Fort Bragg, CA City Council Cancels Discussion of “Anticipated Litigation” After Citizens Raise Brown Act Concerns
During the Aug. 11 Fort Bragg City Council meeting, Mayor Jason Godeke called for public comment on the closed session listed on the agenda. Three citizens responded to the item, which referenced “anticipated litigation” with an undisclosed party.
Marcy Snyder questioned whether the litigation involved Mendocino Railway or another party. “The public does not have that information in order to actually make an informed or any kind of public comment,” she said.
Jacob Patterson recommended that the city “list everything you are going to talk about” to avoid violating the Brown Act.
Andrew Jordan also requested that the city be as transparent as possible.
According to David Loy, legal director of the First Amendment Coalition, the Brown Act’s requirement to disclose the identities of the parties depends on the nature of the litigation and specific circumstances. “If we're talking about a lawsuit that's already on file, the agenda has to state the name of the case or otherwise identify the case, or they have to say [the names of the parties] in the meeting itself,” Loy said.
There is an exception: The city council can withhold the name if they make a finding—stated in the agenda or in the meeting—that disclosing it would “jeopardize its ability to settle the case to its advantage.”
Neither the city attorney nor the mayor made such a finding in the meeting. Instead, Godeke announced: “We actually will not be—on the advice of our attorney—holding a closed session this evening.”
Other announcements and actions at the meeting included:
Expanded City Hall Hours: City Hall will remain open through lunch.
CV Starr Center Attendance: The CV Starr Center reported an increase of more than 4,000 admissions in June and July. The second annual Oktoberfest is scheduled for Oct. 4 at the center.
Construction Updates: The playground at Bainbridge Park was scheduled to close Aug. 13 for drainage improvements, repainting, and installation of surfacing compliant with the Americans with Disabilities Act (ADA). A soft reopening is anticipated in mid-September. Concrete work for 17 new ADA curb ramps around town is nearing completion.
Council Member Reports:
Grocery Outlet: Interior design permits are under review at the county.
Tribute to Terry Vaughn: Lindy Peters and Tess Albin-Smith honored the late Terry Vaughn, founder of Mendocino TV, recognizing his role in bringing transparency to council meetings through televised coverage when other options were unavailable.
New Vehicles: The city has received new fire and police trucks.
Sonoma Clean Power: Tess Albin-Smith described Sonoma Clean Power’s engagement with 20 tribes on clean energy initiatives.
Community Engagement and Cultural Initiatives: The council noted participation in National Night Out and ongoing community outreach.
Ad Hoc Culture and Education Committee: An art sign and interpretive panel at the Fort Building detail the history of the Mendocino Reservation. A meeting is set for Sept. 5 to gather input on future interpretive panels.
Consent Calendar: Approved unanimously.
“The Longest Table” Event: The council endorsed a plan to host Fort Bragg’s first “Longest Table” event on Oct. 5, 2025, on Franklin Street. The event aims to build community connections by inviting residents to share a meal at a long table provided by the city. Attendees are encouraged to bring their own food. The Mendocino Coast Humane Society will sell beverages as the nonprofit partner. The event is free, open to all ages, and intended as an inclusive community gathering.
Public Comment:
Several speakers addressed the installation of artificial turf on two small pickup soccer fields in Bainbridge Park, citing concerns about environmental impacts, toxic chemicals (PFAS) from ground-up tires, potential groundwater contamination, and the absence of a required Environmental Impact Report (EIR).
Speakers also commented on the retirement of Police Chief Neil Cervenka. Supporters praised his accomplishments, including the care response unit, mental health support for officers, community engagement, drug treatment programs, electric fleet vehicles, and the fentanyl task force. Critics cited a perceived increase in violent crime and questioned his leadership.