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UPDATED: City settles Brown Act violation lawsuit
By Gazette Staff Writer — Wednesday, November 18th, 2009
City must admit guilt, pay attorney fees, & attend two hour training course taught by Schneider & McKee
![]() City of Fillmore Last Wednesday, November 11, 2009, a settlement agreement was signed between the City of Fillmore and Richard McKee, President Californias Aware, ending McKee’s lawsuit against the city. The Agreement contains the three items McKee demanded: 1. A public admission of the City Council's "errors;" 2. A 2-hour Brown Act retraining for the City Council offered by the City Attorney and McKee at a special meeting before the end of the year; and 3. Payment of McKee’s attorney fees and costs, totaling $6,000. In return, McKee will dismiss the lawsuit. McKee brought suit claiming the Fillmore City Council violated the Brown Act. Under the settlement, the city will issue a written statement admitting that Brown Act violations were committed at the August 25 council meeting. The Ventura District Attorney’s office investigated the council’s action(s) and concluded not to file misdemeanor charges or a civil action against the council for the alleged Brown Act violations. In a Letter to the Editor, posted on page 2 this edition, McKee stated, “It can be argued that the Council acted improperly to avoid embarrassment. That is, they violated the Brown Act in an attempt to avoid the embarrassment of having to admit they had violated the Brown Act.” McKee goes on to say that a “greater concern” exists for the citizens of Fillmore and Ventura County—“a District Attorney’s Office either ignorant of the law or willing to compromise itself by sanctioning these obvious violations.” Michael Schwartz, Ventura County Special Assistant District Attorney, responded to Mr. McKee’s letter (Letters page 2) stating in part, “A lawsuit by the DA against the city would have been an unnecessary and inappropriate expenditure of public funds because the council took prompt action to resolve the problems and no additional violations were threatened.” On August 25, in a letter to Fillmore City Clerk Clay Westling, Councilman Steve Conaway accused three other members of the council of violating the Brown Act by participating in a private meeting earlier in the month and acting on information gleaned from the meeting. The meeting, held with then-city manager Larry Pennell, concerned the council’s search for a permanent city manager. In response to Conaway’s letter regarding the accusation, Mayor Patti Walker began the council’s meeting that night by requesting an immediate closed session to discuss the accusations. The letter stated that he became aware, via email sent to him from Walker, that a Brown Act violation occurred involving three of his fellow council members. The letter read that the “serial meeting was arranged and facilitated by transitional City Manager Larry Pennell. Mr. Pernell intentionally sought concurrence of thought from a majority of the city council. He and Mayor Walker received and acted upon information which, they gleaned from the ‘hub and spoke’ serial meeting.” The closed session was not listed on the council’s agenda, and constituted a second violation of the Brown Act. Schwartz also concluded that the “council violated several provisions, including an exchange of e-mails that constituted an improper “serial meeting,” and irregularities regarding a closed session to address the original violation”. McKee concluded his letter with “the California Legislature state clearly when revising the open meeting law, complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act is a matter of overriding public importance.” See file attachments below... |
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Oh, Brother! Now I cannot
Oh, Brother! Now I cannot wait to see the writeup and details on this one. RECALL, ANYONE? NO CONFIDENCE VOTING, ANYONE?
In my opinion...no
In my opinion...no confidence in WWB, BUT...no recall either...
We agree to disagree on
We agree to disagree on this, Pancone, and this is acceptable, however, I wonder what more damage is coming to Fillmore with this trio in the future? Mr. Schneider and the new City Manager, Ms. Quiring, plus so many others cannot be continuously running interference on this group. It seems they are totally incompetent to handle their positions anyway, without creating a public menace to Fillmore and a joke to surrounding counties and now the State of California. The voting public of Fillmore best get real serious in deciding who their next candidates will be in the upcoming election, Pancone. Lessons learned.
Pancone, you and I both
Pancone, you and I both know, (just as well as Martin does) that commenting on this site gets "old" in continually speaking of the WWB cabal. I've noticed that once we expend our breath and commenting on the Katzenjammers, we return to better comments about other things.
Too bad we cannot remain on that level, but the issue/s of the day...the "Talk Of The Town", keep rising up to greet us every now and again on a (now), regular basis. Once Fillmore gets over one crisis with Patti Walker and one or two of her staff and former colleagues that were so close to her in relation to the operations of Fillmore, another crisis follows, and so forth, and so forth!
