Vasquez

I. BACKGROUND

In 2008, the franchise for residential waste collection in Montebello was held by intervener Arakelian Enterprises, doing business as Athens Disposal Company (Athens). Athens had been the City’s residential waste hauler for over 40 years, but a number of companies provided commercial waste services. Athens’s executive vice-president, Dennis Chiapetta, was approached by defendant Robert Urteaga, who suggested that Athens consider seeking an exclusive commercial waste hauling contract.3 During subsequent negotiations over adjustments to the residential contract, City representatives invited Athens to submit a proposal for a commercial and industrial waste hauling contract. Chiapetta agreed. He negotiated primarily with the city administrator, defendant Richard Torres, but also with the city attorney. Chiapetta said Torres had previously opposed the idea of an exclusive contract, but changed his mind because the waste hauling industry was undergoing

SLAPP is an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57 (Equilon).) Hereafter, unspecified statutory references are to the Code…

The City of Montebello sued three of its former council members and a former city administrator, claiming they violated Government *413 Code section 1090 by voting on a waste hauling contract in which they held a financial interest. 1 It sought to invalidate the contract and force defendants to disgorge campaign contributions made by the company that was awarded the contract. Defendants moved to strike the complaint under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.) 2 The trial court denied the motion, and the Court of Appeal affirmed.

We hold, as did the courts below, that this case does not come within the statutory anti-SLAPP exemption for public enforcement actions. However, the votes cast in favor of the contract at issue were protected activity under section 425.16. The Court of Appeal’s judgment to the contrary is reversed.

I. BACKGROUND

In 2008, the franchise for residential waste collection in Montebello was held by intervener Arakelian Enterprises, doing business as Athens Disposal Company (Athens). Athens had been the City’s residential waste hauler for over 40 years, but a number of companies provided commercial waste services. Athens’s executive…

Concurring and Dissenting.—The City of Montebello (City) sued three of its former council members and a former city administrator, claiming they violated Government Code section 1090 by voting for a waste-hauling contract in exchange for campaign contributions from the contractor. Defendants filed an anti-SLAPP motion under Code of Civil Procedure section 425.16, subdivision (b)(1) (hereafter section 425.16(b)(1)), claiming that their votes were acts in furtherance of their constitutional right to free speech. Settled law makes clear that the vote of a legislator is not protected activity under the First Amendment to the United States Constitution, and the free speech clause of the California Constitution (art. I, § 2, subd. (a)) provides no independent basis for such protection. Yet the court concludes that the anti-SLAPP statute protects the council members’ votes anyway.

Today’s decision expands the anti-SLAPP statute beyond its proper bounds, making it harder to combat public corruption in government contracting and other abuses of power. Because the anti-SLAPP statute does not cover the act of voting by an elected official, I respectfully dissent from today’s contrary…