Chris Shilling, chairman of the Chula Vista Board of Ethics, filed a notice of intent to file suit and demand for cure based on Public Records Act and Brown Act violations against the city of Chula Vista.
Shilling and San Diegans for Open Government, a nonprofit public interest organization, are demanding the city of Chula Vista cure and correct the appointment process that saw the appointment of Republic Services division manager Steven Miesen.
The letter demands the city cure and correct the appointment process and “formally and explicitly withdraw the prior votes made; properly agendize an open meeting for the selection of candidates for an interview process; provide an opportunity for public comment by members of the public at the aforementioned meeting and provide for the open and public vote by council and mayor for candidates to continue onto the interview process.”
“Notice of the meeting, a brief description of the action proposed to be taken, and the availability of public comment must be included in a posted agenda,” the letter states.
Livia Borak, attorney for Coast Law Group LLP, said the council can either redo the appointment process or revert back to the nomination process.
“The demand is the initial process, which they submitted their votes,” she said.
Borak said the process was “illegal” as it violated the Brown Act.
The letter also asks that the mayor and each member of the City Council reveal who they nominated and whether those nominees got an interview or not.
Shilling submitted a public records request as a private citizen asking for the list of nominees, but that was denied.
City Attorney Glen Googins has previously cited the deliberative process exemption of the Public Records Act for not disclosing the nominees. However, Googins said that if a council member wanted to publicly say who they nominated, they are at liberty to do so.
Googins said his decision to not disclose the list of nominees remains consistent with an appointment in 2009.
Only Councilman John McCann publicly stated who he nominated.
Googins could not be reached for comment regarding the letter at press time.
Councilwoman Pamela Bensoussan said she didn’t know about the letter.
“I am unaware about this issue,” she said.
