Saturday, August 08, 2009

Prosecutors decide that possible Brown Act violation should not be prosecuted

In San Diego we have a case similar to this Lake County case. Attorney Leslie Devaney, who is representing seven administrators who were fired by Tri-City Healthcare, reported to District Attorney Bonnie Dumanis that that the four board members she is suing are guilty of a criminal Brown Act violation. If Bonnie Dumanis continues her usual tactics, it will be a very long time before the charges are dropped. This will, of course, work to the advantage of Leslie Devaney's clients.

Clear Lake: Rare prosecution for Brown Act violation dropped
Lake County News
August 6, 2009
By Elizabeth Larson

Saying that the remedies were civil, the Lake County district attorney dropped a misdemeanor charge of violating the Brown Act brought when a Clearlake City Council member allegedly violated the confidentiality of a closed session by discussing an evaluation of the city administrator. -DB

CLEARLAKE – The Lake County District Attorney’s Office is dropping a misdemeanor charge of violating the Brown Act against a Clearlake City Council member.

Councilman Roy Simons, 83, was arraigned on the single misdemeanor charge on July 20, and was set to return to court at 8:30 a.m. Aug. 17 before Judge Stephen Hedstrom in Lake County Superior Court’s Southlake Division.

But on Thursday Chief Deputy District Attorney Richard Hinchcliff sent a motion to the south county court seeking to have the charge against Simons dropped.

Deputy District Attorney Trang Vo had filed the case against Simons, but Hinchcliff determined that the remedies were largely civil and that the case shouldn’t proceed...

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