HomeMy WebLinkAboutAGENDA REPORT 2024 0910 LB REG ITEM 08DITEM: 8.D.
CITY OF MOORPARK
MOORPARK LIBRARY BOARD
AGENDA REPORT
TO: Moorpark Library Board
FROM: Jessica Sandifer, Deputy Parks and Recreation Director
DATE: 09/10/2024 Regular Meeting
SUBJECT: Receive Report on Allowable Library Board Fundraising Activities
BACKGROUND
Over the years, many members of the Library Board have expressed a desire to assist
with fundraising activities for the new Library. In 2019, the Library Board formed an Ad
Hoc Committee to explore fundraising opportunities for the new Library. The goal of the
committee was to explore partnerships and opportunities with other non-profits to facilitate
fundraising for the Library. Initially the Ad Hoc Committee was used because two
members of the Board gathering to discuss a single topic item, did not meet t he test for a
standing committee, and did not require noticing under the Brown Act. In 2023, due to
some changes with legal precedent around the Brown Act, the City Attorney notified us
that Ad Hoc Committee’s that are in existence for longer than two years, start to become
Standing Committees, and although Standing Committees are only composed of two
members of a governing body, they are subject to the Brown Act and all the noticing and
minute requirements. It was determined that noticing requirements would affect the work
of the Committee and not allow for the free flowing of ideas and meetings that is typically
required for fundraising activities. The Ad Hoc Committee was disbanded in 2023. Since
the disbandment of the Ad Hoc Committee, there is still a desire by members of the Board
to participate in fundraising activities for the Library. To that ended staff discussed
permissible activities that would allow the Library Board to fundraise for the New Library,
while staying in compliance with the Brown Act.
DISCUSSION
As a reminder, the Brown Act applies to elected or appointed governing bodies of local
governments. This applies to all Boards and Commissions of the City of Moorpark.
Essentially under the Brown Act, Boards and Commissions cannot discuss items within
their “subject matter jurisdiction” unless it is at an open, publicized meeting, with an
agenda and minutes to note the action taken afterwards.
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Library Board Regular Meeting
September 10, 2024
Page 2
Generally, the subject matter jurisdiction of the Library Board includes acting in an
advisory capacity to the City Council on the following topics:
•Make recommendations on rules, regulations and bylaws necessary for the
administration, government, and protection of the library;
•Recommend the duties and powers of the librarian and other employees;
•Recommend purchases of books, journals, publications, and other personal
property;
•Borrow books from, lend books to and exchange books with other libraries, and
recommend policy language around these activities;
•Review the annual report to the state librarian;
•Other activities as directed by the City Council
The Library Board does not manage, approve, or make monetary decisions about the
library facility or construction of the new library, so these items are not considered subject
matter jurisdiction of the Library Board. The City Attorney has opined that the Library
Board members, can participate in library fundraising activities. This includes participation
in the Friends of the Library meetings and activities, and activities of other non-profits
interested in fundraising for the library.
There are some items of caution to be aware of if there are ever three or more library
board members in attendance at a Friends of the Library Board meeting. For those
meetings where three Library Board members would want to attend, the Friends meeting
needs to be considered an open and publicized meeting, meaning anyone can attend the
meeting, and the Library Board members need to be careful to not discuss any Library
Board business amongst themselves. If only one or two members attend, the Friends
meeting doesn’t even need to be considered open and publicized. However, there is
always a caution about discussing Library Board business even with just one other
member.
Additionally, all of the Library Board members are permitted to volunteer their time at
fundraising events (together) without needing to worry about the Brown Act , as these
activities fall under the social or ceremonial occasion exception in the Brown Act.
In summary, Library Board members are free to participate in fundraising activities of the
Friends of the Library or other non-profit groups, without fear of violating the provisions of
the Brown Act, keeping in mind the cautions about discussing Library Board specific items
with your fellow board members.
STAFF RECOMMENDATION
Receive and File Report.
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