HomeMy WebLinkAboutLeague of California Cities Pomona Workshop C 4
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 25, 1999
RE: LEAGUE OF CALIFORNIA CITIES POMONA WORKSHOP
This office received a complaint that the Mayor and Common Council were going to hold
an "illegal Council meeting" in Pomona beginning January 20th.
I spoke with the Mayor about the allegation and she provided me with certain information.
Mr. Carlyle obtained information from the City Administrator's Office and conferred with the
Assistant Director for Education and Conferences for the League of California Cities. On January
19, 1999, Mr. Carlyle advised me, in the attached memorandum, that the meeting would not be a
violation of the Brown Act.
I left a message for the Mayor that same morning and informed her in person the next
morning(January 20, 1999)that it is our opinion that the meeting would not violate the Brown Act.
III One of the reasons we stress compliance with the Brown Act is because it is a criminal
violation for members of the legislative body to attend an illegal meeting. The City Administrators,
City Attorneys and Department Heads are not subject to prosecution for violating the Brown Act.
Only members of the legislative body are in that situation. We deem it important to protect our
City/EDA,Mayor and Council and individual members of the legislative body by carefully reviewing
all meetings,particularly special meetings to insure that our City and its elected officials are within
the law.
Respectfully submitted,
AMES F. PENMAN
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: James F. Penman
City Attorney /1
FROM: Huston T. Carlyle, Jr.
Sr. Assistant City Att omey
DATE: January 19, 1999
RE: Participation in the City Council-City Manager Leadership Team Workshop
Reference is made to the above-indicated subject matter as more fully set forth in the attached
two page(double-sided)announcement from the League of California Cities date stamped October
27, 1998. Also attached is a two page memorandum date stamped December 10, 1998 from Terry
Dugan, Assistant Director for Education and Conferences for the League of California Cities.
I spoke this morning to Mr. Dugan about certain aspects of this three day workshop. I asked
Mr. Dugan if this workshop was open to the public. He answered "absolutely." He went on to
elaborate that members of the press have attended such functions in the past. I asked Mr. Dugan if
a team from a particular city would, at any time, be in a "break out" session or other private room
unto themselves when being "instructed." He said"no." He indicated that from the opening session
through all nine scheduled sessions and working lunches and dinners, all participants (he indicated
that teams from nine different cities would be in attendance) would be in the same room. He did
indicate that during the second working dinner, the participants are all asked the same question to
facilitate a better understanding of each other, such as "tell me about a childhood event."
Mr. Dugan assured me that before, during and after the workshop the League officials (he
will be attending this workshop) admonish the participants not to discuss among themselves any
specific substantive issues. Any such discussion would be subject to the Brown Act(the workshop
preliminary program also contains a written reminder on this subject).
After speaking to Mr. Dugan and asking specific questions and receiving specific answers,
and after reviewing the list of cities which have previously participated in this program, my comfort
level is sufficiently high that attendance by our Mayor and members of the Common Council at this
workshop would not be a violation of the Brown Act.
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