Open meeting violation alleged

June Casagrande

Alleging the city violated open meeting laws when it decided

during a closed session to hire lobbyists, the Greenlight Committee

has lodged a complaint with the district attorney’s office.

The Greenlight complaint also alleges that the city has failed to

report on closed session meetings as open meeting laws require. These

new charges follow allegations filed last year that the city violated

the law when city officials met with Koll Co. and Conexant

representatives.

“We have a problem with this kind of secrecy in government,”

Greenlight spokesman Phil Arst said. “It’s not a question of whether

the hiring was appropriate. It could have been. But it was done

without any public input or announcement to the public.”

Earlier this year, the city approved contracts totaling $455,000

with California Strategies and the Washington lobbying firm of

William D. Lowery. The lobbyists’ job was to fight on the city’s

behalf for the extension of the John Wayne Settlement agreement,

which limits flights and growth at the airport.

City officials argued that because the settlement agreement

extension counts as “pending litigation,” they were acting properly

when they approved the contracts in closed session. State open

meeting rules, commonly known as the Brown Act, require that most

meetings and decisions of public officials take place in an open

forum for which the public has received ample advance notice.

Exceptions are made for pending litigation and for real estate

negotiations.

In its complaint, Greenlight pointed out that the City Council had

not reported any details of its closed session meetings in the first

six months of 2002.

City Manager Homer Bludau said he has directed the city attorney

to look into the allegations, but that it was too early to comment on

most of the charges. He added, though, that many closed session

matters end up on the agendas of regular council meetings.

“To suggest that the closed session council actions don’t see the

light of day just isn’t true. Often they end up as council actions,”

Bludau said.

Tori Richards, spokeswoman for the district attorney’s office,

confirmed that two separate complaints against Newport Beach have

been received and that they are both under review. No further details

were available, she said.

* June Casagrande covers Newport Beach and John Wayne Airport.

She may be reached at (949) 574-4232 or by e-mail at

[email protected].