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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ETC. Page 2
Background Information
4. On or about October 15, 2013, CITYs city council approved that certain City Manager
Employment Agreement between CITY and Petitioner, pursuant to which CITY retained Petitioners
services as CITYs city manager; immediately prior to the Agreements approval by the city council,
Petitioner had been serving as CITYs interim city manager. A true and correct copy of the Agreement
is attached to this pleading as Exhibit A.
5. While serving as CITYs city manager, Petitioner began to fulfill his legal obligations
under the Colton Municipal Code and, among other things, started to investigate certain public officials
of CITY for misappropriation of public funds and other malfeasance affecting the taxpayers. By way
of example and not limitation, Petitioner was concerned that millions of dollars from CITYs general
fund could not be accounted for and that more than one public official was consciously trying to hide
the fact that the money could not be accounted for.
6. Upon learning that at least one of them could be implicated in Petitioners investigation,
the members of CITYs city council unanimously agreed amongst themselves that they should take
immediate action to prevent Petitioner from conducting any further investigation. Thus, on June 5,
2014, Petitioner was placed on administrative leave of absence by CITYs city council. A true and
correct copy of the memorandum advising Petitioner of his leave is attached to this pleading as Exhibit
B.
7. At no time prior to voting to place Petitioner on administrative leave did CITYs city
council ever publish an agenda for a closed-session or open-session meeting notifying the public that
they intended to consider putting Petitioner on administrative leave or otherwise disciplining him.
8. On August 21, 2014, CITYs city council held a special meeting to discuss dismissing
and terminating Petitioners employment as city manager. The discussion during which CITYs city
council unanimously agreed to terminate Petitioner took place in closed session, with the open-session
portion of the meeting dedicated only to the city councils approval of the resolution memorializing its
closed-session decision. A true and correct copy of the agenda for this meeting is attached to this
pleading as Exhibit C.
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ETC. Page 3
9. Petitioner has not received any of the compensation or other benefits owed under the
Agreement since August 21, 2014.
Jurisdiction, Venue, and Prior Notice
10. The Court has jurisdiction over this proceeding pursuant to, among other legal provisions
(and to the extent applicable), Code of Civil Procedure Sections 1060 et seq. and 1084 et seq. and
Government Code Sections 54960, 54960.1, and 54960.2.
11. The illegal conduct that is the subject of this lawsuit occurred in the City of Colton, the
County of San Bernardino, State of California.
12. Even though he was not legally required to do so in order to maintain this lawsuit, on
August 28, 2014, Petitioner caused a notice of the illegal conduct that is the subject of this lawsuit and
a demand for correction thereof to be served on CITY as a courtesy and in an abundance of caution.
A true and correct copy of the notice is attached to this pleading as Exhibit D.
FIRST CAUSE OF ACTION:
Violation of the Ralph M. Brown Act
(Against All Defendants/Respondents)
13. Paragraphs 1 through 13 are fully incorporated into this paragraph.
14. At all times since the Agreement was made, Government Code Section 54957(b) has
provided as follows: (1) Subject to paragraph (2), this chapter shall not be construed to prevent the
legislative body of a local agency from holding closed sessions during a regular or special meeting to
consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public
employee or to hear complaints or charges brought against the employee by another person or employee
unless the employee requests a public session. [] (2) As a condition to holding a closed session on
specific complaints or charges brought against an employee by another person or employee, the
employee shall be given written notice of his or her right to have the complaints or charges heard in an
open session rather than a closed session, which notice shall be delivered to the employee personally
or by mail at least 24 hours before the time for holding the session. If notice is not given, any
disciplinary or other action taken by the legislative body against the employee based on the specific
complaints or charges in the closed session shall be null and void.
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ETC. Page 4
15. At no time prior to terminating Petitioner as city manager did CITY ever give him
written notice of his right to have the complaints or charges made against him heard in an open session
rather than a closed session as required by Government Code Section 54957(b)(2). Had Petitioner been
provided with such notice, he would have opted to have all complaints and charges against him heard
in open session. Petitioner is informed and believes and on that basis alleges that CITYs city council
unanimously agreed not to provide him with such notice because they knew he would opt to have the
complaints and charges heard in open session and that such a proceeding would likely result in the
disclosure of information that members of the city council did not want disclosed to the public.
16. At all times since the Agreement was made, Government Code Section 54954.2(a) has
provided as follows: (1) At least 72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including items to be discussed in closed session.
