HomeMy Public PortalAboutResolution 61-127RESOLUTION NO. 61 -127
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY OPPOSING
A8 127 AS AN UNWARRANTED EXTENSION
OF THE BROWN ACT
WHEREAS, the City Council of the City of Temple City, California,
is advised that the Assembly Committee on Governmental Efficiency and
Economy will hear AB 127 (Assemblyman Luckel, et al.); and
WHEREAS, the City Council of the City of Temple City is informed
that this Bill proposes to extend the application of the Brown Act so
as to require that all meetings of local representative bodies must
be open to the public, even if held solely for the purpose of discuss-
ion and study without any action taken or intended; and
WHEREAS, the City Council understands that the proposed Bill
would also require that meetings to discuss pending proposed or anti-
cipated litigation with the City Attorney or Special Counsel must be
open meetings; and
WHEREAS, this Bill would further provide that any member of a
municipal legislative body who attended a meeting held in violation of
this Bill would be guilty of a misdemeanor; and
WHEREAS, the City Council of the City of Temple City, after due
consideration, is of the unanimous opinion that the proposals contain-
ed in AB 127 constitute an absolute, unnecessary and unwarranted ex-
tension of the original Brown Act; and constitutes in part an invasion
of the attorney- client privilege; and in many more instances would ser-
iously impede a municipality's negotiations in relation to the acquisi-
tion of property without eminent domain proceedings, and in the case of
those municipalities that handle all or any part of their own accident
claims litigation, would seriously endanger the proper handling of suc ,
litigation where policy decisions had to be made in relation thereto;
and
WHEREAS, the City Council of the City of Temple City is of the
opinion that the purpose and intent of the original Brown Act is ade-
quately served by the existing language of the present Act, and that
this extension thereof as proposed by this Bill, or any others like it,
goes far beyond the scope of the original intent and would reduce the
City's ability to effectively formulate decisions in those areas where
policy and administration are so entwined that it is very difficult to
separate one from the other and the best interests of the public are
not served by public discussion or dissemination of information needed
on the part of the local legislator in order to make effective deci-
sions in such areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Temple City, that said Council goes on record as opposing AB 127 for
the reasons hereinabove set forth; and
BE IT FURTHER RESOLVED THAT the City Clerk is hereby authorized
and instructed to forward certified copies of this Resolution to all
members of the Assembly Committee on Governmental Efficiency and Econ-
omy; to State Senator Richard Richards, to Assemblyman Montivel A.
Burke; to Assemblyman Bruce Reagan; and to the City Clerks of all
Cities in the Los Angeles Division of the League of California Cities;
and to the office of the League of California Cities.
PASSED, APPROVED AND ADOPTED this 13th day of March, 1.261.
ATTEST:
Mayor o the C i of T City,
C.✓ California.
City Clerk of the City of T p1e City,
Ca ifornia
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