Neighbor News
The Spirit Of The Law Is Still Broken
The letter of the law versus the spirit of the law is an idiomatic antithesis. You have wiggle room to interpret said law
Knowledge about the workings of city government just got a little easier for those citizens that have chosen not to signed up for e-mail blast from the city. (Less than 1,000 have)
Access to agendas for City Council, Planning Commission, Measure Z Oversight Committee and some subcommittees have been somewhat enhanced, although not entirely, by the city complying with the requirements of the Grand Jury.
For a typical city meeting held on a Wednesday at 6:30pm notice is required to be posted 72 viewable hours prior, or no later than 5:30pm Sunday because Closed Sessions begin at 5:30pm and Public Comments are allowed.
Viewable hours are important enough for the California Attorney General’s Office to have issued a determination
In 78 Ops.Cal.Atty.Gen. 327, 331-332 (1995), this office concluded that the 72-hour notice requirement mandates local agencies to post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting. Accordingly, notices cannot be placed in buildings which are locked for some portion of the 72 hours immediately prior to the meeting.
Find out what's happening in Lake Elsinore-Wildomarfor free with the latest updates from Patch.
https://oag.ca.gov/system/files/opinions/pdfs/95-812.pdf?Attorney General Opinion paper
In this opinion is this section of the “Brown Act”
Find out what's happening in Lake Elsinore-Wildomarfor free with the latest updates from Patch.
Section 54954.2, subdivision (a) requires that the posting occur in a location that is "freely accessible" to members of the public. "Accessible" may commonly be defined as "capable of being reached . . . capable of being . . . seen . . . ." (Webster's Third New Internat. Dict. (1971) p. 11.) "Freely" in this context may reasonably be defined as "without hindrance." (Id., at p. 906.) Obviously, locked doors would provide a "hindrance" to the agenda being "seen" during the 72-hour period. If an agenda cannot be viewed where it is posted, the purpose of section 54954.2's posting requirement would be frustrated.
Members of the public cannot be expected to have full opportunity to learn of agenda items of interest if the place where the agenda is posted is inaccessible to them during any portion of the required 72-hour period.
If the building in question is closed during the evening hours, the agenda may be posted on the outside of the building in a lighted display case if necessary.
To see additional pictures and further information visit http://www.wildomarconnected.c...
