2 councilmen at odds over suggested settlement of suit
MOUNT PLEASANT — Councilman Joe Bustos on Tuesday described as "bizarre" Councilman Gary Santos' suggestion that the town settle a lawsuit brought by Planning Commission member Steve Brock alleging council violations of the state Freedom of Information Act.
"It may be prudent to settle this lawsuit and save the taxpayers a substantial amount of money," Santos said in a July 9 e-mail to council members. On Tuesday, Santos said, "My comments were only put forward because of the cost of this litigation." He noted that the town is facing "tremendous budget cuts."
In his e-mail, Santos raised the issue of settling the lawsuit in part because of the expense of providing copies of council and council committee meeting tapes to Brock's attorney.
According to an internal memo dated July 8, the cost of providing copies of 250 meeting tapes was $10,750. Town Attorney Allen Young said Tuesday that the cost of providing the meeting tape copies will be a maximum of $5,000.
Brock had no comment Tuesday. His suit asks a judge to rule that council has violated the FOIA, and to issue an injunction to prevent future violations. It also asks that the town pay his attorney fees. The town's response denies the allegations and asks that Brock's suit be dismissed.
In his July 9 e-mail, Santos recommended that the town settle Brock's suit in part because Bustos last year participated in September and November meetings of the four-member Council Planning and Development Committee in violation of the FOIA.
Bustos is not a committee member. Bustos' participation in the meetings constituted a council quorum, which meant council was in session rather than its Planning and Development Committee, Santos said.
"I just thought it was really bizarre that one of our council members would come out ... saying that we ought to settle this thing," Bustos said Tuesday. "I asked (Santos) if he felt I had violated the FOIA. He chose to be quiet," Bustos said.
Bustos said council members who are not committee members have a right to speak at committee meetings as members of the public. They cannot vote, he said.
For six years Santos has raised the issue of council members who are not committee members joining a committee at its official table and engaging in debate about items on the agenda.
Bustos said that in a crowded committee chamber, a council member who is not a committee member who sits at the committee table frees up a seat in the audience for the public.
Brock and council clashed over Central Mount Pleasant, a 110-acre residential and retail development. The commission recommended denial of the project, but council in May 2007 approved it in a 5-2 vote.
Save Hungry Neck Corridor LLC sued council on July 9, 2007, alleging that it illegally disregarded the Planning Commission's rejection of Central Mount Pleasant.
When Bustos pressed to reveal the identity of the limited liability corporation, the group last September proposed a settlement, which was accepted, in which the suit would be dropped with the stipulation that the LLC would remain anonymous.
Reach Prentiss Findlay at 937-5711 or pfindlay@post andcourier.com.
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Comments
This article has 4 comment(s)
Posted by Bosco on July 16, 2008 at 11:01 a.m. (Suggest removal)
I agree...a pretty lame excuse about freeing up seats in the audience. Sounds like Bustos has something to hide. Good for Mr. Brock for bringing this out in the open. I wasn't able to vote against Bustos in the election, but a part of me wanted him to win so he'd be gone from Town Council. Most of Town Council needs to be gone as they seem totally lost on many issues.
Posted by bigwhip on July 16, 2008 at 11:35 a.m. (Suggest removal)
Early, how many committee meetings have you been to? Talk to some of your council members, other than Bustos & Santos and they can shed some light for you. Nothing goes on in a committee meeting that is not in the minutes which can be obtained by anyone. I know of one council member, possibly two that could have sued Santos over accusations he made about secret meetings. Santos is a distraction at best and a good reason for term limits to be enacted. No one has anything to hide. I'm surprised he hasn't contacted soccer moms, baseball dads,etc to have apublic hearing on laying down in front of Brock and giving him the money. Santos is tax & spend and Brock is a troublemaker.
Posted by Bosco on July 16, 2008 at 7:18 p.m. (Suggest removal)
bigwhoop....I'm more interested in what goes on in those executive sessions. Something tells me it is a bit more than they let on. I would also love to see emails that were sent back and forth on certain subject matters...maybe some discussion that should have been done out in the open? Something tells me Bustos leads in that category. Bustos is freakin cuz he knows he's been busted...but I do love to see him squirm.
Posted by protagonist on July 23, 2008 at 9:59 a.m. (Suggest removal)
The reason Gary Santos suggests the town settle on the suit is because Brock and Bob Miller (remember him) have agreed to get Gary elected Mayor, when Harry decides to step down. This is nothing more than helping out your campaign managers while discrediting your council colleagues and the town attorney.