I noticed, too, in discussing these issues concerning these three problematic Councilors, lots of people read this site (I can bet) but do not initiate comments (albeit would certainly like to). How many would like to tell some of us to 'shut up' already. Maybe a lot! I see their point; and agree. But how can issues be solved without discussing the issues head-on, rather than to skirt the issues? Somewhere along the line, the problems will get ironed-out, and it is presumed at this point, for the betterment of Fillmore.
Web sites were designed for communication, in part, and so with any media outlet. It would seem to me some statements should come from Patti Walker, Jamey Brooks and Gail Washburn to communicate with us. They obviously were cited (in addition with other citations) for "overriding public importance" in this, ignoring completely what it means for their positions as public servants to serve the public who put them in office, and we can forget those who, along with these three Councilors, who assisted them in their debacle to-date. We can see a "public apology" coming, per ORDER. How and where this will appear will be a test of their respectability to Fillmore, we wait and see.
"The voting public of
"The voting public of Fillmore best get real serious in deciding who their next candidates will be in the upcoming election, Pancone. Lessons learned."
Exactly so, CPR...exactly so...in the NEXT election...if we, the voters want more of this, then vote in another cabal member, then that'll will be a plain as day sigh...if we're tired of all of this, get real...vote in somebody who's got a bit of common sense...
Guys, it's been almost one year since WWB became the council majority...name ONE THING that the council has moved forward one...one thing that they've started and moved along...one thing that wasn't pending or in the pipeline before the Katzenjammers took power!!! WWB have simply been chasing their tails...
And for all of that, I wonder if the normal voter out is really aware of what's goin' on...I do...the only thing that's gonna work is to get slapped right across the jaws...each and every one of us...believe me, CPR, I'm on your page...but does anyone else really care?
I don't know.
Straight talk and on-target
Straight talk and on-target comments, Pancone. I'm definitely on your page, as well and most likely, on the pages of a lot more Fillmoreites, too. Seems we are singing from the same song book; not contra to each other. I'm just awaiting the reports when the Gazette publishes the next edition to the web.
Oh, by the way...that new Ford Explorer I bought for my wife had a mishap. While my wife parked it in the parking garage where we live part-time in the condo; in the big city south of us, we had a flood. Rained for nearly a week out here and the two typhoons came one after the other, T-boning the region. The parking garage, a one-level subterranean location was flooded. There went the new Explorer. Water over the roof! Insurance paid for the vehicle already, and we went out and bought a new Toyota Hilux 4x4, 3.5 diesel engine, loaded with all the bells and whistles, manual transmission (my choice), club cab vehicle. This is bigger than the Fords, Chevy's or Dodge pickups in the US by comparison. It is painted a beautiful metallic beige. The condo owners are considering constructing an above-flood plane level garage now. The wife cried her eyes out, but the loss was replaceable.
Yes people care about what's
Yes people care about what's going on, trust me on that one. The one positive thing that has taken place since the election is the hiring of our City Manager Yvonne Quiring.
As always if anyone has questions or concerns please let me know.
Steve Conaway
I don't doubt that they
I don't doubt that they care...but do they know? That's what I'm concerned about... When I talk to folks, they are aware that things aren't exactly what they should be, but they can't put their fingers on the problem... However, that said, their level of awareness will be tested at the next election...
Steve, yes, hiring Yvonne was positive...but only got us back to Square One again...when I refer to what the Council is doin', believe me, the former council, when you were mayor, was known for moving forward positively... although you are a member of the council, I place the blame for its failure to move forward on the majority cabal, WWB...you and Laurie, unfortunately, are on the shy side of the vote when it comes to reasonable and sensible actions...
So, when I refer to the Council, I do so in mind that you and Laurie are often, or mostly, the sole voices of reason there, and nothing I say, or have said, is in rebuke of either of you...I appreciate your service, and realize how very difficult it must be...watching the body of which you've been a member chase it's tail and not move forward...
Keep the faith, my man...
Well said, Mr. Pancone, and
Well said, Mr. Pancone, and I think the plurality of voters, readers to the Gazette, this site and by other factors would agree with you.
Steve, I only borderline
Steve,
I only borderline share the confidence you have in Ms. Quiring because of the fact that Buzz Bartels and his sidekick (who was the high dollar temporary hire in her former life) have made it their job to run interference for the new city manager. If she could bust loose of their hold I would feel better about her.
