District Attorney Erik Nasarenko announced today that the Ventura County District Attorney’s Office (VCDA) has issued a cease-and-desist demand to the Ojai City Council. The cease-and-desist demand alleges the Ojai City Council violated the Brown Act.
The Brown Act requires meetings of qualifying legislative bodies to be open to the public, with an opportunity for public comment. This requirement is subject to narrow exceptions specified within the Brown Act. The VCDA concluded the Ojai City Council exceeded these exceptions during closed sessions in violation of the Brown Act.
Ojai City Councilmember Leslie Rule first disclosed the violations to the media and later reported them to the VCDA. Although the Brown Act allows the disclosure of closed-session information to the District Attorney, there was no applicable exception that allowed Rule to first publicly disclose the violations to the media.
Accordingly, Rule’s initial disclosure of the Council’s closed-session violations to the media constitutes a separate violation of the Brown Act.
“Absent a valid exception, a city’s council deliberations and decision making must be open to public scrutiny,” said District Attorney Erik Nasarenko. “The Council’s closed-session discussions violated the Brown Act, as did Councilmember Rule’s disclosure of those discussions to the media instead of the Office of the District Attorney.”
The allegations were reviewed by Senior Deputy District Attorney Anthony Wold, a member of the Ventura County District Attorney’s Public Integrity Unit.