Mod: Yesterday I posted the following, and I thought that there should be some follow-up so everyone might have a better understanding of exactly what went down here.
Mod: If this conversation of the city's elected leaders, along with key staff, had occurred in closed session, and Sho Tay had revealed what was said in his mailer, it would have been a clear violation of the Brown Act. However, and as resident Laurie Thompson, City Manager Dominic Lazzaretto and City Attorney Stephen Deitsch discover in the following series of emails, no such closed session conversation ever took place. In other words, Sho Tay just made this all up in order to smear his fellow City Councilmembers with the false allegation that they didn't care about crime, and then put the on an illegal postcard to boost the campaigns of Bob Harbicht and Roger Chandler. It is remarkable dishonesty on several levels. Here are the emails.
From:
Laurie ThompsonSubject: Checking Back - Closed Session Violation - Request for Document (s)
Date: April 19, 2018 at 3:31:38 PM PDT
To:
Dominic Lazzaretto,
Stephen Deitsch,
Peter AmundsonTo all: I haven’t received a response from you regarding my request for the notice of the closed session
Sho Tay referenced on Tuesday night. It might be because no noticed agendized item exists in which case there has been a
Brown Act violation.
Or it might be because if you identify an agendized closed session item that
Sho Tay was referencing,
Sho Tay has committed a criminal offense in disclosing results of a closed session deliberation in a very public manner.
Or maybe it’s because
Sho Tay made the whole thing up in which case
Sho Tay is not presenting the truth. I don’t want to make any assumptions so I’d like a response.
Sincerely,
Laurie ThompsonLong Time Arcadia ResidentFrom:
Dominic LazzarettoSubject: RE: Checking Back - Closed Session Violation - Request for Document (s)
Date: April 19, 2018 at 3:41:15 PM PDT
To:
Laurie Thompson,
Stephen Deitsch,
Peter AmundsonLaurie:
Steve and I have a conference call scheduled tomorrow morning to review your request and what was said on Tuesday night. We will be in touch as quickly as we can thereafter.
Have a great day,
DominicFrom:
Laurie ThompsonSubject: Re: Checking Back - Closed Session Violation - Request for Document (s)
Date: April 19, 2018 at 5:18:34 PM PDT
To:
Dominic LazzarettoThank you.
From:
Stephen DeitschSubject: RE: Checking Back - Closed Session Violation - Request for Document (s)
Date: April 20, 2018 at 9:50:13 AM PDT
To:
Laurie Thompson,
Dominic Lazzaretto,
Peter AmundsonGood morning,
Ms. Thompson. Thank you for your two emails about this item. I plan to respond to them after I review the video of this past Tuesday’s
Council meeting and as part of my work day at City Hall this coming Tuesday.
Thank you again. Sincerely,
Steve DeitschFrom:
Stephen DeitschSubject: FW: Checking Back - Closed Session Violation - Request for Document (s)
Date: April 24, 2018 at 12:54:37 PM PDT
To:
Laurie ThompsonMs. Thompson, thank you again for your inquiry about
Mayor Pro Tem Tay’s reference to a closed session in his public remarks at the April 17, 2018
City Council meeting. As I indicated I would do in my April 20 email to you (below), I have now viewed and listened to the video of that portion of the April 17, 2018,
City Council meeting to which you have made reference. I can now address your inquiry.
The
Ralph M. Brown Act and, in particular,
Government Code Section 54963, prohibits disclosure of confidential information that has been acquired by being present in a closed session.
Mayor Pro Tem Tay briefly mentioned in his Council meeting remarks that he had met recently with
Mayor Amundson and
City Manager Lazzaretto, and had shared with them his thoughts about a closed session discussion. In his remarks at the
City Council meeting,
Mayor Pro Tem Tay clearly indicated that he was not allowed under the
Brown Act to describe information he obtained at a closed session and, thus, would not be able to be specific in his description in his remarks at the
Council Meeting. He merely indicated that he shared his thoughts about such a closed session discussion with the
Mayor and
City Manager. As such, there has been no
Brown Act violation.
To the extent your inquiry instead possibly questions whether a closed session was held by the
City Council in violation of the
Brown Act, I can indicate unequivocally that the
City Council has lawfully listed and described on its posted agendas, and has conducted, closed session discussions fully in accordance with the
Brown Act. In particular, no discussions were conducted during my presence in any closed session which did not pertain to the closed session agenda descriptions on all posted agendas. Of course, I hope you understand that having been present in closed sessions, I am forbidden by
Government Code Section 54963 (cited above) from publicly reciting what specifically has been discussed in a
City Council closed session.
