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HomeMy WebLinkAboutCITY COMMISSION, BOARD AND COMMITTEE MANUAL 11/15/93 r 6/)` /- 'a 't r",& EQUEoT FOR CITY C®UNC-., ACTION Date November 15, 1993 Submitted to Honorable Mayor& City Council Member r ED BY CITY COUNCIL Submitted by Michael T Uberuaga, City Administrator � 19Prepared byPatricia A Dapkus Management Assistant �CIIRI� Subject CITY COMMISSION, BOARD, AND COMMITTEE MANUAL Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue Recommendation Analysis Funding Source Alternative Actions Attachments Statement of Issue To provide operational guidelines and other information of general need for city boards, commissions and committees Recommendation 1 Approve the "Commissioner Manual" attached herewith as the manual to be utilized by all city boards commissions and committees 2 Direct that each staff liaison to a city board commission or committee provide a three ring bound copy of the manual to all current members of their respective city board commission or committee, and to each new member of same upon their appointment Analysis Some time ago the City Council established a Blue Ribbon Panel to review the role of the city's boards, commissions, and committees and to provide recommendations for improving the interrelationship between them the City Council and city staff Among the needs identified by the Panel was development of a clear set of policies to serve as a guide for advisory group members by providing a consistent set of guidelines for their day to day operation and other information of general need The attached manual was put together by administrative staff after reviewing similar manuals from other cities As presented the "Commissioner's Manual" would be a n st edition It should be viewed as a dynamic document to be amended and expanded as the need arises Funding Source The cost for providing binders would need to be absorbed by each department Plo 5/85 PAGE 2 Alternative Actions 1 Direct staff to amend as needed and postpone action to a date certain 2 Direct staff to review and amend as needed on an annual basis Attachments Commissioner Manual - �.. .� COUNCIL rr r r fj!...... 1 if i i{ ryr }fic'r iS"/!r% /�rlfrrl.��� �'r r a r rrr f ff��y��!`�`''%�f��y✓��f/�i/ irl l��r rrr r rf rrr r/{ tifrftvt J/ f%/l�fri/�/ram {�f /a/m/r rfj�J ll f ' ........ �r%!lam �rJ% spy r r ADVISORY GROUPS STAFF CITY OF HUNTINGTON BEACH CALIFORNIA CITY OF HUNTINGTON BEACH California CITY COUNCIL Grace Winchell Mayor Linda Moulton-Patterson Mayor Pro Tern Ralph Bauer Victor Leipzig Earle Robitaille Jim Silva Dave Sullivan CITY ADMINISTRATOR Michael T Uberuaga CITY ATTORNEY CITY CLERK CITY TREASURER Gail Hutton Connie Brockway Don Watson November 15 1993 1 © MAYOR Grace Wmchell ® QC c' . ®f Hjnn �IMIl71 t�®ICIl ���1bRa MAYOR PRO TEMPORE P O BOX 190 2000 MAIN STREET CALIFORNIA 92648 Linda Moulton Patterson tt- COUNCILMEMBERS Ralph Bauer Victor Leipzig Earle Robltaille Jim Silva Dave Sullivan INTRODUCTION I join with the City of Huntington Beach City Council in congratulating you upon your appointment as a city board, commission or committee member and in thanking you for your willingness to serve Under provision of the City Charter the elected City Council members bear the final decision making responsibility However the City Council members rely heavily on the expertise of and advice from city boards, commissions, and committees in arriving at those decisions Although the specific duties of each of Huntington Beach's advisory bodies varies widely depending on the purpose for which they are formed there are certain responsibilities that are common to all of them The purpose of this manual is to provide each board, commission and committee member a general orientation and guide by which to understand their role and responsibilities and to assist them in maximizing their contribution to the community You are urged to read it and use it as a reference when questions regarding your role arise As changes are required the manual will be updated and redistributed so that your reference will remain current Again, on behalf on the City Council congratulations on your appointment and thank you for your dedication to the well being of our community and its people Sincerely Grace Winchell Mayor D LI;J ]Z TELEPHONE (714) 536 5553 TABLE OF CONTENTS PAGE THE CITY I CITY ADMINISTRATION 2 COMMISSION, BOARD & COMMITTEE STRUCTURE 3 STAFF LIAISON RESPONSIBILITY Allied Arts Board 4 Community Services Commission 4 Design Review Board 4 Environment Board 4 Finance Board 4 Fourth of July Board 4 HCD - Citizen Advisory Board 4 Historic Resources Board 4 Human Resources Board 4 Library Board 4 Personnel Commission 4 Planning Commission 4 Transportation Commission 4 Youth Board 4 COMMISSION POLICIES &PROCEDURES 5 Appointments 5 Removals and Resignation 5 Meetings 5 Attendance 6 Conduct of Meetings 6 Agenda Procedures 6 Minutes 6 Communications to Council 7 Summary of Commission Actions 8 ui TABLE OF CONTENTS (continued) PAGE FISCAL PROCEDURE 9 Budget 9 Expenditure 9 Conferences and