City attorney says council likely violated Brown Act; Arts Commission action on Bogart statue voided

Summary

City Attorney Ballinger reported that in closed session the council was advised that a potential inadvertent Brown Act violation occurred related to prior Arts Commission action on a Frank Bogart statue; council will treat the Arts Commission’s Jan. 7 action as void and the statue will remain in storage.

At the start of the Jan. 14 meeting the city attorney reported out of closed session that the council had met earlier to discuss a potential Brown Act violation arising from a November discussion about the Frank Bogart statue. The city attorney said, based on advice, the council concluded an inadvertent Brown Act violation likely occurred and, in the interest of transparency, will treat the Arts Commission’s Jan. 7 action as void.

"Based on the advice of the city attorney, the city council is of the opinion that a potential inadvertent violation of the Brown Act occurred at that November meeting," the city attorney said. As a result, the council said the Bogart statue will remain in storage and there was no other reportable action from the closed session.

The disclosure is a formal acknowledgement by the council and signals an administrative remedy rather than civil litigation announced in the meeting record; staff did not report additional corrective steps beyond treating the prior Arts Commission action as void.