Cypress councilmembers did not violate California’s open meeting laws when they met last year to discuss legal action related to the city’s election structure, a judge has decided.
The City Council met in March 2022 behind closed doors, amid challenges to its at-large election system. City Attorney Fred Galante said at the time that the council was permitted to meet privately to “receive advice from its legal counsel regarding pending litigation.”
And it seems an Orange County judge agrees.
Judge Erick Larsh, in an order issued last week, said there was no evidence that the City Council “did not comport themselves in conformance with the Brown Act.”
“There is a rebuttable presumption that elected officials will follow the law in discharging their official duties,” the order said. “Speculation and innuendo are not sufficient to rebut the presumption.”
The city was sued by open-government watchdog group Californians Aware, which accused the council of meeting “unlawfully” multiple times to discuss and vote on whether to transition to by-district elections. The council ultimately rejected efforts to change its election system, even as other cities adopted district voting.
“While I am pleased that Judge Larsh rejected Californians Aware’s ill-conceived lawsuit and its efforts to make Cypress taxpayers pay for their lawyers, I am deeply troubled that special interests from outside Cypress continue to use the legal system to blindly pursue an agenda that threatens our community and our democracy,” Mayor Anne Mallari said.
“As we head into 2024, I am glad the City Council can refocus on serving the community and ensuring Cypress continues to be a great place to live, work and play,” she said.
Galante, too, heralded the order, saying the city was “vindicated.”
Californians Aware’s general counsel did not immediately respond to a request for comment Friday.
Cypress, along with other California cities, have faced legal challenges in recent years over how councilmembers are voted into office. Proponents of district voting say the traditional at-large system — in which voters decide on all council seats as opposed to only choosing one who lives in their district — violates the California Voting Rights Act.
The Southwest Voter Registration Education Project and two residents sued Cypress over its decision to keep its at-large system.
