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Budget protest is rebuffed

City Hall rejects critic Barry Allen’s charge over mayor ‘violating’ open meeting laws.

July 17, 2008|By Jason Wells
(Page 3 of 4)

The action taken was not in compliance with the Brown Act because the Act requires an opportunity for the public to address the legislative body for any item on the agenda. There was no showing that everything that could have been addressed had been addressed and accordingly Staff and Council indicated after the vote that there would probably be changes within the next month. That served as an indicator that everything had not been put on the table.

 

In the event it appears to you that the conduct of the City Council specified herein did not amount to the taking of action, I call your attention to Section 54952.6, which defines "action taken" for the purposes of the Act expansively, i.e. as "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance." 

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As you are aware, 1986 amendments to the Brown Act created specific agenda obligations for notifying the public with a "brief description" of each item to be discussed or acted upon, and also created a legal remedy for illegally taken actions, namely the judicial invalidation of them upon proper findings of fact and conclusions of law.

 

Pursuant to that provision (Government Code Section 54960.1), I demand that the City Council cure and correct the illegally taken action as follows:

Reopen the Action item 8D – Budget Approval to allow all members of the public that attended the meeting of June 24, 2008 and had filed Speaker Cards for that Action item, to be contacted by certified mail to provide them the awareness and opportunity to comment of which they were deprived,  to wit: several concerned

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