Galen Kusic
Editor
The Locke Management Association has been accused of various Brown Act violations, but this may take the cake.
On December 13, the LMA approved to raise homeowner’s assessment fees by 20 percent. In the CC&R’s, it states that to raise assessment rates by even five percent, it would take a 51 percent vote from homeowners. In this case, they were not allowed the opportunity to vote or even voice their opinion.
These supposed assessment increases are to cover the LMA’s legal expenses, in which they initiated. The lawsuit filed by the LMA against Martha Esch for buying a house on Levee Street for $21,000 has created a major dent in the LMA’s operating budget of near $50,000.
This case is nowhere near being over, and the LMA seeks to increase assessments on the taxpayer’s backs in Locke.
Esch’s attorney, Mark Wasser, sent a letter to the governing board about the assessments with a demand to cure and correct the action. There was no public comment or public testimony provided by the LMA on the assessment increase, another Brown Act violation. If the LMA does not correct the action, Wasser will file civil suit on the issue.
It states, “On Dec. 13, the governing board took action to increase assessments imposed on property owners within the town of Locke. However, the publicly posted agenda for the meeting did not contain any reference to assessments or to any proposed discussion or action to increase assessments. The agenda did not ‘contain’ a ‘brief general description” of any item pertaining to assessments.
It continues, “the governing board’s action also violated Government Code section wich requires that, before any assessment can be imposed or increased, the governing board must “conduct at least one public meeting” at which testimony on the proposed new or increased assessment is received. No public meeting was conducted on the subject of new or increased assessments and no testimony was received.”
It is speculated that several times the LMA met behind closed doors without its attorney Stephen Beede, a direct violation of attorney/client privilege.
It’s been in limbo as to whether we are under the Davis-Sterling Act for the past year and a half,” said LMA director Ernie Wester. “There are many actions on the board that remain in limbo with no definite answer.”
Several board members have even questioned Beede’s competence as an attorney.
“I don’t think the LMA is taking this case very seriously,” said Wasser. “Regrettably this is costing the LMA more in the long run. I don’t think they get it. It’s very disturbing.”
While it could be said that the LMA is raising assessments to pay for their countersuit from Esch against the board for numerous Brown Act Violations, former LMA chairman Clarence Chu confirmed in a deposition Jan. 9 that the reason for raising the assessments was to pay for the lawsuit against Esch.
Pat Braziel, representing Sacramento County on the board spoke that assessments were “only being raised to what they should have been.”
To sum it up, the LMA violated the Brown Act on three separate issues: The LMA took an action and voted to raise assessments on all homeowners of Locke, the LMA did not list assessments on the agenda, and disallowed public comment on the subject. Those are three direct violations of the Brown Act no matter how one looks at it.
“The Brown Act case against the LMA has only taken up two hours,” said Wasser. “The other case against Ms. Esch has substantial costs.”
Wester has been outspoken of LMA practices in the past year and a half sitting on the board as a resident at large. It still doesn’t seem to get through. Wester was the only board member to vote no on the assessment increases, while Darrell Woo noted that this issue needed a closer look taken. Instead, it was approved.
“I think all the chips are going to fall where they lie,” said Wester. “This board is completely inept. I keep on speaking up to what I believe is the truth. I can’t get any dialogue.”
As the debacle continues, the rest of Locke is attempting to realize why they will be paying 20 percent extra for an assessment that was not even put on the agenda. There is currently a petition circling throughout town to dissolve the LMA as an agency.
“The LMA has to bridge this gap,” said Wester. “The people in this community don’t trust the LMA. There needs to be contact with people. We’re not representing the County Board of Supervisors, we’re representing the people of Locke.”
In other Locke news, Tina Giannetti-Malabot will hold the vacant commercial seat and Lo Giannetti will hold the residential seat on the LMA. Tina was appointed Chairman after Clarence Chu stepped down at the January meeting.
After a job recruitment process, the LMA has hired a new property manager to take the place of Shirley Roberts who recently resigned. Wayne Miller is his name, and he intends to represent Locke in the best way he can with over 40 years of management experience.
“My policy is to negotiate instead of call an attorney,” said Miller. “You have to listen to what the people are saying, and keep people talking productively. It’s about getting to where everybody can work with it.”
It remains to be seen, but the new faces on the board might have a big impact on Locke – improving the town and increasing visitors, revenues and historic preservation. |
