OFFICE OF THE DISTRICT ATTORNEY COUNTY oF SAN Luis OsisPo, STATE OF CALIFORNIA Dan Dow ac} Damon eet tae sehen April 17, 2018 VIA FACSIMILE & (605) 489-2765, MAIL Linda Austin, Chair Barbara Nicolls, Vice Chair slim Hil, Director South San Luis Obispo County Sanitation District Post Office Box 339 ‘Oceano, California 93575-0339 Re: Brown Action Violation Warning To the Board of Directors: |.am in receipt of documents relating to the Special Meeting on April 7, 2018, ofthe South San Luis Obispo County Sanitation District (SSLOCSD) atthe Courtyard Marriot, 1605 Calle Joaquin, Sen Luis Obispo, California. Documents reviewed include the board packet for your upcoming Apri 18, 2018 meeting A review of these records reflects that the April 7, 2018 special meeting occurred outside your territorial jurisdiction, a violation of Government Code Section 54954(b). This section ‘requires that, except for circumstances not present here, regular or special meetings must ‘occur within "boundaries of the territory over which the local agency exercises jurisdiction. ‘The Staff Report for your upcoming meeting takes the position that a “meeting” did not occur on Apri 7, 2018, because no “action” was taken by the Board. However, the Staff Report forthe April 18, 2018 meeting states: "The Board dentifed the top candidates for the position and is prepared to recommend finalists for futher consideration by the entire Board.” Government Code Section 4952.6 defines “action taken” to include “a collective ‘commitment or promise by a majorly of the members ofa legislative body to make a positive or a negative decision..." A decision to select “the top candidates," which implies an exclusion of others, is a “positive or negative decision” which constitutes, legislative “action.” “TURE Pa Set” San Lis Otiepo CA SOA08 tony agowOK” (5) 781 B00” Fax (65) 781 = —507‘As such, ths letter serves as notice ofa violation and a warning that future meetings must ‘occur within the boundaries of the SSLOCSD. Further violations may resuttin legal action by this office. Violations of the Brown Act and remedies must be considered in light of the Act's legislative purpose. Government Code Section 54950 states in pertinent part: {In enacting this chapter, the Legislature finds and declares, that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct, of the people's business. Its the intent of the law that their actions be taken openly and that their deliberations be ‘conducted openly. While the April 7, 2018 meeting occurred outside the jurisdictional territory of the SSLOCSD, the distance between the Courtyard Marriot and the boundary of the district is not significant as might suggest an attempt to deny access to the public. Further, the decision to hold the meeting at the Courtyard Marriott was not made by District staff, but by the recruiter retained by the District to search for a new District Administrator and appears to have been the product of inadvertence. Its important to note that the Staff Report makes the proactive recommendation that the Chair execute an unconditional commitment letter pursuant lo Government Code Section '84960.2._ Issuance of an unconditional commitment letter is appropriate under these circumstances. Finally, during the April 18, 2018 meeting, members of the public should be offered the ‘opportunity to address the Board about the April 7, 2018 meeting, including whether any action taken at that meeting should be rescinded. Sincerely, Hh Cy By: Michael S. Frye Deputy District Attorney Public Integrity Unit ce: Gilbert Tryjllo via email only