Seminars 9-10 LEGAL PROCEDURES 11 Open Meetings I I Conflict of Interest and Disclosure 11 MAXIMIZING YOUR CONTRIBUTION 12 Know Your Objectives 12 Keep the Lines of Communication Open 12 Be thorough in Your Recommendations 12 Relations with the Administration 12 The Public Trust 13 APPENDIX Code of Ethics A Parliamentary Procedure B Commission Annual Report to the City C Chapter 2 100 - Operating Policy for Board Commissions and Committees D AR I I I - Administrative Policy for Filling Vacancies on Boards Commissions, and Committees E Ralph M Brown Act - "A User's Guide to the Ralph M Brown Act" F City Attorney's Summary of Ralph M Brown Act G IV THE CITY The City of Huntington Beach was founded in 1902 and incorporated in 1909 The city encompasses approximately 55 square miles with a population of approximately 190,000 The City Council is made up of seven members who are elected at large to a four year term with a two term limitation For the most part, the city's committees, boards, and commissions also serve four year terms with a two term limitation Appointments to all boards, commissions, and committee are made by the City Council and members serve at their discretion The role of each committee, board, and commission is as an advisory body to the City Council Any responsibility and/or authority they have is given to them by the City Council Their decisions may be appealed to the City Council, and the City Council retains the right to overturn the decisions made by one of these advisory bodies 1 COUNCIL,/ADMINISTRATOR CITY GOVERNMENT HOW IT WORDS Huntington Beach functions under a Council/Administrator plan The seven members of the City Council are elected at-large to four year overlapping terms The Mayor and Mayor Pro Tern are appointed to a one-year term on a rotation basis from among the seven Council members They determine the policy which the city is to follow in providing services to its citizens The Council passes laws makes policy decision adopts the budget authorizes expenditures levies taxes secures revenues, and plans for the long range development of the community The Council appoints a City Administrator who is responsible for carrying out the policies and enforcing the laws of the city All appointed department heads report to the City Administrator The City Clerk City Attorney and City Treasurer are elected officers of the city The City Clerk attends all Council meetings as Clerk of the Council and is responsible for the safekeeping of all the official records of the city and is keeper of the city seal The City Treasurer is responsible for receiving and depositing of all monies coming to the city as well as for the investment of idle funds The City Attorney represents the city of Huntington Beach in all legal matters and provides legal counsel and advice to the City Council and all city officers 2 COMMISSION & BOARD STRUCTURE WHERE YOU FIT The City Council has established groups of qualified citizens to assist them in determining the overall goals of the community These groups advise and assist the City Council in their area of special concern and help assure that the city government is responsive to the will of the people With minor exceptions, it is each commission's job to make recommendations to the Council for their review The City Council places great value on the recommendations of commissions but under the terms of the City Charter and their oaths of office they retain the power of final decisions Commission and board members are extremely helpful in a) focusing attention on specific problems b) encouraging broad citizen participation c) weighing community values in a functional area of municipal responsibilities d) utilizing a point of view with an orientation different from that of the professional staff e) making recommendations based on thoughtful and thorough consideration of the alternatives f) providing in-depth analysis of matters that will be decided by Council 3 STAFF LIAISON RESPONSIBILITY COMMISSION/BOARDS PRIMARY STAFF ALLIED ARTS BOARD COMMUNITY SERVICES COMMUNITY SERVICES COMMUNITY SERVICES DESIGN REVIEW BOARD COMMUNITY DEVELOPMENT ENVIRONMENTAL BOARD COMMUNITY DEVELOPMENT FINANCE BOARD ADMINISTRATIVE SERVICES FOURTH OF JULY BOARD COMMUNITY SERVICES HCD - CITIZEN ADVISORY/BOARD ECONOMIC DEVELOPMENT HISTORIC RESOURCES BOARD COMMUNITY SERVICES HUMAN RESOURCES BOARD COMMUNITY SERVICES LIBRARY BOARD LIBRARY SERVICES PERSONNEL COMMISSION ADMINISTRATIVE SERVICES PLANNING COMMISSION COMMUNITY DEVELOPMENT TRANSPORTATION COMMISSION PUBLIC WORKS DEPARTMENT YOUTH BOARD COMMUNITY SERVICES 4 POLICES AND PROCEDURES Appointments Commissioners board and committee members are appointed by the City Council Subsequent to each selection by the council liaison to that body each commissioner is approved by the City Council Most terms are for four years* with a limit of two successive terms There are some exceptions Please review your body's enabling ordinance for those related exceptions Removals or Resignations A member of a board commission or committee may be removed from office