TO:
Honorable Mayor Powell and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Quinn Barrow, City Attorney
SUBJECT:Title
Reaffirmation of the City’s Commitment to Open Government and to Compliance with the Brown Act
APPROVE
Body
_____________________________________________________________________
RECOMMENDATION:
It is recommended that the City Council reaffirm the City’s commitment to open government and continue to comply with the entirety of the Brown Act.
FISCAL IMPLICATIONS:
In recent years, and as provided for in state law, the City has filed reimbursement claims with the state for costs associated with complying with the Brown Act. Those claims range from $24,000 to $30,000 (the state has yet to reimburse the City). Under AB1464, the City will not be eligible for reimbursement for such costs during fiscal years 2012-2015.
BACKGROUND:
As part of the 2012-13 State Budget, adopted on June 27, 2012, the California Legislature suspended certain state mandates, which include specific provisions of the Brown Act, for fiscal years 2012 - 2015. Notwithstanding the suspension, the City has continued to comply with the suspended provisions of the Brown Act.
DISCUSSION:
AB 1464, which was adopted on June 27, 2012 as part of the 2012-13 State Budget, contains a schedule of reimbursable state mandates that are suspended during the 2012-2013 budget year. The Brown Act is included on the schedule of suspended state mandates, but AB 1464 does not explain the nature or the extent of the suspension. In our opinion, the following provisions of the Brown Act are suspended:
1. Preparation and posting at least 72 hours before a regular meeting of an agenda that contains a brief general description of each item of business to be transacted or discussed at the meeting. (See Gov. Code Section 54954.2(a).)
2. Inclusion on the agenda of a brief general description of all items to be discussed in closed session. (See Gov. Code Section 54954.2...
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