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Brown Act |
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Glossary of Government Terms |
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Western Ave. Task Force |
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City of Los Angeles |
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Coastal San Pedro
Neighborhood Council |
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Los
Angeles County Property Tax |
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Ralph
Brown Act - Open Meetings - Attorney Generals Detailed Explanation |
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27 page .pdf
of the Brown Act |
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Actual Code on State's
Website - Government Code
54950-54963 |
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11/6/2004
Daily Breeze Article about King Drew Center being closed |
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District Attorney
Steve Cooley concluded Friday that county
supervisors violated the Brown Act, the state's open meeting law, by
reaching a decision behind closed doors to close the trauma center at Martin
Luther King Jr.-Drew Medical Center. |
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Cooley said he will take no legal action against the
supervisors, on the grounds that they did not intentionally try to
exclude the public. |
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***Mr. Cooley, Esq. is correct here - |
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Government Code #
54959.
Each member of a legislative body who attends a meeting of that legislative
body where action is taken in violation of any provision of this chapter,
and where the member
intends to deprive the public of information to which the member
knows or has reason to know the public is entitled under this chapter, is
guilty of a
misdemeanor.
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"I don't know that we need to hear the tapes," said
Councilwoman Janice Hahn, who had accused the supervisors of violating state
law. "He's the people's attorney. He says they violated the Brown Act.
That's good enough for me." |
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***What about "Innocent Until PROVEN Guilty?" |
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Fourth Amendment - Search and Seizure
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Fifth Amendment - Rights of Persons
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Sixth Amendment - Rights of Accused in Criminal Prosecutions
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Seventh Amendment - Civil Trials
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Eighth Amendment - Further Guarantees in Criminal Cases
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The supervisors agreed to release the meeting audiotapes on
the condition that their contents remain confidential.
***Then how would there be prosecution, if Mr. Cooley had thought they
did it intentionally?
Because Cooley agreed
to those terms, he said he could not provide the factual basis for his
written opinion.
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After reviewing the tapes, Cooley determined the supervisors
had violated the law both by discussing plans to close the trauma center and
by reaching an "apparent consensus," or a decision, on the plan. "In so
doing, the board considered matters which were not privileged and which
should have been aired in an open and public meeting," Cooley wrote.
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"I take the Brown Act very seriously, and to the extent that
any of our deliberations exceeded the Brown Act's limitations, it is
regrettable," Yaroslavsky said. "But it was neither deliberate nor
malicious, as the district attorney concluded." |
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