by a vote of the City Council In the event an individual finds that he is unable to perform as a representative to their respective body, they should submit a formal letter of resignation to the City Council for appropriate action An active file of qualified applicants is maintained by the City Council so that appointments can be made when required without delay If an inadequate number of applications are on file a call for applications will be made Individuals may neither serve on more than one commission or board simultaneously nor serve if employed by the city Meetings A Regular Meetings Each of the board commission and committee meetings are regulated by the individual enabling ordinance and/or bylaws If a regular meeting falls on a holiday the body does not have to meet However at a meeting prior to the holiday, it may wish to schedule a meeting on another date Ordinarily if it is not possible to obtain a quorum on a regular meeting date consideration should be given to rescheduling the meeting As required by the Brown Act care should be given to notify the City Clerk local newspapers all persons interested in business before the body, and the commission staff B Adjourned Meetings A board or commission may adjourn any meeting to a time and place specified in the order of adjournment An adjourned meeting is considered a regular meeting for purposes of transacting business (see Sec 54955, excerpt from the Brown Act in the back of this manual) C Special Meetings A special meeting may be called by the chairperson or a majority of the members of the board or commission pursuant to city code provisions Notice should be given the City Clerk of all special meetings, and only those matters advertised for that meeting may be discussed 5 D Meeting Place Meetings must be held in public facilities As a general rule all boards commissions and committees utilize the Civic Center meeting rooms All groups are encouraged to utilize committees of less than a majority of its entire membership to conduct precise studies and develop recommendations for consideration of the entire body Attendance A quorum is essential for the conduct of business A majority of authorized members of a body constitutes a quorum If a quorum is not present the meeting may be adjourned by the members who are there If no members are present the meeting may be adjourned by staff Any person appointed to a city board, commission or committee shall automatically vacate the office upon a five (5)unexposed absence during a calendar year or upon more than three (3) consecutive absences at any time during their term of office(Chapter 2 100 of the Huntington Beach Municipal Code) Conduct of Meetings At the first meeting of every fiscal year or calendar year the members are to choose one of their members as chairperson who shall hold office for one year and until his successor is appointed The advisory body may establish such rules and regulations provided they conform with Municipal Code Chapter 2 100 as it deems necessary for its government and for the stable performance of its duties Such rules shall not be in conflict with the City Charter or enabling ordinances The methods used in conducting a meeting are largely the responsibility of the chairperson of the respective board or commission It is the chairperson's responsibility to see that consideration of items on the agenda moves along without delay in a businesslike manner with reasonable time allotted to each item, that petitioners and proponents are heard but not permitted to prolong the meeting, that any policies or rules prescribed by the City Council are observed and that all actions are according to proper parliamentary procedure Your Board or Commission's Agenda Procedure One or more administrative staff members shall be assigned by the City Administrator to each board or commission In order to adhere to a requirement in the Brown Act that all agendas be made available to the public 72 hours in advance of a meeting items should be submitted to staff at least 10 working days before the meeting Timely submittal of items will assure their placement on the scheduled agenda Minutes Minutes are to be taken of each meeting in accordance with the following In some cases a minute secretary may be assigned by the commission or board to take minutes 1 Minutes shall contain a record of all proceedings motions and actions 6 2 Except as provided by Council policy minutes shall not be a verbatim record 3 All motions, whether passed or lost shall be recorded with the name of the proposer the name of the person who seconds the motion, and a vote of the members 4 Reports shall be summarized or mentioned as being presented or voted upon A report is to be filed with the appropriate official 5 Minutes of committee hearings shall list all persons who speak for or against 6 Minutes are merely a record of transactions Personal opinion may not enter into them 7 Minutes must be approved by a majority vote of the members and shall be considered an official record 8 Amendments and corrections of minutes submitted