A Solvang City Council action to terminate contracts with business and tourism organizations may have violated a state law designed to ensure that most government business occurs in public and not behind closed doors.
In the closed session, before the public portion of the July 8 meeting, the City Council voted to end contracts with the Solvang Chamber of Commerce and the Solvang Conference & Visitors Bureau.
Council members also pulled two agenda items set for the July 8 meeting involving presentations by both groups.
The Ralph M. Brown (Open Meetings) Act requires that city councils and other government bodies conduct business in public, with limited exceptions for topics that can be talked about behind closed doors.
The Solvang agenda claimed that the session occurred because of “threatened litigation,” but questions have been raised about whether the council’s action was legal. The Santa Ynez Valley Star alleged a “substantial violation” of the state law.
“The action was taken in a closed session, and making a decision about contracts is not a proper item for a closed session,” Star Publisher Raiza Giorgi wrote in a letter.
The letter demands that the council hold a properly noticed open session to discuss the contracts and provide the public with access to the relevant information, deliberative process and ability to comment.
Santa Barbara attorney Michael Cooney, who regularly has advised local news media, agreed that the action appeared to violate the Brown Act, which states that only potential litigation can be discussed in closed session.
“Clearly, they have blurred the lines between threatened litigation and routine council business,” Cooney told Noozhawk.
Interim City Attorney Chip Wullbrandt maintains that the council acted legally.
“There has been no Brown Act violation,” Wullbrandt said. “We expect a follow-up public meeting discussion when we have updated draft contracts for the council to consider. This is intentionally a legal and businesslike approach to what has unfortunately been instead an emotion charged issue.”
The action is especially concerning since at least one council member has made comments critical of the Brown Act and its requirements.
However, in a publication about the Brown Act, including a chapter titled “It Is the People’s Business,” the League of California Cities warns government agencies against businesslike approach, since discussion and action should occur in public.
“Government behind closed doors may well be efficient and businesslike, but it may be perceived as unresponsive and untrustworthy,” the League of California Cities wrote in the Brown Act guide.
The Brown Act allows exemptions for closed sessions but urges government entities to interpret the rule liberally in favor of open meetings.
“It is not enough that a subject is sensitive, embarrassing or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public,” the League of California Cities guide states.
Wullbrandt said the council authorized him to provide formal notice of terminations of the old contracts and provide direction to negotiate new interim contracts that include “at least two best practices previously missing — that the agencies won’t use city funds for political campaign purposes and won’t sue the city.”
Updated budgets, scopes of services and identification of deliverables also are needed, Wullbrant said.
“In my opinion, those old contracts were not done with the contemplation that a future council might do anything other than simply approve requests as made, though of course the prior council could not actually legally bind its successors,” Wullbrandt said.
During a June meeting, the Solvang council allotted $600,000 instead of $880,000 for the tourism group, and $150,000 instead of $300,000 to the Chamber of Commerce.
The length of the interim contracts was not spelled out, nor did he say why the city is looking at temporary deals, which are expected to be taken to the council later this month.
Wullbrandt said he was working with the Visitors Bureau to get an updated contract for the group’s board to be voted on as soon as Wednesday. Additionally, he plans to meet with Chamber of Commerce representatives this week.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.