JANUARY 6, 2012
COMMUNITY
THEPRESS.NET
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DA: CSD followed Fall guy boosts résumé open meeting laws by Ruth Roberts Staff Writer The Contra Costa District Attorney’s office has ruled that a closed session meeting held in November by the Discovery Bay CSD was in compliance with the Ralph M. Brown Act, despite allegations from a local resident that the board violated the spirit of the law. In a letter to District Attorney Mark Peterson dated Nov. 29, Discovery Bay resident Bill Richardson said he believed the CSD had violated the Brown Act by not disclosing, on the board’s Nov.16 closed session agenda, the name and circumstances of one of the topics discussed. The item was listed only as “Conference with legal counsel – anticipated litigation.” “The Town of Discovery Bay Community Services District has been violating the Brown Act and abusing the requirements for closed sessions on many occasions and in numerous different ways for years,” wrote Richardson. “Based on all of my experience with the CSD … I have no expectation that they will react as they should.” The Brown Act, which applies to city and county government agencies, boards and councils, requires that meetings of public bodies be open and public, and that
the agenda of a closed-session meeting be conveyed to the public either orally or in written form. In the case of the Nov. 16 meeting, Town Attorney Dan Schroeder disclosed the agenda orally prior to the closed session. But for Richardson, Schroeder’s verbal disclosure was not enough. “What possible calamity could befall the CSD if you added the name, issue and date (of the “anticipated litigation” item) to your notice? I suggest, none,” wrote Richardson in his Nov. 16 letter. Peterson disagreed. “Although the description (on the agenda) does not provide the name, date or issue that is the subject of anticipated litigation, the Brown Act does not require it,” wrote Peterson in his Dec.13 response to Richardson. “Similarly, it appears that the announcement made prior to the closed session was also in compliance … therefore, based upon my analysis of the facts and law, the meeting of Nov. 16 was held in compliance with the Brown Act.” Richardson’s complaint to the DA is not his first clash with the town. The outspoken CSD critic has a long history of taking the board to task for what he perceives as Brown Act violations. In 2007 he
Photo courtesy of Luke Kearney
uke Kearney, Brentwood’s resident stunt man, arrived home recently from a stint across the pond where he took home top honors from the Screen Actors Guild for his recent work in the blockbuster “Inception.” Kearney’s latest credits also include Steven Spielberg’s new release “War Horse” and last year’s star-studded sci-fi film “Contagion.”
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see CSD page 12A
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