Quirk Violations: San Dieguito Drive

The April 15, 2024 City Council Resolution censuring Councilmember Dan Quirk found that Quirk violated the Brown Act and Council Policy 314 by improperly disclosing confidential information from a July 24, 2023 closed session of the Council relating to San Dieguito Drive. The City and San Dieguito Drive property owners were negotiating terms and conditions for improvement of the road, including cost sharing, and potential dedication of the road to the City.

The Resolution finds that confidential details improperly disclosed by Quirk to members of the public included specific statements or positions of other Councilmembers shared during the Closed Session. After Quirk and other Councilmembers received a confidential email from the City Attorney about the potential improper disclosure, he phoned and confronted someone, asking whether they were the party who alerted the Council about the disclosure of confidential information, according to the Resolution.

The Brown Act’s open meeting provisions provide for closed sessions on real property negotiations to protect the public’s interest.  “Leaks of negotiating strategies and positions typically result in the public getting a less favorable deal… The leak is a breach of the leaker’s legal and ethical responsibilities to his or her constituents,” according to the Institute for Local Government.