The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2023 0307 AC SPC ITEM 04B ITEM : 4. B. Review of the California Public Meeting Law (The Brown Act) Power Point Presentation No Staff Report ITEM: 4.B. ATTACHMENT (Of (3. I _ _ fir __ trt ) What Is It ? California's open meeting or "sunshine" law: "All meetings of the legislative body of a local agency shall be open and public..." "The people of this State do not yield their sovereignty to the agencies which serve them" The Law in a Nutshell The Brown Act requires all aspects of the decision- making process by legislative bodies - including discussion, debate, and acquisitions of information - to be conducted in public. The Prohibition • The Brown Act specifically prohibits "any use of direct communication, personal intermediaries, or technological devices that are employed by a majority of the members... to develop a collective concurrence as to action to be taken on an item by the members..:' unless it meets the open and public requirements. Who does it apply to ? • "Legislative Bodies" • City Council • Every commission, board or committee created by charter, ordinance or other action of the Council • Every committee or subcommittee created by resolution or other action of a commission, board or committee -a.,-.-Mrpo. ... _ f;d+d .a-. rr ,..5 ✓ oVA.?„fir' Exceptions Ad hoc advisory committees composed solely of less than a quorum. Has a specific task or assignment. Note: standing committees subject to Brown Act: • continuing subject matter jurisdiction, or • meeting fixed by charter, resolution, or other formal action of legislative body What is a " meeting " "any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location..., to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body" The Six Exceptions • Individual contacts • Social events Conference open to the public e Open and publicized community meetings organized by another organization Open and publicized meeting of another body of the local agency, or a legislative body of another local agency • Open and noticed meeting of a standing committee Common Pitfalls Collective Briefings Serial meetings • Daisy Chain • A contacts B, B contacts C, and so on, until a quorum has been involved • Hub and spoke • An intermediary, such as the agency manager or attorney, contracts at least a quorum of the members of the body to develop a collective concurrence (or communicate each member's respective positions) on an action to be taken by the legislative body. • Retreats and workshops Informal gatherings What is an "o en and public" p meetings ? • Proper public notice • An agenda which adequately describes items to be considered • Public attendance and participation Proper Public Notice Regular Meeting • Agenda posted 72 hours before meeting in a public place • Agenda must be mailed to any person who has requested such notice in writing Special meeting • Agenda posted 24 hours before meeting • Written notice must be sent to each member (unless waived) and to local media which has requested such notice Location of meeting Regular and Special meetings generally must be in the jurisdiction of the body Agendas Basic rule: No action or discussion of items unless posted on the agenda • Exceptions: • Emergency meeting • Two-thirds of the members present determine need for immediate action which came to members' attention after positing agenda • A continued item from a meeting held no more than five days earlier • Brief response to comments from public Contents of Agenda • Meeting time and place * A brief general description of each item of business to be transacted or discussed at the meeting... need not exceed 20 words. The Public's Rights Cannot require members of public to register name, provide info, or fill questionnaire as a condition to attending • No secret ballots Public has right to review agendas and writings distributed to the body Public may record proceedings Agenda must allow members of public right to speak May remove willfully disruptive individuals elk The Legislative Body Cannot prohibit criticism of policies, procedures or acts or omissions of the body • May place reasonable time limits on public comments Violations Invalidation of action taken Misdemeanor against individuals members