The following is the text of an e-mail I sent to the Town of Atherton.
Due to the apparent lack of attention to detail on the part of the Atherton City Attorney, (who's law firm is about to close its doors) the Town of Atherton is about to commit another violation of the Brown Act.
In my view this apparent lack of attention to detail is yet another indication that it's time to shop around for a new city attorney.
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Dear Ms. Furth:
I am writing to you to notify the Town of Atherton that its agenda for the closed session meeting on July 21, 2010 at 5:30 p.m. would lead to a violation of the Brown Act if the meeting proceeded to take place without correction. Therefore, I am demanding that this correction be made well in advance of the meeting taking place.
Specifically, item B on that agenda, dealing with the Buckheit litigation, incorrectly states the caption of the lawsuit. As you well know, the lawsuit has been wisely modified by Mr. Buckheit to bring claims against Jerry Carlson for his illegal retaliation against Mr. Buckheit during his application to be on the Finance Committee. In conspiring with Elizabeth Lewis to reject the most qualified applicant the town has ever had to be on the Finance Committee without even asking him a single interview question, and then being stupid and arrogant enough to tell others why he did so (Mr. Buckheit's existing litigation), Mr. Carlson has put the town in legal jeopardy and subject to additional legal expenditures. The public has a right to know this.
The public is entitled to comment on all aspects of the litigation (including Mr. Carlson's participation in it, and whether Atherton will provide legal counsel for him) at this meeting. By attempting to obscure Mr. Carlson's participation in this lawsuit, you are preventing public commentary on these issues before the meeting as required by law.
I do understand why you want to protect Jerry Carlson, especially during the next few weeks as he formally files for election for city council in the November election. Obviously, after currying favor with Lewis and Marsala by exonerating them, you need that third vote (Carlson) to ensure you continue to provide legal services to Atherton after your law firm dissolves.
However, this is no excuse to violate the Brown Act for the umpteenth time. Mr. Carlson just admitted he did so with the High Speed Rail last week. The Brown Act was passed to ensure our government does not operate in the shadows. I (and my family) have first-hand experience of the carnage that can ensue when the Brown Act is not respected.
The agenda must also be corrected to list Anthony Kockler as a defendant in this litigation.
Please correct this agenda on Monday and republish it. I await your written confirmation this will be accomplished. As an additional note, I do not know why your agenda lists the Buckheit case as "potential case". It's an active lawsuit in the federal courthouse.
Please reply to this e-mail with a corrected copy of said agenda.
Sincerely yours,
