HomeMy WebLinkAboutATTACHMENT 2024 0910 LB REG ITEM 04BATTACHMENT
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”
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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.
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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.
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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
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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
Last longer then one to two years, or
meeting fixed by charter, resolution, or other
formal action of legislative body
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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”
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The Six Exceptions
Individual contacts
Social events
Conference open to the public
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
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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
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What is an “open and public”
meetings?
Proper public notice
An agenda which adequately describes items to be
considered
Public attendance and participation
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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
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Location of meeting
Regular and Special meetings generally must be in the
jurisdiction of the body
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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
posting agenda
A continued item from a meeting held no more than five days
earlier
Brief response to comments from public
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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.
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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
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The Legislative Body
Cannot prohibit criticism of policies, procedures or
acts or omissions of the body
May place reasonable time limits on public comments
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Violations
Invalidation of action taken
Misdemeanor against individuals members
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