DA demands supes ‘cure and correct’ alleged Brown Act violation

When the Lassen County Board of Supervisors meets in closed session at 9 a.m. tomorrow, Tuesday, March 11, not only will they discuss three cases of significant exposure to litigation, they also will discuss the “Closed Session Attachment” — a letter from the Lassen County District Attorney demanding the board “cure and correct” an action it took regarding item H2 on the Feb. 11 meeting agenda regarding live streaming the board meetings.

According to the DA’s letter, “The alleged violation is as follows: On or about Feb. 11, 2025 at its regularly scheduled meeting, the board took action to approve Item H2. During the discussion of this item, it was divulged that conversation occurred between three supervisors regarding the subject matter of Item H2 in the days prior to the meeting.

“Although the board members disagree, it is the legal opinion of the District Attorney that these communications were used to develop a concurrence as to an action to be taken and therefore constitute a ‘serial meeting,’ which are expressly prohibited by the Brown Act. To remind the board members: a serial meeting is a series of communications, each of which involves less than a quorum of the legislative body, but which taken as a whole involves a majority of the body’s members. This can occur in chain communications: Supervisor A to Supervisor B to Supervisor C; or it can occur when Supervisor A acts a hub of a wheel and communicates separately with Supervisor B and Supervisor C.”

After the board’s closed session meeting, the county announces its response in open session with a letter from chairman Tom Neely to district Attorney Susan Melyssah Rios and the citizens of Lassen County.

According to that letter, “The Lassen County Board of Supervisors has received your cease and desist letter dated Feb. 18, 2025, alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: Specifically, your letter alleged a serial meeting violating the Brown Act with regard to the agenda item related to live streaming meetings of the board of supervisors. The allegation identifies that more than a quorum of supervisors discussed live streaming outside of a publicly noticed open meeting in advance of consideration of the board item.

“In order to avoid unnecessary litigation and without admitting any violation of the Ralph Brown Act, the Lassen County Board of Supervisors hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.”