From the brief:

“Selecting an Operator for the Railroad and NCRA’s Repeated Violations of the Brown Act

36. Besides violating CEQA and its own enabling legislation, the NCRA has made a mockery of the Ralph M. Brown Act. In January 2006, the NCRA prepared a Request for Proposal (”RFP”) seeking proposals from persons interested in operating a railroad company on any or all of the NWP line. NCRA received five responses to its RFP, one of which was NWP Co’s. NWP Co. submitted a “Proposal for Operator of Rail Service of the Northwestern Pacific Rail Line” (”NWP Co. Proposal”) dated March 31, 2006.”

“37. To review these proposals and interview the proposers, the NCRA’s Executive Director, Mitch Stogner, convened numerous meetings of the NCRA’s Operator Committee. None of these meetings were noticed. No public agendas were prepared for these meetings. The public was not entitled or allowed to be present during or speak at said meetings. These meetings were held entirely in secret. During these meetings, the Operator Committee interviewed the prospective railroad operators and narrowed the selection to three and then to two finalists. The criteria utilized by the Operator Committee were never revealed to the public. The discussions held by the Operator Committee as to the rationale for accepting one proposal and rejecting another were never revealed to the public. The entire process was held in secret. Indeed, even when the full Board met to interview the finalists, these meetings too, were held in secret. The public was completely shut out of the process leading up to probably the most important decision that the NCRA has made since EO 21 was issued in 1998.”

“39. Beginning at some time prior to 2003 and continuing to the present, the Operator Committee has consistently met in secret in violation of the Brown Act.

40. The secrecy which has shrouded the selection of NWP Co. as NCRA’s exclusive operator of the NWP has cast into doubt the propriety and lawfulness of that decision. NWP Co.’s President is John Williams, who, from 1993 to 1995 was the Executive Director of the NCRA. The Petitioner is informed and believes, and based thereon alleges that it was NCRA’s lack of quality management, lack of funds, and its inability to maintain the NWP in a safe condition during the 1990’s that led to the issuance of EO 21 in 1998 shutting down the NWP in its entirety. General Counsel for NWP Co. is Doug Bosco. He is also a shareholder of NWP Co. and a member of its board of directors. Even before NCRA issued its RFP in January 2006, Doug Bosco had conducted at least one, if not more, secret meetings with the Operator Committee. Petitioner is informed and believes, and thereon alleges that prior to Mr. Stogner’s retention by the NCRA as its Executive Director in 2003, Mr. Stogner had no direct or significant experience in managing a transportation authority or a railroad operation. However, from 1976 to 1991, he served as Chief of Staff for Mr. Bosco while Mr. Bosco served as a Congressman and Assemblyman for the Federal and State Governments, respectively.”