The Dana Point City Council attempted to avoid a Brown Act lawsuit last night by taking formal action to nullify a "resolution" signed by a majority of the Council during a recess of the September 4, 2007 Council meeting, that opposes the Harkey recall effort. The action by the Council last night stated that "if" Councilmembers Lisa Bartlett, Steven Weinberg, Joel Bishop, and Harkey herself, violated the Brown Act by signing a "resolution" opposing the recall, that the "resolution" nevertheless as an action of the City Council is declared null and void.
Earlier, Brown Act expert Terry Francke, General Counsel of the Sacramento-based Californians Aware, had stated his view that the collective signing of the resolution by the Harkey supporters on the Council was "likely" a Brown Act violation and at a minimum should be a source of "severe criticism" of the Dana Point City Council majority. Republican Councilmember Lara Anderson did not sign the resolution complained of.
Recall Proponent Robert Traphagen said, "I'm glad the Council retracted their ill-considered attempt to support Harkey through this deceptive 'back door' resolution. But until Harkey is recalled, I fear we'll just get more of the same shenanigans in Dana Point."
