Planning Commission Has Online Agenda Snafu

The Newark Planning Commission posted an incorrect agenda on the City of Newark's website, and didn't discover the error until Tuesday, the day of the scheduled meeting.

The goof raised questions about whether the meeting would then be in violation of California's Brown Act, which guarantees the public’s right to attend and participate in meetings of local legislative bodies.

However, according to a Planning Commission member, the city's community development director, Terrence Grindall, felt there was no Brown Act violation because the correct agenda was posted in three physical locations, and the city website is not considered a "place."

The glitch apparently came about when a city employee posted the agenda for an Oct. 26, 2010, planning commission meeting rather than the Oct. 25, 2011, agenda.

Newark Patch picked up the wrong agenda and posted it as well. A planning commissioner who saw it on Patch noticed it included information on items that had been acted on a year previously.

The commissioner notified the Community Development department of the error shortly before noon on Tuesday, but the wrong agenda was still on the website late Tuesday night, reportedly because the person who updates the website was not at work Tuesday.

The Brown Act requires posting of an agenda for a regular meeting of a  legislative body (such as a city council or planning commission) to be posted at least 72 hours prior to the meeting. The agenda must, at a minimum, include a brief general description (approximately 20 words long) of each matter to be considered or discussed at the meeting.

A call to the city manager's office was not returned, and Newark Patch was unable to contact City Attorney Gary Galliano Tuesday.

City Clerk Sheila Harrington said Wednesday that the correct agenda was posted at the following three locations: Newark Library, George M. Silliman Recreation Complex and City Hall.