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HomeMy WebLinkAboutAGENDA REPORT 2017 0621 CCSA REG ITEM 09D ITEM 9.D. CITY OF MOORPARK,CALIFORNIA City Council Meeting of ,., /-a0/7 ACTION: // = r� ____ez MOORPARK CITY COUNCIL del, `'!h. 94- 2-r--- AGENDA REPORT TO: Honorable City Council FROM: Kevin G. Ennis, City Attorney DATE: June 15, 2017 (CC Meeting of 6/21/2017) SUBJECT: Brown Act Limitations with Respect to Social Media and Attendance at Community Meetings BACKGROUND/DISCUSSION This report is intended to provide general advice to the members of the City Council as to legal restrictions councilmembers should follow in deciding when and how to engage in the use of "social media" in connection with matters of City Council business. It is also intended to address the issue of when and under what circumstances may a quorum of the City Council attend and participate in community meetings without violating the Brown Act. A. Use of Social Media As you are aware, communications from the members of the City Council on matters within the subject matter jurisdiction of the City Council are subject to the Ralph M. Brown Act (Cal. Gov. Code Section 54950, et seq.) ("Brown Act"). The Brown Act requires that all meetings of members of the Mayor and City Council be taken in open, noticed public meetings. The Brown Act prohibits "serial meetings" between a majority of the members of the City Council, which includes using E-mail or other forms of social media "to discuss, deliberate or take action on" any item of business that is within the subject matter jurisdiction of the City Council. (Gov't Code § 54952.2(b)(1).) Accordingly, Councilmembers should proceed cautiously with engagement of social media on issues that are within the subject matter jurisdiction of the City 80 12853-0001\2083154v 1.doc Honorable City Council Page 2 Council. However, we recognize that, at times, it can be important for a councilmember and the City generally to respond to social media posts. Thus, a blanket policy prohibiting such engagement may be both unworkable and unreasonable in all cases in light of the prevalence of information sharing on social media. In summary, not more than two councilmembers should post or respond to a post on the same subject. Councilmembers should refrain from sharing viewpoints or facts that have not already been shared by a councilmember at a City Council meeting, and particularly prior to a City Council decision. City sponsored or managed social media sites should not be used for personal or political purposes. Beyond these basic rules, we have provided separate and additional advice to the City Council on these and related issues by way of a confidential memorandum. B. Attendance at Community Meetings. The Brown Act prohibits members of a "legislative body," such as the City Council, from gathering at the same time and place to "hear, discuss, deliberate or take action on" any item that is within the subject matter jurisdiction of the City Council unless that gathering is at an open and noticed meeting conducted in compliance with the Brown Act. However, there are several exceptions to this rule. One of those exceptions is known as the "community meeting" exception." Under the community meeting exception, a majority of City Council members are allowed to attend privately sponsored neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings at which issues of local interest are discussed. § 54952.2(c)(3). In order to fall within this exception, however, members of the City Council must observe several rules that limit their attendance and involvement in those community meetings. First, the community meeting must be "open and publicized." Therefore, attendance by a majority of the City Council at a homeowners association meeting that is limited to the residents of a particular development and only publicized among members of that development would not qualify for this exemption. The meeting must be open to any member of the public. If it is not open to the general public and is not publicized to the general public, a majority of the City Council should not attend. Second, a majority of councilmembers cannot gather together at the community meeting to discuss matters of City Council business other than as part of the scheduled program. This means that the councilmembers in attendance should not stand or sit together and confer amongst themselves about issues arising at the meeting or other matters of City Council business. Third, if there is a "scheduled program" for the community meeting, such as an order of business, an agenda or a planned schedule of speakers, then individual 81 12853-0001\2083154v1 doc Honorable City Council Page 3 councilmembers may speak as part of that "scheduled program" even though two or more other councilmembers are at the same event. If the meeting is more informal with no "scheduled program," then councilmembers may not speak as part of the community meeting if two or more of their fellow councilmembers are also in attendance. If less than a quorum of the Council (two or fewer) attend the community meeting, then these limitations would not apply and one or both councilmember could speak even if there is no "scheduled program." The Brown Act has been generally interpreted to allow for staff or councilmembers to inquire as to who on the City Council will or will not attend various meetings and events and for staff or a councilmember to share that information so as to ensure compliance with the Brown Act, as long as facts and viewpoints about items of city business are not shared in those communications. This is because the City Council and staff need to be able to call special meetings based on the availability of councilmembers. In addition, information about the planned personal attendance or absence of a councilmember at a community meeting does not rise to the discussion or deliberation on a matter of City Council business, and is often done to ensure there is no inadvertent violation of the Brown Act. FISCAL IMPACT Other than the cost incurred in the preparation of this report, there is no fiscal impact from this item. CITY RECOMMENDATION It is recommended that the Council ask questions and engage in discussion of the issues presented in this report if they so desire, and then receive and file this report or direct staff as deemed appropriate. 82 12853-0001\2083154v 1.doc