9-23-05
Presiding Officer and Members of Acton-Agua Dulce School
District Board Acton-Agua Dulce Unified School District
CC Dr. Wagner, Superintendent of Schools PO Box 68 Acton, CA 93510 Via Fax
661 269-0849 CC: E-mail to board
This letter is to call your attention to what I believe was a substantial violation of a central provision of the Ralph M. Brown Act, one which may jeopardize the finality of the any action taken by the Board at your improperly noticed special meeting set for today at 7pm.
The nature of the violation is as the editor of an adjudicated newspaper I have made annual written requests for notices of all meeting. I received no formal notice of the tonight's special meeting within the 24-hour period, as the Brown Act requires.
54956. A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. A notice was posted on the fence outside the district office and on your website within the 24-hour period, showing the meeting location to be the Meadowlark School.
Some time after the 24-hour notice period ended, the meeting location was changed to High Desert School. I received informal notice from another community member who received an E-mail from a board member about 9 pm.
As both notices were not in compliance with the Brown Act, there was no adequate notice for the meeting and there can no finding of fact or other action made by the Board.
This also created a legal remedy for actions taken illegally, namely the judicial invalidation of any actions upon proper findings of fact.
Pursuant to that provision (Government Code Section 54960.1), I demand that the School Board cure and correct the illegally taken action as follows:
1. Undo any action made at the 9-23-05 meeting.
2. Properly notice a meeting for new agenda items, as the Board deems necessary.
3. Follow the notice requirement of section 54956 for all future meetings.
As provided by Section 54960.1, you have 30 days from the receipt of this demand to either cure or correct the challenged action or inform me of your decision not to do so. If you fail to cure or correct as demanded, such inaction may leave me no recourse but to seek a judicial invalidation of the challenged action pursuant to Section 54960.1, in which case I would seek the award of court costs and reasonable attorney fees pursuant to Section 54960.5.
Charles Brink