Edgar v. Oakland Museum Advisory Commission

Opinion

ROUSE, J.

Plaintiffs, cochairmen of the Oakland Lawyers’ Committee Project and residents of the City of Oakland, brought this action to obtain

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declaratory and injunctive relief against the Oakland Museum Advisory Commission and the individual members of said body.

The facts disclosed by the record show that on February 17, 1970, an open, noticed special meeting of the Oakland Museum Advisory Commission was held, commencing at 8:30 a.m.; that at 9:15 a.m. the commission recessed its meeting and convened in an executive (closed) session to consider the selection of a chairman and vice-chairman to fill the unexpired terms of said offices for the remainder of the ensuing term ending June 30, 1970. The executive session was concluded approximately 30 minutes later, and the open meeting then reconvened, at which time Commissioner Lange advised that at the executive session he and Commissioner Gibson had been elected chairman and vice-chairman, respectively, for the remainder of the ensuing term, ending June 30, 1970. The minutes of the commission disclose that the election process was then repeated, in open session, and that said persons were unanimously elected to the offices indicated. The commission held a special, open and noticed meeting one week later, at which time the names of Lange and Gibson were again placed in nomination and they were again unanimously elected chairman and vice-chairman for the term previously indicated.

On July 2, 1970, their terms of office having expired, Lange and Gibson were again unanimously elected chairman and vice-chairman, respectively, for a one-year term. The. July 2 meeting was open and had been duly noticed as a regular meeting.

Plaintiffs filed their complaint on July 29, 1970, challenging the validity of the election of officers of the commission on the grounds that said election originated in a secret meeting in violation of section 54950 et seq., of the Government Code.

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By their action plaintiffs sought a judicial declaration that defendant commission was subject to section 54953 of the Government Code and that defendants Lange and Gibson could not legally act as chairman and vice chairman of said commission. Plaintiffs also sought an injunction permanently prohibiting defendants from excluding the public from any meeting held for the purpose of electing officers or conducting any other business proscribed by sections 54950 through 54960 of the Government Code.