By the way, I wonder if there is a class we can take to keep up with the latest buzz words? ........then we could all sound like pompous, pseudo intellectuals!! What-ev-er!! (eye roll and the whole bit this time)
The jury is still out on the
The jury is still out on the new city manager, however I for one have high hopes, Steve.
Just a thought... in the last 12 months has anything positive happened in Fillmore?...other than the hiring of Ms. Quiring.
For a group that wanted to "take our town back" it sure looks like they don't really care about us poor folk in town with all the Unnecessary spending that has been going on. I wonder how much it is adding up to? Who were they taking the town back for anyway?
Johny Walker
How about a class to keep up
How about a class to keep up with the latest legal infractions established by the triumvirate on the Council? More needs explanation of their agendas.
(No eye-rolling on my part, this time!)
Actually let me ask you your
Actually let me ask you your opinion of what's taken place in the last 12 months? I have an insiders view and some strong opinion, but what is more important to me and possibly beneficial to others is to hear your opinion.
Anyone keeping a tab of the costs?
Steve Conaway
You got my opinion above,
You got my opinion above, pal!!! All I see is tail chasing caused by the 'Triumvirate'! Yeh...now dat's a woid!
Hey 8 Trees Trying to keep
Hey 8 Trees
Trying to keep up with blog is work and I’m internet isolated most of the day, but on to my opinion...
The simple answer is that WWB doesn’t respect, or comprehend, the Brown Act. At the very least, some of them are clueless about the concept of “transparent government “and confuse it with “invisible”. On another recent note, regarding our codes/ordinances, they are simply inexcusably naive about rational regarding the reasons we have rules.
Fillmore simply doesn’t deserve the gift of knowledge and wisdom Mr. Brooks and Mrs. Washburn have given us. With their recent Saturday Night Live style skit on city ordinance violations, they have demonstrated once again their lack of comprehension of how things work in a structured society.
I can almost forgive Brook’s rational since he is most likely operating on principles he expects to encounter in the hereafter – jolly good for him. However, Washburn claims to be a President of a HOA and if she is so weak kneed when it comes to enforcement of agreed upon rules, I feel sorry for the members of her HOA.
The bottom line is that this dynamic duo is working overtime to advance Fillmore to third world status. I can’t wait to neuter them next November. Yeah, the recall opportunity was missed so 2010 is the best bet.
Oogie
Thanks, Oogie...but was your
Thanks, Oogie...but was your comment directed to me? I already know what the "triumvirate" is doing, has done, and will continue to do until the election. Sad to say, though, their old campaign mangler (manager?) Gary Creagle will be one of the additional witlesses (witnesses?) to their next run-up to the voting session in Fillmore in the forthcoming campaigning season.
Yes, Oogie Boogie...I have mentioned many times recently that this Walker, Washburn and Brooks trio are obviously completely arrogant (and not in the term of being unaware of it) of the Brown Act, (in addition to other respective rules and statutes) and the fines and such are a matter for the City of Fillmore to 'foot', as nothing really, in the nature of penalties on a personal basis, are coming unto each member of this Mod Squad! They are laughing the decisions off as a matter of routine! I guess everything has been said about them, to include the word, "collective stupidity"!
I was a President of the Enchanted Oaks/Devonshire Woods Home Owner's Association in Texas, Oogie, and changing the charter and the by-laws from this conglomerate from a simple Home Owner's Association; of these two subdivisions-in-one, we became a completely different organization, The Enchanted Oaks Civic Improvement Association; 769 homes. I explained this in a previous comment about a month or so ago. I cannot see Patti Walker being President of anything, but she must have fooled the residents of her subdivision (and as you see this too). As far as incompetency goes, in politics oftentimes, this is hidden from view. But the overt appearances are a given, and so is performance on the job! The coat-tail-riding has already begun by this group, it seems but I honestly believe Ms. Quiring, and Fillmore, are privy to this. As far as a former comment made above about "buzz words", maybe that person does not really have a command of their English language yet...no "buzz words" intended.
"1. A public admission of
"1. A public admission of the City Council's "errors".
