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D.A. investigates Brown Act violations

April 10, 2009|Jack Leonard

Dozens of local government agencies across Los Angeles County have silenced critics at public meetings, held secret conferences to hash out important business or taken other actions that violated the state's open meetings law, according to a Times review of the district attorney's records.

Responding to complaints from the public, prosecutors have sent more than 50 letters since 2001 warning government officials that they acted illegally. District attorney's officials frequently threatened civil court action or criminal charges if the violations continued.


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Though no one has been prosecuted, some agencies have been required to publicly reverse decisions made in secret. Several elected bodies, including the city councils of El Segundo and, more recently, Lancaster, have received repeated warnings to clean up their act.

Among the actions prosecutors have faulted are the shutting off of a critic's microphone during a meeting and the hiring of a "facilitator" to poll council members about an issue so that they would not have to formally meet on it.

Some city attorneys say they feel they have been unfairly treated like criminals and complain that prosecutors sometimes see violations where none exist. But activists for open government say the warnings help improve compliance and will show that too many local agencies embrace a culture of secrecy.

"It's arrogance and a feeling that they know best and they can do whatever they want," said Richard McKee, an advocate for open government who has filed more than a dozen lawsuits against government agencies. The suits allege violations of the state's open meetings law.

Agencies that act in secret deprive the public of the opportunity to weigh in on important issues, such as development proposals and officials' salaries. Prosecutors say it also prevents the sort of scrutiny that deters officials from benefiting themselves or their friends and supporters at public expense.

For more than 50 years, California's open meetings law, the Brown Act, has required members of city councils, school boards and a host of other local government agencies to conduct business in public. Every state gives the public the right to attend government meetings and limits what officials can decide in secret, experts said. But California's law goes further than some, giving the public the right to speak at agency meetings, they added.

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