Opinion: SLT needs to stop breaking the law
By Brooke Laine
I am providing the following information because I can no longer be a party to the violations of law, secrecy, manipulation, lies, and power struggles that are rampant at the city today.
There appears to be a complete disregard on the part of politicians and appointed officials for state law, transparency, and honesty to the public. The interim city attorney has admitted to many that a recent contract she oversaw violated the Brown Act – think Mary Egan contract. To this day, that contract has never been addressed, corrected, or publicly acknowledged.
Brooke Laine
Multiple violations of law have occurred in closed session, often relating to discussions involving personal attacks on non-agenda issues. The interim city attorney and the politicians engaged in the violations refused to cease the unlawful discussions, even when asked to do so to avoid continuing the unlawful conduct.
In addition, the minutes of the March 20, 2018, meeting seriously misstated the facts by asserting an action occurred at a prior meeting, but the council never took that action. The law requires the city to tell the public the truth, follow the law explicitly, and provide accurate public records. This absolute failure at the very top is a violation of law, injures the public’s trust, and is currently crippling the city.
Secrecy has no place in local government. If one councilmember is not privy to the same information as other councilmembers, the question is “why?” If one, two, or worse, three councilmembers discussing information the others don’t have, not only is that also a violation of the Brown Act, it creates distrust. It results in decision-making taking place outside of the public’s view (another violation of law) and it literally has no place in our city. The only purpose of such secrecy is to shift the balance of power from the council as a whole to a few electeds and appointed staff. Worse yet, blindsiding some people through this type of manipulation, fuels the public’s distrust of process, transparency, and government in general.
Power struggles, when the struggle for power is not for the benefit of public policy, but rather for personal gain, are selfish, create hostility, and purposely keep many in the dark. The public is a witness to this, which creates confusion and increases distrust. Further, the media that buys into the incomplete and inaccurate information they are fed, unwittingly become tactical participants in this sport to gain personal power. Most important, the public’s business is not a priority.
I care deeply about this community. I always endeavor to hold myself to strong ethical and moral standards, as I feel every elected official should. I respect and hold in high regard the law that dictates how we as local leaders are to govern. It is my belief that the only way to address these serious violations, which illustrates a fundamental and complete breakdown of legal process, is to bring this information to the attention of the community. I can no longer be a party to this unethical, hostile, distrustful environment that currently exists. I have opposed these tactics both publicly and privately, and tried to stand against the illegal and improper actions I have witnessed. However, this burden has become so heavy.
Today, I am choosing to shine light where it is necessary because I believe our community deserves better. Together, we can do better.
Brooke Laine is a South Lake Tahoe City Council member.
Thank you Brooke!! It takes incredible courage to stand up and speak out.
Although this is a decent step in the right direction, it has gone on for decades at varying levels and one good step will only lead to a good outcome if the rest of the steps are taken. The rest of the steps include punishment for the crime(s). Then, corrective action and additional transparency.
When will the criminal complaints be filed?
Why was Nancy Kerry removed?
Why do we not have a City Attorney?
Brooke is correct. I only wish that the Brown Act had more swift and more powerful penalties. It is not that closed door meetings are held to protect the City Council but rather to keep peoples reputations are protected. Some are whistle blowers and some are innocent employees that are called upon to provide information. Of course the public has a right to know. That law is designed to allow for that. But for City Council members to leak information in order to gain political power is absolutely illegal and morally wrong. Brooke and I disagree on some issues but she is right on this one. My hope is that our independently elected City Clerk asserts her authority and puts a stop to his arrogant power play.
Good job Brook
I would like to hear from the other members of the Council on the matters discussed in Brooke’s opinion above. Should we impute guilt to those members that remain silent?
Hmmm…. North Shore are you paying attention!
Recent info about Brown violations being reviewed by a judge.
https://www.sierrawatch.org/wp-content/uploads/2018/02/Sierra-Watch-Squaw-Valley-Brown-Act-Opening-Brief.pdf
Remember when Placer County made its blanket approvals of KSL’s proposed development in Squaw Valley back in 2016? Those approvals violated not only California’s planning law but, also, California’s good government law. As you can read in a brief Sierra Watch submitted in court today:
Sierra Watch Opening Brief for Squaw Valley Brown Act Violation
It shows how Placer County violated California’s Brown Act when it included a last-minute deal with developers in its approvals, which was negotiated in secret and finalized the day before.
Maybe you were at the public hearing when the County made their surprise announcement about the deal – and the audience booed.
That announcement – and that deal – was both a blatant betrayal of Lake Tahoe and a flagrant violation of state law.
Pictured: Blue waters of Lake Tahoe
Here’s why: the Brown Act, passed in 1953, is a bold declaration of the importance of public involvement in government decision-making.
The law states: “The people of this State do not yield their sovereignty to the agencies which serve them,” and “it is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.”