A brief general description of an item generally need not exceed 20 words. The agenda shall specify
the time and location of the regular meeting and shall be posted in a location that is freely accessible
to members of the public and on the local agencys Internet Web site, if the local agency has one. If
requested, the agenda shall be made available in appropriate alternative formats to persons with a
disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall
include information regarding how, to whom, and when a request for disability-related modification or
accommodation, including auxiliary aids or services, may be made by a person with a disability who
requires a modification or accommodation in order to participate in the public meeting. [] (2) No
action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed
by persons exercising their public testimony rights under Section 54954.3. In addition, on their own
initiative or in response to questions posed by the public, a member of a legislative body or its staff may
ask a question for clarification, make a brief announcement, or make a brief report on his or her own
activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures
of the legislative body, may provide a reference to staff or other resources for factual information,
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ETC. Page 5
request staff to report back to the body at a subsequent meeting concerning any matter, or take action
to direct staff to place a matter of business on a future agenda.
17. At all times since the Agreement was made, Government Code Section 54956(a) has
provided as follows: A special meeting may be called at any time by the presiding officer of the
legislative body of a local agency, or by a majority of the members of the legislative body, by delivering
written notice to each member of the legislative body and to each local newspaper of general circulation
and radio or television station requesting notice in writing and posting a notice on the local agency's
Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other
means and shall be received at least 24 hours before the time of the meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted or discussed. No other business shall be considered at these meetings by the legislative body.
The written notice may be dispensed with as to any member who at or prior to the time the meeting
convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver
may be given by telegram. The written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes. [] The call and notice shall be posted at least
24 hours prior to the special meeting in a location that is freely accessible to members of the public.
2.
18. At no time prior to placing Petitioner on administrative leave did CITY ever publish an
agenda for any regular or special meeting at which any aspect of Petitioners employment as city
manager was to be discussed. The fact that CITY did place Petitioner on administrative leave implies
that the city council voted to do so at a secret meeting--that is, at a meeting that was not properly
agendized as required by law.
19. At all times since the Agreement was made, Government Code Section 54957.1 has
provided in pertinent part as follows: (a) The legislative body of any local agency shall publicly report
any action taken in closed session and the vote or abstention on that action of every member present,
as follows: * * * (5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise
affect the employment status of a public employee in closed session pursuant to Section 54957 shall be
reported at the public meeting during which the closed session is held. Any report required by this
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paragraph shall identify the title of the position. The general requirement of this paragraph
notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be
deferred until the first public meeting following the exhaustion of administrative remedies, if any.
20. At no public meeting did CITYs city council report that its members had voted to place
Petitioner on administrative leave or report the vote or abstention of the members who were present
when the decision was made. Furthermore, Petitioner was never provided with any opportunity to
exhaust his administrative remedies in order to oppose and prevent his termination. Petitioner is
informed and believes and on that basis alleges that CITYs city council unanimously agreed not to
provide him with an opportunity to exhaust his administrative remedies because they knew that process
would likely result in the disclosure of information that members of the city council did not want
disclosed to the public.
21. CITYs decision to place Petitioner on administrative leave and its decision to terminate
him as city manager constitute violations of the Ralph M. Brown Act, GOVT CODE 54950 et seq., and
such violations render the decisions null and void. Consequently, the Agreements termination is null
and void and thus Petitioner remains entitled to receive all compensation and other benefits of the
Agreement that accrue between August 21, 2014, and the date on which the Agreement is lawfully
terminated (i.e., October 31, 2016, unless otherwise lawfully terminated before then).
22. Petitioner has been harmed as a result of CITYs violations of the Ralph M. Brown Act
because he has been denied the benefits and protections provided by compliance with the Act and
further denied the compensation and other benefits owed to him under the Agreement.
23. As a result of the foregoing violations, Petitioner is seeking mandamus, injunctive, and
declaratory relief as provided under Government Code Section 54960, 54960.1, and 54960.2, as
applicable, in addition to any other remedies that are available to him. The relief that Petitioner seeks
includes but is not limited to a declaration that CITYs purported termination of the Agreement is null
and void and that the Agreement remains in full force and effect, as well as injunctive relief prohibiting
CITY from hiring another city manager while the Agreement is in force.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION
FOR WRIT OF MANDATE UNDER THE RALPH M. BROWN ACT
Exhibit A
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION
FOR WRIT OF MANDATE UNDER THE RALPH M. BROWN ACT
Exhibit B
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION
FOR WRIT OF MANDATE UNDER THE RALPH M. BROWN ACT
Exhibit C
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION
FOR WRIT OF MANDATE UNDER THE RALPH M. BROWN ACT
Exhibit D