Yesterday, I got this from Diane Harkey consultant Scott Hart. It's a "resolution" opposing the attempt to recall Dana Point Mayor Diane Harkey and is signed by four of the five Dana Point councilmembers (including Diane Harkey, which looks silly).
The three other councilmembers are Harkey allies, so no real surprise there.
Today, an e-mail comes over the transom from giest of the Harkey recall, former DP Councilman Jim Lacy:
Attached is Harkey recall proponents response to Harkey's latest ethically challenged action. The City will receive this letter on Saturday. It has 30 days to "cure or correct" the defect, by either setting aside the Resolution, agendizing the Resolution opposing the Recall at a future meeting, and allowing public comment and debate before a vote, or just dropping it. If it fails to do so, recall proponents will sue the city within 15 days thereafter to declare the Resolution that appears on Total Buzz and OC Blog as "null and void."
Lacy's contention is the resolution is a violation of the Brown Act because is it signed by a majority of the DP councilmembers and there are five signature lines.
You're gonna have to color me underwhelmed on this one. There's nothing to indicate this is an official city resolution -- not even the councilmembers' names and titles are printed underneath their signatures. If these four councilmembers signed a card agreeing that the recipient should have a happy birthday, is that a violation of the Brown Act, too?
Other than the officious use of whereases, there's nothing official about this resolution. I'm interested to see if Lacy gets anywhere with this maneuver, but if this is the stuff of which the recall proponents hope victory is made, my prediction is they'll be disappointed.