Press-Enterprise, Riverside

10/7/03

Brown Act alerts hit 3

HIGHLAND: They were heard discussing agenda items in public, the D.A.'s office reports.

By Elena Arnold

Allegations of Brown Act violations against three members of the Highland City Council resulted in the San Bernardino County District Attorney's Office sending them letters telling them to cease and desist.

"The evidence in the complaints did indicate that the Brown Act was violated," said Frank J. Vanella, deputy district attorney in the public integrity unit. "This is cautioning them that if they continue, then we'll have to take further action."

The letters resulted from two separate complaints about violations of the state's open meetings law that were sent to the DA's office last month. The letters were sent by the San Bernardino/Highland chapter of the Mexican American Political Association and the Stop Political Corruption in Highland political action committee. Stop Political Corruption is leading an effort to recall the three councilmen.

One complaint said the three men had met in a public place and were overheard discussing pending Highland City Council agenda items. The other was based on comments made by Mayor Ray Rucker at a Sept. 9 council meeting in which he said he had talked to other council members about an item.

Rucker said his accusers do not understand the law.

"I have not violated the Brown Act," he said. "You can discuss things, but I cannot arrive at a conclusion or a decision."

The law actually prohibits discussion, deliberation or decision-making outside the public purview, said Kent Pollock, executive director of the California First Amendment Coalition.

After reviewing the information in the complaints, Vanella's office hand-delivered letters to Rucker, Mayor Pro Tem Brad Sundquist and Councilman Steve Graves, telling them to comply with the Brown Act in the future.

"It's kind of like a warning," Rucker said.

Vanella said the investigation is over unless further complaints are filed with the DA.

Local residents began to take a closer look at the actions of the council members in February, said Ross Jones, spokesman for Stop Political Corruption in Highland.

An unnamed resident hired a private investigator to follow the three and gather information, Jones said. After about three months, the private investigator turned over the information to his employer and the district attorney's office, Jones said.

In May, Jones and others formed Stop Political Corruption in Highland, served the three men with a notice of recall and began to collect signatures on recall petitions. The election is set for Jan. 13.

"We couldn't allow this to go on any longer," Jones said.