1994 AGN MAY 03 I20 - Laserfiche WebLink

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AGENDA REPORT CITY OF COLTON For City Council Meeting of May 3, 1994 April 27, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Julie Hayward Biggs, City Attorg e SUBJECT: Provision of Copies of the Brown Act to Councilmembers and Commissioners Recently several members of various commissions have requested that they be provided copies of the Ralph M. Brown Act (Government Code Sections 54950 et LN., the "Brown Act"). Government Code Section 54952.7 provides as follows in this regard: I "A legislative body of a agency may require that a copy of this cheater be given to each member of the legislative body and any person selected to serve as a member of the legislative body who has not assumed the duties of ice. An elected legislative body of a local agency may require that a copy of s chapter be given to each member of each legislative &0ody all or a 04ority of whose e(i eber are appointed by or under the authority of the 0ated legislative body., The Brown Act is, of course, a public document accessible to any member of the public through the Government Code. This new provision allows the Council to Leguire distribution at City cost of the Brown Act to all councilmembers and commissioners. In the past, Best, Best & Krieger as City Attorney has recommended that general distribution of the Brown Act not occur because changes that are enacted over time may change the operative sections and distribution by the City to all councilmembers and commissioners would require constant updating to assure current copies of operative provisions are distributed. Further, it has been thought that because the Brown Act cannot be construed by lay persons in a vacuum, that is without reference to applicable case law and other legal interpretations that are announced over time, general distribution of the Brown Act could cause undue confusion and misinformation. It was thought that leaving interpretation of the Brown Act to the City Attorney as a legal professional was sufficient guidance to the council and the commissions. AD