by the secretary may be made only in public meetings with the approval of the body and not be the private request of individual members Cornniumcations to Council Advisory groups may feel free to request the services of the assigned staff to assist as time is available in composing typing and processing correspondence or any material to go before Council It should be specified whether the item is for information only or requires action The deadline for placing an item on the agenda is 12 00 p in Wednesday 12 days prior to the Council meeting The procedure is as follows 1 No later than 12 00 p m Wednesday the item is transmitted to the City Administrator's office with original and one copy of the Request for City Council Action on which is typed a brief description of the item 2 The item is forwarded to the City Administrator who reviews it and makes any additional comments and recommendations 3 The original Request for Council Action(RCA) form is then forwarded to the City Clerk who types the agenda from the description of the agenda transmittal 4 The item, together with the copy of the RCA is then printed and collated with all exhibits and then transmitted by the City Clerk to the Council members 5 The entire agenda is then delivered to the Council members on the Wednesday evening preceding the Council meeting to allow them enough time to study the material for Monday's meeting It is the policy of the Council that no items shall be placed on the agenda without first being reviewed by the City Administrator or his designee It is considered an excellent practice for each board, commission and committee to have a representative attend the City Council meetings 7 If a board, commission, or committee has a recommended action on a City Council agenda a representative of that body should be present to convey their consensus opinion to the Council Absent that the Council liaison to that body should be advised in advance of their position so that he/she can transmit their intentions When neither of the above is possible staff will transmit the board commission or committee recommendation to the City Council but will not attempt to interpret their intent Commissions, boards, and committees shall submit an annual report of their activities for the previous year to the City Council and shall make other reports as the Council shall deem necessary and proper (See Appendix B for guidelines) Summary of Commission Board, or Committee actions After each meeting of the above bodies a summary of their actions should be prepared to inform the City Council of their actions prior to preparation of formal minutes This constitutes a new procedure put into place with approval of the manual dated November 15, 1993 8 FISCAL PROCEDURES Budget The City Council, as necessary, provides funds, materials, equipment, and accommodations required for the work of commissions boards and committees If a budget is provided the commission board or committee is required to operate within budget limitations The commissions boards and committee's fiscal year is concurrent with the city's fiscal year The City Administrator is responsible for presenting a recommended budget when appropriate for Council consideration All items in the preliminary budget package must have the City Administrator's endorsement Any revenue received in the conduct of city business is deposited with the city and expended according to established city procedures Expenditures of Funds Expenditures should be recommended by the body as a whole through formal motion Once this motion has been passed they may request the department staff to prepare and process a material requisition form with Administrative Services In processing material requisitions for unbudgeted items the City Administrator will request from the commission justification of the purchase of such items, review these justifications and submit the recommendation to the City Council along with the commission's request Authorized expenditures will be made through the city's standard purchasing procedures Commissions may not directly incur any indebtedness to the city Conferences and Seminars Some commissions may be authorized to allow their commissioners to attend one function within the State of California each where attendance is considered within the public interest These functions must be provided for in the annual budget and meet the following criteria I It must be an organized conference sanctioned and held by a recognized professional organization concerned with a special field of community service Such a conference shall be deemed "in the public interest " 2 A commissioner shall participate in no more than one conference per fiscal year 3 A maximum of two commissioners shall be permitted to attend a conference simultaneously 4 Before making a recommendation regarding conference attendance to the City Administrator each commission shall, by vote or otherwise determine if attendance at a special conference will be of benefit to the city and which commissioners by name should be authorized to attend 9 5 All