HomeMy WebLinkAboutMINUTES - 05211996 - D6 TO: BOARu Or SUPE'RvtsORS . ,,r, 'L • . Contra
FROM: SUPERVISOR GAYLE BISHOPJ Costa
County
DATE: May 15, 1996
Yrs C N
LEGISLATION: AB 2403 (Miller) REQUIRING THAT CERTAIN TESTIMONY
SUBJECT: BEFORE THE BOARD OF SUPERVISORS BE GIVEN UNDER PENALTY
OF PERJURY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in support of AB 2403 by Assemblyman Gary Miller which would
require that prior to providing testimony before the Board of Supervisors on certain
subjects, the individual providing the testimony declare under penalty of perjury that
the testimony is truthful. This requirement would apply only when the Board of
Supervisors is hearing protests of bidding provisions, contract awards and
provisions, and claims arising from these matters.
BACKGROUND:
The Ralph M. Brown Act generally requires that meetings of the legislative bodies
of local agencies be conducted openly. Assemblyman Miller has introduced AB
2403. As originally introduced the bill was much more extensive and required that
all testimony given before the Board of Supervisors be under oath. The bill has
since been amended three times and now only applies this requirement to three
situations:
• When the Board is hearing protests of bidding provisions.
• When the Board is hearing contract awards and provisions.
• When the Board is considering claims arising from the award of bids or
contracts.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ra�YI.E BIaH�P
ACTION OF BOARD ON 996 APPROVED AS RECOMMENDED OTHER X
ADOPTED a position in support of AB 2403 as amended to permit the
local jurisdiction the discretion to have testimony under oath and
penalty of perjury but to not require it.
VOTE OF SUPERVISORS
XX _ _ _ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED May 21 , 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
Cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
I3Y ,DEPUTY
It seems reasonable to expect that at least in these situations the Board has some
level of assurance that the testimony that is being provided is truthful. I am therefore
recommending that the Board of Supervisors indicate its support for AB 2403.
The bill is scheduled to be heard in the Assembly Appropriations Committee on
Wednesday, May 22, 1996.
cc: County Administrator
County Counsel
The Honorable Gary Miller
Assemblyman, 60th District
Room 5126, State Capitol
Sacramento, CA 95814
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
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