Dateline Whittier – Indications are the Whittier City Council may have violated the Brown Act Open Meeting Laws at its April 26 meeting.
In closed session, Council members discussed interim contract between two trash haulers, Athens and Republic. Then they talked about a settlement of that contract at the open meeting, virtually eliminating Whittier residents’ right to participate in the decision.
The Council was due to make a decision on the contract/settlement agreement this week.
Athens was awarded the lucrative trash contract months ago, even after Hews Media Group-Community Newspaper exclusively reported that the city’s consultant manipulated revenue numbers.
Our story spurred a citywide referendum that was certified by County elections officials on March 23.
The referendum, by state law, prevents Whittier from contracting with Athens for one year in any capacity, including an interim agreement.
In defiance of the referendum, the Council attempted to contract with Athens in early March, only to be rebuked.
Faced with that and a looming July 1 deadline, Mayor pro-tem Bob Henderson openly admitted Council could not contract with Athens by sending out “urgent interim proposal requests” April 21 to CR&R and Burrtec, setting an unusual deadline of Monday, May 2, at 8:30 in the morning.
But apparently, someone from Athens or Republic got word. They threatened Council with “litigation.”
The following Tuesday, at the April 26 meeting, using that threat of litigation, Council recessed into closed session to discuss a contract/settlement agreement between Athens and Republic.
As reported by several Council members upon their return to open session, during the closed session, Council determined that Athens and Republic already had “collaborated” to combine services to the city.
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Council decided that the two companies could be “assisted” by the city to complete the agreement, blatantly, and some say arrogantly, ignoring the relevant laws preventing the city from contracting with Athens.
Immediately after that, Council indicated that the urgent interim proposals from CR&R and Burrtec were “no longer needed.” Negotiations with those firms were immediately suspended.
Review of the video of the meeting and subsequent discussion shows that the city and Council could be in for an expensive legal battle over the trash contract’s award.
The Council openly discussed a “settlement” that Athens and Republic would “divide the city” in a 50-50 split of services with Athens providing an infusion of cash similar to what CR&R offered months ago in their proposal.
In addition, Athens would “purchase or lease” the city’s trash collection assets, essentially giving Athens the hauler agreement after one year.
In directing the manner in which the two companies split the city, Council and the city were attempting to avoid what is obviously collusion and restraint of trade between Athens and Republic.
The city is attempting to circumvent the referendum by only giving Athens a part of the city, but there is ample case law to refute that action.
One observer, who did not want to be identified for fear of retribution, told us, “Republic and Athens could see the referendum coming. So Republic became the ‘official circulator’ of the referendum, knowing that if Council discussed the settlement to divide the city, the city would be insulated against having to act on the referendum.
“The reason: Republic, a party to the agreement, was the ‘circulator.’ The city would be indemnified from election code violations that prohibit contracting with Athens for one year. Nice plan.”
This story originally appeared at loscerritosnews.net
