HomeMy WebLinkAbout11-10-2014 B2 ShanbromR I_. t_ '- E. ,, .F t .
Goodwin, Heather I NOV 13 2014
From: Mejia, Anthony 1
Sent: Wednesday, November 12, 2014 5:08 PM
To: Goodwin, Heather
Subject: FW: Councilman Ashbaugh/ No Brown Act violation
AC B2 11/10/14 COUNCIL MI-I TING:
ITEM NO,: P).-1—
Anthony J. Mejia, MMC I City Clerk
cmv 01I; an I ms omspo
3E90 Palrn Street.
San Luis Obispo, CIS 93401
tel 1805.781,7102
From: shanbrom@aol.com [mailto:shanbrom @aol.com]
Sent: Wednesday, November 12, 2014 12:08 PM
To: Mejia, Anthony
Subject: Fwd: Councilman Ashbaugh/ No Brown Act violation
- - - -- Original Message---- -
From: shanbrom <shanbrom(aD-aol.com>
To: shanbrom <shanbrom(o)-aol.com >; jmarx < Imarx fslocity.org >; ksmith <ksmith0- )slocity.org >; dcarpent
<dcarPent(a)_slocitv.org >; cchristi <cchristi(aD-slocity.org>
Cc: jashbaug cdietrick <cdietrick(c)-slocity.org>
Sent: Wed, Nov 12, 2014 8:36 am
Subject: Re: Councilman Ashbaugh/ No Brown Act violation
Mayor, Councilmembers,
Today's Tribune has an article that verifies the point that I make in my letter preceding Monday's meeting and Mayor
Marx's comment that Councilman Ashbaugh made no clear violation of the Brown Act. On Monday's meeting the council
made no determination that he violated the Brown Act. I know everyone would like to move on but I believe the Council
has set a very bad precedent in condemning Councilman Ashbaugh without a finding of wrongdoing. Is he being
condemned for intemperate commentary? If so that is a violation not only of his freedom of speech but also a limitation on
his responsibility as a public official to vigorously argue for the public good. In the absence of a finding of wrongdoing the
council should rescind its own intemperate condemnation of Councilman Ashbaugh or risk setting a very bad precedent of
being able to condemn /censure each other's comportment on the dais.
Bob Shanbrom
- - - -- Original Message---- -
From: shanbrom <shanbrom(c)-aol.com>
To: jmarx <jmarx(d-)-slocity.orq >; ksmith <ksmith(o)-slocity.orp; dcarpent <dcarpent .slocitv.org>; cchristi
<cchristi slocity.org>
Cc: jashbaug <washbaug(cD-slocity.org>
Sent: Mon, Nov 10, 2014 3:07 pm
Subject: Re: Councilman Ashbaugh
Mayor, Councilmembers,
Regarding Councilman Ashbaughs comments at the SLOCC meeting on Nov. 4, 1 do not believe that Councilman
Ashbaugh violated the Brown Act. His comments were inconsequential as nothing of substance was revealed. He did not
reveal a personnel matter, nor a city position on a contract negotiation, nor a strategy to defend against litigation, for
example, or any other deliberation that is properly excluded from public view.
I think the door to violation of the Brown Act was opened by Councilman Carpenter's referencing of his own mindset
going into the closed session. Referencing, as every parent knows, is a way of talking about a topic that you aren't
supposed to talk about, "Daddy /Mommy, I promised I'm not going to talk about Disneyland and I'm not going to do it."
If closed door deliberations are sacrosanct then both the Mayor and /or the City Attorney might well have stepped in to
suppress Councilman Carpenter's referencing of the closed session. But permitted into the record, Councilman
Carpenter's comment, hidden under the cloak of a reference as it was, became "evidentiary" and was in fact germane to
the public deliberations. It was well within Councilman Ashbaugh's responsibility to question the (in)credibility of the
statement and to rebut it.
In fact, to jaded observers such as myself, Councilman Ashbaugh's comment was a refreshingly
extemperaneous glimpse behind the scenes, a glimpse into the back room dealing where it seems that every council
decision goes to be scripted before being performed before a live audience. Not only do I think that Councilman
Ashbaugh did little to violate the Brown Act, I think he held true to the spirit of the Brown Act.... government transparent
and public.
I think that Council Ashbaugh deserves no discipline for his action. I think Council should treat
this as a learning process and that it should agree to a new policy that closed door sessions are
neither to be discussed nor to be superfluously referenced from the dais and that the Chair
and /or City Attorney will intercede immediately whenever this happens.
Thank you for your efforts in this matter
Bob Shanbrom
364 Montrose Drive