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Marin Superior Court issues its final ruling in favor of Community Venture Partners
Marin County Superior Court Judge, Roy O. Chernus, issued his final ruling in the case of Community Venture Partners vs. the County of Marin, on our Petition alleging that the Marin Board of Supervisors made a conscious decision to not place a public notice on its agenda, about a planned hearing on the Marin Housing Element, in the summer of 2014.
The Final Ruling is virtually identical to the tentative ruling issued on December 9, 2015. Once again, the Court's decision clearly and unequivocally ruled in favor of CVP and against the County of Marin. The ruling remains replete with citations of case law and relevant facts substantiating our cause of action and the truth of our allegations. In addition, unusually, it names Supervisors Arnold and Rice as principal actors in, as the Ruling states, the "decision not to post Director Crawford's report on the Draft Housing Element or the Board's discussion of that matter as an agenda item for this meeting [Emphasis added]."
This was not done in error or the result of an oversight, but as the Ruling makes clear, it was a conscious decision not to inform the public. As many of us who have been regularly involved in local government affairs know, this behavior was nothing new for the Marin Board of Supervisors. In fact, the Board of Supervisors use of the "Administrator's Report" as an excuse to hold hearing on topics not on the agenda, has been a regular occurrence.
The
Court stated that it “rejects the County’s suggestion that the statute was not
violated,” and that “the agenda rule of the statute is unambiguous” in its
requirement to notify the public. Judge Chernus went on to say, “In light of
County Counsel’s refusal to admit a violation, the court is justified in
presuming Respondent [the County] will continue similar practices” and thus was
compelled to grant Declaratory Relief.
Perhaps, in the future, the County will be more circumspect.
In commenting on the ruling, petitioner's counsel, Edward Yates, noted "CVP is very pleased with Judge Chernus' decision holding that the Marin County Board of Supervisors is not exempt from the state Open Meetings Act's requirements that local agencies provide public notice for all items discussed at Board meetings.
"CVP did not go into this case looking for a legal battle but instead only made the request that the County abide by the Open Meetings Act and not hold discussions without public notice. The County not only refused to agree to this simple request but also disparaged CVP's case in the press and in its pleadings.
"It is gratifying to know that Marin residents can expect the courts to uphold one of California's most important public participation and government transparency laws. We urge all residents of Marin to take advantage of this ruling and scrutinize local agency meetings to ensure that those agencies are abiding by the state's open government requirements."
The full story of this trial and its outcomes will be subject of an in depth article, soon, here on the Marin Post.
Bob Silvestri is the founder and president of Community Venture Partners, Inc., the petitioner in this case.