HomeMy WebLinkAboutRES NO 116-90RESOLUTION NO. 116-90
A RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIR?~ P~EQUIRING THE
OBSERVANCE OF ALL PROVISIONS OF THE
BROWN ACT AND SUPPORTING STATE
LEGISLATION REINSTATING ALL
PROVISIONS OF 'r~BROWN ACT.
WHEREAS, Chapter 459 of the Statutes of 1990, added
Section 17581 to the California Government Code, which provides
that no local agency shall be required to implement any statute
if the statute has been determined to require reimbursement by
the California Constitution, and if the statute has been
identified in the state Budget Act as one for which reimbursement
is not provided for the fiscal year; and
WHEREAS, the "open meetings act" (Ch. 641, Stats. 1986)
was identified in the 1990-91 Budget Act as one for which
reimbursement will not be provided for the 1990-91 fiscal year;
and
WHEREAS, Chapter 641, statutes of 1986, includes the
seventy-two (72) hour advance posting requirement, the
prohibition against taking action on non-agenda items, the
requirement of an opportunity for public comment at meetings, the
authority for mandate actions to invalidate actions taken in
violation of the Brown Act, the twenty-four (24) hour advance
posting requirement for special meetings, the posting require-
ments for emergency meetings and provisions for attorneys fees
and costs in actions to enforce the Brown Act; and
WHEREAS, it is important to this Council that the
Council and all City legislative bodies continue to conduct the
public's business in compliance with the provisions of the Ralph
M. Brown Act; and
WHEREAS, the foregoing provisions of the Brown Act do
not create a financial burden on the City of Bakersfield.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. That all provisions of the Brown Act, including the
mandates contained in chapter 641, statutes of 1986, shall be
followed by the City Council and all other boards, commissions
and agencies of the City of Bakersfield to which the Brown Act is
applicable.
2. That the Council of the City of Bakersfield
supports action by the State Legislature reinstating all
provisions of the Ralph M. Brown Act.
3. That certified copies of this resolution shall be
sent by the City Clerk to area representatives in the State
Legislature.
.......... o0o ..........
I HE~RRY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on AUG 2 2 lgg§ , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS. ~)eMONO. SMITH, SRUNNI. PETERSON. McOERMO]/. SALVABGIO
NOES; COUNCILMEMBERS
ASSENT COUNCILMEMBERS: ~/o~' ~
ABSTAIN: COUNCILMEMBERS'
Council of the City of Bakersfield
the
APPROVED AUG 2 2 1990
CL~R~CE E.
MAYOR of the City of Bakersfield
APPROVED as to form:
~r~ :. s_...,u~..m~./ )
c~T¥ ATTO~J3.~of ~,:~e c~ty of ~er~f~d
LCM/meg -
BROWACT. RES
8/15/90