Brown's act

Judge finds county's appointment to replace Wilma Chan violated government transparency laws. Same judge repeals Dublin's voter-approved Measure II; East Bay June Primary merry-go-around is emerging

Dec 02, 2025

∙ Paid

**“This is WWWD :-)” — shorthand for “What Wilma Would Do.”**

☕️MORNING BUZZ

—An Alameda County Superior Court judge ruled last month that the Board of Supervisors violated the Brown Act when it failed to properly notify the public before appointing Dave Brown in November 2021 to replace the late Supervisor Wilma Chan.

Text messages released during the case revealed Brown — Chan’s longtime chief of staff — aggressively lobbying supervisors for the seat just a day after Chan was killed in a traffic accident on Nov. 3, 2021.

The messages showed him coordinating calls, pressing supervisors to act quickly, and looping in Chan’s family to lobby on his behalf. The board ultimately appointed Brown on Nov. 16 without a public process, a central issue in Judge Michael Markman’s ruling.

In a text, Brown insisted that Supervisor Richard Valle lead the effort to appoint him. “I need you to make the motion no matter what today. Waiting a week might doom our chances. We’re very close. Wilma would have gone for it in this type of situation,” Brown wrote.

—The texts showed uncertainty about whether the votes were in place for Brown’s appointment. “We don’t have the votes,” Supervisor David Haubert wrote to Brown, who responded, “This is WWWD :-)” — shorthand for “What Wilma Would Do.”

The subsequent board meeting revealed that Supervisor Nate Miley was opposed to the quick appointment.

Opponents criticized the behind-the-scenes maneuvering, particularly so soon after Chan’s death. The Chan family nonetheless supported Brown, even as many in the community argued the seat should honor Chan by going to an Asian American woman.

Attorney General Rob Bonta also backed Brown over several Asian American contenders, including former Alameda Councilmember Malia Vella.

A related lawsuit claimed Brown was ineligible because he lived in Walnut Creek, but a judge rejected the residency argument.

—Brown did not run for the District 2 seat in 2022, but his brief tenure was marked by a major misstep.

Although he supported new tenant-protection ordinances, he requested last-minute changes in December 2022 that forced a new first reading — delaying the vote until after a more landlord-friendly board majority was seated the next month.

The move effectively killed the stronger protections. Supervisor Keith Carson called it the “most underhanded” action he had seen in nearly 30 years on the board.

Despite the controversy, Supervisor Nikki Fortunato Bas, one of the region’s most fervent pro-tenant supporters, appointed Brown as her chief of staff earlier this year.