San Luis Obispo County chimes in on Brown Act violation

February 10, 2025

By KAREN VELIE

Tasked with making sure government officials fulfill their mandated duties, the San Luis Obispo County District Attorney’s Office Public Integrity Unit recently asked a local district to fix an alleged violation of the Brown Act.

During a Jan. 8 Ground Squirrel Hollow Community Services District meeting, the board unanimously approved a $57,232 contract to replace a retaining wall on Stag Hill Road with contractors Twisselman and Fernandes, without properly agendizing the action. The Brown Act requires government bodies inform the public before voting to approve large financial contracts.

Ground Squirrel Hollow resident Scott Durian, who witnessed the violation, sent a letter to the district demanding it cure and correct the action, which he copied to SLO County Deputy District Attorney Ken Jorgensen.

“Our office contends Agenda 7B, monthly road evaluations, failed to adequately
advise the public that the board was going to vote on a bid by Twisselman and
Fernandez in the amount of $57,232.22,” according to a letter Jorgensen sent the district on Jan. 31. “Violations of the Brown Act may be addressed by the District Attorney’s Office through criminal prosecution and civil proceedings.”

However, before proceeding with legal action, the Brown Act provides an opportunity for government bodies to correct their errors.

In his letter, Jorgensen asks the district board to revoke its approval of the contract at its next meeting, and to redo the discussion and vote on the proposed contract.

At its Feb. 12 board meeting, the district plans to clarify its actions relative to the approval of the proposal by Twisselman and Fernandez.” District staff is asking the board to revoke its prior approval and then discuss and approve the proposal.

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