Perhaps Some one will ask...... about.....
John Harper of:
Harper & Burns LLP
Dated: October 26, 2005
File Number A-05-199 Two members of a city council have been sued in their individual capacities by a developer, and are paying defense costs from personal funds. Because the developer states that it will dismiss the action if its projects are approved by the city council, the defendant officials are disqualified from taking part in governmental decisions relating to these projects since it is reasonably foreseeable that the outcome of these decisions will have a material, personal financial effect on them.
Gramps thinks the Citizens of the City where this is or has taken place have the Right to know about this situation, as it may have an impact on the other council members, and the input given to them by the City Attorney, and City Staff. The above Could be Grand Terrace Council Members or one of the other City's Mr. Harper sits as the City's Attorney. The DEAL and the ADVISE he gives is troubling as it seems to HIDE the issue from the public, as apparently the Council Members know, and the Developer knows, so the only ones not being informed of the situation is that is .... The... the public..
Interesting view of who is being served by the advice.
FPPC Advice Summaries
Formal written advice provided pursuant to Government Code section 83114 subdivision (b) does not constitute an opinion of the Commission issued pursuant to Government Code section 83114 subdivision (a) nor a declaration of policy by the Commission. Formal written advice is the application of the law to a particular set of facts provided by the requestor. While this advice may provide guidance to others, the immunity provided by Government Code section 83114 subdivision (b) is limited to therequestor and to the specific facts contained in the formal written advice. (Cal. Code Regs., tit. 2, §18329, subd. (b)(7).)Informal assistance may be provided to persons whose duties under the act are in question. (Cal. Code Regs., tit. 2, §18329, subd. (c).) In general, informal assistance, rather than formal written advice is provided when the requestor has questions concerning his or her duties, but no specific government decision is pending. (See Cal. Code Regs., tit. 2, §18329, subd. (b)(8)(D).)
Formal advice is identified by the file number beginning with an "A", while informal assistance is identified by the letter "I." Letters are summarized by subject matter and month issued.