“Based on your agency’s history of deleting audio recordings of board meetings, it has become necessary for reporters to record the meetings because your agency cannot be trusted to carry out this basic governance function.Now that all board members are on notice of the fact that the public must perform this function, any member’s participation in a meeting at which the public has been thwarted in its efforts to make a recording will subject the member to criminal prosecution.” – Attorney Cory Briggs, in a letter to the CVUSD.

By Miriam Raftery

Photo:  ECM's recording device, a cell-phone sized recorder on a small tripod next to the front left seat, is clearly not obstructive or disruptive at the May 7 board workshop.

May 17, 2019 (El Cajon) – “Despite lawfully occupying open seats in the front  row, reporters have been threatened with arrest, removal, or both if they did not move to the back of the room,” states a letter sent by Attorney Cory Briggs of Briggs Law Corporation to Cajon Valley Union School District yesterday on behalf of East County Magazine. His letter makes clear that such conduct is “flatly illegal.”

On May 7, Ryan Love, safety and security officer for the district, ordered ECM contributing editor Paul Kruze and editor Miriam Raftery to move to the back, where we explained that audio recordings would not turn out due to noise from an air conditioner and the audience. We refused to comply with this illegal request. 

On May 14, Love again demanded that Kruze move from the front row to the back, and Kruze again refused. Kruze says he was told that an El Cajon Police officer would be called to arrest him.

By Miriam Raftery

View video:  This agenda item can be viewed from 1:06:16 through 1:57:45

March 17, 2017 (El Cajon) – El Cajon’s City Council spent a full hour Tuesday debating a proposal by Mayor Bill Wells that aims to save Council time and staff resources by limiting how many items a Council member could place on an agenda single-handedly to just one per quarter, a maximum of four a year.  To bring forth any additional item, a Council member would have to gain support of one additional member. 

But that raises potential Brown Act violations andconcerns over suppressing citizen’s representation, the American CIvil Liberties Union (ACLU) warns in a letter sent to the City's attorney, Mayor and  Council members..

Newly elected Councilman Ben Kalasho strenuously objected to the proposal, leading to a testy exchange in which he threatened to sue Wells and fellow Council members to protect what he views as his right to represent his constituents.  Several members of the public also spoke out,  all opposed to sttifling their representatives’ ability to put items of concern on the agenda.

By Miriam Raftery

December 8, 2012 (San Diego’s East County)—The public’s right to know what’s on the agenda for local government boards is now fully restored--thanks to a provision tucked within the fine print of Proposition 30, the tax measure to aid schools passed by voters in November.  

Back in July, the cash-strapped California Legislature suspended a section of the Brown Act that required local government boards to post agendas at least 72 hours before a meeting.  Because the law required the state to reimburse local governments for such costs, the state simply eliminated citizens’ right to know what actions government bodies had scheduled.

“Since the election, the Brown Act mandate is fully back in force and agencies can no longer claim reimbursement for mandated costs.  That's a side effect of the passage of Prop 30,” Terry Francke, general counsel at Californians Aware (CALAWARE) told ECM.

By Miriam Raftery

August 24, 2012 (San Diego) – Last week, San Diegans for Open Government sued San Diego’s Supervisors for apparent Brown Act violations at a June 26 meeting. 

Take these steps to restore Brown Act protections at state and local levels

By Miriam Raftery, Editor, East County Magazine

July 18, 2012 (San Diego’s East County) – Criticism is mounting over the state’s suspension of Brown Act protections, which have long required local government boards to provide at least 72 hours public notice of meeting agendas.