History of Rich McKee's Open Government Work Date 1994 Vs.

City of Glendora Issue City was not allowing public comment at special meeting. City was going into closed session under real estate exception, but really were talking about other things. Outcome Rich lost this case because when they got to court, City agreed they would never do it again. Rich was unaware of options to appeal. Rich lost this case because court agreed that he was representing "Glendora Voice" and organization. Therefore, they were not an "interested person" as required. Rich was unaware of options to appeal. Won.

1995

City of Glendora

1997

Chino Unified School District

1998

19992000 20012002

20012002 20012002 ???

District held closed session for superintendent evaluation, but instead formulated a buyout agreement with him. Pasadena Area School alleged that sabbatical leave Community College committed which was created by District collective bargaining agreement wasn't subject to the Brown Act. City of Claremont City was sued and entered into a "confidential" settlement. Would not release the settlement agreement upon Rich's request. Three Valleys Rich requested documents, along Municipal Water with LA Times and Claremont District Courier, pertaining to investigation of alleged misconduct by supervisor. TVMWD had law firm do investigation, which resulted in a report, which they claimed was not disclosable. Three Valleys filed lawsuit asking court to determine whether they had to release the documents. Three Valleys Needless to say, Three Valleys Municipal Water declined to disclose the District documents. Rich filed on the Brown Act issue. Three Valleys Rich and the Times filed on the Municipal Water same issue, but pertaining to the District Public Records Request. San Antonio Water Filed with CFAC. City of Upland Company had accumulated 2/3 of all shares in a private water company. Argued that they were now subject

Won.

Won.

The Court held said they would not determine the issue - Three Valleys had a duty to determine whether they had to release records. Then, if requestor believed this to be incorrect, they could file lawsuit.

Won.

Won. Lost at Superior Court. Dennis Winston handled appeal, but the appellate court issued a tentative ruling in favor of San Antonio Water. At

to Brown Act. ??? City of Sierra Madre Private high school wanted to enlarge and improve facility. The matter went before the planning commission, who allowed people who were for it to speak on one day and made people who were against it speak on another day. LA Board of Case with LA Times. Board went Supervisors into illegal closed session regarding health care workers ballot initiative.

argument, Dennis persuaded the court to see it correctly. City wanted to settle as soon as lawsuit was filed. Returned Rich's costs and issued a press release admitting to brown act violation, but not first amendment violation. Davis Wright Tremaine handled case and appeal. Won at Superior Court, but judge denied DWT fees because she said that LA Times had other interests in filing suit. Case went to appeal, where issued a very favorable opinion on recovering attorney's fees in Brown Act litigation. DWT went on to collect $116,000 in attorney's fees. Won and CVUSD was ordered to tape closed sessions for 2 years.

2003

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Chino Valley Unified School District LA IMPACT

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LA County Board of Supervisors

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Bonita Unified School District

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Association for Los Angeles Deputy Sheriffs

Agendas listed multiple "anticipated litigation" closed sessions, but CVUSD never listed or announced facts and circumstances. Litigation with reporter Chris Bray. Group of police chiefs formed LA IMPACT, which they claimed were not subject to the Brown Act, even where cities had approved MOU. Attorney General filed brief siding with LA Impact at Superior Court level. Joint, with LA Times. Closed sessions were used to discuss King Drew medical center problems. They claimed it was a combination of a personnel and threatened litigation closed sessions, and were allowed under the Brown Act. School Board denied its own employees right to speak at open meeting to complaint about negotiations with union. Sued for both Brown Act and First Amendment violations. Filed jointly with LA Times. Administrative hearing unit of civil service commissions stopped

Won a superior court. LA IMPACT appealed. Dennis Winston represented Rich and Chris and won on appeal.

Lost at superior court and decided not to appeal.

Won.

During case, Supreme Court accepted case with same issues. Superior court action was stayed pending outcome of

releasing records related to hearing. ??? Orange County Board Of Supervisors California Teachers Association of PCC Illegal real estate closed sessions. Agenda was insufficient in providing notice to public. Inadequate Hudson notice.

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Orange Unified School District

2009

2009

Huntington Beach Business Improvement District City of Fillmore

Rich, CalAware, and OUSD board member Rocco filed suit after board member was censured for comments. OUSD filed AntiSLAPP motion and won, which included order for attorney's fees. Business Improvement District claims it is not subject to public agency subject to Brown Act. After a council member claimed that council had violated the Brown Act, the council convened illegal "urgency" closed session.

California Supreme Court. Supreme Court ruled that records remained sealed. Lost in superior court because Rich did not have standing. Dennis Winston handled appeal and won. Ordered OC BOS to tape record for 3 years. Won at superior court. However, Rich had to file numerous motions to compel them to issue an adequate notice. After 2 attempts, judge said that there was nothing else she could do. Rich appealed, but lost in unpublished opinion ordering him to go to administrative hearing on the issue. Dennis, who had handled superior court case, appealed. Lost on appeal and OUSD was awarded $80,000.

Pending.

2010

Joint LACCD received Attorney Labor/Management General opinion that Joint Benefits Committee Labor/Management Benefits Committee was not subject to Brown Act.

City agreed to settle litigation by issuing public statement admitting errors, completing Brown Act refresher training, and paying attorney's fees of $6000. Pending