Politics & Government

RSM Law: Adhere to Brown Act Despite State's Stance

The City Council of Rancho Santa Margarita passes a resolution to continue to follow the public information protocol even though State has suspended certain requirements.

There will be no secrets at City Hall. That's the message that was sent Wednesday by the Rancho Santa Margarita City Council.

The council unanimously agreed to pass a resolution—on the city staff's recommendation—that will require Rancho Santa Margarita to continue to follow the Ralph M. Brown Act for public disclosure, even though of local governing bodies.

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The action was in response to assembly bills signed into law on June 27 that provided for a three-year suspension of certain provisions of the Brown Act. 

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"I like staff's recommendation that we keep the standard as high as possible," councilman Jerry Holloway said. "I don't understand the state's action on this."

All three attendant council members—Steve Baric was out of town and Jesse Petrilla is serving with the National Guard in Afghanistan— for the state's decision to try to save money. Among the reimbursable mandates that were suspended by the state: 

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  • Preparation and posting at least 72 hours before a regular meeting of an agenda that contains a brief description of each item of business to be transacted or discussed at the meeting.
  • Inclusion on the agenda that of a brief general description of all items to be discussed in closed session.
  • Disclosure of each item to be discussed in closed session in an open meeting, prior to any closed session.
  • Report in open session prior to adjournment on the actions and votes taken in closed session regarding certain subject matters.
  • Provide copies to the public of certain closed session documents.

"This is ill-conceived by the state—of all the things to cut at a time like this when so many people have lost faith in their government leaders, to take away rules that help ensure openness and transparency makes no sense to me," Mayor Tony Beall said. "There are better things they could cut other than something like this that's so important. I'm proud of our city for the record that we have for openness, honesty and transparency, and I appreciate that we will unanimously tonight agree to pass this resolution to keep acting within the highest of standards."

Added councilwoman Carol Gamble: "If we can figure out how to do it, I can't figure out why the state can't figure out how to do it," she said. "There's no possible way in the world I would want to suspend the Brown Act."


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