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BROWN ACT ERROR REDO ON TWENTYNINE PALMS CITY MANAGER CONTRACT

The only discussion item at the May 14 regular meeting of the Twentynine Palms City Council is a re-do of the contract for the new City Manager. Dan Stork has more details…
Following initial approval by the Twentynine Palms City Council of a contract for Joe Guzetta in a Special Meeting on April 30, former Council member Steve Spear charged that the action violated state law. The specific section of the state’s General Code relating to special meetings that Spear cited can be read in this story at kcdzfm.com. From General Code 54956:
(b) Notwithstanding any other law, a legislative body shall not
call a special meeting regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits, of a local agency
executive, as defined in subdivision (d) of Section 3511.1. However,
this subdivision does not apply to a local agency calling a special
meeting to discuss the local agency’s budget.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=54001-55000&file=54950-54963
In responding to Spear, City Attorney Patrick Munoz characterized Spear’s offering as a “misunderstanding” of the law’s intent, implying (in this reporter’s opinion) that Spear was incorrect. However, “city staff” recommended, with concurrence of Guzetta, voiding the April 30 contract approval, and re-visiting it at this regular meeting, to “ensure there is no question that [the law] has been complied with.” In a later email, Munoz acknowledged to Spear, “You were correct on this issue.” In other business, the meeting is scheduled to start off with a presentation by Fire Chief Jim Thompson on Fire Services. The consent agenda includes the purchase of an aquatic lift for the Luckie Park swimming pool, to meet new Federal requirements for handicapped accessibility. There are no public hearings. Following the open session, a closed session features one conference on property acquisition for a parcel whose parcel id indicates it’s between Morongo Road and Larrea Road, north of Route 62, and another conference on anticipated litigation. The open session begins at 6 p.m. at City Hall on Adobe Road.

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