Santa Cruz Commission on Environment, Brown Act

I have attended meetings of the Santa Cruz County Commission on the Environment and have had several emails with the staff. The Environment, of course, is a vitally important subject and the public needs to be both informed and engaged.

However, I have found the workings of this Commission opaque, as well as falling short in several areas related to content, speed, possible conflicts, engagement of the public.

California has the Brown Act to make meetings open. I have notified my Supervisor (Coonerty) that though I am not a lawyer it seems quite clear to me the SCC Commission on the Environment has been operating in violation of the letter and spirit of Brown Act.

I like this part of the Act:

54950
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.

Here is related information in Santa Cruz County code, section 2.38.

Finally, here is the "demand letter" I sent:
(Also my September 25, 2009 letter)
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November 4, 2009

Dear Nancy Gordon:

cc: Allison Endert (Supervisor Coonerty's Office)

Under 54960.1 of the Brown Act and Santa Cruz County 2.38.130, 2.38.230, 2.38.270 Chapter 2.54 plus other appropriate laws, do here and in all prior oral/electronic/written communication since August 2009 demand of the Santa Cruz County Commission on Environment:

• full disclosure and transparency of all COE activities
• public access and participation in all COE activities, including subcommittees, task forces, working groups etc.
• conflict of interest policy and personal statements (section 2.38.270)
• bylaws and resolutions authorizating subcommittees (section 2.38.130 B, 2.38.230 A)
• correction of inaccurate minutes and omissions
  
• make public: all work-in-progress, all data, all draft reports, all electronic or email correspondence; all consultant reports or drafts, all ICLEI reports or drafts, etc.
• all other information necessary for the Board of Supervisors and citizens of Santa Cruz County be fully and timely informed the issues covered in your subject area ..."...such as energy, environmental health, business, climate change, ecological science, education, housing development, transportation, agriculture, water, biotic resources, land use planning"

I am not a lawyer. The citizens of this county need to be informed on the issues, risks, facts, related to the environment, especially reducing green house gases and reducing energy consumption. Nothing less than full disclosure, transparency, and public engagement is acceptable.

Jim Rothstein

831-824-4304
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