such recommendations shall be approved by the City Administrator before such attendance is authorized Following approval, subject to current City Council travel policies and limitations a travel request form may be filed with the City Administrator for an appropriate cash advance Upon return, an expense report must be filed 6 A commissioner shall be reimbursed, within budget and current travel limitations, for all actual and necessary expenses caused by attendance at a conference 7 Exceptions to the travel policy regarding in-state conferences can be administratively appealed to the City Administrator before appeal to the City Council 10 LEGAL PROCEDURES Open Meetings Sections 54950-54960 of Chapter 9 of the State of California Government Code(The Brown Act)are included in this manual for information Its basic significance to a commission is that all actions of a public agency are required by law to be deliberated and conducted openly With the exceptions outlined in the Brown Act and as otherwise provided by law the eomnssion must insure that its meetings are open and that all interested parties are allowed to attend It is Council policy that a commission or a committee of a commission may not hold an executive session(one closed to the public)unless and until the City Attorney or one of his deputies has rendered an opinion that it is permitted by law and unless the City Attorney or one of his deputies is present at all times at the executive session except at certain stages of disciplinary hearings before the Personnel Commission Any questions as to the legality of scheduling an executive session should be referred to the City Attorney in sufficient time to render an informed opinion Conflict ®f Interest The State of California by statute follows the common law rule that it is against public policy for a representative of a municipality to vote in its legislate body on any matter which affects him individually or for any public officer to participate in the matter before him in which he has a personal or private interest Participation of an interested officer may result in forfeiture of office and prosecution under Section 3060 of the Government Code for willful or corrupt misconduct in office or Section 182 Subdivision 5 of the Penal Code for conspiracy'to commit an act injurious to the public health to public morals, or to pervert or obstruct justice or the due administration of the laws In 1974 by referendum the people of the State of California enacted the Political Reform Act Among other things it required the financial disclosure of interests by certain individuals who are in decision making positions within state and local government One of the requirements of the law is that each local entity such as cities counties districts and the like enact a local set of rules for such disclosure This is called a Conflict of Interest Code The first Conflict of Interest Code was approved by the Huntington Beach City Council on November 21 1977 (See Appendix for the most recent version of the Code) The purpose of the Conflict of Interest Code is fourfold First to require disclosure of financial interests which may affect the actions of persons in decision making positions or positions where those persons can influence decisions Second to require persons in decision making positions to avoid participating in actions where those persons can influence decision Third to require persons in decision making positions to avoid participating in actions where a financial interest may be affected Fourth to make the rules public When a matter comes before a commission in which a member has a direct or indirect financial interest the member must disqualify himself from participating in the deliberation and must abstain from voting He should explain why he is abstaining If he does not volunteer this information the chairperson should ask the reason If no explanation is given the minutes should state that the member declined to give his reason for abstaining After making such a disqualifying statement the member should leave the room and return only upon conclusion of the matter if-1 commissioner has any doubt as to the propriety or the legality of any proposed action on his part he is urged to seek the advice of the City Attorney 11 MAXIMIZING YOUR CONTRIBUTION Know Your Objectives One of the first duties of a new commissioner is to be informed about the law under which you will operate Some of this information may be obtained by referring to the ordinance or Charter sections which authorize your particular commission or board and by consulting with department heads or staff members with who you will work Ordinances are available from the City Clerk's office Remember that a commission or board member has a responsibility to listen to evaluate, to advise to suggest, and to recommend The responsibility for allocating public resources properly rests with the city's duly elected representatives and cannot be delegated to an outside group however capable and interested it might be One method of observing this distinction