HomeMy WebLinkAboutAGENDA REPORT 2024 0106 PR REG ITEM 04B POWERPOINT ITEM: 4.B.
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 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.
Prohibition:
The Brown Act specifically prohibits a majority of the
members of a legislative body (a “quorum”) from using
“a series of communications of any kind, directly or
through intermediaries, to discuss, deliberate, or take
action on any item of business that is within the
subject matter jurisdiction of the legislative body”
unless it occurs in an open and public meeting.
Who does it apply to?
“Legislative Bodies”
City Council
Commissions, boards or committees created by the
City Council
Exception:
Ad hoc advisory committees composed solely of less
than a quorum. Has a specific task or assignment.
What is an “Open and Public Meeting”?
“any congregation of a majority of the members of a
legislative body at the same time and location,
including teleconference…, to hear, discuss, deliberate,
or take action on any item that is within the subject
matter jurisdiction of the legislative body”
Proper public notice
An agenda which adequately describes items to be
considered
Opportunity for public attendance and participation
Common Pitfalls
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, contacts a quorum of
the members of the body to develop a collective agreement (or
communicate each member’s respective positions) on an action to be
taken by the legislative body.
Collective briefings
Retreats and workshops
Informal gatherings
Common Pitfalls (continued)
Social Media
Members of a legislative body can engage in separate
conversations or communications on an internet-based
social media platform to answer questions or provide
information to the public provided that a majority of
the members do not use the internet-based social
media platform to discuss business of a specific
nature that is within the subject matter jurisdiction
of the legislative body.
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
Violations
Invalidation of action taken
Misdemeanor against individual members