Local governments should do everything on Facebook. Maybe then we would find out what goes on. Things keep happening in Humboldt behind closed doors. I’m the type of person who only wants inside when someone shuts me out.
For instance, I was all set to ignore a new multi-agency committee, the Association of Humboldt Harbor Agencies, but local resident Larry Henderson had to tell me in a recent Times-Standard My Word that in its first meeting, the AHHA(!) decided it wasn’t subject to the California Ralph M. Brown Open Meetings Act. Henderson is a member of a citizen’s group called the Humbolt Bay Harbor Working Group, which wants to bring maritime business back to our humble port. That’s another group I have made a point of ignoring until it started some Brown Act hanky panky.
The Brown Act prohibits legislative agencies and their advisory committees from acting in secret. Henderson said members of AHHA decided that open meetings or public participation would cut into the time they needed for deliberation and discussion.
Understandable since the members have a one-year time frame in which to work. They are supposed to come up with a grand vision for the port and a 12-year plan for doing it. I got that from the minutes, taken down by Henderson, of the committee’s first meeting Jan. 29.
This is a curious committee. I’m glad they pulled me in by trying to shut me out. The members come two each from four agencies which share jurisdiction over Humboldt Bay: the Humboldt County Board of Supervisors, the city of Eureka, the Humboldt Bay Harbor, Recreation and Conservation District and the Wiyot Tribal Council. The meeting was led, though, by Susanna Munzell, a member of Henderson’s group. And a third member of the group, Karen Brooks, kept track of “talking points” on an easel.
According to the minutes, the new committee informed the members of the working group that they could no longer participate in the meetings, since the meetings would not be open to the public. However, the committee agreed to send the working group copies of all “business materials and correspondence” and further invited it to continue to act as community liaison to inform the public as to projects recommended …”
If this were Facebook, AHHA just accepted Henderson’s working group as a special friend and degraded the public (me) to acquaintaince. They get the news feed items. I don’t.
The working group brought this new multi-agency committee into being by drafting a resolution to the effect that the agencies would try to create jobs by supporting and promoting maritime commerce, including such things as cruise ships and bulk shipping. It then convinced each of the four agencies to adopt the resolution wholesale. It passed the Board of Supervisors last year, but then-Second District Supervisor Clif Clenenden and Third District Supervisor Mark Lovelace voted against it.
By the way, under AHHA’s adopted rules, it could take action as long as it has attendance by three of the agencies. Note to Wiyot Tribal Council: Make sure they have your correct contact info so they can let you know when the meetings are scheduled. I’m just saying.
Meanwhile, one of the first decisions the new committee made was to toss out its stated purpose. According to the minutes:
“The common goal is to create jobs and sustainable economic growth through Humboldt Bay’s Harbor. Comments were made to clarify that this common goal is that of the governing body of the individual agencies; and should not be deemed to be the committee’s purpose yet to be defined by the committee.”
I so want to ignore this committee, which with a one-year timeline to create a grand vision and a 12-year action plan, couldn’t figure out its main purpose by the end of its first meeting. It did agree that the working group would prepare agendas, minutes and “other documents as needed.” Munzell “explained that the working group’s motive is to minimize spending public money on the committee and its business, and to maximize transparency of the committee’s work.”
Thanks! How did you know that I would rather watch TV than read publicly available agendas and minutes and attend boring meetings! Now that the Humboldt Bay Harbor Working Group offered to do it for me, I can go back to watching The Voice. But your offer to keep all those documents at your place makes me want to read them.
This new AHHA so skirts the Brown Act. Under the Open Meetings Act, no majority of members of any agency could meet to discuss agency matters without proper notice to the public. And it doesn’t apply to just decision-making boards but advisory groups as well. But it doesn’t necessarily apply to multi-agency advisory groups. It does apply to committees created by resolution by a local government body. But this was one weirdly written resolution. It sort of created the committee.
This is just one of a handful of cases in Humboldt County of public agencies I now have to watch because they seem to be shutting me out. There’s the new committee the Eureka City Council created in closed session that would interview city manager candidates. The council initially refused to disclose the names of the people on it. Here was a great case of my not caring, except that THEN I SIMPLY HAD TO KNOW who was on that committee.
Then there is the oh-so-secret process taking place at Humboldt State University for the selection of our next president. In classic HSU fashion, the selection committee held a big all-campus meeting to find out what the campus thought would be important in a candidate. The audience consensus was for more transparency — better communication with students, staff and faculty. Then we found out that the identities of the candidates would be kept secret and the selection process would not include candidate visits to the campus.
