S. Tahoe City Council violates Brown Act at first meeting
By Kathryn Reed
On the first day on the job, Claire Fortier learned it takes more than desire to get what she wants as an elected official.
During council member comments Dec. 14, she proposed forming a citizens’ committee to look into what happened to the stalled Lakeview Commons project.
“I feel like we are not going to be transparent unless we look at what was done,” the South Lake Tahoe councilwoman told her peers. She wants to ensure awarding of future bids doesn’t wind up in court with the judge overturning the work of the city.
Work on Lakeview Commons was stopped by court order. Photo/Kathryn Reed
Before such a committee is formed, Mayor Hal Cole said he wants the matter to be discussed in closed session.
“I looked at the judge’s decision and didn’t see malfeasance,” Cole said. “Before there is a witch hunt or a group of citizens (is formed) I would like to see it in closed session.”
Councilman Tom Davis believes the report provided by City Attorney Patrick Enright before taking office was sufficient.
“I know what happened and I’m satisfied,” Davis said on his first day back on the council after a six-year hiatus.
The odd thing about this exchange is the council is not supposed to discuss items not on the agenda. A simple show of hands is how things get on a future agenda. This was a clear violation of the Brown Act — the California open meeting law.
If council members are going to discuss things, then the public has a right to comment. The public was not allowed to comment Dec. 14 on Lakeview Commons. A change in the agenda must be done 24 hours before the meeting.
Their exchange was deliberation – which is completely illegal.
At no time did Enright try to put a stop to the discussion. He would be the one to do so. He is also one of the city employees who the judge was highly critical of and might have much to lose if the matter were looked into by an independent party.
According to the First Amendment Coalition’s website, “Either a citizen or the district attorney may sue to compel the local agency to comply with the Brown Act; obtain a ruling that a particular practice of the local agency violates the Brown Act; or obtain a ruling that the local agency is violating the free speech rights of one or more of its members in seeking to silence that member. Gov’t Code section 54960(a).”
Fortier said she is willing to hear what is said Jan. 11 when Lakeview Commons is slated to be on the agenda in closed and open session before pressing harder on her request. Closed session will be at 8am, with regular session commencing at 9am – both at Lake Tahoe Airport.
At this meeting the council will likely vote on whether to start the bid process over or award it to Clark & Sullivan, the firm that prevailed in court.
Fortier’s concern is with accountability.
No one in the city has publicly been reprimanded for what the judge ruled as a severe mishandling of the bid process on the $6 million project near El Dorado Beach.
Here we go again-crony ism. Lets end the shenanigans and dissolve the City and save loads of money.
And they wonder why we dont trust the local government.
Enright…time to resign before they find you out. Shades of Jinken’s influencing your actions.
I agree. Enright must go. What kind of attorney is this guy? Before he gets our city into more hot water get him out of here. O’Rourke?? Better yet – would everyone in disagreement contact the Grand Jury with your complaint regarding Enright. There is a form you can file to bring this situation to light. It’s these kind of issues which are wasting city tax payer time and dollars. Don’t just speak your anger here on LTN. Tell it to the Grand Jury.
Oops. I guess the Council needs more training.
Hooray!!! You noticed. You spoke up. Things are changing. Elected and hired leadership needs to know that we expect their very best as they represent all of us (and are being paid by all of us to do so). Citizens need to know that paying attention to leadership’s actions, helps to keep things running smoothly. People are now watching more closely and expecting what has been promised. We are tired of dumping money down holes. It would be interesting to add up the wasted dollars over the last decade and see who got what, for what, when, and where. History has a way of straightening out the twists and turns. As we are in the present, it’s better to watch and speak up before things get out of hand. Thank you for speaking up.
Come on ya-all, get with it the, Machine
Screws are at it again. Cole and Davis are a pair to draw too. Gotta tell ya, Claire and Kae know where the old bodies buried by Hal and Spanky are.
I recall a cartoon depicting Spanky Davis
on the LTVA podium saying ” Skip, as your man on the City Council,I guarantee that not one penny of your $690,000 will pay for our CHILDRENS LIBRARIES OR SOFTBALL FIELDS” OMG! If the D.A is another screw in the machine,like Sweeney and Nutting FGABIT
Alex, obviously you have a personal vendetta against Cole and Davis. I read here once that you don’t live here, so why concerned so much with this hate? Its not like the rest of us can’t watch and respond to what happens.
I am sure that LTVA/visitor funds you’re referring to could not go to fields or libraries…weren’t they only able to go to tourism based programs?
Its always nice to hear and understand the whole story, and both sides of each issue.
Happy Holidays everyone…and here’s to a fantastic 2011!
I wish Alex Campbell who shut up and mind his own business. Alex you don’t live here anymore and each time you spew your venom and get shot down with facts and the truth, you seem to disappear and not resopond to those who challenege you. I believe this is because all you have is an opnion with no real facts and a mean spirit for those whom you disagree with.
SAME OLD S–T……..
Nothing changed expect the names.Two are still not recognized as residents players,Cole,Davis,…selfish,self centered,greedy,worried only about their own agendas,making money for the money backers of real estate,time shares,business,at tax-payers expense.
This no fantasy….been that way for as long as anyone that lived here for over 30 years.
We could got things changed if we could got the Mexicans to vote for someone.
Same old shoes, smell like the same old shoes!
It’s not fair to the hard working people that are too ignorant to do anything about it.
30 year local and cowboy25 give it up, stop hiding in plain sight.Show some overbearing pride with your first and last name,please !!
I still know what went around in SLT and Pville is still going around. Hal and Tom have to know all about the redevelopment mess of old.
Ya both found out they are off to a great start with their Brown Acting.
So Alex, what facts do you have the Tom Davis was involved in the redevelopment mess? Last I checked he had nothing to do with the now famous hole in the ground, yet the project he was involved was completed and is very successful. I often wonder why you seem to call names and seem to have so much anger towards Tom. many on his site hacve nmade comments that you live in another state, yet you seem to call names and you rarely respond to any criticsm that you recieve from those whom disagree with you or whom challenge you to produce some facts. Lastely, where does the term “Spanky Davis” come from and I hope it makes you feel better to belittle and bad mouth others, what a guy you are.
Ok J T Davis are you 30year local or cowboy25 ?
First Tom is fully aware of where the term Spanky Davis comes from. Spanky was a famous trumpet player having worked for Benny Goodman, Bob Haggart and many others. i told Tom in the PO who Spanky Davis was, he said “i heard that.” Later i was told that Chief Solaro’s secretary said “when i read the name Spanky all i could think of was Alfalfa” No not the now famous hole in the ground. Heavenly Village was the hole where money went down.$14 mil was not enough, the City gave the Village over $6 or 7 mil from the general fund. I believe the garage added to the loss at that time. Bill Crawford was the one that did not play the game with the good old boy developers. As i recall Von Klug blamed excess costs were caused by lawyers fees, but couldn’t name the lawyers. she then moved on to Long Beach. Heavenly Village was a mess then with unreal costs. It is not anger JT it is a holdover from my Grand Jury Days. What went around still goes around in SLT i.e. The Brown Acting. This time it was factually caught and exposed.
If it brown, flush it.Tom can take the ride down the hole with it.
The information has spread a bit wider:
http://www.firstamendmentcoalition.org/2010/12/south-lake-tahoe-city-council-runs-afoul-of-open-meeting-law/
I’m willing to cut the City Council a bit of slack….maybe they need another reading about the Brown Act.
Snowbum (real name: Robert Fleischer)
Good for you Robert Fleischer!! But on the other hand i think Tom and Hal have warts.
Robert, believe me another reading would not help, those in violation could care less.