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HomeMy WebLinkAbout17 - Finance Committee - CorrespondenceReceived After Agenda Printed April 26. 2016 Item No. 17 From: Harp, Aaron Sent: Tuesday, April 26, 2016 11:38 AM To: Brown, Leilani Subject: FW: Agenda Item 17 and Brown Open Meeting Law From: cano securities-law.com [mailto:cano@securities-law.com] Sent: Tuesday, April 26, 2016 11:31 AM To: Kiff, Dave; Duffield, Duffy; Dixon, Diane; Muldoon, Kevin; Curry, Keith; Selich, Edward; Petros, Tony; Peotter, Scott Cc: Harp, Aaron Subject: Re: Agenda Item 17 and Brown Open Meeting Law Dear Mr. Kif£ You are indeed correct about the Brown Act. I am objecting to the waiver of Council Policy A-6, the City's own open meeting policy. At to the first item: a) Waive City Council Policy A -6 relating to how a Council Member can place an item on the regular City Council Meeting Agenda; This appears to be a permanent amendment to the Council Policy Manual. While Section D-3 of the Policy Manual Provides, "Nothing in this policy shall prevent any individual member of the Council, the City Manager, or City Attorney from suggesting to the Council manual revisions at other times during the year." Isn't it prudent governance to have the opportunity for study and comment when amending something as important as the Council Policy Manual and not just minimal notice and placement at the end of the Meeting Agenda. The other items on the Agenda are: b) Confirming the Mayor's appointment of a new chairperson to the Finance Committee; c) Removing Council Member Curry from the Finance Committee; and, if approved, consider: d) Confirming the Mayor's appointment of a new Council Member to the Finance Committee; and removing the newly appointed Council Member's citizen advisor appointee from the Finance Committee Again, is it prudent governance to have minimal notice and study for changes in the composition of the Finance Committee, just 2 days in advance of the Finance Committee meeting when something as important and the management, amortization, and handling of the City's unfunded pension liability is being considered by the Finance Committee. Kristin M. Cano On April 25, 2016 at 8:31 PM "Kiff, Dave" <DKif[@newportbeachca.gov> wrote: Ma'am - You might be misunderstanding something. Nothing in the Brown Act was or will be waived. The waiver has to do with a local Council policy, which can indeed be waived with four votes. The Brown Act is State law, and in this case is being fully met - it requires 72 hours' notice of the agenda item, a clear description of the matter being considered, an opportunity for public comment, and a public vote. Dave Kiff City Manager Sent from my iPad On Apr 25, 2016, at 8:06 PM, cano securities-law.com <canoksecurities-law.com> wrote: Dear Mr. Kiff and Members of the City Council: I was reviewing the Agenda for the City Council Meeting to be held on April 26, 2016 and noted the Item 17: At the Request of Council Member Peotter, Consider Waiving Council Policy A-6 (Open Meeting Policies) so that the City Council May Consider Whether to: (1) Confirm the Mayor's Appointment of a New Chairperson to the Finance Committee; (2) Remove Council Member Curry from the Finance Committee; and (3) if Council Member Curry is Removed from the Finance Committee: (a) Confirm the Mayor's Appointment of a New Council Member to the Finance Committee; and (b) Remove the Newly Appointed Council Member's Citizen Advisor Appointee from the Finance Committee (no staff report is provided with this item) a. Waive City Council Policy A -6 relating to how a Council Member can place an item on the regular City Council Meeting Agenda; and, if approved, consider: b. Confirming the Mayor 's appointment of a new chairperson to the Finance Committee; c. Removing Council Member Curry from the Finance d. Committee; and, if approved, consider: e. Confirming the Mayor 's appointment of a new Council Member to the Finance Committee; and removing the newly appointed Council Member's citizen advisor appointee from the Finance Committee. I would like an explanation of why, anything as important as blanket waiver of the Brown Act Open Meeting requirements and removal of the Chairperson of the Finance Committee and appointment of new member to the Finance Committee, or, in fact, any matter to do with the Finance Committee and our City's finances would be pushed through with a such a waiver of the Brown Open Meeting Act. The Brown Open Meeting Act is sacrosanct in California government and should not be lightly waived, particularly when it comes to municipal finances. Section A-6, Open Meeting Policies, requires council members to request an item be considered at a council meeting. At the following meeting, the council votes to consider the item and at the meeting after that the issue is set for decision. This requires a lot more than 5 days public notice As a long standing resident and homeowner in this community, I object to waiving any provision of the Brown Open Meeting Act, particularly when it relates to our City's finances. Such a waiver might be appropriate for an item such as,'what color to paint the fence at the Dog Park, but it is beyond the pale when it comes to this City's Finance Committee and our City's finances.. Kristin M. Cano 789 Avocado Ave. Corona del Mar