The City of Costa Mesa denies that its two-member city council "working groups" created in January are standing committees subject to the open meeting and public notice requirements of the Brown Act. In a letter today responding to CalAware's May 10 challenge to that effect, City Attorney Thomas P. Duarte concludes that "no violations of the Brown Act have occurred" without responding to the arguments made by CalAware. The latter's general counsel, Terry Francke, said he would recommend to the group's litigation committee that it file a court action seeking a judge's determination that would settle the dispute, plus an order to the city to conduct meetings of any of the working groups only in conformity with the open meeting law.
About The Author
Terry Francke has a 38-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers. Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution. Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.
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