Press Release (11/12/09)
Brown Act, Conflicts Complaint Filed Against: Santa Cruz County - Commission on the Environment
For additional information:
Jim Rothstein
831-824-4304
jimrothstein@gmail.com
Today an environmental citizen filed a complaint against Santa Cruz County's Commission on the Environment (COE), alleging violations of the California Brown Act (open meetings and documents) and County's Conflict-of-Interest Laws. In accordance with the Brown Act, the filing was submitted to the County District Attorney office for review and possible civil and criminal action.
"All citizens deserve timely information about the latest science and policy alternatives in regard to the environment and climate change, free from any conflict of interests" said Jim Rothstein who filed the complaint on behalf of Santa Cruz County citizens. Several of the Commissions have a funding relationship with local government, or wish to.
"On the surface, the [COE's] meetings seem to be open, even polite, but as soon as you ask to read the documents, seek data or ask to attend a working group an invisible wall goes up, for example they'll say meetings listed on the agenda are private 'internal staff planning meetings' " he added. "They hadn't even updated the agenda or minutes in the 5 months before I called about an August 26 meeting." "Several times the Chair would tell me I have 'good questions' and they'll answer it in a future document, but refuse to give a release date. Another time I asked the same question at two meetings; only to told each time it would answered at the next meeting - but it wasn't. When I asked what COE to do in preparation for UN's Copenhagen Conference they made a joke out it before answering 'no plans.' This is all a disservice to the public which empowers the COE."
The Brown Act was originally enacted in 1953 and has been updated since. It places the burden on government to prove why a meeting must be shielded from public participation. Like all laws, enforcement is the key.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
The District Attorney's office receives 5-10 Brown Act complaints each year and decides which to pursue. But, Robin Giysin, the DA Civil Affairs coordinator said "We've never filed a Brown Act suit."Acknowledging this, Rothstein said "The Board of Supervisors created this Commission and ultimately they are responsible; I've told them about the problems." Rothstein said his original intent in attending COE meetings was to "do something" about climate change and environment. He wasn't surprised to learn the COE felt exempt from County's conflict-of-interest rules, but stunned that they'd actually admit it. He hopes the COE will be able to focus on public service, but he wants to return to working on environmental issues and policy. He feels the County needs a strong independent group, based on science and community, to provide policy guidance. "We have wonderful scientific organizations in this County; we need to listen and act accordingly."
The Commission on the Environment meets monthly and the public may attend. The Chair is Virginia Johnson, CEO of Ecology Action. COE staff is Nancy Gordon, a senior level staff member with Santa Cruz County.
More on Brown Act and Santa Cruz County Codes:
- Brown Act (also Wikipdedia and this excellent 2003 guide Calif Attorney General's office), also Santa Cruz County 23.8 or Chapter 2.54 COMMISSION ON THE ENVIRONMENT
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