LB Council Accused Of Violating Public Access Laws For Meetings

LAGUNA BEACH, CA — The Laguna Beach City Council issued a letter in response to accusations levied by the Orange County District Attorney's Office Tuesday which stated that council members violated the Brown Act earlier this year during a closed session meeting regarding potential renovations to Hotel Laguna.

The Ralph M. Brown Act is a statewide law that makes municipal meetings available to the public for cities and counties. It also determines what can be discussed in closed session meetings.

The response, authored by Laguna Beach City Attorney Philip Kohn, explained the circumstances behind the issues noted in the District Attorney's letter and also invited the District Attorney to a meeting in order to further discuss the issues noted in the letter. The response also discusses steps taken to ensure proper practice of the Brown Act prior to the receipt of the District Attorney's letter.

Steps taken prior to receipt of the District Attorney's letter include: expanded descriptions of closed session agenda items and a standardized preamble prior to closed council sessions.

Kohn said the enhanced modifications should go a long way in addressing concerns listed by the District Attorney's Office. According to the response, Kohn spoke briefly to District Attorney Todd Spitzer after receiving the initial letter, and plans to hold a meeting with Spitzer and City Manager Shohreh Dupuis to further discuss the circumstances surrounding the letter. The date is the meeting is not known.

“We appreciate that the District Attorney is willing to sit down with our City Attorney to understand all of the facts related to this matter and to discuss the appropriate next steps" Laguna Beach Mayor Bob Whalen said. "I am hopeful that we can resolve this matter promptly and then return all of our focus to making progress on the numerous programs and projects that we are trying to move forward to benefit the City and its residents."

The response also noted that the issues written about in the initial letter seem to be based entirely on information relayed by Council Member Weiss. According to the response, no other council members or city officials were spoken to by the District Attorney's office in regard to the potential Brown Act violations prior to receipt of the letter.

Read the full response here.

"The City regrets not having been afforded the opportunity to provide context and an explanation for the closed session item as it is believed that your assessment relied on incomplete and/or inaccurate information," Kohn wrote in the response.

Council members voted on whether or not to have the City Attorney send a response to the DA's office during a closed session meeting Tuesday. The motion was passed 3-2, with Council Members Weiss and Toni Iseman dissenting.

The letter sent by the District Attorney's Office was written by Senior Deputy District Attorney Steven Schriver and received by council on Sept. 21. The letter was written in response to a complaint made by Council Member George Weiss regarding closed session agenda items being discussed during a general city council meeting in August.

"Any violation of the Brown Act is extremely concerning," Schriver wrote in the letter. "It undermines not only transparency in government, but faith in the legislative process."

Read the full letter issued by the Orange County District Attorney's Office here.

The initial letter stated that there was evidence of Laguna Beach City Council violating the Brown Act in regard to public notice of a closed session meeting held in June, as well as the scope of matters considered during the meeting. No charges were levied against the council in the letter, however, Schriver laid out several means of mediation that, if adopted by council, will result in no further action being taken by the District Attorney's Office.

The means of mediation listed by Schriver include: guaranteeing that future meeting agendas provide accurate and proper notice of topics to be discussed and recording closed sessions held by council members for the next six months. In the response sent by the city, Kohn asked for the requirement of recorded closed sessions to be deferred.

"I am confident that this matter will be resolved soon and I look forward to re-focusing our attention to the real issues and policies in town that benefits the community" Laguna Beach Mayor Pro Tem Sue Kempf said. "I hope that in the future, Councilmembers are willing to first work together with their colleagues, the City Manager and the City Attorney on conflicts and diverse issues in lieu of filing complaints against each other."