HomeMy WebLinkAbout _ 3A--Closed Session - Anticipated Litigation � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: January 16, 2024 FROM: Natalia Ebersole, Assistant
ITEIVI NO. 3A City Attorney
***APPROVED BY***
nebersole@cityofredding.org
SUBJECT: 3A--Closed Session - Anticipated Litigation, One Case
Recommendation
Closed Session pursuant to California Government Code Section 54956.9(d)(2) & (3):
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant Exposure to Litigation
One potential case
Attachments
^Threatened Litigation CA Agenda Memo with Letter
, ^ � �I'I 9� .,i . �
� ' � ` INTERNAL
�M
� - COMMUNICATION
DATE: January 16, 2024
TO: Sharlene Tipton, City Clerk
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FROM: Natalia K. Ebersole, Interim City Attorney
RE: Record of Significant Exposure to Litigation Pursuant to
Government Code section 54956.9(e)(3)
On December 29, 2023, Kathryn McDonald sent a letter to the City Council, wherein she alleged
that the City Council's action in selecting the new mayor and vice mayor on December 5, 2023,
violated California Government Code § 54956 and demanded that the City Council "cure or
correct" this action by "void[ing] the selections of Tenessa Audette as Redding Mayor and Julie
Winters as Vice Mayor and select a new City of Redding mayor and vice mayor in keeping with
the requirements of the Brown Act," in accordance with California Government Code § 54960.1.
In the opinion of the Interim City Attorney,the City Council's exposure to litigation is significant.
Ms. McDonald's intent to initiate litigation is confirmed by her written demand submitted to the
City Council which, pursuant to Government Code § 54960.1, is a prerequisite to commencing an
action by mandamus or injunction to obtain a judicial determination that the City Council's action
in selecting the new mayor and vice mayor on December 5, 2023, violated the Brown Act.
As such, pursuant to Government Code § 54956.9(e)(3)this memo and Ms. McDonald's letter of
December 29, 2023, shall be attached to the agenda setting forth the scope of the Special Meeting
of the City Council of the City of Redding on January 16, 2024.
sel
Attachment
December 29, 2029
Redding City Council
City of Redding
777 Cypress Avenue
Redding, California 96001
Dear Redding City Council members,
This letter is to call your attention to what I believe was a substantial violation
of a central provision of the Ralph M. Brown Act, one which may jeopardize the
finality of the action taken by the Redding City Council on December 5, 2023.
In the December 5 meeting, the City Council took action to select a new mayor
and vice mayor for the City of Redding for a one-year term beginning on the
date of that meeting. In so doing, the Redding City Council took "action" as
defined in Govt. Code 54952.6 as follows:
• A majority of the members took a vote when sitting as members of the
Redding City Council to select a new mayor and vice mayor.
I believe this action violated the Brown Act as follows:
• There was no discussion of their reasons for their vote by the three City
Council members (Ms. Tenessa Audette, Ms. Julie Winters, and Mr. Jack
Munns) who voted for Ms. Audette for mayor and Ms. Winters for vice
mayor. The selections of Ms. Audette and Ms. Winters as mayor and vice
mayor were not in keeping with the City Council's traditional practice of
selecting the current vice mayor to become the new mayor. As shown at
minute 32 on the video of the December 5, 2023, City Council meeting
provided on the City of Redding's website, Mr. Munns stated before the vote,
"We're doing what we think is right." Recognizing that this statement
revealed his prior knowledge of how other Council members would vote,
which would be a violation of the Brown Act, Mr. Munns attempted to
correct his admission of this violation by then stating, "I'm doing what I
think is right."
• An additional indication that Ms. Audette reached an illegal agreement with
Ms. Winters and Mr. Munns that she would become the City of Redding's
new mayor is shown on her Late Contribution Report dated October 3, 2023,
for her Tenessa Audette for Assembly campaign. On this report, she shows
herself as Mayor of Redding. She submitted this report to the California Fair
Political Practices Commission more than two months before the City
Council selected her as mayor at its December 5, 2023, meeting.
The action violated the Brown Act because three members of the City Council
obviously agreed prior to the December 5, 2023, City Council meeting to elect
Ms. Audette as mayor. This action is in violation of the requirements of Gov.
Code § 54956.
As you are aware, the Brown Act creates a legal remedy for illegally taken
actions—namely, the judicial invalidation of them upon proper findings of fact
and conclusions of law.
Pursuant to Government Code Section 54960. 1, I demand that the Redding City
Council cure and correct the illegally taken action as follows: void the
selections of Tenessa Audette as Redding Mayor and Julie Winters as Vice
Mayor and select a new City of Redding mayor and vice mayor in keeping with
the requirements of the Brown Act.
As provided by Section 54960.1, you have 30 days from the receipt of this
demand to either cure or correct the challenged action or inform me of your
decision not to do so. If you fail to cure or correct as demanded, such inaction
may leave me with no recourse but to seek a judicial invalidation of the
challenged action pursuant to Section 54960.1, in which case I would also ask
the court to order you to pay my court costs and reasonable attorney fees in this
matter pursuant to Section 54960.5.
Respectfully yours, `
Kathryn McDonald
824 Yuba Street
Redding, California 96001
sacrivereditin�(�a,gmail.com
cc: Barry Tippin, Redding City Manager; Natalia Ebersole, Redding Assistant
City Attorney