Marinwood fails to distribute Employee Handbook to the Public as required by Law

Bill Shea suggests that the Marinwood CSD does not have to provide the Employee Handbook at the Marinwood CSD meeting "because we have been discussing this for years".   The public complained that it was not included with the meeting agenda.

The Marinwood CSD is in violation of public records disclosure and open meeting laws.

Marinwood CSD censors public response to Hansell’s Attack

Marinwood CSD President, Leah Green squelches John Boro after Bill Hansell, Marinwood CSD Architect mercilessly attacks the public for presenting a petition of 200 members of the public for six and a half minutes.  Once again Leah Green violates the Brown Act and the civil rights of the citizens.  

Marinwood CSD Brown Act Violations and Tepid Defense

Residents complain about the secret presentation of the Maintenance Facility at the Park and Recreation meeting in April 2018.  There was no announcement to the general public and only a handful of neighbors were encouraged to attend.  The Maintenance Shed proposal was approved out of view of the publi. Oddly, all of the CSD board members seem very bored and ask few questions.   Eric Dreikosen defends hiding the agenda with the vague language of "update" vs an hour long presentation of the architects plans with details.  It is a clear violation of the Brown Act but no one on the board or staff seems to care. 

Marin County District Attorney on Public Integrity Matters

Public Integrity & the Brown Act

District Attorney

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Public Integrity Matters and The Ralph M. Brown Act

The Marin District Attorney is committed to assuring honest and open government. All written reports of governmental corruption are carefully reviewed for evidence of wrongdoing which would warrant action. Depending upon the nature and extent of the claimed misconduct the District Attorney may refer the matter to the Fair Political Practices Commission, an appropriate police agency or conduct its own investigation.

The District Attorney is not empowered to question the decisions of other governmental entities. Issues of taxes, spending, personnel, and planning and zoning are not matters that can be addressed by this office. Governmental officials are elected and/or appointed to make such decisions and may do so provided their proceedings are conducted in an honest, open and public manner as required by law.

The Ralph M. Brown Act

Generally, California's "Open Meeting Law" (commonly called the Brown Act) requires that public business be conducted in public. The act contains a number of provisions designed to further this important goal. The act requires local governmental bodies to give notice of their meetings, describe the business they intend to transact in advance of taking action, receive citizen input and, with limited exceptions, publicly reach a decision.

Some violations of the Brown Act may constitute misdemeanor crimes but the act provides less serious remedies for most errors and infractions.

Other Public Integrity Issues

The District Attorney also has responsibility for the enforcement of various laws regulating and safeguarding the political and governmental process. These include: Campaign financing disclosure; conflict of interest; corruption; voter registration fraud; and, election fraud.

Complaints

Complaints should be in writing and signed by the reporting party. The District Attorney will maintain the anonymity of the reporting person(s) unless disclosure is required by a court of law.

Complaints should be sent to:

Marin County District Attorney
3501 Civic Center Drive, Room 145
San Rafael, California 94903
Attention: Inspector Michael McBride

Heminger reacts to Brown Act violations of CASA ( MTC)

Executive Director of MTC, Steve Heminger reacts to Brown Act violations alleged by the public for a meeting of CASA( A group of political insiders who will determine housing policy).  He breaks into a slight grin, signals associate with his eyes that they are being video taped and looks away.  I don't know what Mr. Heminger is thinking but that grin looks very similar to a five year old with his hands in the cookie jar.  Notice that his associate turns around to look at the camera.

Marinwood Csd is abusing the ad hoc committee exception and Brown Act requirements (my letter to the Marinwood CSD)

Dear Mr. Dreikosen and the Members of the Marinwood CSD:           June 15, 2017

1.) There is much case law about the abuse of ad hoc committee process by local governments pushing the definition of "ad hoc" committee.  Government is a public process and discussions need to take place in the open. When the question of ad hoc committees came up in 2015, we were promised regular written reporting. The pension comittee did fullfill its promise. On Tuesday, it did not.  