is for the commission to make its final recommendations in the form of possible alternative courses of action, an evaluation of each, and a final conclusion as to the alternative recommended In this matter it is clear that the proper public official must make the final decision Keep the Lines of Communication Open As a member of the community, a commissioner is in the unique position of serving as a liaison between City Hall and the general public, helping in the reconciliation of contradictory viewpoints and building a consensus around common goals and objectives You should therefore serve as a focal point for two-way communications adequately presenting the program of the city and your respective commission or board and also providing a channel for citizen expression If a commissioner is not careful, this channel may break down at one of two points First of all there is a danger that the channel may become one way, the commission may become so concerned with transmitting to the people the proposals originated in City Hall that no time is left for carrying back to city officials the reactions and opinions of the citizens A second risk is that members may succumb to the temptation to substitute their own opinions for those of the general public This is seldom malicious or even intentional but is the result of too much talking and too little listening Be Thorough in Your Recommendations In connection with your advisory role you may be expected to spend many hours in researching a particular problem area You should endeavor to maintain an objective attitude in this fact-finding phase If necessary, you should visit and inspect locations under consideration prior to your commission or board meeting and be fully prepared to discuss, evaluate and act on such matters when they come up Study based on such practices will materially strengthen the value of your recommendations Relations with the Administration The administration staff through the chain of command works for and is responsible to the City Administrator The City Administrator has directed staff to comply to the greatest extent possible with your requests 12 To avoid placing the staff in a difficult position and to facilitate effective communications it is necessary that all your requests for staff action are done with the approval of the commission as a body In contacting city personnel on commission business, the proper channel is through the commission chairperson to the department liaison to the commission If there is no department liaison a formal request should be submitted by the commission chairperson to the involved city department head through the City Administrator The exception to this rule would be in instances where you as an individual commissioner or board member may require some limited additional material or clarification on data being submitted In these cases contact with the appropriate representative may be made by pre-arranged agreement Staff is not required to agree with the commission, although they may Staff will attempt to present fairly the commission's recommendations and explain them The Public Trust The value of a commission's recommendations can be greatly harmed by implications that the self-interests of individual commissioners are involved To avoid such a situation and provide a guide by which new commissioners can measure his own actions and in turn be judged by those he serves the following suggestions are offered 1 Never use information received in the performance of duty as a means for making private profit or advancing the financial interests of others 2 Separate distinctly your official conduct from your personal affiliations 3 Never discriminate unfairly by dispensing special favors or privileges to anyone whether for remuneration or not 4 Do not accept gifts or benefits which could be construed by reasonable persons as influencing the performance of official duties 5 Make every effort to find more efficient and economical ways of accomplishing assigned objectives 13 i� �J�� '� JJ i iJ� CITE' OF HUNTINGTON BEACH CODE OF ETHICS Background Fvery citizen of the City of Huntington Beach is entitled to have complete confidence in the integrity of local government All elected officials officers employees and members of advisory boards commissions and committees of the City must help to earn that confidence by their individual and collective conduct Purpose The purpose of this Code of Ethics is to set a standard of conduct for all elected officials officers employees and members of advisory boards commissions and committees of the City of Iuntington Beach This policy is not intended to supersede or invalidate any statute ordinance or civil service rule or regulation Applicability This Code of Ethics shall apply to all elected officials officers employees and members of advisory boards commissions and committees of the City of Huntington Beach herein called "officials" Code Review The City Council city departments and all boards commissions and committees are to formally review this Code of Ethics with their members