McCammack declines to pursue Brown Act investigation

Seventh Ward Councilwoman Wendy McCammack said today that she will not seek a District Attorney's investigation into whether other city officials violated the state's open meetings law.

"I think at this point, my conclusion, based on the evidence that I'm aware of, is not something the D.A. would file on," she said, adding that at least her allegations of improper behavior served as a notice of the importance of following California's mandatory processes for handling public business.

McCammack first voiced her allegations at an Oct. 6 City Council meeting while the body considered a proposal put forth by 3rd Ward Councilman Tobin Brinker that would have allowed the council to elect one of their own to a leadership position that's currently held by the body's most-senior official. At present, 1st Ward Councilwoman Esther Estrada fills that role.

The council approved Brinker's proposal at its Oct. 20 meeting. The council is now on pace to elect one its own as Mayor Pro Tem in March. Whoever is named to that post will have authority to appoint council members to various city committees.

During that meeting, McCammack alleged that the Brown Act's requirements had been somehow skirted to generate a consensus among council members prior to public discussion. Such action would violate law that prohibits local officials from meeting secretly in a group or holding a series of private talks that would render public meetings as nothing more than a formality.

Later on, McCammack accused Brinker and Mayor Pat Morris of failing to obey the Brown Act. Brinker and the Mayor's Office responded by saying McCammack's accusations were groundless.

Shortly after McCammack first alleged a Brown Act violation, City Attorney James F. Penman counseled that City Hall would be better served by a training session on Brown Act compliance than asking for an investigation.

McCammack said today that she wants such training to be held.