Res 12-048RESOLUTION NO. 12 -048
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, REAFFIRMING THE CITY'S
COMMITMENT TO OPEN GOVERNMENT AND TO COMPLIANCE
WITH THE RALPH M. BROWN ACT
WHEREAS, the State has suspended certain mandated programs in an effort
to cut millions of dollars more from California's Fiscal Year 2012 -2013 Budget; and
WHEREAS, a number of these suspensions relieve local governments of the
strict legal requirement to carry out previously- mandated programs, including certain
public noticing provisions of the Ralph M. Brown Act (the Brown Act), California's
open meeting law; and
WHEREAS, the Brown Act, found in California Government Code Section
54950, et seq., requires open and publicized meetings of government and advisory
bodies in local government, and allows members of the public to be present and to
address the body on issues relevant to the body's authority; and
WHEREAS, the City Council has recognized the critical importance of
providing open and transparent government by timely noticing public meetings and
adhering to open government laws;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Poway as follows:
Section 1: That the City Council and its appointed Committees that
currently are required to comply with the Brown Act are directed
to continue to do so, regardless of the suspension of related
mandates by the State of California.
Section 2: That the City Council reaffirms its commitment to maintain
compliance with the Brown Act, as well as the City's other
governing laws that are designed to ensure the actions of City
government are open and transparent.
Section 3: That the City's voluntary compliance with suspended provisions
of the Brown Act shall not be construed to grant any rights or
remedies, related to any claim of non - compliance with suspended
provisions of the Brown Act.
Resolution No. 12 -048
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at a meeting this 7th day of August 2012.
I
Don Higginson, • ii
ATTEST:
a Alfroyan, MMC, City
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 12 -048 was duly adopted by the
City Council at a meeting of said City Council held on the 7th day of August 2012, and
that it was so adopted by the following vote:
AYES: BOYACK, MULLIN, GROSCH, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
I-Kda Troyan, MMCtCity Clerk
City of oway