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Received After Agenda Printed <br />April 10, 2018 <br />Item No. 12 <br />April 10, 2018 <br />Mayor Duffield <br />Members of City Council <br />City of Newport Beach <br />Dear members of City Council, <br />This letter is to call your attention to what i believe is a substantial violation of a central <br />provision of the Ralph M. Brown Act, one which may jeopardize the finality of the action <br />taken by Newport Beach City Council. . <br />The nature of the violation is as follows: In its meeting of March 27, 2018, four members of <br />the Newport Beach City Council conspired to, and did, take action to terminate the <br />employment of City Manager Dave Kiff by acknowledging an alleged request by Mr. Kiff, <br />apparently made under duress and threat of termination without cause, to have his current <br />employment renegotiated and prematurely concluded. <br />The action taken was not in compliance with the Brown Act because it occurred as the <br />culmination of discussions over a period of weeks by a majority of the city council members <br />in private, either directly or through intermediaries. The Act does not allow for this type of <br />clandestine activity, either in closed session or outside of a properly scheduled meeting. <br />There was no adequate notice to the public on the posed agenda for that meeting that the <br />matter acted upon would be discussed and there was no finding of fact made by the <br />Newport Beach City Council that urgent action was necessary on a matter unforeseen at <br />the time the agenda was posted. In violation of the Act, the matter was premediated, <br />preapproved and choregraphed. <br />I call your attention to California Government Code Section 54952.6, which defines "action <br />taken" for the purposes of the Act as "a collective decision made by a majority of the <br />members of a legislative body, a collective commitment or promise by a majority of the <br />members of a legislative body prior to an open meeting) to make a positive or negative <br />decision, or an actual vote by a majority of the members of a legislative body when sitting <br />as a body or entity, upon a motion, proposal, resolution, order or ordinance. " <br />