Chico council served new cease and desist letter in Brown Act case

CHICO » The Chico City Council has been served a new cease and desist letter alleging the council has violated the Brown Act on numerous occasions though the letter specifically notes the most recent council meeting.

The cease and desist letter comes from Stand Up For Chico, the PAC fronted by local homeless advocate Angela McLaughlin. In the documents submitted Tuesday, the letter accuses the council of voting to disband the Climate Action Commission without the adequate 72 hours public notice as required by the Brown Act.

The decision to disband the commission came at the Sept. 21 meeting when council was prompted to confirm four new appointments to serve on the commission. Instead of voting on appointments, a motion was started by Councilor Sean Morgan to disband the Climate Action Commission and have it reformed as a commission to be called upon when the council sees fit. The motion received a 5-2 vote without support from councilors Alex Brown and Dale Bennett.

The submitted documents read: “The action taken was not in compliance with the Brown Act because there was no adequate notice to the public on the posted agenda for the meeting that the matters acted upon would be discussed, and there was no finding of fact made by the Chico City Council that urgent action was necessary on a matter unforeseen at the time the agenda was posted.”

The document continues to allege the council violated the Brown Act which requires specific agenda obligations be taken to notify the public with brief descriptions of the items which will be acted upon or discussed. McLaughlin, representing Stand Up for Chico, also requested the council “cure and correct the illegally taken action,” by a formal and explicit invalidation of the motion, ensuring all items discussed are properly put on the agenda ahead of council meetings, a full disclosure and reversal of any actions taken as a result of the motion and provided reasoning why councilors took the positions they opted for at the meeting.

McLaughlin ends the cease and desist by referencing repeated actions by the council that she alleges violate the Brown Act and states if compliance is refused, the PAC will seek a resolution through criminal penalties or civil remedies.

“It is extremely disheartening that the members of our current council continue to flaunt the law and violate the rights of citizens,” McLaughlin told this NEWS-paper Wednesday. “This pattern was established almost as soon as they were sworn in, when they violated the civil rights of unhoused citizens, resulting in a lawsuit that prevents the city from enforcing its illegal ordinances.”

McLaughlin also said the council’s history has led her to wonder if only legal action can make council begin following the law, although she noted in submitted documents the PAC’s goal is to be able avoid that outcome.

“They have repeatedly violated the Brown Act, taking action on items that were not (put on the agenda), thus precluding public input,” McLaughlin said. “Their disrespect for the rule of law as well as for their constituents is unprecedented.”

This is the second cease and desist letter served to the Chico City Council this month. The first came from local attorney Rob Berry alleging the council had also violated the Brown Act on multiple occasions.

City Attorney Vincent Ewing declined to comment on the cease and desist from Stand Up for Chico.