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1. A BoD President of a local agency brags that he/she does not have to follow the policy rules of the Board (due to many years of serving on said board) and will continue to interfere with management by asking questions and speaking with all employees-even using some as confidants to get all daily info on the person running the organization and what occurs. Then immediately moves to stop any attempt by mgmt to go forward with any plans that may or may not be contrary to his/her preferences at the time, but are being handled as part of daily work-having nothing to do with policy. 2. In addition, denys, but continues to speak to friends, and staff about closed session topics, results and opinions. 3.Thirdly, has caused a consultant to be put under contract by the BoD, a friend, who he/she consults with daily about any and all topics regarding the running of the organization and runs the expenses of said consultant up with these consultations. Will not allow mgmt to question the invoices of said consultant, which are the largest payment in any given month, and keeps a finger on any purchase-with budget concerns as the issue-one that would lighten if said consultant was not allowed to grossly overcharge or work at all. Continues a practice of intimidation of all who question this practice including other BoDs who may not know better or who don't want to cause trouble. 4. Finally, never took the required ethics class (doubtful any BoD member has) and attends to every matter to build his/her own importance, or to cause retaliation (not by firing, yet, but by making life difficult, to any staff, management, or citizen who has brought any of the preceeding issues to light.

Hi Emily,

  I am very new to the forum.  I am looking for watchdogs in my area of Ontario but do not know what region that and how I locate one. Can you direct me?  Having problems with getting information needed to fulfill my responsibilities as a school board member. Thanks,

Don't feel so bad. I am in kind of the same situation as you, only I was elected Pesident in our last HOA election, and only one other person was elected. We had what seemed to be a very nice couple approach and offer to be on the Board, so we nominated them to office. The other elected Director soon resigned due to the politics of the appointed Directors, who then saw fit to remove me as President. I keep telling them they cannot do that but that is like talking to a block wall. I can certainly understand how you feel. I am treated much the same way. Now I am a Director at Large, whatever that is, and we don't even have a position for that, nor do our governing documents allow for more than five Directors. Am at my wits end, but refuse to resign.

I was doing some research and came upon your website. I was recently elected to the board as the youngest member of my HOA. Before being elected my HOA was biased and has failed to resolve some issues I was addressing. So I decided to run and was voted in. I am having hard time working with my HOA because they do not respond to my professional emails about requests until I literally become intellectually "rude". I never get an answer to my question and have walls being put up all around me. The gentleman who was voted out of office is still being kept in the loop by the HOA and the HOA still does not realize that Bill is no longer an elected official and that I am now the elected official. Nothing is accomplished in these meetings but a complete waste of time.

This association wants to raise HOA fees higher than the astronomical rate they currently are. The homeowners voted me in because I pledged to drop HOA fees but this HOA wants to raised them 9.8% every year for the next 8 years.

Their reasoning is to build up the reserve which is already built up, and to keep trash from moving in. I just dont see the jutification in this and so far what I have seen from this board is nothing but self satisfaction in themselves and not for this community.

What should I do?

grappsg@yahoo.com

Thanks again, Councilman Mark.

I hope we hear from Terry Francke on these recent posts, and from some of you other excellent posters.  By sharing our concerns and understandings we can each and all make a difference, I feel certain. 

After becoming entangled in the process, I feel it is almost a miracle that these laws were passed to protect the public:  the Brown Act, Calif. Public Records Act (CPRA), the Environmental Quality Act, Conflict of Interest Code, and all those sections of the Government Code that are designed to regulate the "regulators."  Laws for the law makers and law enforcers are essential if we are to have a balance of power between officers of the government and us citizens, the governed. 

Everyday my heart and mind are touched by goodhearted individuals who care enough to educate themselves and to keep trying to promote positive change by sharing understanding and concern.  Power to the people.

gratefully,

Great, informative and passionate post, Cnclmark.  You sound as though you "know whereof you speak!"

Thanks very much for your comments, your concern and your suggestions.  We have been very aware of the apathy of most of the public, and can well understand why individuals do not care to "fight City Hall."

