San Diego Union-Tribune

DEL MAR COUNCIL MEMBER WARNED OVER EMAILS

NCTD officials say communicat­ion violated state law

- BY LUKE HAROLD Harold writes for the U-T Community Press.

North County Transit District leaders sent a warning letter to Del Mar City Councilmem­ber Dan Quirk over emails he sent to NCTD board members that were allegedly “not in compliance” of a state transparen­cy law.

Quirk, in his first year on the City Council, represents Del Mar on the NCTD board of directors.

On Sept. 14, Quirk sent two emails to the nine other NCTD board members about two agenda items for the board’s Sept. 16 meeting.

One email was about a contract with Deloitte Research for “market research and analysis of post-COVID-19 trends.” Quirk wrote that the study should focus in part on ridership trends of the Coaster, which runs from Oceanside to downtown San Diego. He has called the Coaster “a complete failure of a transporta­tion service” based on the ridership numbers.

“There are good reasons to suspect that future ridership trends for the Coaster will remain very limited,” Quirk said in the email.

The second email was about an Uber and Lyft pilot program to serve the Sorrento Valley and Carlsbad Poinsettia Coaster stations and the Vista Transit Center. Quirk wrote that he was concerned the proposal would be “an additional subsidy for high income earners.”

“In theory, this idea has some potential,” he wrote. “However, it appears that for the Coaster Carlsbad and Coaster Sorrento Valley pilots, this caters to the ‘tech worker’ demographi­c who tends to be on the more aff luent end of the income spectrum.”

The NCTD board unanimousl­y approved both agenda items.

Two days after Quirk sent those emails, he received a letter from Encinitas Deputy Mayor Tony Kranz, the NCTD board chair, and Solana Beach City Councilmem­ber Jewel Edson, the vice chair. It said his emails did not comply with the Brown Act, a state law that limits meetings and communicat­ion among members of the same government body outside of a publicly noticed meeting.

“We are aware that you have been advised on a number of occasions that the Brown Act prohibits Board members from engaging in any form of communicat­ion amongst one another outside of a duly noticed public meeting that leads to a majority developing a concurrenc­e on an action to be taken,” Kranz and Edson wrote to Quirk.

They also wrote that any future Brown Act violations by Quirk will be reported to the state attorney general and the Fair Political Practices Commission. Consequenc­es of Brown Act violations, they said, could include NCTD board decisions being voided or NCTD incurring legal costs.

Quirk said in an interview that he was trying to raise counterpoi­nts for board members to consider before the meeting. He added that he had no intention of causing a “secret decision behind closed doors” that would violate the Brown Act.

“It doesn’t seem fair to me if my only opportunit­y to raise some concerns to my fellow board members is just a verbal comment after the initial staff presentati­on,” he said. “It’s such an uphill battle trying to change someone’s mind when they’ve had the opportunit­y to receive these written materials ahead of time.”

But Kranz said he had been advised by legal counsel for the city of Encinitas and NCTD that any email to all board members “advocating for a particular position is inappropri­ate.” He also said there had been previous warnings to Quirk about sending emails to the whole board.

“It just makes the business of government agencies more complicate­d if people aren’t avoiding those situations that can trigger Brown Act violations, like emails to everybody on the board,” Kranz said.

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Dan Quirk

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