Like so many
other reporters, we hear a lot, yet we can’t say anything about it. So it was
with the Brown Act violations, committed by the budget committee of Big Bear
Lake. In January 2005, the City Council had to be reminded that the Village
Committee was a standing committee. This was confirmed by the City attorney,
Steven Deitsch, and a list of all the standing committees was sent to each of
the media, whereby the budget committee was listed as a standing committee. The
budget committee seems to fit the definition of a standing committee to a tee.
Every year the budget committee does the ground work, followed by a workshop
with all or most of the City Council members, and the final approval at a City
Council meeting. The budget is done on a yearly basis, with a mid-year budget
analysis to see if the budget is working as they had planned.
So what was
different this year? Apparently, Mayor Bill Jahn and Darrel Mulvihill are the
two City Council members on this committee and the two who must take the final
consequences for its decisions, allowed or decided that this year the budget
committee was an Ad Hoc committee. So on Monday, knowing that Dennis Large’ was
filing a complaint with the San Bernardino County District Attorney’s office on
the same day, they made a point of stating that there were three “Ad Hoc” budget
committee meetings and two workshops. The workshops were publicly noted as
mandated by the Brown Act; however the budget committee meetings were not. Then
at the end of the meeting when each council member is given the chance to state
things they had done, Mayor Jahn announced that the ‘ad hoc budget committee was
disbanded’.
Though
budget meetings are usually long and boring, they do show where the council
wants to put the taxpayers money. This can be especially valuable to the public
and the media. By depriving us of the notification of the three meetings, no one
could see how and why of the taxpayer’s money was to be spent on. At the City
Council meeting on Monday, Mulvihill made a big point that the roads and
drainage budget was increased to about $1.56 million dollars this year. Along
with this announcement, Mulvihill chastised a letter sent to the editor that
stated that $250,000 were spent on the failed Measure G. Mulvihill insisted that
the amount mentioned was false and that the person, who was sitting in the small
audience, should have checked his facts. Bear Valley News asked for a detailed
accounting, including Lew Edwards’ consulting fees, County election fees,
advertising, and printing fees for ‘Vote yes on Measure G’ signs, etc. We were
given a lump sum of about $125,000 and no detail to how much was paid for each
item. It seemed to us that now that Measure G was unable to find the two thirds
votes to pass the measure, their tone of the statements made was a defense of
their actions. Both Mayor Jahn and Mulvihill pushed very hard to convince the
public that Measure G was the right way to go, with some defensive spin that the
previous boards were to blame for not keeping up on the repairs that got Big
Bear Lake into the predicament it found itself in.
With Mayor
Jahn announcing that the budget committee was disbanded, it seems to us that
there is almost a cover up, by spinning the definition of standing committee. We
don’t think this will fly well with the DA’s Public Integrity Unit. Since the
budgets were approved, with no time to spare as the year end is June 30th, if
the DA finds that the City is in violation of the Brown Act, and then what could
the remedy be? The only thing we can think of is to invalidate the budget and
start from scratch. Aside from any fines levied, there will be the added cost of
staff time and effort of doing another budget.
The basic intent of the Brown
Act is to give the public a view into how their government works. This provides
trust in the government that it is doing the peoples’ business and not making
decisions in smoke-filled back rooms. This year the City failed to do this,
which only deepens the feeling of the public that there is a secret agenda. Even
if everything was on the up-and-up, the perception is that there was some kind
of hanky panky going on. In a time, where the City is being held up as being
ineffective in getting things done and having a sloppy past history of
accounting, one would think that they would be especially careful by making
everything public. BBARWA went through the same thing, and they got it. The City
law should be “when in doubt, make it public”. Then there is a government which
is transparent and can not be accused of doing something behind the people’s
back. When will the City Council get it straight?
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