The Brown Act famously forbids the Los Angeles City Council and its committees from meeting in secret1 to conduct its public business. The prohibition is found at §54952.2(b)(1), which states categorically that:
But anyone who pays even a little attention to meetings of the Los Angeles City Council or its committees can see that there’s some kind of collusion going on behind the scenes. There are too many unanimous votes, too many obviously scripted comments by Councilmembers responding to scripted comments by other Councilmembers when there’s no legal way for them to have known what their colleagues were planning to say, and just too much foreknowledge of the course of legislation.
It’s really unlikely that the Councilmembers themselves make all the arrangements. Almost surely the collusion is done by their staff. This doesn’t make it any less against the law. It’s exactly the scenario contemplated in the phrase “directly or through intermediaries.” So for instance, if 15 staff members, one from each Council district, got together to discuss pending motions, votes, or anything else within the subject matter jurisdiction of the City Council and then relayed information from the discussion to their bosses it’s a violation.2
One of my very long term projects is finding proof that the City Council does in fact engage in these illegal meetings and also to understand the means by which they do it. It’s slow going, though, and not just because of the City’s general unwillingness to comply with the Public Records Act. What I’m looking for is evidence of habitual and chronic outlawry, so the City has even more pressing reasons to withhold the records.3 But from time to time I come across something interesting and suggestive, and today I actually have two!
Continue reading A Couple Of Newly Obtained Emails Reveal Hitherto Unknown Clues About The LA City Council’s Famously Habitual Brown Act Violations — All Fifteen Council District Chiefs Of Staff Held An Impromptu And Illegal Serial Meeting In March 2020 — The Statute Of Limitations Has Run But It’s Clearly A Violation And Clearly Neither The First Nor The Last Time This Has Happened — And Another Email — This From CD5 Enviro-Dude Andy Shrader To His Boss Koretz — Suggests That The Chiefs Aren’t The Only Staffers Doing This — He Mentions A “Daily Staff Meeting” That Includes Republicans Who Might Spill Beans To Other Councilmembers — Sounds Like Another Brown Act Violation To Me!
