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RE: Kelly Ferguson

From: William L. McClure <wlm_at_(domain_name_was_removed)>
Date: Mon, 1 Nov 2010 18:33:05 +0000


Pat-

In response to your email below, I did have an opportunity to review the emails that were produced for the Daily Post in response to their Public Records Act request and there was no violation of the Brown Act. The Brown Act applies to meetings, which include any congregation of a majority of the members of a legislative body at the same time and place to "hear, discuss or deliberate upon any matter which is under the subject matter jurisdiction of the agency." The Act also prohibits any use of direct communication, personal intermediaries or technological devices employed by a majority of the members of the legislative body "to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." The only emails that involved communications between multiple council members related to (a) campaign mailings with no discussion of content, positions on issues, or any substantive matters, and/or (b) attending an event in the Felton Gables neighborhood-neither topic being or relating to an "item of business that is within the subject matter jurisdiction" of the city council.

Best regards, Bill

William L. McClure, City Attorney
City of Menlo Park
1100 Alma Street, Suite 210
Menlo Park, CA 94025
650-324-9300 Ofc
650-324-0227 Fax
wlm_at_jsmf.com<mailto:wlm_at_jsmf.com>
P Please consider the environment before printing this email

From: Pat White [mailto:pwhite1164_at_yahoo.com] Sent: Sunday, October 31, 2010 11:27 AM
To: city.council_at_menlopark.org
Subject: Kelly Ferguson

From what I have read, its seems that Ms. Ferguson has committed a violation of the Brown Act. She should either resign or be prosecuted for such act.

Pat White
Menlo Park

P.S. Please forward this to the City Attorney

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