pages: OpenGovernmentCommission/2015-03-30.pdf, 7
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OpenGovernmentCommission | 2015-03-30 | 7 | Vice Chair Foreman inquired whether [the Sunshine Ordinance is more restrictive] simply on the issue on you a meeting cannot be held in a place charging admission, to which the Assistant City Attorney responded in the affirmative. Vice Chair Foreman stated Section 2-91.1(b)(4)(C) is not in the Brown Act; in respect to what Chair Aguilar said about not wanting to turn the language inside out, he would say to use the existing language; at the same time, he is very concerned about using different language because using different language there is always the possibility that some word splitting lawyer is going to say there is a difference; suggested adding a parenthetical after "meeting shall mean anything of the following" which reads: "this definition is intended to be synonymous with meeting as defined in the Brown Act, except for Section 2-91.1(b)(4)(C) which is intended to be more restrictive than the Brown Act:" then it would be crystal clear that the same thing is meant. The Assistant City Attorney stated the language can be added if it is the direction of the Commission. Chair Aguilar inquired if it is meant to be synonymous; stated it is very similar Vice Chair Foreman responded the Assistant City Attorney stated it is synonymous. The Assistant City Attorney stated the Brown Act covers more things that are not considered meetings; there are a couple of additional items; the fact that the Sunshine Ordinance does not cover everything does not mean the City does not have to observe both the Brown Act and the Sunshine Ordinance, whichever is more restrictive; all the exceptions to meetings are not covered; it is okay to indicate that there is a particular Subsection that, while it intended to paraphrase what is in the Brown Act, is more restrictive; a parenthetical can be added. Vice Chair Foreman moved that the parenthetical be added at the beginning of the definition of the term meeting. Commissioner Dieter seconded the motion, which carried by unanimous voice vote - 3 The Assistant City Attorney continued the presentation Vice Chair Foreman stated he has the same issue with regard to policy body which is in the same Section. The Assistant City Attorney stated that he assumes Vice Chair would want to add a parenthetical that policy bodies shall mean legislative bodies. The Vice Chair stated that he would add a parenthetical that the definition of the term policy body tends to be synonymous with the term legislative body in the Brown Act; the purpose is that policy body is thought to be more descriptive. Meeting of the Open Government Commission March 30, 2015 7 | OpenGovernmentCommission/2015-03-30.pdf |