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<br />Brown Act Open Meeting Law <br />October 31, 2006 <br />Page 2 of2 <br /> <br />At the Oct. 17th public meeting, as is the general practice of the City, interested persons could submit <br />comments and questions to the City in advance of the item being heard, and speakers could address the <br />City Council regarding the item. After reviewing the staff report and opening the item for public <br />comment, the City Council discussed the matter and a majority of the Council voted to introduce the <br />ordinance regarding City Council salaries, and adopted the contingent resolution establishing the car <br />allowance. <br /> <br />At its meeting on Nov. 7th, this item is again presented for consideration at a noticed public meeting, <br />where interested members of the public may address the City Council before any final consideration and <br />action is taken. Though the initial discussion occurred in closed session, the Brown Act allows an <br />agency to cure the issue through subsequent public action -- as is the case with the October 1 ih and <br />November 7th agenda items on this matter. <br /> <br />Alternatively, other possible cures are for the City Council not to approve the proposed increase or to <br />continue the matter indefinitely in that the November 7th meeting is the last regularly scheduled meeting <br />for the current Council to adopt an ordinance that would take effect for the term of the Council <br />beginning in December 2006. <br /> <br />We regret that staff actions resulted in a conversation on October 3rd which should not have been <br />allowed to arise from the permitted discussion on labor negotiations. The City has a long history and <br />well-established practice of open and candid public participation in municipal affairs, from our many <br />Commissions, Task Forces, and Advisory Committees, to our practice of exceeding State law <br />requirements for public notice of neighbors when development projects are considered. Weare a model <br />town hall democracy where civic matters are openly discussed and debated on behalf of the entire <br />community. As a result of this isolated incident of allowing a conversation to arise in closed session <br />when it should not have, City staff will be more vigilant in the future. <br /> <br /> <br />~~~ <br /> <br />Nelson Fialho' <br />City Manager <br /> <br />Michael Roush <br />City Attorney <br /> <br />X:\LS\memo06\Council salary - Brown Act.doc <br />