Etiwanda School Board correcting Brown Act

Message Topic Search Topic Options Post Reply Create New Topic Printable Version

   The Etiwanda School Board on January 28, 2010 in a special meeting is
considering correction of a Brown Act violation.  Item III.C. on the
agenda reads:

"Election of Officers: Action to correct."

http://www.etiwanda.k12.ca.us/district/board/A01-28-2010.pdf

The alleged Brown Act violation occurred at the December 10, 2009
meeting.  At its annual organizational meeting the Board of Trustees,
Etiwanda School District, elected its officers.  However, the public
was not given the opportunity to comment prior or during the
consideration of that item as required by the Brown Act:

http://www.etiwanda.k12.ca.us/district/board/A12-10-2009.pdf

This issue was brought up during public comment at the January 14, 2010 regular meeting of the Board.

The agendas of the District can be found here:

http://www.etiwanda.k12.ca.us/district/board/calendar.htm

Even more egregious violation of the Brown Act which has been going on
for more than a year, years perhaps: the agendas, right before the
public comment section, were stating that individuals have maximum of
three minutes total to comment.  This is in direct violation of the
Board's own policy which states that individuals have 3 minutes for
each agenda or nonagenda item.  This violation was brought to the
attention of the Board and public at the January 14 meeting as well. 
The agenda of the Board now reflects the actual policy of the Board. 
The Superintendent in an email stated that the agenda from now on will
reflect the policy of the Board.  The first time the agenda reflects
the actual policy is the one for the special meeting on January 28,
2010.

Author	Message Topic Search Topic Options Post Reply Create New Topic Printable Version
inland Members Profile Send Private Message Find Members Posts Add to Buddy List New User Joined: 28/November/2009 Posts: 6	Quote Reply Topic: Etiwanda School Board correcting Brown Act Posted: 27/January/2010 at 4:25pm
	The Etiwanda School Board on January 28, 2010 in a special meeting is considering correction of a Brown Act violation. Item III.C. on the agenda reads: "Election of Officers: Action to correct." http://www.etiwanda.k12.ca.us/district/board/A01-28-2010.pdf The alleged Brown Act violation occurred at the December 10, 2009 meeting. At its annual organizational meeting the Board of Trustees, Etiwanda School District, elected its officers. However, the public was not given the opportunity to comment prior or during the consideration of that item as required by the Brown Act: http://www.etiwanda.k12.ca.us/district/board/A12-10-2009.pdf This issue was brought up during public comment at the January 14, 2010 regular meeting of the Board. The agendas of the District can be found here: http://www.etiwanda.k12.ca.us/district/board/calendar.htm Even more egregious violation of the Brown Act which has been going on for more than a year, years perhaps: the agendas, right before the public comment section, were stating that individuals have maximum of three minutes total to comment. This is in direct violation of the Board's own policy which states that individuals have 3 minutes for each agenda or nonagenda item. This violation was brought to the attention of the Board and public at the January 14 meeting as well. The agenda of the Board now reflects the actual policy of the Board. The Superintendent in an email stated that the agenda from now on will reflect the policy of the Board. The first time the agenda reflects the actual policy is the one for the special meeting on January 28, 2010.

boxofpoems Members Profile Send Private Message Find Members Posts Add to Buddy List CalAware Member Joined: 25/May/2007 Posts: 40	Quote Reply Posted: 27/January/2010 at 5:20pm
	Excellent that this is being corrected. Thanks for sharing, inland The public has many times been treated rudely at Encinitas City Council meetings, and Council has unwritten "policy" that every single closed session is called a stand alone "special meeting," for the sole purpose of not being required to give 72 hour notice of these behind closed door sessions. According to the Brown Act special meetings can be held with only 24 hour notice. But closed sessions are discussed in the law itself under "regular council meetings," for which 72 hour notice must be given. The intent of the legislature is clearly that normally closed sessions are part of a regularly scheduled meeting, so that the meeting can be called to order, in public, which public is entitled to adequate notice. After reporting to "closed chambers," Council, the city attorney, city manager, and the clerk, are to report back out to the public. These requirements are so that interested persons can actually be notified, attend, and tell our representatives our opinions, give our input. Those who might want to attend, are only now noticed they may make comments before Council goes into private chambers. Only now is there some minimal report made to the public, out of closed session. These reports continue to be inadequate in that our City Attorney, Glenn Sabine, an independent contractor, who profits by litigation, who is paid by billable hours, consistently fails to describe what kind of litigation is being discussed in terms of personal injury, property damage, etc. Sweet deals (not sweet for us, the public) have been made through closed sessions regarding real estate, deals made without a formal assessment report, and without any kind of market analysis. The public, including the San Dieguito Water District, has been defrauded, for example, when a Mossy Car Dealership was sold at an excessive amount to the City. The Encinitas Taxpayers Association and other interested groups could not make any effort to speak to the real estate issues, until after it was a "done deal," because it was so much more convenient, for the Attorney and Council, for this all to be done, to the advantage of an "elite" few, behind closed doors. This secrecy enabled the City not to disclose that SDWD ratepayers would have to pay more than $3.4 million for right of use only, for the new Public Works Yard, after losing our old paid for in full headquarters, and our former public works yard, which had been rented out , too, for at least $10,000 per year, to the City of Encinitas. Now our rates are going up over 14%, and climbing, because we are using less water, and because our SDWD reserves were absorbed by the City of Encinitas, where our Council sits as the Board of Directors of SDWD, one of two water districts in this city. All other special meetings in Encinitas are routinely given 72 hour notice. Only closed sessions give only 24 hr, and this is clearly so that the meetings can be more "private," out of the pesky eyes of watchdogs.
	lynn

inland Members Profile Send Private Message Find Members Posts Add to Buddy List New User Joined: 28/November/2009 Posts: 6	Quote Reply Posted: 10/February/2010 at 1:00am
	Following up: The Etiwanda School Board re-elected its officers at a special meeting on January 28, 2010 to correct a Brown Act violation that occurred when it originally elected its officers on December 10, 2009. Also, the Etiwanda School Board is considering three (!) different Brown Act demands for corrections at its February 11, 2010 meeting. The agenda in part reads: VII. SUPERINTENDENT’S PRESENTATION A. Discussion and action related to the January 13, 2010 Request from Member of the Public to Cure or Correct alleged Brown Act Violation. B. Discussion and action related to the January 28, 2010 Request from Member of the Public to Cure or Correct alleged Brown Act Violation. C. Discussion and action related to the February 1, 2010 Request from Member of the Public to Cure or Correct alleged Brown Act Violation. It will be interesting to see how many they will correct. Some of the demand letters contain multiple alleged violations. In yet another Brown Act violation, the Board is asked to rescind its decision to be issuing press releases on presentations that the public is precluded from commenting on. Edited by inland - 10/February/2010 at 1:03am