A Moment of Silence....

A small crack of light entered the public participation process at the Feb. 14 Lindsay City Council meeting. The opening came during a moment of silence when business as usual stopped, and a new way began.
The pry bar was the Brown Act, California’s open meeting law first enacted in 1953. I didn’t know anything about it when I started attending Lindsay’s meetings, I just sensed that our process discouraged and even prevented real public input.
Listening to Reggie Ellis talk about the differences between Exeter and Lindsay’s council meetings over the past two years, I began wanting to know the cause. When Randy Groom, Exeter’s city manager, forwarded a booklet on the Brown Act to Reggie, who forwarded it to me, I learned the answer. They follow the Brown Act. We don’t.
It took an outside attorney to bring the meaning of that message home to our council two weeks ago. Richard Harriman, an environmental attorney who has engaged in citizen-led land use battles throughout the valley for 30 years, was present to deliver our “cure & correct” letter regarding the improper vote on the road contract Jan. 30. I had asked to have three items removed from the consent agenda during the public comment period, particularly the minutes of the two meetings where that vote had occurred, which were skewed to make the contract approval look valid.
The moment of silence came when the mayor read the items on the consent agenda and then asked the council for the motion to approve. They froze. Not one could either make the motion or remove the items I’d asked for. The mayor looked to their attorney, who advised that it’s the council’s discretion. The mayor began to take the vote without it being moved and seconded. Mr. Harriman objected, pointing out that the city’s own agenda packet clearly states a citizen may ask for this small thing. Their attorney admitted he had a point, mentioning that they could change that language later if they want. But the items were removed. The minutes were corrected.  
The mayor’s response to our cure & correct letter reported in Thursday’s Recorder (2/16) suggests that he did not hear the law’s message:  that there are governmental procedures you have to follow in California. But I think the other three did.  
So let us have a moment of silence for the old ways, the good old days when we trusted our public officials to conduct our business in our interest and could carry on without a care. And then let’s move on to the future promised by our legislators sixty years ago, who built laws to protect our rights when our officials fail. 
“Open & Public IV: A Guide to the Ralph M. Brown Act,” published by the League of California  Cities (2000, 2007) is beautifully illustrated with photos of people participating in the process of government as citizens, administrators, elected officials, even (yes) lawyers. Copies can be obtained online through CityBooks at www.cacities.org/store.