Hess, Dann
District spokeswoman Beverly DeNicola’s spin about the “perception” of a Brown Act violation was wrong; DA concludes old guard did violate Brown Act...again
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 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 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.
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