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Thursday, November 10, 2011

"Sanitation District secretly votes on pay raises"
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 (
  • 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.

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