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New Menlo mayor may have violated Brown Act

Original post made on Dec 8, 2010

Allegations of soliciting support through one-on-one meetings that may have violated the Brown Act arose after the Menlo Park City Council elected Kelly Fergusson as mayor on Tuesday, Dec. 7.

Read the full story here Web Link posted Wednesday, December 8, 2010, 3:08 PM

Comments (3)

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Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Dec 8, 2010 at 3:16 pm

"Former member Heyward Robinson said he'd also met with her, but that conversation did not violate the Brown Act since he would no longer be on the council by the time the vote for mayor was taken."

Wrong, as long as Robinson was a sitting council member his actions ARE covered by the Brown Act which prohibits the private discussion of matters within the realm of the City Council. Once again Robinson has shown his contempt for the law and for the public whom he was sworn to serve. What a sad way to leave office.


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Posted by Peter Carpenter
a resident of Atherton: Lindenwood
on Dec 8, 2010 at 3:18 pm

William McClure
City Attorney
City of Menlo Park

Via email
Subject: Cure and Correct regarding the 7 December 2010 election of Mayor
Dear Mr. McClure,

Pursuant to the Brown Act this is a Cure and Correct demand that the Menlo Park City Council's election of Mayor and Vice Mayor be declared null and void because of the violation of the Brown Act's prohibition of serial meetings.



There is reasonable cause to believe that at least one council member and or his/her intermediaries communicated with two or more of the other council members or council members-elect in private prior to this meeting regarding the agenda topic of election of Mayor and Vice Mayor.



Since such private communications are prohibited by the Brown Act, I hereby request that you, as the City Attorney, declare the Council's actions on this item at their 7 December 2010 to be null and void and that you then direct that this item be placed on a future open meeting agenda. I further request that you direct the council members that they are prohibited by law from discussing this matter amongst themselves or via intermediaries except in open public session.

Respectfully,

Peter Carpenter


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Posted by poster
a resident of another community
on Dec 8, 2010 at 4:18 pm

There is another thread on this topic: Web Link


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