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September 05, 2007

Comments

Adam D. Probolsky

Technically Jubal it's four (4) Dana Point council members who oppose the recall, Diane is a member of the city council and she signed the resolution.

One Who Knows

Diane signed the resolution?

Well, Adam, as you say, there's no conflict of interest in politcs.

But maybe there should be.

Guns and Rose

Of the four, OC GOPers might what to know that Joel Bishop is a former elected member of the Orange County Democratic Central Committee and Steven (not Dan) Weinberg is currently a registered Democrat.

The person who didn't sign, former Mayor Lara Anderson, unlike Harkey, has a demonstrable history of supporting Republican causes and has been a long-time member of Republican Women's Federated.

DP Resident

There ain't no "Dan" on the City Council. There is a Steven, but how can you tell by the signatures? Did she really have to sign her own petition? That's like signing your own birthday card!

Obviously, this is not a real resolution of the City Council, or it would have had the infamous "City Seal", list the names and tiles of the signers, and NOT had the hand done corrections.

The doc looks like something a third grader banged out in about 3 minutes, and the teacher had to correct.

Looks like Harkey decided to go cheap and didn't have her highly paid staff write it.

DP Spirit

The recall effort has collected hundreds of signatures. It is very amusing that all Harkey could find to oppose the recall was 3 Dana Point signatures other than herself. Even more funny is that two of the signatures are from Democrats (Bishop and Weinberg). I'm surprised she didn't have her husband and daughter sign the petition too. Poor Diane, this is the best she can do to oppose the recall.

redperergine

This is very strange. If it were an official action taken by the DPCC it would have a resolution number. If it were an unofficial action, then what were the three (four?) of them doing if not violating the Brown Act by holding a "serial" meeting in secret.

Adam can you please elaborate what this document is. You said there was a letter - is this it? Inquiring minds want to know.

Adam D. Probolsky

All I know is what I see on the OC Blog but I would recommend a reading of the Brown Act for everyone...a majority of an elected body can do whatever they want together as long as they don't make public policy without noticing the meeting.

They can all vacation on a house boat if they want as long as they are not deciding to raise taxes while on the river.

redperergine

"a majority of an elected body can do whatever they want together as long as they don't make public policy without noticing the meeting"

Adam, I would submit to you that creating a resolution of a council majority is a de facto constitution of public policy. If the document has no official standing now or in the future, then it maust have been made to fool people into thinking it was. Deception of the public (thanks for your post!)doesn't look good for your client. It may not be illegal but it doesn't help her cause at all.

Jim Lacy

Redperegrine is right, is a legal stumble from the Harkey camp.

This is a slam-dunk Brown Act violation and the city will have to retract it or subject it to a subsequent noticed meeting, with public comments and vote and debate in public session, to avoid getting sued.

The downloaded letter says it is a "Resolution." A "Resolution" of whom? Well, it has spaces for five signatures, as in five councilmembers. The legal context of use of the word "resolution," and the statement "important work of the City Council" means this "resolution" is clearly intended to be a resolution of the City Council, which should not have been signed by a majority of the Council. Instead, it should have been agendized and allowed public comment and a public vote before it was signed by four members. Good for Lara Anderson, she didn't violate the Brown Act! But the other four signers did. This is so obviously a Brown Act violation I can't believe that Harkey's advisors and lawyers let her do it.

This type of deception is typical of the Harkey crowd, who recently sent out a political mailing abusing the official City Seal of Dana Point which they had to publicly apologize for.

Our firm has successfully sued the City of Mission Viejo and the Capistrano Unified School District for Brown Act violations. These violations are unfortunately all too frequent in Orange County. We will be sending our "cure or correct" letter on behalf of recall proponents to the city tomorrow.

Joseph Turner

Does anyone have a Vegas line on what battle is going to be the most fun to watch:

The Harkey Recall or the Riverside County knock down dragout between Benoit and Bogh?

http://totalbuzz.freedomblogging.com/ TOTALBUZZ REPORTS BROWN ACT VIOLATION BY DANA POINT CITY COUNCIL

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