JENNIFER FITZGERALD’S 3-1-16 Brown Act Violation written “cure or correct” demand to the Fullerton City Council legislative body


 

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———- Forwarded message ———-
From: The Fullerton Informer <joeimbriano777@gmail.com>
Date: Thu, Mar 3, 2016 at 9:52 AM
Subject: 3-1-16 Brown Act Violation written “cure or correct” demand to the Fullerton City Council legislative body
To: “Lucinda M. Williams” <LucindaW@ci.fullerton.ca.us>, “council@cityoffullerton.com” <council@cityoffullerton.com>, “JenniferF@cityoffullerton.com” <JenniferF@cityoffullerton.com>, Mea Klein <MeaK@ci.fullerton.ca.us>
Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action, the nature of the claimed violation, and the “cure” sought. This demand must be sent within 90 days of the alleged violation or 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that only properly agendized items are acted on by the governing body during a meeting.2 The legislative body then has up to 30 days to cure and correct its action. If it does not act, any lawsuit must be filed within the next 15 days.

During the regular business item 13 portion of the meeting listed here

the item of Vector Control appointee, Mayor Fitzgerald did not call for or allow public comments, According to the Brown Act, the governing body must.allow the public to address the covered board at regular or committee meetings on any item in the agency’s jurisdiction not addressed by the agency at an earlier open meeting..pursuant to section 54954.3(a))


Please have the proceedings nullified according to Brown Act. The mayor must follow the rules set forth in The Brown Act that govern public meetings.Mayor Fitzgerald also opened the public comment period for item 14 and tried to close it before anyone got out of their chair. Her behavior was totally unacceptable.
I had a five minute presentation on item 13, the vector control appointment issue and wish to have the item reagendized and public comment opened like it should have been,
Please confirm receipt of this written correspondence and let me know when I can expect a response.
Thank you.
Mr. Joe Imbriano
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