Potential Brown Act Violations and Other Official Misconduct (2010-05-26 Colantouno Letter and...
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Attorney-client privilege waived by vote of the Council on July 6 , 2010; document authorizied for public release. M!chael G. Colantuono MColantuono&?CLLAW. (213) 542- 5739 Colantuono & Levin, PC 11406 Pleasant Valley Road Penn Valley, CA 95946- 9001 Main: (530) 432- 7357 FAX: (530) 432- 7356 WW. CLLAW. CONFIDENTIAL BY FEDEX AND ELECTIONIC MAIL to larry. blazer acgov. org May 26 2010 Lawrence Blazer, Assistant District Attorney Alameda County District Attorney s Office 7677 Oakport Street , Suite 650 Oakland, CA 94621 Re: Potential Brown Act Violations and Other Offcial Misconduct Dear Mr. Blazer: Introduction. As you and I discussed by telephone yesterday, Colantuono & Levin is acting as outside counsel for the City of Alameda and write to you to report potential Brown Act violations and other offcial misconduct by Alameda City Councilmember Lena Tam. Because some of these Brown Act violations occurred in relation to Tam s complaints about the performance of Alameda City Attorney Teresa Highsmith and to avoid any conflcts of interest the City Attorney and City Manager have asked us to provide independent advice in this matter and, if we find it appropriate, to report any violations directly to your office. Based on our review of the evidence available to us, we believe that Tam has engaged in numerous Ralph M. Brown Act , Governent Code sections 54950 et seq. (" the Brown Act" violations and other serious offcial misconduct , which warrant removal from office pursuant to a grand jury charge under Government Code sections 3060- 3075. We also conclude that Tam actions may warrant separate, criminal charges under the Brown Act. Accordingly, we provide this report and the enclosed evidence information. We describe below each of the suspected violations or acts of misconduct and the legal authority and evidence as to each. Attached exhibits to this report are the documents upon which our analysis is based and declarations of City Attorney Teresa Highsmith and Interim City Manager Ann Marie Gallant that attest to the genuineness of the exhibits and describe the relationships of various participants in the improper 98317.
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Potential Brown Act Violations and Other Official Misconduct (2010-05-26 Colantouno Letter and Exhibits) - City of Alameda, California 5/26/2010
Transcript of Potential Brown Act Violations and Other Official Misconduct (2010-05-26 Colantouno Letter and...
Attorney-client privilege waived by vote of the Council on July 6 , 2010;document authorizied for public release.
M!chael G. ColantuonoMColantuono&?CLLAW.(213) 542-5739
Colantuono & Levin, PC11406 Pleasant Valley Road
Penn Valley, CA 95946-9001Main: (530) 432-7357
FAX: (530) 432- 7356WW. CLLAW.
CONFIDENTIALBY FEDEX AND ELECTIONIC MAIL
to larry.blazer acgov.org
May 26 2010
Lawrence Blazer, Assistant District AttorneyAlameda County District Attorney s Office7677 Oakport Street, Suite 650Oakland, CA 94621
Re: Potential Brown Act Violations and Other Offcial Misconduct
Dear Mr. Blazer:
Introduction. As you and I discussed by telephone yesterday, Colantuono & Levin isacting as outside counsel for the City of Alameda and write to you to report potential Brown Actviolations and other offcial misconduct by Alameda City Councilmember Lena Tam. Becausesome of these Brown Act violations occurred in relation to Tam s complaints about the
performance of Alameda City Attorney Teresa Highsmith and to avoid any conflcts of interestthe City Attorney and City Manager have asked us to provide independent advice in this matterand, if we find it appropriate, to report any violations directly to your office.
Based on our review of the evidence available to us, we believe that Tam has engaged innumerous Ralph M. Brown Act, Governent Code sections 54950 et seq. ("the Brown Act"violations and other serious offcial misconduct, which warrant removal from office pursuant to agrand jury charge under Government Code sections 3060-3075. We also conclude that Tamactions may warrant separate, criminal charges under the Brown Act. Accordingly, we providethis report and the enclosed evidence information. We describe below each of the suspectedviolations or acts of misconduct and the legal authority and evidence as to each. Attached exhibits to this report are the documents upon which our analysis is based and declarations ofCity Attorney Teresa Highsmith and Interim City Manager Ann Marie Gallant that attest to thegenuineness of the exhibits and describe the relationships of various participants in the improper
98317.
