The city of National City last week settled a Brown Act lawsuit filed by an open government group.
City officials came out of closed session June 6 to announce the council will hold a special meeting June 19 to once again take up an item about possibly giving National City Welcoming City status, a gesture that would prevent city employees, including police, from inquiring about immigration status while at the same time guaranteeing city services to all residents.
Chula Vista resident Chris Shilling and the open government advocacy group San Diegans for Open Government filed a lawsuit against the city on May 8, alleging that Mayor Ron Morrison and Council members Albert Mendivil and Jerry Cano, violated the state’s open meetings law when they voted and supported the mayor’s substitute resolution for a Welcoming City.
The council never voted on a Welcoming City item because Morrison had introduced his own resolution, that was not publicly viewed by staff and members of the public.
In a 3-2 vote the city council voted Feb. 7 in favor of Morrison’s substitute resolution that did not make National City a Welcoming City but rather “a community in support of continuing to be a community that supports all residents and visitors.”
The lawsuit argued that the vote on the substitute resolution was illegal because it did not follow the Ralph M. Brown Act.
“The mayor’s last-minute introduction of the substitute resolution, as well as the rushed vote thereon without an opportunity for public comment, strongly suggest a majority of the council deliberated upon and discussed the matter outside of the public meeting,” legal documents stated. “It also appears a majority of the council made a collective commitment to approve the substitute resolution outside of the public meeting.”
As part of settling the legal matter, the city council and mayor withdraw their prior votes that approved the substitute motion, agendize an open meeting for the consideration of a resolution to create a Welcoming Community, provide any proposed alternate or substitute resolutions with the agenda materials, provide an opportunity for public comment by members of the public at the aforementioned meeting, and provide for the open and public vote by the council and mayor.
Additionally, Shilling submitted a separate notice of intent to sue and demand for disclosure of public records. The public records request was made to substantiate the alleged Brown Act violations.
