Chula Vista resident Chris Shilling had one of his demands met by the city of Chula Vista after a team of lawyers representing him issued an ultimatum. Now he is patiently waiting for a response as to whether his second demand will be met.
Attorneys Cory Briggs and Livia Borak of Coast Law Group LLP sent a letter on behalf of Shilling asking the city to release a list of each council member’s nominees for appointment to the City Council; and to fix and cure the appointment process from alleged Brown Act violations for holding private meetings during the process.
The letter states that if the city doesn’t adhere to both demands, then the city might be sued.
Shilling’s atorneys are asking that the city of Chula Vista : (1) formally and explicitly withdraw the prior votes made; (2) properly agendize an open meeting for the selection of candidates for an interview process; (3) provide an opportunity for public comment by members of the public at the aforementioned meeting; (4) provide for the open and public vote by the council and mayor for candidates to continue onto the interview process.
Chula Vista City Attorney Glen Googins said the city hasn’t responded to the second demand yet, and is considering all of their options.
Councilwoman Pat Aguilar said she doesn’t know if the appointment process violates the Brown Act.
“We’ve been doing this process since I’ve been on the City Council,” she said.
Aguilar also notes how the appointment process is the same one that the city’s Planning Commission uses.
Briggs said the alleged Brown Act violations invalidate the appointment and need to be corrected by possibly holding a special election or going through the application and appointment process again.
“We’re not saying how they go about doing it. We’re just saying that whatever they do they have to rescind the current appointment and then … replace it lawfully. How they do that is up to them.”
Briggs said if the city doesn’t fix the process he will move forward with a lawsuit.
“In January Shilling had asked the city to release each council member’s nominees for appointment, but was denied by the city because of what they cited as the deliberative process exemption in the Public Records Act.
The letter contends that the city cited the deliberative process incorrectly.
“…the city relied on various exemptions to the Public Records Act to withhold the requested documents. The city’s reliance on such exemptions is misplaced, and this letter constitutes Mr. Shilling’s renewed request for the aforementioned lists.”
The City Council met in closed session recently and decided to release the nominations.
Shilling said he was relieved that the city met the first demand but says that the nominations were done in secret, which is a Brown Act violation.
Although the city released the list, City Attorney Glen Googins said they stand by their decision to not release the names at the time.
“We did provide the information that was asked,” Googins said. “But we still think the deliberative process applies.”
The list reveals that Mayor Mary Casillas Salas nominated four candidates, councilwomen Pat Aguilar and Pamela Bensoussan each nominated seven candidates.
Councilman John McCann nominated 20 candidates.
