Home Letters He Wonders: Has Certain Councilperson Ever Read the Brown Act?

He Wonders: Has Certain Councilperson Ever Read the Brown Act?

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By Les Greenberg

The Brown Act states, in part: “At least 72 hours before a regular meeting, the legislative body of the local agency … shall post an agenda containing a brief general description of each item of business to be … discussed at the meeting….” It further states, “No … discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by” a “member of the public [who] directly address[es] the legislative body.”

The Agenda for the Aug. 11, 2014 City Council meeting had no notice dealing with permit-only-parking restrictions on the 10700 block of Farragut Drive.

However, that night, the City Council considered correspondence from the Grace Evangelical Lutheran Church, complaining that city staff had repeatedly rejected its requests to annul permit-only-parking restrictions on Farragut.

Aside from the fact that the Procedures and Regulations for Residential Permit Parking Districts do not provide the church with the right to appeal a decision by city staff, the Minutes state: “Council Member (Andy) Weissman reported receipt of correspondence regarding the residential parking district around Farragut and Franklin.

“Discussion ensued between staff and Council Members regarding the appeals process; the appeal period; the position of staff; notification; the process; the original establishment of the parking district; whether to make changes to the current situation; other uses in the area; changes over the years; and City Council consensus (was) to discuss the issue at a future Council meeting.”

Does that discussion sound “brief” to you?

Farragut residents appeared on Sept. 8,  to discuss that same issue with the City Council.  The Councilpersons did not reveal the existence or content of their related discussion on Aug. 11.

That’s when Mr. Weissman stayed silent in response to a direct question as to whether he has or had any relationship with church members.  But Ken Smith — a senior church official, representing the church—was sitting in the front row. Still Mr. Weissman failed to disclose that Ken and Jozelle Smith hosted his 2007 and 2011 campaign kick-off fundraisers at their home and that he has had business dealings with Ken Smith’s business. But that does not deal with the Brown Act—only full disclosure of potential conflicts of interest and recusal.

Anyway, back to today’s major issue: Do you think that Mr. Weissman ever has read the Brown Act?

Mr. Greenberg may be contacted at plgreen@att.net