Gary Silbiger, former City Councilman and a self-proclaimed expert on the Ralph M. Brown Act, may be assisting in a violation of the Brown Act. Sources indicate that the Los Angeles District Attorneys Office may be investigating the blog, http://culvercityprogress.blogspot.com, operated Mr. Silbiger and his son Karlo, new President of the School Board.
That blog contains a Karlo Silbiger entry talking about issues facing the School Board, issues that may come up for a vote in the future.
The Brown Act prohibits serial communications, including “hub-spoke” versions of such serial communications. A hub-spoke serial communication is one where a member contacts the other members of the Board to discuss his thoughts on a subject.
When the Brown Act was passed in 1953, the contact was limited to personal, telephonic, or mail. Now, a serial communication includes those contacts, texts, emails and blogs. Code section 54952.2b prohibits “use of direct communication, personal intermediaries, or technological devices by a majority of the members to develop a collective concurrence as to action to be taken.”
Karlo Silbiger’s blog on Dec. 7, “Grading Time: Evaluating the 2009-2011 Culver City School Board Term,” may be a violation of the Brown Act. The District Attorney’s office refused to comment, but Mr. Silbiger discussed numerous issues facing the School Board, and gives his thoughts on those issues. Had these thoughts been sent directly to members of the Board, there is little doubt that his action could be considered a violation of the Brown Act.
It is not known whether a majority of the Board has read that blog. That may be the crux of any investigation.
Mr. Hanson may be contacted at GregAHanson@yahoo.com
