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Resolution Requesting Legal Memo for Public Release
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Whereas, The functioning of our systems of government depend on the fair and unbiased application of laws, rules, and procedures;
Whereas, Local laws, rules, and procedures must respect all state and federal law, including rights outlined in the Constitution;
Whereas, The stability of a democracy depends on a community’s acceptance of laws, rules, and procedures as legitimate;
Whereas, A basic understanding of laws, rules, and procedures is helpful toward promoting community acceptance of them as legitimate;
Whereas, Recent community conversation has demonstrated a clear need for education about specific Constitutional rights in the context of local laws, rules, and procedures;
Whereas, Misunderstandings and misstatements of fact - left uncorrected - are often repeated and accepted as truth; and
Whereas, Legal expertise is required to correct misunderstandings and mis-statements of facts regarding our laws, rules, and procedures in the context of state and federal law;
RESOLVED, That the City Attorney is directed to prepare a legal memorandum specifically for the benefit of the public and for public release, broadly explaining the intersection of First Amendment rights and application of Council Public Meeting Rules as they currently exist and the potential for rules moving forward;
RESOLVED, That the City Attorney’s legal memorandum be appropriate for posting on the City’s website where other information about procedures for Public Comment at Public Meetings is posted; and
RESOLVED, That this legal memorandum be shared with Council on or before March 1, 2021.
Sponsored by: Councilmembers Nelson, Hayner, and Griswold
As Amended and Postponed by Ann Arbor City Council on January 19, 2021