Meanwhile, the Northern Humboldt Unified School District, which was caught last summer in violation of the Brown Act, subjected itself to a Brown Act training session. They learned the hard way that if you are trying to tamp down a scandal (last June, board member Dan Johnson gave a speech on behalf of the board at Arcata High School’s graduation that he found off the Internet, and then refused to apologize for his act of plagiarism) members can’t go emailing each other to get around public disclosure. Johnson missed the training session.
Maybe he was too busy interviewing for the job as HSU president. I wouldn’t know.
Marcy Burstiner is chair of the Department of Journalism and Mass Communication at Humboldt State University. She is usually the last to know.
This article appears in Boil Order.

Marcy, thanks. the Brown Act is a pain in the ass on purpose! I’ve sat on boards, (small, local) and although I couldn’t possibly know all of the rules, one was made very very clear, you must give the public the truth, and you cannot hide in secret meetings, or secret e-mails.
As a board member it may seem like the various individuals are trying to stop you just because they don’t like you personally, but their concerns are being voiced because they feel strong enough to challenge the process, a very American idea.
I’m surprised there aren’t more comments already posted. maybe you and I are the only ones outside the committee that cares. That would be sad for Humboldt.
If you like Brown act violations, go to a Harbor District meeting. Its scary how much goes on behind closed doors around there. Oh yea, guess who is heading the new AHHA committee, yup Mike Wilson.
This is entirely in keeping with the stealth takeover of the Board of Supervisors. Of course, if you know the names and you know who backs them, you will know what the agenda is.
A joint committee performing a task?
From the CA Attorney General’s Brown Act pamphlet:
When a legislative body designates less than a quorum of its members that does not constitute a standing committee to meet with representatives of another legislative body to exchange information and report back to their respective bodies, a meeting between the representatives would be exempt from the Act. …However, if a legislative body designates less than a quorum of its members to meet with representatives of another legislative body to perform a task, such as the making of a recommendation, an advisory committee consisting of the representatives from both bodies would be created. Such a committee would be subject to the open meeting and notice provisions of the Act. (Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 805.)
last paragraph, page 5 at http://ag.ca.gov/publications/2003_Main_Br…
(FYI–pamphlet is in places, Table of contents and intro at http://ag.ca.gov/publications/2003_Intro_B…
so you got the info for this column, including the supposed name of the committee, from the minutes and the op-ed by the Harbor Working Group, which is not part of the committee…ok.
down here in texas we have an open meetings act people get put away for doing behind the door stuff maybe y’all need some teeth into a proposition NO> ??? throw a few sneaks in jail and never hold office again???
You know, Marci, you are something else. How you are allowed to be Chair of HSU’ Journalism and Mass Communications and hold your job as political attack pitbull for Judy’s NCJ rag is something we need to look into. You are violating big time teacher’s obligation to NOT drag their personal or PAID political opinions into the classroom and now someone has to monitor your classes to see what you are teaching students.
Here you stand for Yellow Journalism like Judy, both of you trying to ratchet up hate speech and slander against your political opponents and using this NCJ venue to do so. This is you, Marci, doing ad hominen hate speech against a political opponent.
“They learned the hard way that if you are trying to tamp down a scandal (last June, board member Dan Johnson gave a speech on behalf of the board at Arcata High School’s graduation that he found off the Internet, and then refused to apologize for his act of plagiarism) members can’t go emailing each other to get around public disclosure. Johnson missed the training session.
Maybe he was too busy interviewing for the job as HSU president. I wouldn’t know.”
The Dan Johnson issue is over a year old and both you and Judy are still at the guy’s throat after thoroughly smearing him all over your rag for months last year. It’s sickening that you are an HSU Chairperson and propels me to contact HSU to find out how they allow paid Journalism teacher to work for political rags smearing local people’s names. We’ll find out if you are breaking California teacher rules about engaging in political work for pay while teaching students.
Have any of you ever thought this through before playing political football with the Brown Act? In ANY functioning decision-making group there MUST be a time when decision-makers can discuss the issues WITHOUT public input because that is the ONLY way to get past public political pressure groups, you know, the very kind that enviro and Prog activist love to field into any economic development issue in the community. How else to be able to talk to each other without a screaming audience in your face and emotions running all over place?
Grow up, Proggies and stop playing politics with community decision-makers. If you don’t like what they do, vote them out but this continual political sniping wars like Judy does with her gang of clones like Marci and former Ryan plus the staged attacks on Supes or Harbor Commission meetings, the only way to see around them for the public good is to be able to talk to each other–without pressure group influence.