Hess, Dan
DA concludes old guard did violate Brown Act...again; District spokeswoman Beverly De Nicola’s spin about the “perception” of a Brown Act violation was wrong
Feb 28, 2008
Dan Hess, Letter to South OC Elected
Officials "It appears that the
CUSD Trustees who voted for these additional
projects did violate the Brown Act by failing to
adequately describe – on the agenda – items to be
discussed in open session…since each project had
been planned and discussed separately, and since
all of the projects are controversial, each one
should have been individually noticed on the
agenda."
The DA's conclusion shows that CUSD attorney Ron Wenkart's "analysis" was wrong again, as alleged by reform advocates. Wenkart presented the sleazy, flawed analysis and De Nicola announced it as cover for the Fleming-era trustees who had been warned about the the violation before their Dec 10 vote. Without Wenkart's "opinion" to coverup their intent to violate the law and their October 2007 agreement with DA, Trustees Benecke, Draper, Darnold and Stiff could (and should) have been prosecuted as criminals. Hess is Senior Deputy District Attorney for the Special Prosecution Unit of the Office of the Orange County District Attorney.
The DA's conclusion shows that CUSD attorney Ron Wenkart's "analysis" was wrong again, as alleged by reform advocates. Wenkart presented the sleazy, flawed analysis and De Nicola announced it as cover for the Fleming-era trustees who had been warned about the the violation before their Dec 10 vote. Without Wenkart's "opinion" to coverup their intent to violate the law and their October 2007 agreement with DA, Trustees Benecke, Draper, Darnold and Stiff could (and should) have been prosecuted as criminals. Hess is Senior Deputy District Attorney for the Special Prosecution Unit of the Office of the Orange County District Attorney.