<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Modesto City Council meeting cancelled to avoid open government violation</title>
	<atom:link href="http://www.firstamendmentcoalition.org/2010/02/modesto-city-council-meeting-cancelled-to-avoid-open-government-violation/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.firstamendmentcoalition.org/2010/02/modesto-city-council-meeting-cancelled-to-avoid-open-government-violation/</link>
	<description>Defending Your Freedom of Speech &#38; Right to Know</description>
	<lastBuildDate>Wed, 08 Sep 2010 05:22:24 -0400</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: Doug Estes</title>
		<link>http://www.firstamendmentcoalition.org/2010/02/modesto-city-council-meeting-cancelled-to-avoid-open-government-violation/comment-page-1/#comment-6210</link>
		<dc:creator>Doug Estes</dc:creator>
		<pubDate>Sat, 06 Feb 2010 20:19:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.firstamendmentcoalition.org/?p=6174#comment-6210</guid>
		<description>From the attorney General Brown Act pamphlet :

“The definition of the term “meeting” contained in section 54952.2(a) includes any congregation of a majority of the members of a body at the same time and place to hear, discuss or deliberate on any issue under the subject matter jurisdiction of the body. This definition makes it clear that the body need not take any action in order for a gathering to be defined as a meeting.”

Government Code
54952.2. (a) As used in this chapter, &quot;meeting&quot; means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. 

This says to hear, discuss, deliberate, or take action, not conduct business as stated in the article.  If the Council Members do nothing else they will still here the Mayor&#039;s concerns.


Gov Code Section 
54952.2
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following: 
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. 
**********
To me this says, to be exempt, the meeting must be organized by someone other then the government.  However,  this meeting is not to address a topic of local community concern by a person or organization other than the local agency,  this meeting is for  the Mayor to give his State of the City speech.  This is the Mayor’s concerns.  This seems to me to be a Brown Act meeting.  If not, I think it is close enough and should be considered one for the benefit of The People.</description>
		<content:encoded><![CDATA[<p>From the attorney General Brown Act pamphlet :</p>
<p>“The definition of the term “meeting” contained in section 54952.2(a) includes any congregation of a majority of the members of a body at the same time and place to hear, discuss or deliberate on any issue under the subject matter jurisdiction of the body. This definition makes it clear that the body need not take any action in order for a gathering to be defined as a meeting.”</p>
<p>Government Code<br />
54952.2. (a) As used in this chapter, &#8220;meeting&#8221; means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. </p>
<p>This says to hear, discuss, deliberate, or take action, not conduct business as stated in the article.  If the Council Members do nothing else they will still here the Mayor&#8217;s concerns.</p>
<p>Gov Code Section<br />
54952.2<br />
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:<br />
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.<br />
**********<br />
To me this says, to be exempt, the meeting must be organized by someone other then the government.  However,  this meeting is not to address a topic of local community concern by a person or organization other than the local agency,  this meeting is for  the Mayor to give his State of the City speech.  This is the Mayor’s concerns.  This seems to me to be a Brown Act meeting.  If not, I think it is close enough and should be considered one for the benefit of The People.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
