Downey Mayor Roger Brossmer read aloud the following message at the Jan. 11, 2012 City Council meeting:
We would like to take a moment to explain to those of you with concerns about the Michael Nida police shooting case as to why we have not responded to your public comments. The council members and the police chief assure you that we do care, we are concerned and we do have empathy for the loss of your son, husband, father, brother and friend. We ask that you please consider the reasons for our position at this point in time.
First, council members are bound, pursuant to the Brown Act, not to engage in discussion or take action on any issue brought forth, including this officer-involved shooting during the non-agenda public comment portion of the council meeting.
A second reason as to why we cannot comment or engage in a public dialogue on this matter or place the item on the open session agenda relates to the fact that the Nida family initiated a civil action against the city of Downey. We believe it is prudent not to engage in a diaglogue in a public forum on this matter and this corresponds with the advice of our legal counsel.
Lastly, we will not comment on issues that are presently under investigation. In order to remain independent, which was all agree is important, the Los Angeles County sheriff’s investigators and the District Attorney’s Office need to be free from our influence, whether that influence would occur directly or indirectly, intentionally or unintentionally.
We understand that our lack of response to your comments causes a level of frustration on the your part and may appear as though we are uncaring. This is not the case. We want you to know that we realize your frustrations are in addition to the grief you are already experiencing. We would hope that sharing our reasoning might alleviate some of this. With that said, we are aware that cannot relieve all of the pain and anger that you have expressed to this council.