item 6) the following:
“6. REPORT OF ACTION TAKEN IN CLOSED SESSION (IF
ANY)
Further this LMUD Agenda also stated the
following:
“CLOSED SESSION: At any time
during this meeting, the Board may adjourn to a closed session
pursuant to the Brown Act.
The Brown Act (54954.2(a) states very clearly the
following:
“At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an agenda
containing a brief description of each item of business to be transacted or
discussed at the meeting, including items to be discussed in closed
session.”
“No action or discussion shall be undertaken on
any item not appearing on the posted agenda.”
“Prior to discussing any item pursuant to this
subdivision, the legislative body shall publicly identify the item.”
Board may call an “unagendized” closed session for
work stoppage or a natural disaster.
Cure and Remedy:
This Board must clearly understand that they must post
and identify, 72 hours in advance of a regular meeting and 24 hours
in advance of a special meeting, all closed sessions.
4.
The Brown
Act (54954.1) states the following:
“Any person may request that a copy of the agenda,
or a copy of all the documents constituting the agenda packet, of meeting a
legislative body be mailed to that person. Upon receipt of the written of the
legislative body or its designee shall cause the requested materials to be
mailed at the time the agenda is posted pursuant to Section
54954.2 and 54956 or upon distribution to all, or a majority of all, of
the members of a legislative body, whichever occurs first.”
The LMUD Board posted the Agenda on December 1,
2003. I have requested the Agenda to be faxed to me. I received only the Agenda
on December 1, 2003.
Wayne Langston announced, at the December 4, 2003
regular LMUD meeting, that he receives an advance copy because he is involved
with creating the agenda. Wayne Langston stated that he did not know when the
other Board members receive their packets.
Cure and Remedy:
Mail or fax the agenda with all documents
constituting the agenda packet the day the agenda is publicly posted.
The entire Board is responsible for Wayne Langston’s abuses. You sit there and allow him to violate not only California’s open meeting law but the First Amendment rights afforded to every citizen of this country. This LMUD Board of Directors has exposed LMUD to federal complaints of civil rights violations.
Sincerely,
KWH Executive Committee
cc: California
First Amendment Coalition
Cooper, White, Cooper
Robert Burns, Lassen County District Attorney