I wonder how this one will play put this time? I wonder what media outlet will receive this "public admission" of "errors" by "the Council". Taking serious note here, "The Council", et al, should not play any role in the admission statement except for those who have committed the issue to the table; one Council person immediately brought this violation up in a public Council meeting, yet, the Terrible Trio went on and on. I wonder if any mention of their ignorance will be skirted? Will this public apology be in the form of a written statement tossed at media outlets in the Fillmore area, or presented orally, with written backup substantiation being mentioned within an official City Council meeting, with all three of the violators standing up, facing the public, the local television camera and reporter, and being recorded verbatim for record? I wonder.
Steve, let me try to come up
Steve, let me try to come up with some of the money wasted by Mayor Walker and her group. I will be rounding the numbers because I am going by memory. $500,000 to start a new water well that was going to be paid for completely ( cost of the complete the well $1,500,000) by the owners of the new business park before Mayor Walker and Brooks and Washburn ran Roy Payne off and the business park started to fall apart. Speaking of Mr. Payne in forcing him out they had to replace him with a temp. at $12,000/month (Payne's contract was for $6,000/month and the business park owners were paying most of that). Nothing happened with the business park after Payne left so that was a waste of $24,000 (the temp work was for 2 months). Hiring a temp city manager whose only real function was to find a new city manager at the cost of $100,000 for 4months of work (the mayor and her friends could have hired an executive search firm as Santa Paula did for $25,000 to find a city manager). Walker et al then hired a temp Finance director (after forcing out Ms. Smith the long time Finance Director/asst. City Manager) cost...$25,000 and a late adoption of the city budget for the first time in Fillmore's history. A new housing element because of measure I $30,000. A new master plan and EIR for North Fillmore...cost Unknown conservatively $100,000. so let's add them up...
$500,000 + $24,000 + $100,000 + $25,000 + $30,000 + $100,000 = $779,000 in wasted money spent by Mayor Walker and her two little friends. I may be adding to this amount as I think more about it. Anyone else see something I'm missing?
Johny Walker
Many Trees, No, comment
Many Trees,
No, comment wasn't directed at you just reminding others of the great leadership we are cursed with. Can't wait to hear Brooks and Washburn deal with code violations on such issues as people raising poultry and pigs in their yards. Oh, and the burn barrels out in front.
So rest assured I'm staying tuned and keep your good comments coming.
Oogie Boogie
JDUBYA, Measure I
JDUBYA, Measure I corrections are estimated at $300,000.00, not $30,000.00 as type in your post.
Thanks for the info. That
Thanks for the info. That puts the total tax dollars to $1,050,000 wasted by Mayor Walker and her buds.
What does JDUBYA stand for? Sorry for the Question but I am new to all this internet stuff.
Johny Walker
JW = J Dubya (southern
JW = J Dubya (southern accent applied). I've been hooked on phonics.
Very funny :>) Johny Walker
Very funny :>)
Johny Walker
Any relation the the guy in
Any relation the the guy in the White House last?
Sorry, just had to ask ;=)
Oogie Boogie
Nope and no relation to the
Nope and no relation to the gal in city hall (Fillmore's White House)
Johny Walker
Thank God for that,
Thank God for that, Steve...but Johny Walker, you forgot to add-in the minuscule amount of six-grand this Brown Act fiasco cost the city in addition. Add-in trip and expense travel that was not worth a flip, either, for certain (the WWB) Council members' excursions. I would dare say that before this monkey business goes away next November, this Terrible Trio will have cost the City of Fillmore well over a million dollars on unnecessary expenditures. What a waste of tax dollars. Now, there are more issues than money to configure; let's say for instance the public image Fillmore once had; the high-key individuals who found it quite necessary to leave their long-term positions at City Hall and "departed" Fillmore because of the under-surges of this new triumvirate; the loss of necessary business intellect, professionalism and honesty because of the loss of those individuals; the dishonor these three aboriginal Councilor's brought upon themselves and Fillmore City Hall; the now known sources of the incompetence, lying, arrogance and stupidity in the City Council team; the loss of revenue of over one million dollars in tax money of the Fillmoreites; their near total lack of job competence, knowledge and engineering process necessary to hold down their Councilor positions; and right now, I'm in such a rush to get to work today, I could think of more things, but you guys can fill-in the blanks; I will take my Apple laptop along to keep updated. This is really just too much!
Oh no...the monkey business
Oh no...the monkey business does NOT go away...hopefully, PW goes away, but W&B stay! For another two years! It would be good if they became the minority, but...and this is scary...very, very scary...that is up to the same Fillmore electorate that voted in the Katzenjammers!