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Re: Violation of the Brown Act - request for criminal charges

From: Peter Carpenter <peterfcarpenter_at_(domain_name_was_removed)>
Date: Wed, 15 Dec 2010 10:50:54 -0800


Mr. Serrato,

Some factual material to assist in your investigation:

Peter
On Dec 15, 2010, at 6:00 AM, Peter Carpenter wrote:

> Mr. Serrato,
>  The Menlo Park Council has nullified the election of Mayor which occurred on 7 December and elected a new Mayor. The Council took NO action to discipline, censure or even note the Brown Act violation by Ms. Fergusson that necessitated this nullification action.
> 
>  Since the City Attorney and Ms. Fergusson have both confirmed that she violated the Brown Act and in order to send a clear message to all of the other elected and appointed officials in San Mateo County, I urge you to proceed with your review of this matter including the possibility of filing criminal charges and the seeking of judicial oversight of Ms. Fergusson's future official actions.
> 
> 
> Respectfully,
> 
> Peter Carpenter
> 
> On Dec 10, 2010, at 5:06 PM, Al Serrato wrote:
> 

>> Dear Mr. Carpenter,
>>
>> Thank you for bringing this matter to our attention. Please be assured that we are continuing to monitor these proceedings and will be making a determination as to what action, if any, may be appropriate when a full review of the facts and circumstances surrounding these issues has been completed.
>>
>> Sincerely,
>>
>> Albert A. Serrato
>> Deputy District Attorney
>>
>> <IMAGE.gif>
>>
>>
>> >>> "Peter Carpenter" <peterfcarpenter_at_gmail.com> 12/9/2010 1:20 PM >>>
>> Dear Mr. Serrato,
>> Ms. Ferguson has acknowledged her violation of the Brown Act and I believe that this in far from the first time that she has violated the Brown Act.
>>
>>
>> I therefore request that the District Attorney, under 54959. Violation of Act; Criminal penalty, bring criminal charges against her to both appropriately punish her for this violation and to establish judicial oversight over her further actions as an elected official.
>>
>>
>> Sincerely,
>>
>> Peter F. Carpenter
>> 1 larch Drive
>> Atherton, ca 94027-2125
>> 650-323-1162
>>
>>
>> Statement Regarding Possible Brown Act Violations
>>
>> Kelly Fergusson
>>
>> December 9, 2010
>>
>>
>> After speaking with the city attorney, it appears I was directly or indirectly involved in possible Brown Act violations in the days leading up to the mayor selection on December 7 based on conversations with Rich Cline and Peter Ohtaki. Neither was aware I had had communicated with the other. I did not have any conversations with either Kirsten Keith or Andy Cohen. To the extent there may have been Brown Act violations, I sincerely apologize to the community and my fellow councilmembers for my involvement.
>>
>>
>> If there was a violation, it was not intentional. I believed I was lobbying or stating my position to inform members of the council, and to gain their support. Likewise I stated my position with community members that may have subsequently talked to councilmembers to gain support. I was not attempting to achieve a consensus.
>>
>>
>> I made a hopeful statement before the meeting that I believed I would get three votes. This was based on speaking with a trusted individual with proven judgment whose guess or bet was that I would become mayor, not based on any knowledge of specific votes or an achieved consensus.
>>
>>
>> When I went into the City Council meeting on Dec. 7, I was hopeful that I would receive three or more votes, but I did not know whether I would be selected.
>>
>>
>> I take full responsibility for my actions. I will be extremely careful regarding the Brown Act in the future, recognizing that it may apply to campaigning as well as regular council issues. To emphasize my commitment and deepen my understanding, I am signing up for a Brown Act training course.
>>
>>
>> Per the terms of the Brown Act, a “Cure and Correct” action will be agendized for a special city council meeting very soon, wherein the previous action is voided, nominations are re-opened, and the vote is retaken. This will occur for both mayor and vice-mayor.
>>
>>
>>
>>

> Received on Wed Dec 15 2010 - 10:51:22 PST

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