San Diego

The San Diego County district attorney’s office has ended an investigation into whether the San Diego City Council knowingly violated the state’s Brown Act, which forbids secret legislative meetings.

In a letter delivered Tuesday to City Atty. John Witt, Dist. Atty. Edwin Miller said council members did not know they were violating the law when they met in their offices in June to discuss the $644-million municipal budget. “Therefore, this one crucial element failing, I find an insufficient basis upon which to commence a criminal investigation and I decline to do so,” Miller wrote.

The San Diego Tribune filed suit in San Diego County Superior Court, alleging that the public meeting on the budget in June was a “sham” because council members had decided on the budget in private. The council settled the suit last week by promising to abide by the Brown Act, without acknowledging any wrongdoing.

Steve Casey, spokesman for the district attorney, said council members were not aware that the Brown Act can be violated even in meetings of less than a quorum of council members. Because they were unaware of any violation, the criminal case is not worth pressing, he said.