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Menlo council to re-vote on mayor, vice mayor
Mayor election will be voided after possible Brown Act violations

by Sandy Brundage

Menlo Park council member Kelly Fergusson said in an e-mail Thursday (Dec. 9) that the election of mayor and vice mayor two days ago will be voided and the council will hold a special meeting to re-vote on both positions as a result of potential Brown Act violations on her part.

She made the statements in an e-mail sent to the Menlo Park City Council after she consulted the city attorney.

She said she takes full responsibility for potentially violating the Brown Act by holding one-on-one discussions with colleagues Rich Cline and Peter Ohtaki about her desire to become mayor, and will be "extremely careful" in the future.

As The Almanac reported on Wednesday, neither Cline nor Ohtaki said they knew she had spoken to more than one council member.

Fergusson, who has served on the council for six years, also said she will take a refresher course on the Brown Act.

Per council policy enacted in 1993, Fergusson and council member Andy Cohen are the two eligible candidates to become mayor. Both made a pitch for the position at the Dec. 7 meeting.

Almanac Staff Writer Sandy Brundage can be e-mailed at sbrundage@almanacnews.com.

Posted by concerned, a resident of Menlo Park, on Dec 10, 2010 at 12:03 pm

They are trying to compete with Atherton for 1st place in dysfunction ! Thank you Mr. Carpenter for your involvement

Posted by wow, a resident of the Adobe-Meadows neighborhood, on Dec 10, 2010 at 2:13 pm

"My resignation is a symbol of the respect I have for the Brown Act, and of my intention to be completely mindful and aware in the future and to act in full compliance with the law as I always have in the past."

Obviously a lot of lip service. If she had respect, she wouldn't have commited the violation in the first place. With six years on the council, she obviously knew about Brown Act rquirements so she either intentionally and flagrantly broke the law or is so forgetful she is incompetent to serve on council.

If the former, she ought to be prosecuted. If the later, she should resign and put some principles behind her tongue-wagging.

Oh by the way, how can she say she acts "...in full compliance with the law as I always have in the past" when she hasn't??

Posted by Mr. Fischer, a resident of Menlo Park, on Dec 10, 2010 at 10:47 pm

Ironically the brown act is a widespread tool used by many officials in East Palo Alto, Palo Alto, and definatley Menlo Park heres a clue,...ever been to campaign Bar B Que? ,...Well the act acually takes place before the meeting,.(Bar B Que),...Oh ! just ask the sponsor. Thank You Mr. Carpenter you sharp!!! Mi Pueblo Market in East Palo Alto had Brown Act written all over it. and now the Bay road? University Ave lot will wait a lot longer to be developed in East Palo Alto thanks to Carlos Romero. OOps! that slipped.