People such as yourself, Terry Francke, and some of the other contributors are an inspiration, and offer much needed encouragement.

We could use some sunshine laws in this community, and election time is probably the best opportunity to promote them.  Too many cities use the Brown Act for the loopholes, and not to follow the intent of the Government Code which is open govt, accountability, transparency, and full disclosure except in specifically restricted situations.

When power becomes so concentrated in the hands of a few, without the restraints of checks and balances, we are concocting a recipe for a fascist state.  The way our city has dealt with complaints and warnings by watchdogs and activists is to marginalize and sometimes attempt to intimidate the messengers. This has been "accomplished" through misleading and frivolous "public nuisance" lawsuits that cost the taxpayers and individual citizens, dearly, through excessive awards of punitive, and unnecessary attorney "costs and fees."

As we have stated in oral communications, "Lies are short lived.  Truth will eventually come out.  Truth endures."

Grateful for your participation and consideration,

The state attorney general will provide helpful legal workbooks on the Brown Act, the Calif. Public Records Act, Conflict of Interest, and, I understand (although I don't have this one) the Environmental Quality Act.  These all relate to Calif. Govt. Code.

These publications are qutie helpful.  I do notice that the Brown Act workbook, and the Brown Act laws seem to be more specific as to what remedies are available, such as going to the District Attorney within a specific timeframe, to demand that cities comply with State Law. 

We just got a letter from Deborah Cervone, Encinitas City Clerk, which states, in pertinent part:

"The numerous records requests that you have recently submitted (attached) [We submitted four specific requests] do not reasonably describe a particular record.  Per State Law, we are required to provide Identifiable records."

Basically, this is the City's way of stating that it doesn't generate or keep reports of actions out of closed sessions.  The only report is what is included in the minutes, which is almost always, "no reportable action."  We asked, specifically, for any reports  in which the City had decided to initiate or to intervene in litigation.  These are to be available, upon request, once the case has been initiated.  In our situtation, our name and case number, only, were never mentioned in the minutes until the case was nearly through Superior Court, in March of 2003.  There was never any "reportable actions," until 5/23/2007, and that report was confusing and incomplete. 

There was another closed session with our case on the agenda on 9/26/07.  Again, we were not given the 72 hour notice for closed session agenda items before regular Council Meetings as required by the Brown Act.  After the closed session, there was a meeting of the San Dieguito Water District, where our Council Members sit as the board of directors.  After that meeting, the report out of closed session for our case didn't make any sense to us.  We asked for a transcript of that portion, and were told we could have it, and thought we could get it by Friday.  That didn't happen, and it is still not available.  We were told that the report was for "information purposes only" by the deputy City Clerk.

The Clerk's letter to us also states: "As you know, City Council staff reports and minutes are available on the City's web page at www.encinitas.ca.us.  This will enable you to conduct your research on the various questions you have."

Not everyone has access to a computer or has computer skills.  Moreover, the way the City's web page is set up, now, in a kind of .pdf format, searches usually bring up zero results.  The archives were much easier to search back in 2003.  I believe the files were inputted in a word .doc format back then.  One could search the Planning Commission minutes, for example.  Now this has no longer been possible for me.

Short of going before a judge to force the City to release documentation, what can we do?  I think the letter we received is essentially saying that these records are not "identifiable," not because we asked too broadly, but because no records of any reports exist other than the incomplete and confusing minutes , which almost invaribly state there has been "no reportable action," out of closed session.

Should the District Attorney be notified regarding CPRA violations as well as Brown Act Violations?  I would hope that the SD DA could send a letter or reprimand to the City, but while individual citizens have a specific restricted timeline for complaining to the City and then following through with the DA, it seems the DA does not have a guideline as to when it will acknowledge receipt of complaints or to notify individuals that their complaints are being investigated.

Thank you again for beginning and participating in this public forum, and for any advice you can pass on.  Your concern, understanding and encouragement truly help.