By Tony Saavedra
The Orange County Register
November 8, 2011
Excerpts (see news article cited directly above):
- The sanitation district board on Sept. 28 approved pay raises for 17 managers and 18 “confidential” workers during a closed-door session.
- The vote was in violation of the state open meeting law — the Brown Act — because the workers are not represented by any bargaining group.
- The Sanitation District will rescind its vote Nov. 16 and retake it during a public session.
- Under California Government Code Section 54959, violation of the Brown Act is a misdemeanor (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=gov&codebody=&hits=20).
- It is a well-known principle of law that the violation of a law cannot be "undone" after the law has been violated. Any subsequent remedial or remorseful words or acts are irrelevant regarding whether the law has been violated.
- For example, a person cannot avoid prosecution for theft by returning the stolen item.
- Accordingly, the subsequent rescission of a vote that violated the Brown Act does not undo the violation of the Brown Act.