Resolution No. 2012-152RESOLUTION NO. 2012-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AFFIRMING ITS POLICY TO COMPLY WITH ALL
PROVISIONS OF THE RALPH M. BROWN ACT
WHEREAS, the state legislature recently passed AB 1464, a
budget trailer bill signed into law on June 27, 2012, which contains a
schedule of state mandates that are suspended during the 2012-2013
budget year, including portions of the Ralph M. Brown Act (Brown Act);
and
WHEREAS, it is apparent that the purpose of the mandate
suspensions is to comply with the requirements of 2004 Proposition lA
that the Legislature must suspend mandates for which it refuses to
reimburse local governments; and
WHEREAS, Senate Bill 1006, which was enacted the same day as
AB 1464, amended Section 17581 of the Government Code by adding the
following language: "All state -mandated local programs suspended in the
Budget Act for the 2012-13 fiscal year shall also be suspended in the
2013-14 and 2014-15." The suspension will therefore last 3 years; and
WHEREAS, the state's dire fiscal condition has led to the
suspension of the Brown Act mandate; and
WHEREAS, the Brown Act Committee of the League of California
Cities Attorneys Department has concluded that the suspension extends
to the following provisions of the Brown Act:
(1) Preparation and posting at least 72 hours before a regular
meeting of an agenda that contains a brief general
description of each item of business to be transacted or
discussed at the meeting. (See Gov. Code § 54954.2(a).)
(2) Inclusion on the agenda of a brief general description of all
items to be discussed in closed session. (See Gov. Code
§ 54954.2(a).)
(3) Disclosure of each item to be discussed in closed session in
an open meeting, prior to any closed session. (See Gov. Code
54957.7 (a).)
(4) Report in open session prior to adjournment on the actions
and votes taken in closed session regarding certain subject
matters. (See Gov. Code §§54 957. 1 (a) (1) - (4) , (6) ;
54957.7 (b).)
(5) Provide copies to the public of certain closed session
documents. (See Gov. Code § 54957.1 (b)-(c).)
WHEREAS, there is precedent for this suspension when the
state took similar action in 1990 during a similar financial crisis and
that during that time most cities continued to comply with the
requirements of the Brown Act; and
WHEREAS, the suspended provisions are central to the Brown
Act and noncompliance with those provisions would unquestionably
degrade transparency and erode public participation in city government;
and
WHEREAS, the City of Vernon ("City") has undertaken a series
of historic good governance reforms, including a resounding commitment
to transparency and openness in the conduct of the City's business; and
WHEREAS, in December 2011, through Resolution No. 2011-196,
the City adopted a policy and procedures for complying with open
meeting laws, including the Brown Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
resolves that it is the policy of the City of Vernon to voluntarily
comply with all provisions of the Brown Act.
SECTION 3: A copy of this resolution shall be,transmitted
to the City Clerk and all other City personnel responsible for
complying with the affected portions of the Brown Act.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 7th day of August, 2012.
Name: Will am.J. Davis
Title:, / Ma or Pro-Tem
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STATE OF CALIFORNIA j
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-152, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 7, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this J- day of August, 2012, at Vernon, California.
(SEAL)
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AUG 0 2 2012
CITY CLERK'S OFFICE
STAFF REPORT
CITY ADMINISTRATION
DATE: August 1, 2012
TO: Honorable City Council
FROM: Mark C. Whitworth, City Administrator
RE: Voluntary Compliance with State Suspende Provisions of the Brown Act
Background
The state legislature recently passed AB 1464, a budget trailer bill signed into law on June 27,
2012, which contains a schedule of state mandates that are suspended during the 2012-2013
fiscal year due to budget constraints, including portions of the Ralph M. Brown Act (Brown
Act).
In line with the City's good governance reforms and Resolution No. 2011-196, adopting a policy
and procedures for complying with open meeting laws including the Brown Act, staff
recommends the City Council adopt a resolution affirming the City's .commitment to full
compliance with all provisions of the Brown Act
Recommendation
It is recommended that the City Council adopt the proposed resolution affirming its commitment
to comply with all provisions of the Brown Act.
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 13, 2012
TO: Mark Whitworth, City Administrator/Fire Chief
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2012-152 — A Resolution of the City Council of the City of Vernon
Affirming its Policy to Comply with All Provisions of the Ralph M. Brown Act
Transmitted herewith is a copy of Resolution No. 2012-152 referenced above, which was approved by
City Council on August 7, 2012.
Thank you.
Attachment
c: Ana Barcia
Resolution No. 2012-152