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NO THEY DIDN'T SAY THAT !
Researched Responses to Published Statements Made by Tehachapi City Officials.
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Relevant Parts of The Brown Act That Govern City Council Meetings-Part 3 of 3
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paralegal39years - > NO THEY DIDN'T SAY THAT ! -> Relevant Parts of The Brown Act That Govern City Council Meetings-Part 3 of 3
Relevant Parts of The Brown Act That Govern City Council Meetings-Part 3 of 3

The first and second parts of The Brown Act, when they posted "went off the chart".  Hence, you may have to print it out, or cut and paste and to save for future reference.  Sorry about the snafu.

Here's the 3rd part of The Brown Act that's relevant.

CHARGE OR COMPLAINT INVOLVING INFORMATION 
PROTECTED BY FEDERAL LAW
.
CONFERENCE INVOLVING A JOINT POWERS AGENCY
.
AUDIT BY BUREAU OF STATE AUDITS
.
54956. A special meeting may be called at any time by the 
Presiding officer of the legislative body of a local agency, or 
by a majority of the members of the legislative body, by 
delivering written notice to each member of the legislative 
body and to each local newspaper of general circulation and 
radio or television station requesting notice in writing.  The 
notice shall be delivered personally or by any other means 
and shall be received at least 24 hours before the time of 
the meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the
business to be transacted or discussed. No other business 
shall be considered at these meetings by the legislative body.
 
The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public.
 
54956.5. (a) For purposes of this section, "emergency situation"
means both of the following:
   (1) An emergency, which shall be defined as a work stoppage,
crippling activity, or other activity that severely impairs public
health, safety, or both, as determined by a majority of the members
of the legislative body.
   (2) A dire emergency, which shall be defined as a crippling
disaster, mass destruction, terrorist act, or threatened terrorist
activity that poses peril so immediate and significant that requiring
a legislative body to provide one-hour notice before holding an
emergency meeting under this section may endanger the public health,
safety, or both, as determined by a majority of the members of the
legislative body.
   (b) (1) Subject to paragraph (2), in the case of an emergency
situation involving matters upon which prompt action is necessary due
to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with
either the 24-hour notice requirement or the 24-hour posting
requirement of Section 54956 or both of the notice and posting
requirements.
 (2) Each local newspaper of general circulation and radio or
television station that has requested notice of special meetings
pursuant to Section 54956 shall be notified by the presiding officer
of the legislative body, or designee thereof, one hour prior to the
emergency meeting, or, in the case of a dire emergency, at or near
the time that the presiding officer or designee notifies the members
of the legislative body of the emergency meeting. This notice shall
be given by telephone and all telephone numbers provided in the most
recent request of a newspaper or station for notification of special
meetings shall be exhausted.  
.
(e) The minutes of a meeting called pursuant to this section, a
list of persons who the presiding officer of the legislative body, or
designee of the legislative body, notified or attempted to notify, a
copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon
after the meeting as possible.
.
54956.6. No fees may be charged by the legislative body of a local
agency for carrying out any provision of this chapter, except as
specifically authorized by this chapter.
.
If the session is closed pursuant to subdivision
(a), the body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the body states that
to do so would jeopardize the agency's ability to effectuate service
of process upon one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations
to its advantage.
.
54957.2. (a) The legislative body of a local agency may, by
ordinance or resolution, designate a clerk or other officer or
employee of the local agency who shall then attend each closed
session of the legislative body and keep and enter in a minute book a
record of topics discussed and decisions made at the meeting.  
The minute book shall be available only to members of the 
legislative body or, if a violation of this chapter is alleged 
to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies.
.
54957.5. (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and any other writings, when
distributed to all, or a majority of all, of the members of a
legislative body of a local agency by any person in connection with a
matter subject to discussion or consideration at a public meeting of
the body, are disclosable public records under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1), and shall be made available upon request without
delay.
.
54957.7. (a) Prior to holding any closed session, the legislative
body of the local agency shall disclose, in an open meeting, the item
or items to be discussed in the closed session. The disclosure may
take the form of a reference to the item or items as they are listed
by number or letter on the agenda. In the closed session, the
legislative body may consider only those matters covered in its
statement.
.
54957.9. In the event that any meeting is willfully interrupted by
a group or groups of persons so as to render the orderly conduct of
such meeting unfeasible and order cannot be restored by the removal
of individuals who are willfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the
meeting room cleared and continue in session
 
54958. The provisions of this chapter shall apply to the
legislative body of every local agency notwithstanding the
conflicting provisions of any other state law.
.
54959. Each member of a legislative body who attends a 
meeting of that legislative body where action is taken in 
violation of any provision of this chapter, and where the 
member intends to deprive the public of information to which the member knows or has reason to know the public is entitled
under this chapter, is guilty of a misdemeanor.
.
54960. (a) The district attorney or any interested person may
commence an action by mandamus, injunction or declaratory relief 
for the purpose of stopping or preventing violations or threatened
violations of this chapter by members of the legislative body, or to determine the applicability of this chapter to actions or threatened future action of the legislative body, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to tape record its closed sessions as hereinafter provided.
.
(b) The court in its discretion may, upon a judgment of a
violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or
54957.6, order the legislative body to tape record its closed
sessions and preserve the tape recordings for the period and under
the terms of security and confidentiality the court deems
appropriate.
 
 
 
 
 
 
 
 
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posted by paralegal39years on Monday, October 8, 2007 at 03:07 AM
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