lagunabeachindy . com FEBRUARY 3 , 2023 11
GUEST OPINION :
Replace City Attorney Phil Kohn
well be litigation . If this is the standard , it would seem in this litigious society to justify the discussion of any matter at a City Council closed session so agendized .
That was a year or a year and a half ago . What City Attorney Kohn has done recently is more egregious .
He has written a private citizen warning that his efforts to communicate with City Council members might be a violation of the Brown Act . Mr . Kohn wrote
“ I would like to point out the potential such communiques as you sent have created for [ sic ] a violation of the Brown Act ”. Adding that “ Your recent messages to members of the City Council carry the danger of resulting in a serial meeting when the “ reply all ” button is employed . This is another reason why it would be appreciated if future messages can be send [ sic ] to staff , who , … will include such communications in staff reports to decision-making bodies .”
This is outrageous , and clear evidence that Mr . Kohn should not be the one the City relies upon to comply with the Brown Act . The City website under City Council prominently has a link reading “ CONTACT US , Email all five members of the Laguna Beach City Council ”; perhaps , Mr . Kohn is unaware of this and our desire to encourage citizen input .
Gene is treasurer of Laguna Residents First PAC .
By ???? FelDer
On Sept . 21 , 2021 , the Orange County District Attorney ’ s Office wrote that they conducted a review of the City Council ’ s Jun . 29 , 2021 closed session regarding Hotel Laguna .
“ Based on this review , there is substantial evidence that the City Council Members violated the Brown Act with respect to the public notice of the closed session and / or the scope of the matters considered during the meeting .” The letter emphasized that “ any violation of the Brown Act is extremely concerning , as it undermines not only transparency in government , but faith in the legislative process . Recognizing the importance of public access to government proceedings , the Brown Act allows closed sessions only in specific limited circumstances and requires particularized advance notice .”
Recently , I listened to the Aug . 24 , 2021 City Council meeting . In it , City Attorney Phil Kohn maintained that his opinion continued to be that the Council ’ s Jun . 29 closed session was convened and conducted in compliance with the Brown Act . However , he went on to say that Rutan and Tucker had a somewhat different opinion . That is , regarding rehearing the matter in an open public meeting to cure or correct the Brown Act violation , Mr . Kohn said “ it is the recommendation of our office that you seriously consider doing so .” And so , the Council did just that .
The Brown Act is a law requiring transparency . Most City business is required to occur at meetings . Decisions are made on the basis of evidence and testimony that is presented at such meetings , which are open to the public and involve decision-makers who must be impartial and unbiased and have not prejudged or made a precommitment to the issues . The City Attorney has failed the City of Laguna Beach and the City Council in guiding in complying with the Brown Act . For this , he should be replaced .
Also , at the Aug . 24 , 2021 City Council meeting , Mr . Kohn maintained the closed session was justified agendized as “ Anticipated Litigation ” due to a Village Laguna letter claiming the City had violated the Brown Act , and the next step Mr . Kohn imagined might
Jhaelin McQuay . Photo by Hiromi Platt . Morgan Clune and Matt Wenckowski . Photo by Danica Paulos .
An Extraordinary Weekend of Ballet and Contemporary Dance .
Join the Laguna Dance Festival as we welcome the Cincinnati Ballet and Hubbard Street Dance Chicago .
February 23 – 26 , 2023 , Laguna Playhouse .
Tickets available at : lagunadancefestival . org