Calexico City Council accused of Brown Act violation

Calexico residents said the City Council is in violation for allegedly discussing a proposed cannabis ordinance without a public forum.

Ben Horton said, “We had three city council persons talking in favor of it on record, which, if you look at that, that is a clear violation of the Brown Act when you’re having more than two talk about an issue.”

Horton said the council members discussed in favor of voting to approve the retail sales expansion of cannabis on the city’s north end. That vote goes before the next city council meeting.

The Brown Act promotes transparency and guarantees public participation in local government. It requires when a majority of officials gather for discussion, the public must be informed and there must be an agenda. Horton alleges none of those requirements were met.

“They were on the daises talking on the record in favor of the planning commission to pass to move forward to the city council for the dispensaries,” Horton said.

Horton and some residents plan to file a formal complaint with the District Attorney’s Office.

Council member Bill Hodge said they’re looking into the matter.

“This is what’s got me concerned. And if I had – and I’m being honest – if I had thought about it at all facts, I would have not, knowing that there were two others speaking, I would have not said anything,” Hodge said.

Residents plan to block the voting on the cannabis expansion issue at next Wednesday’s council meeting until the alleged violation complaint is resolved.

“I’m concerned because I want to do the right thing. And I don’t want any violations for our city,” Hodge said.

We reached out to the Assistant City Manager for clarification or comments on the issue, but he was not available for comment.