Laserfiche WebLink
<br />Attachment 3 <br /> <br />IlOPftT J. WIZClNI <br />NoH .. 8A'INlII <br />MAIDL.7.AFnIlAIlO <br />GlII!BOIlV J. ... <br />LH'lA'" NClUICr <br />.ee.tn.d.,....., f1~ L... <br />TlMI......, ..~ <br />80IId "l.lIQlI ~lallH <br /> <br />KATHLIIHA.IWII <br />l(A'l1Il).1CClIT1QIIW4 <br /> <br />LAW ClPFlC& <br />AARONSON. DICKERSON, COHN & LANZONE <br />A I'ROI'BIIIOIW. CClflPOti TlOH <br />n. lAUREL STReET, SUITE D <br />POST OFFICE BOX 10t5 <br />BAN CARLOS, CALIFORNIA 14070 <br />PHONE: 6liO-hW111 <br />FAX: 8500.831-1401 <br />www~ <br /> <br />lIIClHIJ!L AAROH$ON <br />(itlO-tMtl <br />MaINITJi.ll. IlICQIlIOff <br />r1~. <br /> <br />1II!1.\/IIll. COIIH <br />f"'~~ <br /> <br />ROean' J. LANZO,., I!llt. .. <br />!mill: rf~.com <br /> <br />September 2,2008, <br /> <br />Jeff Andrews <br />clo Allied W~ste <br />6800 KolI Center Parkway, Suite 320 <br />Pleasanton, CA 94566 <br /> <br />Re: HFH Consultants Composting Compliance Review <br /> <br />Dear Mr. Andrews: <br /> <br />We represent the South Bayside Waste Management Authority (SBWMA) and <br />have been asked to respond to your letter of August 27,2008 to Kevin McCarthy the <br />Executive Director of SBWMA. <br /> <br />Your letter addresses a staff report and information presented to the Board of <br />Directors of the SBWMA at a public meeting on July 24, 2008: As your attorneys will <br />confirm, statements made by public officials and their representatives at a public <br />meeting afe excepted from the rules with respect to so called defamatory statements or <br />communications made "in any other official proceeding authorized by Jaw". Califomia <br />Civil Code Section 47 (b), It is well established in Caflfornia law that statements made <br />In the course of local government proCeedings are privileged. Therefore, the <br />statements made in the SBWMA staff report of July 24, 2008, and made at the pubtlc <br />meeting of July 24. 2OQ8 are privileged communications and not subject to the rules of <br />defamation. The fact that a newspaper may have published articles about statements <br />or reports made at the meeting is not relevant here. <br /> <br />Further, the comments made with respect to the City of Mllpltas and use of its <br />plant materials as ADC, were corrected, at the meeting of July 24, 2008. on the record, <br />by the representative from HFH Consultants. With respect to comments made as to <br />Allied's contract compliance with the City of Fremont and use of its plant material as <br />ADC, we understand .that the Issue is still pending. <br /> <br />At this point in time, while we will look into the matter further, we will not be <br /> <br />22 <br /> <br />7A <br />Page 26 <br /> <br />ATTACHMENT 1 <br />