Subject: Re: CBOC Audit Committee Meeting Friday, February 17, 2012
Date: Thu, 16 Feb 2012 12:12:53 -0800
From: Don Gosney <email@example.com>
To: Charles Cowens <firstname.lastname@example.org>
CC: Bruce Harter <BHarter@wccusd.net>, Bill Fay <BFay@wccusd.net>,
Magdy Abdalla <email@example.com>, Martin Coyne <MCoyne@wccusd.net>,
Robert Studdiford <firstname.lastname@example.org>, Norma Martinez-Rubin
<email@example.com>, Tony Thurmond <firstname.lastname@example.org>,
Charles Ramsey <email@example.com>, Madeline Kronenberg
<MKRONEN@aol.com>, Elaine Merriweather <firstname.lastname@example.org>,
Antonio Medrano <email@example.com>
Elected bodies have confidential meetings all of the time. When they
meet with attorneys, when they're dealing with litigation or contract
issues, when they're in negotiations--these are all exempted from the
Brown Act. The Brown Act does not go so far as to directly address
subcommittees but when a sub group smaller than half of the body meets
they are not in violation of the Brown Act. For instance, we’re having a
subcommittee meeting right now with this communiqué but it’s not
required to be noticed, agendized, recorded or anything else.
Do you or Anton insist on being a part of every subcommittee meeting of
your City Council, County Supervisors Municipal Advisory Committee or
other legislative body? Why do you suppose that all of these
bodies—going all the way up to the State legislature—can get away with
not inviting the public to attend every confidential meeting but here at
the level of the School Board Bond Oversight Committee it’s a requirement?
Have you or Anton ever insisted that you be allowed to sit in on the
contract negotiations with the teachers, expulsion discussions or
meetings with the attorneys when we’re sued or suing someone?
Anton never seemed to have a problem with holding meetings like this
when he was on the body or the sub-body but now that he’s not does he
feel that we’re in violation of the law? Is there a double standard
playing out here?
As for speaking with the District’s legal counsel, I don’t know who that
person is but I can’t imagine that they are without counsel. Considering
the number of times we’re either sued or a citizen demands something I
would think they have someone on standby to handle these situations. Of
course, you could ask Dr. Harter and he could tell you the proper steps
to take. But since the information I’ve been telling you all has come
partly from Dr. Harter, I’m guessing that the people that are having a
difficult time with this wouldn’t believe him anyway.
On 2/16/12 11:59 AM, "Charles Cowens" <firstname.lastname@example.org> wrote:
> I do have serious Brown Act misgivings about the use of subcommittees on
> CBOC. Handling confidential information and complying with Brown Act
> requirements like meeting notice are not incompatible. I plan on asking
> outside organizations concerned with open government about this. When I
> have information from these organizations, I will go from there.
> How exactly do you "address the District's attorneys directly"? Who are
> they? I thought the District got rid of the position of District
> Counsel. This would certainly be a nice time to have someone like that.
> Charley Cowens
> On 2/16/2012 9:53 AM, Don Gosney wrote:
> > As I understand it, you are incorrect in that these meetings fall under
> > the Brown Act and they are not open to the public. There is
> > _confidential information_ discussed at these meetings that the general
> > public is not privy to. This meeting is not noticed, there is no agenda,
> > no minutes, no public comment and probably not even any coffee and
> > Once the audit has been completed a draft version will be made available
> > to the public and it will be presented to the CBOC for their
> > consideration before being presented to the Board for their acceptance.
> > This issue of subcommittee meetings being subject to the Brown Act has
> > been brought up with you in the past, Anton, and nothing has changed.
> > If you want to pursue this further, you might want to address the
> > District’s attorneys directly.
> > Don Gosney
> > 929 Lassen Street
> > Richmond, CA 94805-1030
> > Home Office: (510) 233-2060
> > Mobile: (510) 685-2403
> > email@example.com
> > On 2/16/12 9:43 AM, "Anton Jungherr" <firstname.lastname@example.org> wrote:
> > At the February 1, 2012 Board meting Mr. Studdiford announced a
> > meeting of the Audit Subcommittee on February 17, 2012.
> > It is my understanding that CBOC Subcommittee meetings are subject
> > to the Brown Act open meeting requirement.
> > Do you plan to publish on the CBOC web site a Brown Act notice for
> > this meeting?
> > Anton Jungherr
> > 121 Ash Court
> > Hercules, CA 94547
> > 510.799.1141 home/office
> > 510.697.7212 cell
> > 510.799.2124 fax