Specifically, the law requires a governing body (like the Placer County Board of Supervisors) to “post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting” and, also, that key documents relevant to important decisions be made “available for public inspection”.
In the case of its Squaw Valley development and its impact on Lake Tahoe, the County did neither.
Let’s remember what’s at stake: the biggest development proposal in the Sierra Nevada.
KSL Capital Partners, a private equity firm based in Colorado, wants to develop Squaw Valley with a project of size, scale, and scope North Tahoe has never seen.
New development would remake the region with 1,493 new bedrooms in a series of highrise condo hotels, many of which would be nearly 100 feet tall, and include a 90,000 square foot indoor waterpark – as wide as a Walmart and more than twice as tall.
Throughout a five-year planning process, Sierra Watch, the League to Save Lake Tahoe, the Tahoe Regional Planning Agency, and even the California Attorney General raised concerns about how the project would pump traffic – more than 1,300 new daily car trips – into the Basin, adding to Tahoe’s gridlock and threatening the ongoing effort to Keep Tahoe Blue.
Placer County’s answer was to negotiate a deal with the developers – in secret – and then to spring the result in a surprise announcement on the day of their approvals.
“This really did literally come together yesterday,” explained KSL attorney Whit Manley at the 2016 hearing.
It’s not clear that the deal would actually have any impact on limiting the project’s impacts on the lake. But we were never given an opportunity to assess and comment on the surprise arrangement, which commits the developer to estimated payments of less than $15,000 per year over 30 years.
To put that number into context, Congress approved more than $400 million to protect Tahoe’s clarity less than a month later.
The deal, however, had not been put on the agenda for the Board of Supervisors meeting.
Nor was it made “available for public inspection” – another requirement of the Brown Act.
The County argues that it did make the last-minute documents available to the public. But they were put in a file the night before the hearing – in a locked office building.
So, arguably, they were “available” to anyone willing to commit a felony – breaking and entering.
Or, in terms of the law, as our brief points out, “Providing a memorandum at an office that is closed to the public in no way satisfies either the plain language or the purposes of the Brown Act.”
Of course our Brown Act litigation is not the only challenge to Squaw Valley development. We also filed suit to overturn Placer County’s approvals based on violations of the California Environmental Quality Act, known as ‘CEQA’. That law requires Placer County to adequately assess what development would mean to important issues such as transportation and safety.
In our brief submitted in the CEQA case last month, we spelled out how Placer County violated state planning law by downplaying or avoiding the project’s impacts on Tahoe’s famed water quality, increased danger of wildfires, scarcity of local water supplies, and traffic.
In both cases, our goal isn’t just to win a lawsuit. Our goal is to ensure a process and results that respect the people and the values of our mountains.
The trial for the Brown Act challenge is set for March 6, and we’ll keep you posted.
In the meantime, here’s to snow – and justice!
Tom Moorers
https://www.sierrawatch.org/
Thank you, Brooke, for your integrity.
One has to ask if the city council lost control of the city?
There is no harm in shedding light on truth.
Thank you, Brooke. This silliness needs to end.
Please continue to bring up process and keeping to the established rules. Hopefully, your fellow Council members will join you in doing so. I can only hope a City Attorny who will speak to City needs and not to potential billable hours under contract will rectify the lack of speaking to the rules. A City Manager who hold staff accountable to provide information rather than push policy will also improve this situation.
I hope you continue to push these issues with the City Council. We missed your presence at the recent City Council meeting. Council members spoke to rules in terms of what they thought was reasonable rather than what existing rules specified. Council members need to remember that the rules apply no matter what their feelings or opinions may be. The City Council should not be above the law.
-Scott Ramirez
It’s about time.
The music stopped, the lights came back on, and Brooke was the one without a chair.
This wasteful, inefficient city should be dissolved and turned over to county control.
Thank you ?❤️
I echo the accolades above for your brave step up, and hope this Council works hard to get its act together and hires an interim City Attorney who demands the laws be upheld in City matters. The Interim/acting City attorney and that firm, allowed these violations to occur and be covered up… What’s up with that? They should be fired. The constituency wants to know what happened in the Nancy Kerry mystery; the City wants to know why the Mary Egan contract was such a secret – with no written report. And, we have a right to know! Why was a non-action reported in the Council Meeting Minutes (which was changed at the April 3rd meeting). The City government is simply out of control, running in circles of dysfunction and we, the public, see it and watch helplessly while our City runs amuk! It is a scary situation, and I hope your shedding some transparency will help bring order and integrity back.
This had to be a very difficult letter to write so thank you for your bravery. Now the other Council members & staff must respond to improve this situation.
