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AZ3 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR CITY COUNCIL MEETING OF APRIL 15, 2008 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: CITY ATTORNEY <br />SUBJECT: ELECTION -RELATED SPEECH DURING CITY COUNCIL <br />MEETINGS <br />DATE: APRIL 15, 2008 <br />BACKGROUNDASSUE TO DISCUSS: <br />The upcoming June recall election has been a popular topic of conversation by members <br />of the public and Council Members at City Council meetings, including expressions of <br />personal views regarding concerns or issues raised by the recall election. This has <br />raised the issue of whether there is any legal restriction on the ability of Council <br />Members and members of the public to discuss election -related issues during Council <br />meetings. <br />BRIEF ANSWER: <br />Subject to the parameters of the Brown Act', City Council Members and members of the <br />public generally enjoy First Amendment rights that allow discussion of any City -related <br />business during City Council meetings. Although we have not found any case or <br />statute specifically on point, it would appear that the recall election does involve City - <br />related business, and that discussion of the recall during Council meetings is not <br />prohibited by law as an illegal use of public resources. This conclusion is based upon <br />the fact that the City Council is otherwise authorized to go on record regarding a ballot <br />measure - by adopting a resolution in support or opposition - and the expenditure of <br />public resources to prepare and adopt such a resolution is not considered to be an <br />inappropriate use of public funds. <br />' The Brown Act is found in the California Government Code, at §54950 et seq. <br />ORANGE\AMORRIS\45551.4 <br />