I hope this addresses your concerns. Thank you again for your inquiry. Sincerely,
Steve Deitsch![]() |
The postcard. |
Mod: Sadly, the City Attorney had either misunderstood the nature of Ms. Thompson's request, or he didn't wish to reveal what had actually happened. Read how Laurie then holds his feet to the fire, and in the process gets Steve to unveil the following remarkable revelation. That being, Sho Tay made this all up for the purpose of a dishonest postcard the FPPC is now in the process of nailing him on.
From:
Laurie ThompsonSubject: Clarification - Request for Public Records
Date: April 25, 2018 at 12:51:20 PM PDT
To:
Dominic Lazzaretto,
Stephen Deitsch,
Peter AmundsonDear
Mr. Deitsch,
Mr. Lazzareto,
Mayor Amundson,
Thank you for your response but it does not accurately match my request.
Request Review Background:
1. MPT Tay sent out the following statement to several hundred residents in
District 5 in a campaign flyer:
"If you folks remember, there were times that proposed plans of ordinances to safety of our community , but I got only one vote from
Council Member Roger Chandler from
District 5."
2. This statement was challenged as untruthful by
Council Member Beck at a subsequent city council meeting. He requested evidence.
3. At a recent city council meeting
MPT Tay gave his defense to the truth of his statement in the flyer. He indicated that his claim that proposed ordinances regarding public safety had taken place during a closed session and he could not discuss it.
4. If indeed a closed session took place he cannot discuss it. However, he disclosed the vote and that he was referencing public safety.
5. Despite the fact he could not discuss contents of the item, all closed sessions have an agenda that is public and subject to a
Public Records Search under the law. Furthermore if the item was finalized then it becomes open to the public.
Therefore my request is simply as follows:
1. As a
Public Records Search under the law, I am requesting the date of
MPT Tay’s referenced closed session and a copy of the public agendized item referenced by
MPT Tay. Discussion and voting on a closed session item cannot take place unless agendized.
2. If this meeting did occur, please provide the reference in the
Brown Act that allows for such a meeting on the topic.
Note: Just saying, If it was a closed session isn’t it strange that he wrote, “As you folks remember”. How would anyone remember what had been discussed in closed session unless confidentiality had been breached?
Regards,
Laurie ThompsonFrom:
Stephen DeitschSubject: FW: Clarification - Request for Public Records
Date: April 26, 2018 at 11:08:34 AM PDT
To:
Laurie ThompsonCc:
Dominic LazzarettoDear Ms. Thompson,
Thank you for your follow-up
Public Records Act request.
I shall instruct the
City Clerk’s Office to aggregate all
City Council meeting agendas which included closed session items on the posted agenda over the past one year period. If you instead want to have the
City do so for a longer period than the one prior year, please inform me as soon as reasonably possible. The
City shall thereafter transmit these agendas to you.
Your request is otherwise vague, and for that reason among others, the
City is otherwise unable to reasonably respond to your request. To the extent the following somehow addresses your emails, there are no posted closed session agenda items which included a reference to ordinances related to public safety, and I am not aware of any violation of the
Brown Act concerning discussions of closed session items listed on posted agendas. Nor am I aware of any other
Brown Act violation.
The
Public Records Act requires a public entity to produce documents responsive to a request, but does not require a public entity to answer questions beyond providing documents. To the extent that your three emails concerning this matter have posed questions regarding closed session discussions, I can only refer to the email I transmitted to you yesterday in response to your first two emails, in addition to the above response.
Sincerely, Steve DeitschFrom:
Laurie ThompsonSubject: Re: Clarification - Request for Public Records
Date: April 26, 2018 at 2:44:21 PM PDT
To:
Stephen DeitschDear Mr. Deitsch,
Thank you for your reply.
For now, based on your statement, "there are no posted closed session agenda items which included a reference to ordinances related to public safety”, there is no need to use staff time to send me closed session agendas that document that public safety ordinances have never been included on closed sessions. You offered to send me one year of agendas but am I correct to assume that no such items were on closed sessions during
Sho Tay’s 4 year tenure ?
Regards, Laurie Thompson
From:
Stephen DeitschSubject: RE: Clarification - Request for Public Records
Date: April 26, 2018 at 2:51:45 PM PDT
To:
Laurie ThompsonCc:
Dominic LazzarettoMs. Thompson, the precise contents of my previous email would apply to all previous years, as well.
Sincerely, Steve DeitschMod: So there you have it. A clear confirmation from the City Attorney of the City of Arcadia that the Mayor Pro Tem, Sho Tay, was not telling the truth. And did so for the purposes of an illegal political campaign postcard designed to smear his fellow City Council members on the crime issue. Case closed.
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The postcard in Chinese. |
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