"If that were the law, then, virtually, that exception would swallow the entire Brown Act," Feccia said. "You could talk about anything and everything as long as you labeled it under the evaluation of the superintendent. . . . That is not the law. Never has been."
Due to the complicated nature of the law and the stringent requirements for criminal prosecution, Feccia says, the DA will not be prosecuting members who were on the board during that time—current board president Benecke, John Casabianca (no longer on the board), Mike Darnold, Draper, Shelia Henness (no longer on the board), Crystal Kochendorfer (no longer on the board) and Stiff. The findings will be sent as a report to every locally elected public official in the county; the board must formally accept the DA's findings and commit to ceasing violations of the Brown Act. If the board disputes the findings, the DA will move forward with a civil suit.