Lisa Orr
Resident, District 4
City of Lake Elsinore, CA
October 30, 2025
To:
City Clerk
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
CC:
David Mann, Assistant City Attorney
Barbara Leibold, City Attorney
Subject: Brown Act Complaint Regarding October 28, 2025 City Council Meeting and Appointment Process for Vacant Council Seat
Dear City Clerk and Counsel,
I am submitting this formal Brown Act complaint regarding the October 28, 2025 Lake Elsinore City Council meeting, during which the Council conducted a vote to fill the vacant District 4 City Council seat.
During the meeting, Councilmember Sheridan requested that the rules for the vote be stated prior to proceeding. However, the applicable procedure, including how the voting threshold would be determined in the event of an abstention was never clearly explained on the record. Councilmembers were only informed that they could either nominate a candidate or abstain, without clarification as to how the outcome would be decided.
The final vote resulted in two votes for one candidate, one vote for another candidate, and one abstention (a 2–1–1 outcome). Despite the lack of a clear majority of the Council, the candidate receiving two votes was declared the appointee. This outcome raises concern as to whether the action was taken in accordance with the City’s policy requiring an affirmative vote from a majority of the Council present.
The City Council Policy Manual provides:
“The applicant(s) receiving an affirmative vote from a majority of the Council present shall be appointed.”
Despite this policy, the lack of clarity during the meeting led to public confusion and uncertainty about what constituted a valid majority for appointment. This omission is significant because it directly affected the public’s understanding of how the final decision would be reached. Under the Ralph M. Brown Act (Gov. Code §54950 et seq.), decisions made by the Council must occur in a manner that is open and clearly understood by both the public and the Council itself.
Additionally, during the September 23rd meeting, the Appointment Committee was described as being tasked with selecting one candidate to recommend for appointment.
However, at the October 28th meeting, two applicants were presented as committee recommendations in the staff report, without clear explanation of ranking or preference.
Despite this, the two were then verbally described as “choice one” and “choice two” during the meeting. This inconsistency between the previously stated process and the presentation of multiple recommendations created confusion for both the Council and the public and further undermined transparency.
Therefore, pursuant to Government Code Sections 54960.1 and 54960.2, I hereby demand that the Lake Elsinore City Council cure and correct any and all actions taken in violation of the Brown Act as described above. Specifically, I request:
1. That the City rescind the October 28, 2025 vote regarding the District 4 appointment and re-conduct the process in compliance with applicable law and City policy;
2. That the City pause any appointment action until a full review of these procedural issues is completed; and
3. That the City publicly clarify the rules governing appointment votes, including the definition of “majority of the Council present” in order to ensure full transparency and compliance.
As provided by Government Code Sections 54960.1(c)(2) and 54960.2(b), the City has 30 days from receipt of this demand to either cure and correct or inform me in writing of its decision not to do so. If the City fails to act within this period, I may seek judicial invalidation of the challenged action and request that the court order the City to pay reasonable attorney’s fees and court costs pursuant to Government Code Section 54960.5.
The Council and Assistant City Attorney’s actions, as described, were not consistent with the spirit or requirements of the Brown Act. The public, Council members, and applicants were deprived of clear information necessary for a lawful and transparent appointment process. Taking corrective action now would not only ensure legal compliance but also restore public confidence in the integrity of the City’s proceedings.
Please confirm receipt of this complaint and advise how the City intends to respond within the timeframe required by law.
Respectfully,
Lisa Orr
District 4 Resident
Lake Elsinore, California