Introduced by the late Assemblyman Ralph M. Brown, a Modesto Democrat, the legislation, enacted in 1953, was inspired by a 10-part series written by San Francisco Chronicle reporter Mike Harris that exposed many local agencies making decisions in secret. Brown then led a legislative committee investigation that confirmed the practice.
The Los Angeles County district attorney's warning letters offer a unique window into local compliance with the state's open meetings law. Activists for open government said few prosecutors, if any, are as thorough or consistent as L.A. County's in following up on complaints from the public about secrecy or censorship.
Juli Potter, an El Segundo resident, was addressing her City Council in 2003 when she was interrupted as she began to question why then-Mayor Mike Gordon was not spending his campaign funds on events in the city.
Gordon, who was running for a seat on the state Assembly, accused Potter of campaigning and told her to stop, according to district attorney's records.
"We'll take you out every time," he warned her.
But Potter continued. Gordon interrupted her again.
"We're done," he finally told her. "Microphone's off."
A videotape of the meeting showed a uniformed officer escorting Potter out of the council chamber, according to district attorney's records.
Susan Chasworth, a Los Angeles County prosecutor, sent a letter telling the council that state law protects the public from censorship of criticism during meetings.
"El Segundo public officials are servants of the people -- all of the people -- whether they hold conflicting opinions or not," Chasworth wrote.
The prosecutor's scolding drew cheers from some regulars at the council's meetings. But Mark Hensley, El Segundo's city attorney, said he believed the district attorney's office was wrong.
The law, he said, protects only comments involving issues that the council has authority over. That would not include how a state Assembly candidate spends his campaign cash, Hensley said. He faulted prosecutors for sometimes reacting too quickly to complaints, adding that they could fix minor problems with a phone call.
"They send that letter and . . . it means they're going to embarrass you," Hensley said. "You feel like they're treating you like a criminal."
Los Angeles County prosecutors began scrutinizing complaints about Brown Act violations soon after Steve Cooley took office as district attorney in December 2000.
