Seeking to avoid lawsuit, Alameda County Supervisors vow not to break Brown Act again

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COUNTY NEWS

—SORRY, NOT SORRY—Over the past two months, the Alameda County Board of Supervisors received two letters alleging up to six violations of the Brown Act, the state law that promotes government transparency.

—The allegations include some supervisors giving preferential treatment to members of the public and county employees during public comment, failure to report votes and actions taken during open and closed session meetings, and roll call votes not taken during virtual meetings.

—The complaint letters were sent by the Alameda County Taxpayers Association. The group has been a thorn in the board’s side lately. Earlier this year, the same group filed a lawsuit alleging Supervisor Dave Brown was illegally appointed last December to replace the late Wilma Chan. The lawsuit questions Brown’s residency, and included a treasure trove of text messages that suggested Brown engineered his own appoint to the board.

—Rather than face the threat of another lawsuit by the Alameda County Taxpayers Association, the Board of Supervisors on Tuesday authorized a letter be sent to the group that ostensibly says they did not violate the Brown Act, but will not violate it again.

—“In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the Board hereby unconditionally commits that it will cease, desist from, and not repeat the challenged actions as described above,” the Board of Supervisors wrote.

—Board President Keith Carson was not keen about signing the letter. “Could we just adhere to Brown Act and not do all of that?” he said.

—The letter’s prime intent, said Donna Ziegler, the board’s county counsel, is to avoid a lawsuit, as prescribed in the Brown Act. “It is your attempt to resolve past violation of the Brown Act,” she said.

“Very reluctant to support. Very reluctant,” said Carson, who worried he would have personal liability if another supervisor violated the Brown Act in the future. Ziegler said Carson was only signing the letter as board president.

MORE INSIDE FOR SUBSCRIBERS: Today’s roundup from the Alameda County Board of Supervisors meeting | Moneyball: Campaign Finance Update | Mailbox: A look at mailers from Pamela Price and Lena Tam |