Meeting Summary
Present: Stix, Francina, Rule, Lang, Whitman
This summary was AI-generated to save you time. It may miss or misstate details — verify against the official recording and the transcript.
At a glance
Brown Act and Transparency Workshop
- Guest speaker Anne Revell presented an overview of the Brown Act, emphasizing open meeting requirements and statutory exceptions for closed sessions.
- Council members discussed the scope of recent closed sessions, the City Attorney's role, and the confidentiality of sensitive information.
- Proposals for internal checks, such as disclosing ex parte communications and reporting out from closed sessions, were debated.
- No formal vote was taken as the item was designated strictly for discussion and education.
Code of Ethics and Conduct
- The Council discussed establishing a code to rebuild trust, including commitments to transparency, clear voting procedures, and social media best practices.
- Debate centered on recording closed sessions, weighing public accountability against potential chilling effects and litigation risks.
- A motion passed directing staff to draft a code that includes an investigation into disclosing ex parte communications for all Council matters.
- The Council decided to address recording mandates on a case-by-case basis rather than including a blanket requirement in the initial draft.
Response to District Attorney Letter
- The City Attorney presented options for responding to allegations of Brown Act violations, recommending an unconditional commitment to cease and desist.
- Public comment addressed the necessity of recording sessions and the credibility of legal advice regarding the District Attorney's findings.
- The Council voted to postpone the decision to the June 13 meeting to gather more information on compliance and training options.
- Staff was directed to communicate with the District Attorney regarding the Council's deliberations and offer availability for further discussion.
Closed Session
- No closed session report was included in the provided meeting summary.
Full summary
Agenda Item: Approval of the Agenda
- A motion was made to approve the agenda and was seconded. The motion passed.
Agenda Item: General Public Comment
- Public comment was received from several individuals regarding various topics, including the Brown Act, transparency, public service ethics, conflicts of interest, road paving, and the City's response to the District Attorney's letter. No motions were made or votes taken during this segment.
Agenda Item: Brown Act and Transparency Workshop
- The Council convened a workshop to discuss the Brown Act, transparency, and a recent letter from the District Attorney. Guest speaker Anne Revell provided an overview of the Brown Act, covering legislative intent, the necessity of open meetings, and statutory exceptions permitting closed sessions (litigation, personnel matters, and real estate negotiations). She emphasized that closed sessions must remain strictly within agendized exceptions and that reaching consensus outside of properly noticed meetings constitutes a violation.
- Discussion ensued regarding the application of these rules to recent City Council closed sessions. Topics included whether recent discussions remained within the scope of the litigation exception, the role of the City Attorney in guiding the Council, the confidentiality of closed session information, and allegations regarding communications between Council members and third parties prior to the new term. The City Attorney clarified that his client is the City, directed by the majority of the Council, and that he cannot disclose closed session information to the District Attorney without Council consent. Proposals for internal checks and balances, such as requiring disclosure of ex parte communications and ensuring proper reporting out from closed sessions, were discussed.
- Regarding procedural matters, Council Member Rule requested an opening statement. Council Member Whitman moved to allow the statement after the guest speaker's presentation, and the Mayor seconded. The motion passed. No formal vote was taken on the workshop content itself, as the item was designated for discussion and education.
Agenda Item: Code of Ethics and Conduct
- The Council discussed the need for a Code of Ethics or Code of Conduct to establish community norms and rebuild trust. Proposed elements included commitments to follow the Brown Act, avoid serial meetings, establish clear procedures for calling closed sessions, take clear votes, report out actions from closed sessions to the extent possible without harming the city, provide thorough agenda language, and adopt social media best practices. A guiding principle to default to transparency while protecting confidential strategic information was also discussed.
- A significant portion of the discussion focused on whether to record closed sessions. Public commenters advocated for recording to ensure accountability, while some Council members and the expert consultant raised concerns regarding a potential "chilling effect" on candid discussion and the risk of recordings being subject to discovery in litigation. The City Attorney suggested that if recording were chosen, the city could retain tapes and only release them upon court order.
- Councilmember Lang moved to direct staff to draft a Code of Ethics incorporating the discussed elements. The motion was seconded. Councilmember Rule requested an amendment to include an investigation into requiring disclosure of ex parte communications for all matters before the Council, not just quasi-judicial ones. The City Attorney noted that while the Council could adopt standards above the legal minimum, careful drafting would be required to avoid Brown Act violations. The motion was amended to include this provision. The amended motion passed.
- Regarding the recording of closed sessions, the Council decided not to include a blanket mandate in the initial draft due to a lack of consensus and expert advice regarding potential liability. Instead, it was agreed that the Code of Ethics would address the process for determining whether to record specific sessions on a case-by-case basis, with the issue to be revisited after the draft code is reviewed. The Council directed staff to draft the Code of Ethics and Conduct based on the outlined principles for future review.
Agenda Item: Response to District Attorney Letter
- The Council considered a resolution to respond to a May 15, 2023, letter from the Ventura County District Attorney alleging Brown Act violations. The City Attorney outlined four options: issue an unconditional commitment to cease and desist; decline to issue the commitment; take no action; or defer consideration. The City Attorney recommended adopting the unconditional commitment to prevent litigation, noting it could only be rescinded with specific notice and an open meeting.
- Public comment was received regarding the necessity of recording closed sessions, recusal in conflict of interest cases, and the credibility of the City Attorney's advice versus the District Attorney's findings.
- Councilmember Rule moved to table the item until the next meeting for further research and clarification. Councilmember Stix moved a substitute motion to postpone the decision to the June 13 meeting to gather more information on compliance and explore training options. Councilmember Whitman seconded the substitute motion. Councilmember Lang offered a friendly amendment to the substitute motion, directing the City Manager and City Attorney to communicate with the District Attorney regarding the Council's deliberations and to offer the availability of remaining Council members to speak with the District Attorney if desired. The amendment was accepted.
- The Council proceeded to a vote on the substitute motion (to postpone the decision to June 13 and direct staff to communicate with the District Attorney). The motion passed. Consequently, the original motion to table and the motion to adopt the unconditional commitment immediately were not voted upon.
Agenda Item: Adjournment
- The meeting was adjourned following the Mayor's closing remarks.