Lawsuit Against Board of Supervisors Put On Hold

June 30, 2010
 
Tulare County Superior Court Judge Melinda M. Reed today put on hold a lawsuit filed by Richard P. McKee alleging the Tulare County Board of Supervisors violated the Brown Act - California's Open-Meeting law - when eating meals together in numbers constituting a majority.
 
Richard P. McKee filed the lawsuit in March 2010. The Visalia Times-Delta/Tulare Advance Register and the California Newspaper Publishers Association later joined as plaintiffs. The Board of Supervisors maintain that they did not violate the opening meeting law by attending lunch together because discussions had during meetings were not within the scope of the Brown Act.
 
Excerpts from the court's ruling state:
 
"On the merits, the court next determines the petition fails to allege sufficient facts to state a cause of action because the present allegations stated, as a matter of law, fail to show a violation of the Brown Act."
 
and
 
"Plainly these topics as presently stated [in the petition] involve individual supervisorial activities and are not items of importance concerning collective decision making related to the public's business.  Petitioners fail to allege facts showing that any type of policy making discussions affecting the general public or having to do with the county's governmental interest have taken place."  
 
A copy of the ruling can be provided upon request.
 
The Court has given the petitioners 20 days to amend their petition. If the petition is not amended, the Board of Supervisors can ask the Court to dismiss the lawsuit.
 
Board of Supervisors Chairman Steve Worthley issued the following statement regarding the ruling:
 
"The members of the Board are in agreement with the Court's action. The Board has and will continue to represent the County of Tulare lawfully by conducting the business of the County in conformance with the Brown Act."