Always good to shed light. To keep it lit…to follow through is what now matters for long term health of city as an organization, which benefits the community. What to do next Brooke ??hmmm? 1) file a formal complaint with the City Attorney’s firm asking for internal investigation re: Brown Act violation on MRG/Mary Egan contract, in lieu of a CA Bar complaint if they drag their feet. 2) Request total accounting of cost of that contract which was billed through their firm. 3) Reveal the vote record on the contract as if it had been acted upon in open session anyway 4) Reveal who made all initial contacts with Mary Egan/MRG, effectively selecting that firm outside of normal procedures. 5)Find out what an actual contract/scope of work for an organizational assessment would really look like as had it gone on an open agenda it would have been exposed as a farce. 6) Find out who leaked to the press ( the other paper) that the former CM was being investigated via Egan contract, and to oh by the way talk to these specific employees who have a beef with her 7) Publicly shame the other paper for being so lame and getting sucked into a scam witch hunt on the former CM and not following up on anything like Brown Act violations & violations of the CM’s contract. 8) Place the MRG/Egan contract on the agenda to discuss the item & all of the possible violations of law, process & procedure that may apply so that the city does not repeat such actions again. 9) Get a City Atty with knowledge of Brown Act & ability to say “No we cant discuss that in here. We are not properly noticed for that issue.” or ” That needs to be placed on an open agenda in order to take action.” 10) Find out who falsified the public record of the minutes to include something that was not acted upon. Refer to DA; dont let it be blown off as a typo. Overall, be an open government nut. DO not let these issues be forgotten. You have a situation whereby someone initiated this whole episode for self gain with total disregard for the damage to the institutions taking place, ie compromising the objectivity & credibility of the City Atty’s office; damaging the ability of the city to recruit anyone for the CM or CA slots. The person/s who started this whole thing need to be exposed for what they are, a weak leader who could not succeed within the system and therefore had to compromise the whole thing for their gain, thinking they ares clever. (& maybe all because of “Mommy Issues”?) In order to bring the city forward and recruit for CM & CA you have to show commitment to reform & positive evolution vs being stuck in drama & chaos. You will otherwise just get toadies who will play along with any drama like a Brown Act violation. The good govt folks in the community need to step up and support you. Council members involved in orchestrating this farce need to be ditched. Council members who do not support an open accounting of these issues need to be ditched.
Sorry Steve – El Dorado County is no better. Simply recall all the scandals and misappropriation of funds over the last 2-4 years! And quite frankly, they can seem to get anything done in Meyers & SLT.
In pursuit of correcting this unlawful activity, have you filed a formal complaint with the California Attorney General’s office? Your letter is heroic, but if it does not bring about the arrest of the criminals, what has been achieved?
Brooke, a very courageous letter considering you are a current council member. Do not know all the specifics, but if laws have been broken an investigation by the California State Attorney General’s Office, should be demanded by our community.
This city has been involved with some very sketchy actions going all the way back to the beginning of redevelopment projects. The “Hodge Project” at Ski Run started a long history of city mismanagement, poor decision making, and possible “back room” deals that benefited developers over the interest of private property owners and the entire community.
Project 3, or what became known as the “hole in the ground,” was a public/private partnership between the South Tahoe Redevelopment Agency and Lake Tahoe Development Co./Randy Lane. In the end, it became clear the process of eminent domain was used to benefit the developer, not the community. Many local original property owners were devastated financially because the city abandoned their responsibility to protect its citizens. The city washed their hands of any responsibility for the failed project when redevelopment agencies were abolished in California.
The City of South Lake Tahoe did everything in its power to continue helping outside investors, but at the same time did absolutely nothing to protect and ensure the welfare of the original property owners. The city did not follow its own rules, regulations and ethical standards. Sound familiar!
What the city did to its local original property owners was unconscionable, unethical and morally reprehensible!
If there is an investigation into the activities of the city, PLEASE include the Project 3/Chateau Project. It was never investigated to find out what went wrong with the current unfinished project that began over ten years ago. Given the current environment of the City of South Lake Tahoe, it is now time for the investigation!
The enticement of the drug, that is power, and the lust for significance is not a new problem anywhere let alone here in South Lake Tahoe, watch the nightly news.
Here, it is easy to agree with Ms, Laine’s letter so much appears obvious now. It is just as easy to do something about it including getting the DA and Grand Jury involved. Government public records can be exposed to even a greater degree in grand jury investigations Let the light shine under the bushels.
The arrogance of one’s willingness to do whatever possible to achieve power over others can be ultimately corrected at the polls in November. As the electorate, we alone have the actual power to make the necessary changes. In doing so we will enlighten the one who sought his own significance at the expense and best interests of the city. It is well discussed in circles all over town that mess is laying at the feet of the one hiding behind his see-through curtain and the other holding the gavel. The Awakening.
Brooke, in your first sentence you admitted to violating the law. If on the outside, outside chance criminal charges are brought against the council members what will your lawyer say regarding your mea culpa. Being involved in a conspiracy is a felony.
BTW, the chances are one in a billion anything will come of this, so no need to worry or hire counsel at this time.