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City Council in Violation of Brown Act

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City Council in Violation of Brown Act
By: Jim Richards

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Posted by jimr Fri Sep 15, 2006 15:41:04 PDT
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1 response 1 comment

To my fellow City of Tehachapi citizens:

 

Please join me on Monday, Sept. 18, 2006 at the City Council meeting where I have asked to be placed on the agenda to address the Council regarding their continued requirement that “ Each person addressing the Council shall stand up, shall give his name and address in an audible tone of voice for the record.” This is stated in City Ordinance #357 which is a 36 year old Ordinance. However, effective January 1, 2004 the State of California enacted The Brown Act which affects all public and open meetings and which expressly prohibits, in Section #54953.3, any City or County entity from the requirement that citizens in attendance and in addressing their officials at said meetings must “Register” their name and address. The Brown Act states the reason is to “prohibit government from harassing citizens when they disagree with elected bodies.” I am requesting the City Ordinance words in #357 to be stricken in their entirety.

 

I am requesting this as an emergency resolution which would allow it to be read into the record and voted on immediately without any further discussion or delay and all City authorities have been provided an advanced copy of this proposal.

 

I have no personal ax to grind in this matter and am not running for any public office. It is simply a matter of personal security and safety.

 

I encourage all citizens to regularly attend these Council meetings and get involved in local affairs. We are all voting and tax paying residents and are entitled to hold our elected officials responsible for their actions. We are the Electorate and they must answer to US, not the opposite. Step up to the plate and voice your opinion.

 

Respectfully,

 

Jim Richards

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Comment From: ruralvoice

Sat Sep 16, 2006 19:13:40 PDT
Mr. Richards, thank you for taking the time to logically and, in accordance with due process, address this issue. I previously read where you brought this to the council's attention, and I am surprised, if the law is as you state, that the Council has not of their own accord moved to immediately correct the conflict. I am hopeful you will be warmly received. If the ordinance conflicts with the law, I would not think there would be any difficulty in immediate correction. And, with such ample notice, the City's attorney should already be fully informed and prepared to assist. Thank you for your effort and energy.
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