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Re: Brown Act violation

From: Peter Carpenter <peterfcarpenter_at_(domain_name_was_removed)>
Date: Wed, 29 Dec 2010 16:14:45 -0800


Mr. Wagstaffe,
 I was pleased and encouraged to see this quote in the Almanac:

"It's a fundamental principle of the criminal justice system," Mr. Wagstaffe agreed. "For every act, there must be a consequence. If there's no consequence, why would anyone fear committing the act?"

Perhaps we will see real enforcement of the laws under your stewardship.

Peter Carpenter  

On Dec 27, 2010, at 3:18 PM, Peter Carpenter wrote:

> Mr. Wagstaffe,
> The Almanac states:"A review of Menlo Park City Councilwoman Kelly Fergusson's admitted Brown Act violation is being launched to determine if more legal action is needed to "cure and correct" the violation, according to county Chief Deputy District Attorney Steve Wagstaff."
>
> I am sure that you are aware that the city council has, in response to my "Cure and Correct" demand made under Section 54960, already cured and corrected the legislative action which was contaminated by Fergusson's admitted violation of the Brown Act. No more legal action is necessary to 'cure and correct' the legislative action that violated the Brown Act.
>
> What is necessary is that you act under Section 54959 to bring charges against Fergusson for her individual actions. Section 54959 provides for penalties for an individual who violated the Brown Act and there is no provision for forgiving such individual violations simply because the legislative body has corrected the damage done by that violation. Nor does the Act allow the legislative body to in any way punish a member who violates the Act - that is the sole responsibility of the DA and the judicial system.
>
> If saying "I am sorry" when an elected official gets caught is considered as punishment then there would be no incentive for elected officials to comply with the Act - just do everything in secret and, IF you get caught, then just say "Sorry".
>
>
> Peter Carpenter
>
>
> On Dec 25, 2010, at 12:04 PM, Peter Carpenter wrote:
>

>> Dear Mr. Wagstaffe,
>> 
>>   You have under consideration the proven and admitted violation of the Brown Act by Menlo Park Council Member Fergusson. The Menlo Park Council has, in response to my "Cure and Correct" demand, reagendized the topic which was contaminated by Fergusson's actions and held a new election of Council officers. However, nothing has been done to hold Fergusson accountable for her violation of the law.
>> 
>>  I urge you to take action in this case. If you turn your back on this proven and admitted violation then you are clearly signaling to all the other public officials in San Mateo County that they can ignore the Brown Act during your tenure as our District Attorney without fear of sanction or punishment .
>> 
>> 
>> Respectfully,
>> 
>> 
>> Peter Carpenter
>> 1 Larch Drive
>> Atherton, Ca 94027
>> 
>> <CAMENLO_102_20101210_020000_en.pdf><CAMENLO_102_20101210_en.pdf>
>> <CAMENLO_102_20101214_090000_en.pdf>

>
Received on Wed Dec 29 2010 - 16:15:46 PST

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