potential brown act violations and other official misconduct (2010-05-26 colantouno letter and...
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Potential Brown Act Violations and Other Official Misconduct (2010-05-26 Colantouno Letter and Exhibits) - City of Alameda, California 5/26/2010TRANSCRIPT
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.