HomeMy WebLinkAboutRES NO 083-12RESOLUTION NO. 083- 12
A RESOLUTION ADOPTING A CITY POLICY TO ADHERE TO
THE BROWN ACT DESPITE THE STATE'S DECISION TO
SUSPEND SOME OF ITS PROVISIONS FOR THREE YEARS
WHEREAS, the Brown Act was enacted to ensure that all actions taken by
legislative bodies during a meeting are conducted openly and with the public's
participation; and
WHEREAS, the Brown Act ensures transparency in government through
mandates such as the posting of a meeting's agenda 72 hours in advance,
referencing a general topic to be discussed in closed session during open
session, and proper reporting in open session of any actions taken during closed
session; and
WHEREAS, the State Legislature recently passed AB 1464, the Budget Act
of 2012, which suspends, among other things, certain provisions of the Brown Act
for fiscal year 2012 - 2013; and
WHEREAS, as a result of that suspension, the State avoided having to
reimburse local governments for the costs associated with implementing a state -
mandated program such as the Brown Act; and
WHEREAS, the State Legislature also recently passed SB 1006 which
provides that all state - mandated programs, including certain provisions of the
Brown Act, that were suspended in the Budget Act for the 2012 - 2013 fiscal year
will also be suspended in the 2013 - 2014 and 2014 - 2015 fiscal years; and
WHEREAS, the City of Bakersfield enjoys a high level of public support and
confidence because of its commitment to transparency and openness in public
government; and
WHEREAS, suspending certain provisions of the Brown Act for the next
three fiscal years would degrade that transparency and erode public support in
City government; and
WHEREAS, the City of Bakersfield intends to maintain the level of public
support and confidence its citizens have in local government regardless of the
State's refusal to reimburse local governments for implementing state -
mandated programs.
S:\ COUNCIL\ Resos \12- 13 \BrownActSuspension.docx 0� �AK�911P
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The City Council and all of its Boards, Commissions and Committees will
continue to comply with all of the provisions of the Brown Act despite the State's
refusal, under AB 1464 and SB 1006, to reimburse the City of Bakersfield for the
next three fiscal years for the costs of implementing a state - mandated program.
HEREBY 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 f 5 2012 by the following vote:
AYES: COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER nbr'Q
ABSTAIN: COUNCILMEMBER 000S.-
ABSENT: COUNCILMEMBER
G
ROBERTA GAFFORD, 16AC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ��LeAoot_
JE LEE TALLEY
Atciate City At rney
JST:Isc
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