Copyright 2005, Orange County Register

DA's Office finds closed-door casino talks violated Brown Act. But, citing lack of intent, prosecutor declines to file charges.

By Nguyen Huy Vu

(GARDEN GROVE, August 13) -- The City Council violated the Brown Act in several instances when it held closed-door meetings trying to lure a tribal casino to town, according to a report released Friday by the District Attorney's Office.

District Attorney's officials said they decided not to file criminal charges because council members did not intentionally hide information from the public but instead relied on the city staff's incorrect interpretation of the state law on open meetings.

"City officials thought they were in compliance with the Brown Act," said William J. Feccia, senior assistant district attorney. "Ignorance of the law isn't an excuse in most cases, but it is in the Brown Act."

The district attorney did not pursue civil charges because no action resulted from the violations.

Assistant District Attorney Doug Woodsmall said the office will post its findings on the Internet, and the report should serve as a guide for Garden Grove and other county officials.

Longtime resident and activist Verla Lambert, whose complaint helped trigger the investigation, said ignorance shouldn't be an excuse for breaking the law. She wonders how councilmen and lawyers Van Tran and Mark Rosen and the city attorney could all not have known they violated the Brown Act.

"I've very glad to know they've investigated the case, but they didn't file any charges," Lambert said. "All they are going to get is a slap on the wrist."

Councilman Mark Leyes said he is pleased with the district attorney's decision and hopes it will be a wake-up call for city leaders in how they approach future projects.

According to the district attorney's report, Garden Grove violated the Brown Act on May 25, 2004, when city leaders met twice with casino mogul Steve Wynn in Las Vegas.

The report also concluded that the city violated the open-meeting law June 8, 2004, when the city leaders spoke about the casino plan in closed session, improperly described its agenda and signed a confidentiality agreement requested by Wynn.

In the report, the district attorney's recommendations include starting a Brown Act training program, and it advised against nondisclosure agreements.

The closed-door meetings date back to April 2003. The city met with the Mesa Verde Band of Mission Indians. In May 2004, four council members met separately, within 15 minutes of each other, with Wynn in Las Vegas to discuss the casino idea.

At their June 2004 closed-session meeting, city staff and three council members Van Tran, Mark Rosen and Bill Dalton signed an agreement to keep the discussions confidential.