Laserfiche WebLink
<br />any particular provisions of the Brown Act that we should provide attention to, so that we <br />don't unintentionally or otherwise transgress any such provisions.... I would like, if! can, <br />to have Council Member Leipzig point to a particular provision of the Brown Act that he <br />feels that he has read and feels we have perhaps transgressed." <br />Council Member Leipzig said, "I notice that Agenda Item Seven, this entire area is <br />limited to fifteen minutes, and I think we have gone beyond that so I'll make it very brief. <br />I was not prepared to speak on this item tonight. But yes, a couple of quick areas that I <br />think you need to look at carefully. One, the reporting out, that means, once the Council is <br />in a legitimately closed session and we take an action, we are required by the Brown Act to <br />announce that immediately, or as close as possible. Generally that means coming down <br />here, we meet upstairs, in open session, with the public and press here, and announcing <br />what decisions we have made. Number two is the area of coaching officers, Council <br />Members and each other, by the staff, on what to say, other than process. And I <br />understand there is a difference between preparing for potential litigation, but coaching on <br />answers and process and what would be best is not acceptable under the Brown Act. And <br />thirdly, very briefly, strategy. We had a session a few months back where we talked about <br />road options on the other side of 101. It was clearly not a topic for closed session. It <br />should have been held in this room with the charts and the graphs that we looked at which <br />the staff presented to us, so that the people here and the press could hear and have input on <br />what we were talking about." <br />Council Member Hartnett said, "What I asked was what, if any, particular provisions of <br />the Brown Act, which is found in the Government Code, have you read Council Member <br />Leipzig, that serve as a foundation for your statement?" <br />Council Member Leipzig said, "I just answered that question. I don't have the Code <br />Section on the Brown Act with me. I am not prepared, I did not know this was going on <br />the agenda. If you had called me in advance I would have been prepared. I would be <br />happy to discuss this with you at a later time." <br />Council Member Hartnett asked Council Member Leipzig if he had read any legal <br />treatises or legal consultants analyses of the Brown Act, and the scope of discussion that is <br />allowed under the Brown Act, or the subject matters that can be discussed in closed <br />sessions "that serve as a foundation for your statements." <br />Council Member Leipzig said, "Yes, I am aware of the Brown Act and its provisions. <br />But I'm not on trial here, Counselor, so I suggest that we move on." <br />Council Member Hartnett said, "You made certain statements of fact in your press <br />release, and it is apparent to me in your comments that those statements in fact have no <br />basis. For example, in your press release you indicated that over 90% of City Council <br />meetings held in the past seven months have been preceded by closed door meetings. And <br />the fact is that City records absolutely, positively do not back up that statement.... In the <br />prior seven meetings of the Council at the time that press release had been issued, six of <br />REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 JUNE 22,1998 <br />MINUTES Page No. 582 PAGE 20 <br />