Perry alleges board majority created "Subcommittee on Confidential Matters" that excluded her
Per paragraphs 65–68 of Perry's December 10, 2019 federal complaint, in June 2019 the board majority brought forward "a Resolution to Create a Board Subcommittee on Confidential Matters which would exist for a period of one (1) year, unless extended or terminated by a majority vote of the Board, and would consist of all members of the Board except [Perry]." Under the alleged scheme, the subcommittee would receive the board's delegated authority over matters that could otherwise be placed on a closed-session agenda under Government Code §54956.9 (pending or potential litigation) or §54957 (personnel). The complaint characterizes the subcommittee, in its own words, as a "coup d'état" by which the board majority sought to strip Perry of her ability to govern. The existence of this subcommittee-exclusion mechanism is the structural allegation that the September 17, 2020 final dismissal found "too conclusory" to sustain. These are allegations in a complaint subsequently dismissed.
People referenced
Citations (1)
- Perry v. Viloria — Complaint (Document 1, filed December 10, 2019) primary U.S. District Court, Central District of California (via CourtListener / RECAP)U.S. District Court, Central District of California (via CourtListener / RECAP) · Michael J. Aguirre, Maria C. Severson · 2019-12-10
Defendants' coup d'état involved the Board's delegation to the Subcommittee all authority of the Board with respect to matters which may be placed on an agenda pursuant to Government Code § 54956.9 (pending/potential litigation) or § 54957 (personnel) where, in the sole discretion and opinion of the of the Board, confidentiality concerns necessitate a delegation of the matter to the Subcommittee. The authority delegated to the Subcommittee would include the authority to take actions related to litigation, pending or anticipated, and personnel actions that are authorized to be taken in closed session.
Verbatim allegation (¶67) of the Perry v. Viloria complaint. The complaint's characterization of the resolution as a "coup d'état" appears verbatim in the operative pleading.