Monday, October 26, 2009
City Closed Session, includes a prior Open Meeting
State of California Reference: http://codes.lp.findlaw.com/cacode/GOV/1/5/d2/1/9/s54956.8
All State of California Codes: http://california.lp.findlaw.com/index.html
The city of Pacifica city has added an "open meeting" to their city council "closed session meetings" as the result of citizen complaint to the city. Visible on the 10/26/09 Agenda is the change with the trailing language "the public will have an opportunity to comment on this item before the city council goes into closed session". City council agendas dating back to 2006 are available at:
California Code 54956.8
Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
Prior to 10/26/2009 as far back as the city council Agendas posted in 2006, there is no mention of an "open meeting" requirement prior to "closed session meetings". This is another city transparency and civic rights improvement in a series improvements made by citizens who read this blog, it was a team effort. Moral to this story: following settled consideration, usually "collective intelligence" gives a better outcome when there is action.
Posted by Kathy Meeh