Sanitation district violates Brown Act amid Brown Act violation investigation
May 7, 2017
By KAREN VELIE
The South San Luis Obispo County Sanitation District may have violated the Brown Act while conducting an investigation into an alleged Brown Act violation.
On April 19, during a closed session meeting, sanitation district board member and Arroyo Grande Mayor Jim Hill was ordered to leave the room so that legal counsel Gilbert Trujillo, Administrator Gerhardt Hubner and board members John Shoals and Linda Austin could discuss an investigation into allegations of Brown Act violations lodged against Hill.
Nevertheless, ordering Hill to leave the district board appears to have violated the Brown Act because the issue was not on the agenda. The sanitation district board also failed to allow Hill the option of having the discussion in open session as required by the Brown Act.
On May 2, San Luis Obispo activist Kevin P. Rice sent the district a cure and correct demand regarding the board’s alleged April 19 Brown Act violations.
“It is truly mind-boggling that while conducting an investigation into alleged Brown Act violations, the SSLOCSD Board committed a Brown Act violation. Yet, that is exactly what occurred on April 19,” Rice wrote in his cure and correct letter.
The district has 30 days from its receipt of Rice’s letter to respond to his demands to place the Hill investigation discussion on a future agenda during open session.
The investigation into Hill’s alleged Brown Act violation was started after a controversial figure with a history of disrupting meetings levied an allegation of a Brown Act violation during a public meeting.
During a Jan. 24 council meeting, Arroyo Grande resident Patty Welsh claimed that Hill had shared his email password with his wife and distributed an employment contract that had yet to be approved by the sanitation district board.
Welsh’s evidence that Hill shared confidential records is an email Hill sent her on April 6 with an unsigned contract for sanitation district Administrator Gerhardt Hubner. Welsh claims the contract was confidential at the time Hill sent it to her. A claim Hill disputes on the grounds the contract was a public document.
The Brown Act exempts agencies from discussing several issues in open session, such as litigation, employee reviews and labor negotiations. However, proposed management contracts and other agency business are not exempted.
Nevertheless, political adversaries of Hill on both the Arroyo Grande City Council and the sanitation district board voted to pay $15,000 to have an outside firm conduct an investigation into Welsh’s allegations.
The Hill investigation, which is expected to take between four to six weeks, is being conducted by Liebert Cassidy Whitmore, a law firm specializing in human resource matters.
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