https://n2v.almanacnews.com/square/print/2010/08/26/council-election-and-conflicts-of-interest


Town Square

Council Election and Conflicts of Interest

Original post made by Jon Buckheit, Atherton: West Atherton, on Aug 26, 2010

Last Wednesday evening, I attended the Atherton council meeting. During public comments, I noted that Peter Carpenter had reported that council candidate Bill Widmer had committed NOT to accept any donations from groups doing business with the Town of Atherton (notably, unions and real estate developers) as part of his campaign. I asked council members Dobbie and Carlson, who are both running for election this year, to state their own positions on this issue in public.

I was immediately shot down by Wynne Furth, who said it would be a violation of the council rules for either one of them to respond or otherwise have a dialog with a member of the public during public comments. Both Messrs. Dobbie and Carlson refused to answer the question.

Notwithstanding this, Jerry Carlson went on to have such dialogs with members of the public in the public comments section of the next two agenda items.

Today I received a legal memo authored by Wynne Furth (that I have copied below in the first comment). It was forwarded to me with the express notation by Furth that it should be freely distributed. In it, Furth admits that it is not against the rules for council members to respond to the public, but (naturally) they can decide whether or not they want to.

However, the mission may have been accomplished. Both of these candidates, Dobbie and Carlson, successfully avoided answering this question, in public, at the council meeting.

Therefore, I will ask it again herein. I know both of them read these forums, and Mr. Dobbie has responded on these forums before. My question is: will you commit to not accepting campaign donations from groups doing business with the Town of Atherton (notably unions and real estate developers) as part of your campaigns for city council?

I encourage the Almanac to call both of these candidates and pose the question to them directly.

My opinion is that council members represent the residents of this community, period. Groups doing business with the Town donate money for the plain purpose of influencing the council members to act in an advantageous way to that business. I understand it is legal, and free speech. That doesn't make it right, and it doesn't mean that Atherton voters should not take that into consideration when making their voting selection. I do not believe any candidate who accepts donations from groups doing business with the Town deserves even one vote.

As an aside, it seems the Atherton council should change its own rules of procedure to make the consistent with the Brown Act. Arguably they currently violate the Brown Act by attempting to put restrictions on public comments that the Brown Act expressly permits.

Comments

Posted by Jon Buckheit
a resident of Atherton: West Atherton
on Aug 26, 2010 at 10:01 am

Text of Furth Memo:

DATE: August 20, 2010
TO: Theresa Della Santa, Atherton City Clerk
FROM: Wynne S. Furth, City Attorney
RE: Council Rules of Procedure on Questions Addressed to Individuals During Public Commnt

During last night's City Council meeting, a member of the public addressed a question to two individual members of the City Council during the public comment period. The public comment period is mandated by the Ralph M. Brown Act; it is a time for members of the public to address items not on the agenda. Because the public had not had advance notice of the subject, the Council could not discuss any issued raised or take action on it. However, council members are not barred by the Brown Act from making brief responses (Government Code sections 54954.2 and 54954.3).

Section 6.1(2) of the Council's own Rules of Procedure state that when the public addresses the Council during public comment (or any other time):

c. All remarks shall be directed to the Mayor and Council as a body and not to any particular member.

d. No person, other than members of the Council and the person having the floor, shall be permitted to enter into the discussion.

e. No question shall be asked of Councilmembers except through the Mayor.

The Town's Rules of Procedure must be read in the context of First Amendment rights. Members of the public who are either unaware of the Council's Rules or prefer not to follow them may include questions addressed to individual council members in their remarks. However, council members wishing to observe 6.1(2) have the right to encourage compliance with the rule and not respond to questions addressed directly to them. No member of staff may respond to a question during public comment period.

The advice I gave to the Council last night, that their own rules did not allow for responses to individual questions, should have been amplified by stating that the rules are in fact as set forth above.


Posted by Jon Buckheit
a resident of Atherton: West Atherton
on Aug 26, 2010 at 10:20 am

I received an e-mail pointing out the following correction: I did ask (and am now asking again) whether the candidates will refuse to accept monetary donations OR ENDORSEMENTS from any group doing business with the Town of Atherton.


Posted by News watcher
a resident of Atherton: other
on Aug 26, 2010 at 1:33 pm

A VERY important issue. Thank you for raising it and I hope all the candidates will have the courage and integrity to respond.


Posted by POGO
a resident of Woodside: other
on Aug 26, 2010 at 9:23 pm

Mr. Buckheit -

Just one more example of very poor legal advice from Ms. Furth and the memo was an transparent attempt to cover her posterior.

You would think that a Town Attorney with her experience would know how to deal with a question posed from the public during the public comment session. It occurs at every council meeting.

In this case, Ms. Furth was only trying to provide these two an excuse not to answer under the guise of a fictional legal requirement.