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HomeMy WebLinkAbout06.E- City Attorney RESOLUTION(ID# 1981) DOC ID: 1981 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION In Support/Opposition From: James F. Penman M/CC Meeting Date: 08/06/2012 Prepared by: Shauna Britton, (909) 384-5355 Dept: City Attorney Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Reaffirming the City of San Bernardino's Commitment to Open Government and to Compliance with the Ralph M. Brown Act. Financial Impact: None. Motion: Adopt Resolution. Synopsis of Previous Council Action: July 15, 1977: Ordinance 3652 was adopted,providing that regular meetings of the Mayor and Common Council shall be adjourned, held and continued in O accordance with the provisions of the Brown Act. (SBMC 2.58.010(B)) June 6, 1983: Ordinance MC-277 was adopted,providing that meetings of certain City boards,bureaus and commissions shall be open to the public and shall be governed by the provisions of the Brown Act. (SBMC 2.17.060(C)) January 5, 1987: Resolution 1987-001 was adopted,providing procedures for compliance with the State of California's 1986 amendments to the Brown Act. May 2, 1988: Resolution 1988-137 was adopted, extending the requirements of the Brown Act to standing and ad hoc committees of the Council, notwithstanding certain exceptions. March 7, 1994: Resolution 94-96 was adopted,regulating posting of meeting agendas and public comments at meetings pursuant to the Brown Act. Backaround• The Ralph M. Brown Act(the "Brown Act")was originally adopted in 1953 as one of the earliest open meeting laws. The intent, as expressed in the Act,is to allow the people access to the conduct of the people's business. The City has a long history of ensuring the public access to meetings and compliance with the Brown Act. Updated: 8/2/2012 by Linda Sutherland A Pac 145 1981 On June 27,2012, Assembly Bill 1464 was signed into law,which, as a result of a historic state budget deficit, suspended certain state mandates,including certain provisions of the Brown Act. Many cities throughout the state are continuing to follow all provisions of the Brown Act, despite the suspension. City Attorney Review: Supporting Documents: reso 1981 (PDF) Updated: 8/2/2012 by Linda Sutherland A Packet Pg. 146 6E.A 1 RESOLUTION NO. v 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN c BERNARDINO REAFFIRMING THE CITY OF SAN BERNARDINO'S m` 3 COMMITMENT TO OPEN GOVERNMENT AND TO COMPLIANCE WITH THE 4 RALPH M. BROWN ACT. L .3 5 WHEREAS, the State of California faces historic budget deficits requiring deep cuts in v c m 6 public programs and services; and a E 0 7 WHEREAS, State budget cuts also include cuts in funding for State-mandated m c A 8 programs carried out by local governments; and c d E 9 c WHEREAS, the State has suspended certain mandated programs in an effort to cut 0 10 millions of dollars more from California's Fiscal 2012-2013 Budget; and c d 11 0. WHEREAS, a number of these suspensions relieve local governments of the strict legal o 12 requirement to carry out previously-mandated programs, including certain public noticing 13 provisions of the Ralph M. Brown Act("the Brown Act"), California's open meeting law; and 14 0 WHEREAS, the Brown Act, found at California Government Code section 54950 eti 15 U 16 seq., requires open and publicized meetings of government and advisory bodies in local r m 17 government, and allows members of the public to be present and to address the body on issues E 18 relevant to the body's authority; and m v 19 WHEREAS, the Mayor and Common Council has thus long recognized the critical .7 20 importance of providing open and transparent government by timely noticing public meetings W 21 and adhering to open government laws; 00 rn 22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 23 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 0 W 24 SECTION 1. The Mayor and Common Council of the City of San Bernardino, its 4) c 25 appointed Committees, City Boards and Commissions, and other City government entities that E r U A Q 6.E.A 1 currently are required to comply with the Brown Act are directed to continue to do so, 2 regardless of the suspension of related mandates by the State of California. 3 0 3 m SECTION 2. The Mayor and Common Council reaffirms its commitment to maintain r 4 t compliance with the Brown Act, as well as the City's other governing laws that are designed to 3 5 R U ensure the actions of City government are open and transparent. m 6 0. SECTION 3. The City's voluntary compliance with suspended provisions of the E 0 7 U Brown Act shall not be construed to grant any rights or remedies related to any claim of non- R 8 � 9 compliance with the suspended provisions of the Brown Act. E R 10 o c� a v O 12 /// o Z R 13 E 14 /// 0 N 15 U 16 rn 17 E E 18 m 19 c 20 0 21 00 22 23 Do 0 24 25 E U R Q © I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REAFFIRMING THE CITY OF SAN BERNARDINWS 2 COMMITMENT TO OPEN GOVERNMENT AND TO COMPLIANCE WITH THE c 3 RALPH M.BROWN ACT. m d 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and r 3 5 Common Council of the City of San Bernardino at a meeting thereof, c R 6 held on the_day of 2012,by the following vote,to wit: o 7 Council Members: AYES NAYS ABSTAIN ABSENT 0 r 8 MARQUE Z c m E 9 JENKINS d 10 VALDIVIA c 1 I °" SHORETT o 12 KELLEY ^ 13 V JOHNSON o 14 v MCCAMMACK 15 U m 16 rn 17 Georgeann Hanna,City Clerk 18 u6 19 The foregoing resolution is hereby approved this day of 2012. o 0 20 o! 21 m rn 22 Patrick J.Morris,Mayor City of San Bernardino 23 Approved as to form: JAMES F. PENMAN, 24 City Attorney c d 25 £ By. ` z a Packet Pg. 149