Response from Elk Grove City Council*

and Recommendation 1. Comment: The City Council disagrees. No one was prohibited at that subject meeting or at any other time from levying public criticism of the City or the City Council. If anything, the Council's meetings have been extremely open to comment and free debate. An expression of disagreement about process is a part of healthy democratic debate. At the time the remarks were made, no member of the public was before the Council and no individual nor entity's name was used though the context of the discussion was about community grants to the Historical Society among others. The Grand Jury findings and recommendations concern matters dating to April of 2005, some fourteen months earlier. The matter is stale at best merely assuming anything should or could be done by the Council at this point in time. The City Code of Ethics recommended by Citizens of Elk Grove was subsequently adopted and has assisted in framing subsequent debates. There are several constitutional limits on the City Council's authority to censure members of the City Council that are not reflected in the Grand Jury's

and Recommendation 2. Comment: The City Council disagrees... See Comment to Recommendation 1. In addition, the Mayor and at least one other council member clearly distinguished the rights, obligations, positions and statements of individuals from that of various organizations with which they might be associated. That admonition was acknowledged when all the grants were adopted save one which was deferred to a later meeting for other reasons. The recommendation will be not be implemented because it is not warranted and because it violates the First Amendment and the Doctrine of Legislative Immunity.

and Recommendation 3. Comment: The City Council disagrees. See Comment to Recommendation 1. Additionally, The Code of Ethics was carefully considered and recommended by the citizens of Elk Grove and adopted subsequent to the events discussed. The Code is working. Further, the