On June 13, 2017, after a verbal report on the employee handbook by Izabela Perry, I asked for written reports for the record.  This request was rudely rebuffed.  Not only was it insulting, it was likely in violation of the Brown Act and undermines trust in the ad hoc process. 

http://empowerla.org/wp-content/uploads/2012/04/Brown-Act-Standing-and-Ad-Hoc-Committee.pdf

2.) Repeated closed sessions without reporting is also in violation of the Brown act. The subjects of the closed door meetings need to be discussed even while specific conversation can be privileged.  Once again it violates the public trust to fail to provide disclosure.  I am confident that a competent legal council will advise you how to report properly.

https://firstamendmentcoalition.org/open-meetings-3/facs-brown-act-primer/brown-act-primer-closed-sessions/

It is disturbing that the CSD council holds itself beyond reproach or accountability requirements.  Following the law is easy. Repeated Brown Act violations puts the credibility of the council at risk and could reverse decisions made while in violation.

I have meetings on tape and I believe violations can be easily proven.  It would be preferable if we simply acknowledge the errors and correct them.

I look forward to acknowledgement of your responsibilities under the Brown Act and a promise to correct past violations with full disclosure.

Government Transparency in Marin

Marin Coalition Presents: Wednesday January 11, 2017

“The New Transparency: What Residents Should Demand of Local Government"

Speaker: Linda Pfeifer, former Sausalito City Councilmember

When Sausalito Councilmember Linda Pfeifer was first elected to the Sausalito City Council in 2008, she discovered that many residents were not aware of the policies that impacted them. Having just completed her second term and retired from her seat on the City Council of Sausalito in December 2016, she is now advocating a “New Transparency” mindset, describing actions that can be taken by residents to enhance open government in their own communities. Linda will share her perspective on 8 years in local government and share her insights into what steps officials and constituents can take to help create more responsive and accountable local administration. Join us to listen and ask questions as to what you can do in your community to raise public awareness and successfully make an impact with your local government regarding the many critical issues we all face.

Marinwood CSD "Censorship by Procedure" May 10, 2016

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May 10, 2016 Marinwood CSD Directors Jeff Naylor and Justin Kai justify their new speech policy that forces the public to speak on agenda items BEFORE they are discussed.  Since the Marinwood CSD does not produce detailed reports in the board packet the public has no way of knowing what is to be discussed. Items in the agenda are usually vague descriptions meant to obscure the topic of discussion.  For example, in January 2015, a new dog leash law was described as "changes in park policies."  

The new Marinwood CSD board members are hostile to public participation in "their" meetings and have found ways to censor the public through procedure.  We are not fooled.

Bob Silvestri addresses Marin Board of Supervisors on the Brown Act.

Rosenbergs Rules and the Brown Act, Marinwood CSD (and the Ukrainian Parliament).

Rosenberg's Rules of Order from Institute for Local Government on Vimeo.


Karma is a good value as is courtesy and the golden rule but cannot be used as an enforcement tool in government.

Rosenbergs (and Roberts Rules) are a formalized set of rules meant to assist groups in conducting business to "play nice".

Politics by its very nature can be contentious. Rivals often serve on the same boards. Personalities and political objectives can clash. It is therefore necessary to have a set of "ground rules" to ensure everyone will play fair. It doesnt always work but it is the best way to keep things civilized. (The alternative being, the third world parliaments where brawls and violence are a regular occurrence. See video below).

You can find the rules here:

https://www.cacities.org/Resources/Open-...


The Brown Act is a LAW also known as the "sunshine act" to force government to be accountable to the citizens. It is LAW and not optional. It was created because governments WILL act in secret to avoid public scrutiny if possible. Democracy gets in its way.

http://www.thefirstamendment.org/Brown-A...

Restoring civility with Rosenberg's Rules and getting the Marinwood CSD to abide by the Brown Act Law is an imperative. We have many challenges ahead.

I agree that it is good Karma and common courtesy to "play nice". We need the tools of Rosenbergs and the Brown Act to "play fair" and within the bounds of the law.



Much worse than the Marinwood CSD!