NCRA Violation of Brown Act: Exclusion of Meyers and MacDonald
Author: Mitsy, esq
Date: 04-06-2008 - 13:04
NCRA legal counsel, Chris Neary, has argued that the NCRA Board may exclude Board members Meyers and MacDonald from closed door meetings where the Novato lawsuit is discussed. (His reasoning is that because they were appointed by Marin County and Marin County filed an Amicus, they have a conflict of interest. Note: Judge Ritchie threw out Marin's Amicus filing.) As these closed door sessions are to be held in the Operations Committee, other Board members would also be excluded. Indeed, a majority of the Board would not be deciding legal strategies and tactics as far as the Novato lawsuit is concerned.
So, if the Board goes along with Neary, what happens when the NCRA loses the lawsuit
and decides to appeal. Is an appeal, never ratified by a majority of the NCRA Board,
on legally questionable foundations. Can Novato argue that the NCRA has no standing if
its legal appeal was not voted on by a majority of the Board?
Come to the fun in Petaluma, April 9th 11am. That's where the next NCRA Board meeting will be held and this matter will be discussed.