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Letter: City ordnance violates Brown Act

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City ordnance violates Brown Act
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Posted by editor Tue Sep 5, 2006 15:56:43 PDT
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I take exception to the city ordnance requiring speakers to give their name and address prior to speaking to the board. The city council is governed by state law concerning open meetings. The Brown Act guarantees that any legislative body in California must allow people to speak during public comments. Once of the tenets of the Brown Act is that participants cannot be required to “sign in” according to section 54953.3 of the Act.

The city requirement is in violation of state law. The purpose of this “sign in” law is to prohibit government from harassing citizens when they disagree with elected bodies.

Ed Grimes stated in the Tehachapi News that the ordnance was created 30 years ago and has no sinister purpose. Unfortunately, it violates state law and is therefore illegal.

I would remind the council that failing to follow the Brown Act is a felony. I suggest the council contact their legal advisors on this issue prior to their next meeting.
— Judi Feilemeier
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Comment From: jimr

Fri Sep 8, 2006 04:47:30 PDT
I quite agree with this writer's statement and urge her and all Tehachapi citizens to attend the City Council meeting of Sept. 18, 2006 where I will formally tender my amendment to Ordinance #357 to eliminate the requirement for any speaker to publicly state their address. This "law" is 30 years old and needs a today's reality check. Jim Richards
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