Hal -
In response to your article, 09-06-09,
Glendale Mayor Frank Quintero Eliminates “OR DURING” from the Brown
Act!, I have inserted below my thoughts via applicable sections
of the Brown Act. However, the word OR causes me some concern.
Although I agree wholeheartedly with the
current feelings, and yes, how can I fill in a card to speak on an item BEFORE
it is addressed until I hear what is actually intended since my concerns might
not be raised until I hear the stated municipal intent. Based on Mayor
Quintero's position, each and every member of the audience would be forced to
fill in a card for each and every item on the agenda and speak before they hear
what is proposed. Although I agree that that is preposterous, in and of
itself, I'm concerned that if they are allowing discussion BEFORE the item,
then they have complied with the Brown Act because of the conjunction OR.
However, based on the legislative intent
of the Brown Act, it would appear to me that the Act was ambiguously written in
that NO legislator in Sacramento would ever have imagined that someone would
authorize such B.S.
Perhaps it is time for someone to knock
on Senator Carol Liu's door.
THE RALPH M. BROWN ACT:
Declaration of Legislative Intent
54950. In enacting this
chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State
exist to aid
in the conduct of the people's business. It is the intent of the law that their
actions be
taken openly and that their deliberations be conducted openly.
The
people of this State do not yield their sovereignty to the agencies which serve
them.
The people, in delegating authority, do not give their public servants the
right to decide
what is good for the people to know and what is not good for them to know. The
people
insist on remaining informed so that they may retain control over the
instruments they
have created.
Spectators'
54954.3. (a) Every agenda for regular meetings shall provide an
opportunity for members
of the public to directly address the legislative body on any item of interest
to the public,
before or during the
legislative body's consideration of the item, that is within the subject
matter jurisdiction of the legislative body, provided that no action shall be
taken on any
item not appearing on the agenda unless the action is otherwise authorized by
subdivision
(b) of Section 54954.2. However, the agenda need not provide an opportunity for
members of the public to address the legislative body on any item that has
already been
considered by a committee, composed exclusively of members of the legislative
body, at
a public meeting wherein all interested members of the public were afforded the
opportunity to address the committee on the item, before or during the
committee's
consideration of the item, unless the item has been substantially changed since
the
committee heard the item, as determined by the legislative body. Every notice
for a
special meeting shall provide an opportunity for members of the public to
directly
address the legislative body concerning any item that has been described in the
notice for
the meeting before or during consideration of that item.
(b)
The legislative body of a local agency may adopt reasonable regulations to
ensure that
the intent of subdivision (a) is carried out, including, but not limited to,
regulations
limiting the total amount of time allocated for public testimony on particular
issues and
for each individual speaker.
(c)
The legislative body of a local agency shall not prohibit public criticism of
the
policies, procedures, programs, or services of the agency, or of the acts or
omissions of
the legislative body. Nothing in this subdivision shall confer any privilege or
protection
for expression beyond that otherwise provided by law.
Civil Enforcement Actions by District Attorney
or Interested Person
54960. (a) The district
attorney or any interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of stopping or
preventing
violations or threatened violations of this chapter by members of the
legislative body of a
local agency or to determine the applicability of this chapter to actions or
threatened
future action of the legislative body, or to determine whether any rule or
action by the
legislative body to penalize or otherwise discourage the expression of one or
more of its
members is valid or invalid under the laws of this state or of the United
States, or to
compel the legislative body to tape record its closed sessions as hereinafter
provided.
Civil Enforcement Actions by District Attorney
or Interested Person
54960. (a) The district
attorney or any interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of stopping or
preventing
violations or threatened violations of this chapter by members of the
legislative body of a
local agency or to determine the applicability of this chapter to actions or
threatened
future action of the legislative body, or to determine whether any rule or
action by the
legislative body to penalize or otherwise discourage the expression of one or
more of its
members is valid or invalid under the laws of this state or of the United
States, or to
compel the legislative body to tape record its closed sessions as hereinafter
provided.
Court Award of Costs and Attorney Fees
54960.5. A court may award court costs and reasonable attorney fees to the
plaintiff in an
action brought pursuant to Section 54960 or54960.1
where it is found that a legislative
body of the local agency has violated this chapter. The costs and fees shall be
paid by the
local agency and shall not become a personal liability of any public officer or
employee
of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in
any action
brought pursuant to Section 54960 or 54960.1where the defendant has prevailed
in a final
determination of such action and the court finds that the action was clearly
frivolous and
totally lacking in merit.