HomeMy WebLinkAbout1988-137
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88-137
RESOLUTION NO.
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OF THE CITY OF
PUBLIC ACCESS
OF THE COMMON
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
SAN BERNARDINO ESTABLISHING A STANDARD POLICY FOR
3 TO MEETINGS OF THE STANDING AND AD HOC COMMITTEES
COUNCIL.
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WHEREAS, the Ralph M. Brown Act (Government Code Section
54950 et seq.) sets forth the requirements that meetings of
public agencies be open to the public subject to certain limited
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exceptions; and
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WHEREAS, Government Code Section 54952.3 provides that such
requirements do not apply to committees composed of less than a
quorum of the Common Council; and
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WHEREAS, Government Code Section 54953.7 allows the Common
13 Council to impose requirements upon itself which allow greater
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access than the minimal standards required by the Ralph M. Brown
Act; and
WHEREAS, it is fitting and proper that the public be
allowed greater access to the meetings of the committees of the
18 Common Council than would otherwise be required by state law, but
19 at the informal committee level it does not seem appropriate to
20 provide the same procedures and access as is required for full
21 meetings of the Mayor and Common Council.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
23 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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1. Unless specifically provided otherwise by the Mayor and
25 Common Council, all meetings of the standing and ad hoc
26 committees of the Common Council shall be held and conducted
27 pursuant to the provisions of the Ralph M. Brown Act except as
28 otherwise provided herein.
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1 2. The time and place for the regular meetings of standing
2 ommittees, and of all meetings of ad hoc committees, shall be
3 set by action of the committee involved, except that when deemed
4 ecessary by the committee chair, or by a majority of the
5 committee, the meeting time or place may be adjusted temporarily
6 or special meetings may be called. The determination of such
7 change shall not be considered to be a meeting under the terms of
8 this resolution or the Ralph M. Brown Act. Notice of such
9 changes and of the time and place of the meetings of ad hoc
10 committees, shall be given to any individual with a standing
11 written request for such notice filed with the committee. Such
12 requests shall be valid for one year from the date of filing.
13 3. Except as provided in Government Code Section 54956.5,
14 an agenda containing a brief general description of each item of
15 business to be transacted or discussed at the meeting shall be
16 posted in the lobby of City Hall and such other locations as
17 directed by the committee at least 24 hours prior to the
18 commencement of a meeting of a committee.
19 4. If circumstances arise requiring immediate committee
20 action or consideration between committee meetings where it is
21 impractical to call a special meeting, the committee members may
22 be contacted individually by telephone or in person. Any
23 decision arrived at from such contacts shall be noted at the next
24 regular or special committee meeting in either open or closed
25 session as dictated by the subject matter, and shall be reported
26 to the full Mayor and Common Council in either open or closed
27 session, as appropriate.
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1 5. There shall be no requirement to provide on the
2 committee agendas that members of the public may directly address
3 the committees.
4 6. Closed sessions of committees may be held for any of
5 the reasons specified in the Ralph M. Brown Act where the Mayor
6 and Common Council could hold a closed session. The committee
7 shall determine which members of staff or others are necessary to
8 remain for those closed sessions conducted under the authority of
9 Government Code Section 54956.7, 54956.8, 54957, and 54957.6.
10 The City Attorney shall determine which members of staff or
11 others are necessary to remain for the closed sessions conducted
12 under the authority of Government Code Section 54956.9. Despite
13 the provisions of Government Code Section 54956.8, the committee
14 need not disclose publicly, either before or after the closed
15 session, the real properties which negotiations may concern, nor
16 the person or persons with whom its negotiator may negotiate. In
17 addition, the committee may allow the person or person with whom
18 the negotiator is to negotiate to attend the closed session.
19 Such attendance shall not convert a closed session into an open
20 session. For closed sessions conducted pursuant to Government
21 Code Section 54956.9, the legal justification memorandum need not
22 be provided. The results of any closed session conducted by
23 committees shall not be announced publicly but may be reported to
24 the Mayor and Common Council either publicly or at a legally
25 established closed session of the Mayor and Common Council. No
26 minutes shall be kept of closed sessions of committees.
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2 54960, 54960.1, and 54960.5, shall not apply to meetings of
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The provisions of Government Code Sections 54959,
3 committees of the Common Council.
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5 adopted by the Mayor and Common Council of the City of San
I HEREBY CERTIFY that the foregoing resolution was duly
6 Bernardino at an adiourned rf>.91l1t=lr
7 on the ?n~ day of Mi9Y
8 vote, to wit:
meeting thereof, held
, 1988, by the following
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16 of
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AYES:
Council Members
Estrada. Reillv. Flores.
Maudsley, Minor, Pope Ludlam. Miller
NAYS: None
ABSENT: None
r44d"$t?4$
/' City Clerk
The foregoing resolution is hereby approved this -'/11/ day
May
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20 Approved as to form
and legal content:
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22.ia 1wl/ 7 /t:'y~
y{tiy Attorney
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