Inquiry Into the Formation of an Investigative Subcommittee at a Sunnyvale City Council Meeting

Conclusions 1

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  Examination of the Code did not uphold the mayor’s assertion that it gave the mayor the authority for the formation of a subcommittee without a prior investigation by the city manager and/or the city attorney. It is also the opinion of the Sunnyvale City Attorney that the mayor’s interpretation and reliance upon this section for the purpose of unilaterally forming an ad hoc subcommittee was not valid. Examination of the Charter Section 807 is not relevant in that it deals mainly with Council member interactions “with officers and employees in the administrative service under the jurisdiction of the City Manager” and not Council members. Although some exceptions are listed, none apply in this case. The formation of the ad hoc subcommittee was brought forth during the Citizens to be Heard category and as such was not on the public agenda. Since proper notice was not given to the public for the meeting that night, it would appear to be a violation of the Brown Act, Section 54954.2, that is, “No action or discussion shall be undertaken on any item not appearing on the posted agenda….” The Sunnyvale City Council may have been technically in violation of the Brown Act by allowing an action, specifically the formation of an ad hoc subcommittee, to take place during the October 7, 2003 Council meeting without the action being placed on the meeting’s agenda and properly publicized to the general public. However, the Grand Jury finds that the spirit of 2 the act was not violated by its actions, particularly since the investigative subcommittee meetings were open to the public. Finding I The mayor was not authorized under the Charter or Code to unilaterally form an ad hoc investigative committee during the council meeting of October 7, 2003, without first requiring an investigation by the city manager and/or the city attorney. Recommendation I None Finding II The City Charter does not explicitly bar the city attorney from offering unsolicited legal advice, either verbally or in writing, on matters before the Council. Recommendation II A. The Council should consult the city attorney on the validity of procedural matters. B. The Charter should be interpreted such that the city attorney should be outspoken in giving advice on the validity of procedural matters. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 16th day of April 2004. ________________________________ Richard H. Woodward Foreperson 3 References Documents Charter of the City of Sunnyvale, as amended November 30, 1995. City of Sunnyvale Code of Conduct for Elected Officials. Ralph M. Brown Act, Govt. Code Section 54950, et seq. (Open Meeting Law) Report to Mayor and Council No. 0304 CA dated November 11, 2003. Video and written transcript of the October 7, 2003 Council meeting. Interviews Meeting with Sunnyvale City Attorney on January 27, 2004 Meeting with a Sunnyvale Council Member on March 24, 2004 4

No Responses Found 1

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