Politics & Government

Petrilla's Chances of Serving City and Country Take a Hit

The city staff has "significant concerns" the Brown Act can be adhered to, and the military indicates that it wants him to focus on his training.

Jesse Petrilla made a commitment to his country when he enlisted in the U.S. Army National Guard.

It’s a commitment that the National Guard wants him to focus on completely.

The city staff has completed its report for the City Council in advance of next week's meeting and indicated that Petrilla, who has five years remaining on his military commitment, faces severe obstacles if he wants to fulfill his role as reservist and city councilman while in tank school over the next four months.

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"Staff has significant concerns" that the open-meeting Brown Act can be adhered to, wrote City Manager Steve Hayman in a report that was sent to council members on Friday.

Petrilla could not be reached for comment.

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Failing to comply with the Brown Act is a deal breaker for any public official trying to do what Petrilla is attempting. Petrilla has indicated he wants to participate in City Council and other meetings through teleconferencing.

In the report by city attorney Greg Simonian, two military representatives indicated that Petrilla, a second lieutenant, will be hard-pressed to pull double duty while attending the Armor Basic Officer Leaders  Course (ABOLC)  at Fort Knox, KY.

He is scheduled to report on Feb.22 for a 115-day commitment.

In that time, he will miss six scheduled City Council meetings, as well as additional budget discussion meetings to prepare the city’s budget for approval on June 22. He is scheduled to return about June 17.

Under the direction of the city, Simonian was tasked with getting a military stance on the likelihood Petrilla and the public had the access to participate in those meetings via teleconference while complying with the Brown Act—for example, whether members of the public could be in the same room with Petrilla during the meeting—and whether Petrilla would have the time availability.

Tim Goblirsch, chief, administrative law at Fort Knox indicated fulfilling those terms could be difficult.

He said that Fort Knox is a closed installation and doesn’t permit open access except for those with authorized business, and also that the base can “not commit to a routine, continuing use of internet and speakerphone access for the public meeting requirements you have identified.”

As for the second issue about Petrilla’s time availability, Goblirsch indicated he would inquire with Petrilla’s instructor but “my assumption is that course organizers will strongly discourage this.”

On the second point, about Petrilla’s time availability, Goblirsch seemed to confirm a stance already taken by Maj. Chris Almaguer, who responded directly to an inquiry by Petrilla last week: “The course itself is very demanding physically and mentally and often requires officers to study long hours in their free time. Students are permitted to live in their own quarters and are released after duty hours with the premise that they complete homework and assignments. ... Free time and passes vary. Sometimes you work 10 days straight in the field, and sometimes you get days off in the middle of the week. The mission is the course, but there is free time. It is not ‘boot camp’ or lockdown.”

The city staff has determined that the technology to teleconference is not an obstacle.

The City Council will meet on Wednesday and will determine whether Petrilla should attempt to continue in his civic role.

However, Petrilla will already be in Fort Knox. If Petrilla, or the council, determines that he is likely unable to fulfill the necessary requirements—most notably the Brown Act—then it will determine what course to take for the nearly four months that Petrilla will be gone.

The City Council will have two options: It can leave the seat vacant and conduct business as a four-member council, or it can appoint a replacement who would conduct business as a full member of the council until Petrilla’s return.


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