In the more than 53 years since the Brown Act, Californiaâ€™s open meeting law, was enacted there has never been a successful criminal prosecution for violation of the law. In fact, criminal charges have been alleged five times with only one of those going to trial resulting in a hung jury.
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It seems that the Orange County District Attorney has a rather lenient interpretation of the Brown Act when it comes to obvious violations on the part of Westminster City Councilmen Tyler Diep, Andy Quach, and Tri Ta. At least that is the only conclusion I can reach from their response to my complaint regarding the publishing of a letter from these members of the City Council regarding the conflict over Black April events in March. Senior Deputy District Attorney Raymond S. Armstrong responded to my concerns related to the obvious violation of the Brown Act in a June 28, 2010 letter.
Terry Francke, the Voice of OC’s consultant on government access, comments on the situation in Westminster over probable violations of the Brown Act. According to Francke, when three members of the Westminster City Council released a press statement… they violated the Brown Act
On Monday, May 3, 2010, Richard McKee acting on behalf of Californians Aware submitted a letter to the city of Westminster demanding that they rescind their action, which three Council members Diep, Quach, and Ta took outside a regular meeting of the City Council, because that action appears ot be in violation of the Brown Act.
On or about March 29th a press statement drafted by Council member Tyler Diep, was released to the Vietnamese media on behalf of the three Vietnamese members of the City Council, Tyler Diep, Andy Quach, and Tri Ta in their official capacities. The statement clearly indicates that they have discussed the matter amongst themselves and reached several conclusions in concert.
Last night, the Westminster City Council held a special meeting to resolve the conflict over the desire of multiple groups to host commemorative ceremonies marking the fall of Saigon 35 years ago in 1975. A group of 38 organizations, led by First District Supervisor Janet Nguyen was the first to pull a permit application to use Sid Goldstein Freedom Park on April 30 for their ceremony.
In a desperate effort to repair his tattered drunken-bad-boy image, Westminster City Councilman Andy Quach whipped up outrage on the part of a small band of bigoted religious leaders to threaten boycotts of the parade he chaired. All this because “The Commies Gays are Coming, The Commies Gays are Coming to march in a parade.”