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District Attorney says no Brown Act violation regarding Councilmember Hernandez
By Anonymous — Friday, December 10th, 2010
Office Of The District Attorney December 8, 2010 Laurie Hernandez Re: Brown Act Issue Dear Ms. Hernandez: Through an article in the Ventura County Star, the District Attorney’s Office became aware of the memorandum of October, 6, 2010, from Mayor Patti Walker. The memorandum discusses an article in the Manteca Bulletin that purportedly included statements by you regarding a closed session occurring on September 28, 2010. Because the District Attorney has authority to enforce provisions of the Ralph M. Brown Act (public meeting law), I requested and obtained public information on this matter from the city clerk, including agendas, minutes, and recordings of city council meetings, as well as Mayor Walker’s memorandum. The Ventura County Star followed up with two articles stating that the District Attorney’s Office had obtained public documents regarding this matter, and suggesting that we might be conducting an investigation. I have reviewed the materials I received from the city clerk, along with a copy of the Manteca Bulletin article. While I am aware that City Attorney Theodore Schneider wrote a memorandum to members of the council about this matter, he stated at the meeting of October 26, 2010, that this memorandum is protected by the attorney-client privilege. Accordingly, I have not requested that memorandum and am not aware of its contents. Of particular relevance to me was the recording of the meeting of October 26, 2010, including your explanation of what you told the Manteca Bulletin reporter, what you were referring to in statements you made, and pointing out factual inaccuracies in the article. The information we have reviewed does not establish that you revealed any confidential information from the September 28 closed session, or that any violation of the Brown Act occurred. Accordingly, the District Attorney’s Office will be taking no action in this matter. Very truly yours, |
