Brown Act violation uncertain

June Casagrande

Though one complaint that the city violated state open meeting

laws was dismissed months ago, city officials continue to await word

on whether a complaint filed in November 2001 is valid in the

district attorney’s eyes.

Newport officials in October received a letter from the Orange

County district attorney’s office notifying them that the city did

not violate state open-meeting laws when it decided, in closed

session, to spend $455,000 to hire two lobbyists to represent the

city’s position on the John Wayne Airport settlement agreement.

Greenlight Committee leader Phil Arst filed the complaint last

year, alleging the city should have notified the public about plans

to hire lobbyists California Strategies and William D. Lowery and

that the public should have had the chance to comment.

“Our office has concluded that there is insufficient evidence to

prove that the Newport Beach City Council or the city attorney

violated the Brown Act with respect to these allegations. As a

result, our office will take no further action in the matter,” Deputy

Dist. Atty. Susan J. Laird wrote to City Atty. Bob Burnham.

City Manager Homer Bludau said the letter vindicates the city’s

position that council members acted appropriately when they approved

the contracts in closed session.

“I don’t think the City Council ever felt like they did anything

wrong,” Bludau said Thursday. “They just entered into agreement to

provide an educational program.”

But Arst said that openness and avoiding even the appearance of a

conflict of interest should preclude making such decisions in closed

session.

“The issues of good government and government integrity are more

important than ever after our last sleazy election campaign,” Arst

said.

An older complaint is still under review, a spokeswoman for the

district attorney’s office said.

In 2001, Greenlight alleged that meetings between a city

councilman, two planning commissioners and representatives of the

Koll and Conexant companies violated open-meeting rules. In those

meetings, the parties hammered out details of a development agreement

for the expansion of the Koll Center office complex.

Though that agreement later came before the City Council in an

open meeting, Greenlight said that the public should have been

notified about the meetings beforehand.

* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport.

She may be reached at (949) 574-4232 or by e-mail at

[email protected].