Lodi council to hold new public hearing on grant funds after claims of Brown Act violation

After allegations of Brown Act violations at a recent meeting, the Lodi City Council voted 4 to 1 to reset the public hearing to approve the 2017-18 draft Community Development Block Grant action plan for June 21 during a special meeting on Wednesday night.

Councilman Bob Johnson was opposed. The decision was made following a closed session on the matter.

According to City Manager Steve Schwabauer, this decision will delay several projects and keep nonprofits seeking CDBG funding from reaching their goals.

The special meeting was called in response to letter written by Spencer Dayton, alleging that Mayor pro tem Alan Nakanishi violated the Brown Act by not letting him speak during the May 3 public hearing on CDBG funding. The incident came after another member of the public expressed concerns that providing funding to one of the grant applicants might violate separation of church and state. The Brown Act, a California law authored by Assemblymember Ralph M. Brown and passed in 1953, guarantees the public’s right to attend and participate in meetings of local legislative bodies.

Dayton, who has declared he is running for city council, wrote in his letter that when he attempted to comment on CDBG funds during the May 3 meeting, Nakanishi asked whether the comment was related to the separation of church and state issue.

When Dayton confirmed that it was, the letter stated, Nakanishi told Dayton to hold his comments until the city attorney had a chance to check on the legality of the situation. Several other people were allowed to speak on the matter afterwards, Dayton claims.

“This action was not in compliance with Brown Act because public comment cannot be hindered,” he said in the letter.

He demanded that the council make a formal acknowledgement of a Brown Act violation, cease and desist from making that violation in the future and that Nakanishi make a public apology.

After reviewing the video of the May 3 council meeting, city staff felt that Nakanishi was not in violation of the Brown Act and that he simply requested that the audience reserve questions on church and state until the City Attorney’s Office could weigh in on the matter.

During public comment, Dayton told the council that he submitted the letter after several weeks of discussion and debate with many people and the letter was written under the advisement of three legal scholars, two lawyers and two special advisors. Dayton informed the council that he not only sent the letter to them, but he also sent it to the American Civil Liberties Union, and they advised him that the best option was to reopen public comment on the CDBG funding plan. He told the council that he was willing to have a conversation with the city manager about what transpired.

Lodi resident David Diskin transcribed the exchange that occurred between Dayton and Nakanishi at the May 3 meeting and said he too felt that Nakanishi was in violation of the Brown Act.

“Alan, you’ve earned my respect on a number of issues since you’ve been on the dais but what you did on May 3 was disgraceful,” Diskin said. “... The moment Spencer was asked to hold his remarks, I knew it was wrong, and I think all of us did.”

Diskin said that he was ashamed that nobody spoke up on Dayton’s behalf during the May 3 meeting and suggested that what transpired may have discouraged others from making comments on the issue. He urged the city attorney to recommend training for the city council and make sure it never happens again.

“We all owe Spencer an apology,” he said.