“Nothing prevented them from doing this publicly,” he said. “Obviously any one of them or all four individually could have said, ‘I think this recall stinks.’ When they do so collectively, and when they do so in a joint expression called a resolution, it seems to me close enough to an official expression they had better discuss and debate that resolution at a property noticed and open meeting.
That was Terry Francke, the general counsel with Californians Aware, an organization that promotes open government and free speech. In his conversation with The Register, he said that in his opinion, the “resolution opposing the recall of Mayor Diane Harkey” that three other Dana Point City Council members signed was likely a violation of the Brown Act, the state law that ensure public access to public agencies’ decision-making process. Hmmm, that doesn’t sound good for Harkey.
Remember we talked about yesterday? I guess we weren’t that far off after all. Diane Harkey is in deep trouble, and it’s not just some “small group of troublemakers” that believes this.
So again, why did Diane Harkey and Lisa Bartlett feel obligated to discuss the “resolution” with their fellow council members secretly, and away from the public view? Why couldn’t this resolution about such a publicly debated issue like the Diane Harkey Recall be discussed in public? No matter how much “trouble” a public debate would have caused, it would have been nothing compared to all the legal trouble surrounding this “resolution” now.