SR 06:248 - Laserfiche WebLink

6D pLEASANTONc MEMORANDUM Date: November 3, 2006 From: Honorable Mayor and City Council Members ~ To: Nelson Fialho, City Manager Michael Roush, City Attorney Subject: Brown Act Open Meeting Law and the Discussion about Salaries for the Mayor and Council- Agenda Item 6d On the City Council's regular (non-consent) agenda for Nov. 7,2006, is the second reading of an ordinance related to the salaries for the Mayor and City Council, and the related contingent resolution establishing car allowances for the Mayor and City Council. However, clarification is first needed to explain the process whereby such salaries and car allowances were first discussed by the Mayor and the City Council members (hereafter referred to collectively as the "City Council"). On October 3, 2006, as the City Council held a closed session to discuss Labor Negotiations for Management and Confidential Employees' salary and benefits, the City Manager also provided information about City Council salaries. While discussion of Management and Confidential Employees' salaries and benefits are an allowable topic for closed session consideration, the related conversation that was initiated by the City Manager on Council salaries stemming from the labor negotiations for Management and Confidential Employees was not specifically allowed under the State's open meeting laws (also known as the Ralph M. Brown Act). At this Oct. 3rd meeting, this related conversation about City Council salaries did not result in a "final action", as the City Council did not approve any salary modifications at that meeting. However, during the course of this conversation, the City Manager was interested in the views of each Councilmember regarding salary modification proposals. In retrospect, City staff now realizes that the conversation, which arose on Oct. 3rd, during the closed session for Labor Negotiations, should not have included salaries for the City Council. The City Manager and City Attorney regret that information provided to the City Council about City Council salaries gave the impression that City Council salaries were an appropriate topic for closed session discussion. This was not an intentional act, but rather an error in what is an allowable closed session discussion under the Brown Act. As no "action" was taken by the City Council on Oct. 3rd, the formal consideration of City Council salaries has taken place at noticed public meetings. The City Council held its first noticed public meeting regarding this item on October 17th, where an ordinancf: to modify City Council salaries was introduced, and a resolution establishing a car allowance was adopted [contingent upon the subsequent adoption and effectiveness of the ordinance related to City Council salaries].