Updated: Park Board Voted Improperly on Gun Law, Official Says

Updated at 5:45 p.m. July 22, 2011

In their eagerness to weigh in on a proposal to allow guns to be toted in city parks, San Juan Capistrano advisory board members violated the state's open meeting law.

Even though it wasn't placed on the board's agenda, as required under California law, the city's Parks, Recreation and Senior Services Commission voted unanimously Monday to take a stance on the issue.

The city's attorney said the public should have been notified about the commission's plan to vote.

"Unfortunately, the public would not have had sufficient notice to know that it was a topic that the commission was going to discuss," City Attorney Omar Sandoval wrote in an e-mail. "Thus, the discussion and vote should not have occurred."

Sandoval said the commission can correct its action at its next meeting. If it doesn't, the decision will be held null or void.

The request to make a recommendation to shoot down the gun-law proposal came from the commission's chairwoman, Kathy Hooper, who said:

"Our responsibility is for the safety of the people on their recreation time in our parks and in our recreation areas ... This is something we really need to make sure the council knows how we feel."

They discussed, and subsequently voted on, the issue during the portion of the meeting set aside for remarks from commissioners and city staffers.

The Brown Act says legislative bodies, such as the Parks and Recreation Commission, cannot take action on any item that does not appear on the agenda. There are a few exceptions:

- They may briefly respond to statements made or questions posed by citizens exercising their public testimony rights.

- Upon a determination by a majority vote that an emergency situation exists.

- Upon a determination by a two-thirds vote ... that there is a need to take immediate action and that the need for action came to the attention of the local agency after the agenda was posted.

Sandoval also said in the e-mail that he and city staffers "are also working to identify ways to better assist our commissions with Brown Act compliance, including scheduling Brown Act training for all commissioners."