The Court of Appeal reversed a San Bernardino Superior Court ruling that County Supervisor Dawn Rowe’s appointment to the Board of Supervisors violated the Brown Act, at the request of both parties.
The San Bernardino County Board of Supervisors and Inland Empire United, which challenged Rowe’s appointment, entered into a written settlement outside of the courts.
“This reversal is solely for the purpose of returning jurisdiction of the case to the superior court by vacating the judgment solely on the grounds of mootness. The superior court is directed to dismiss the underlying case with prejudice as moot,” the ruling says.
Rowe’s appointment
Rowe was appointed to fill a vacancy in the Board of Supervisors after the existing supervisors narrowed the applicant field by email Dec. 13, 2018.
Inland Empire United, led by Michael Daly and funded by the Tides Center, challenged Rowe’s appointment because the public was not able to witness the process.
A Nov. 8, 2019, judgment by San Bernardino Superior Judge Janet Frangie found that Rowe’s appointment did violate the Brown Act, and the California Constitution.
“Respondents violated the Brown Act by conducting an off the record seriatim meeting and vote on December 10, 2018 to select the 13 candidates who were then interviewed on December 11, 2018. Each Board Member deliberated on the applications for the Third District Supervisor position and then submitted his or her list of 10 names selected from the field of 48 applicants through a series of individual communications which were then collected and tallied by the Clerk for the purpose of obtaining a collective agreement by Respondents regarding which candidates in the 48-person applicant pool would be interviewed. This series of events constituted a meeting by Respondents where they took ‘action,’ see Gov. Code §54952.2, and did not fall within any of the statutory exemptions to the open meeting requirements of the Brown Act,” Frangie wrote.
Removal order
Frangie’s order directed the board to exclude Rowe from participating in meetings or board actions, and directed the board to immediately seat any person appointed to the supervisor position by the governor.
The board filed this appellate case following Frangie’s order. Before the Court of Appeal decided the case, the board petitioned for relief from the California Supreme Court.
Stay order
The Aug. 9, 2021 California Supreme Court ruling directed Frangie’s order to be stayed until the appellate court decided this case.
Rowe stayed as supervisor throughout her appointed term, and then was elected supervisor in the March 3, 2020, election.
As part of the settlement in this litigation, the parties agreed to request the appellate case moot, and to vacate Frangie’s judgment. Inland Empire United agreed not to attempt to enforce Frangie’s order.
Case information
Deborah Fox and Matthew Nazareth of Meyers Nave, William Donovan and Jason Strabo of McDermott Will & Emery and County Counsel Thomas Bunton represented the San Bernardino County Board of Supervisors. Assistant County Counsel Cynthia O’Neill represented Dawn Rowe.
Stacy Leyton of San Francisco’s Altshuler Berzon and Glenn Rothner of San Diego’s Rothner, Segall & Greenstone represented Inland Empire United.
San Bernardino Superior Judge Janet Frangie presided.
Superior Court case number CIVDS1833846
California Supreme Court number S260209.
Appellate Court case number E073730.
Read the Inland Empire United petition here.
Read Frangie’s ruling here.
Read the Supreme Court ruling here.
Read the appellate opinion here.