annually during the month of January The Mayor City Administrator and Chairpersons shall be responsible for accomplishing this review New members of the City Council boards commissions and committees and new employees are t o be provided a copy of the Code of Ethics for their review when they are elected or appointed Policy The following policies adopted by the City Council of the City of Huntington Beach constitute the official Code of Ethics for all officials of the city First All officials shall uphold the Constitution of the United States the Constitution of the State of California and the Huntington Beach City Charter and carry out impartially 1 he laws of the nation state and municipality Second All officials shall comply with all applicable provisions of state law particularly the California Political Reform Act including but not limited to its provisions on gifts and conflicts of interest APPENDIX A Third Officials shall not engage un any activity which results in any of the following (a) Use of time facilities equipment supplies or other resources of the city for the private advantage or gain for oneself or another (b) Use of official information that is not available to the general public for private advantage or gam for oneself or another (c) Use of t he authority of their position with the city to discourage restrain or interfere with any person who chooses to report potential violations of any law or regulation Fourth Officials shall not accept directly or indirectly (a) Private advantage gam remuneration or reward for oneself or another a,� a result of the prestige or influence of the city office employment or appointment (b) Financial consideration from any source other than the City of Huntington beach for performance of their official duties (c) A gift honorarium or favor from anyone doing or reasonably expected to do business with the City of Huntington Beach (d) Employment from private interests when such employment is incompatible with the proper discharge of their official duties or may result in a conflict of interest Fifth Officials shall not give special treatment or consideration to any individual or group beyond that available to any other individual Sixth Officials shall not discriminate against or harass a citizen or co worker on the basis of race color gender religion national origin ancestry sexual orientation physical or mental handicap marital status or age harassment shall include verbal physical and sexual harassment Seventh Except for persons appointed to boards commissions and committees officials shall not lobby on behalf of any other individual or entity other than themselves to city staff or before the City Council or any city board commission or committee for a period of two years after their date of severance from the city Eighth All officials shall conduct themselves in a courteous and respectful manner at all times during the performance of their official city duties (Enforcement Any official found to be in violation of this Code of Ethics may be subject to censure by the City Council Any member of an advisory board commission or committee found to be in violation may be subject to dismissal In the case of an employee appropriate action shall be taken by the City Administrator or by an authorized designee PARLIAMENTARY PROCEDURE Meetings in the City of Huntington Beach are conducted according to parliamentary procedures which have been defined as "common sense used in a gracious manner " The four basic principles of parliamentary law are I Courtesy and justice to all 2 Consider one thing at a time 3 The minority must be heard 4 The majority must prevail Commissioners should avoid the trap of becoming enmeshed in technicalities of parliamentary law rather than the conduct of business Following are some general guidelines that will help you conduct the majority of your business For complicated procedures one may want to review references on the parliamentary conduct of meetings such as Robert's Rules of Order When a member wishes to propose an idea for the commission or committee's consideration they make a motion This is the only way they can get the idea before the body If the idea is spelled out in written form, a motion is still needed to adopt the statement A motion goes through the following steps 1 The member asks to be recognized by the chairperson 2 After being recognized, they make their motion (e g "I move ") 3 Another member seconds the motion (unless the body agrees to vote on motions that are not seconded) 4 The chairperson states the motion and asks for discussion 5 When the chairperson feels that there has been enough discussion they close the debate (e g "Are you ready for the question?" or "Is there any further discussion?") 6 If no one asks for permission to speak the chairperson then puts the questions to a vote 7 After the vote the chairperson announces the decision ("The motion is carried" or "The motion is lost," as the case may be) Phrasing a motion is often difficult and corrections may be necessary before it is acted upon Until the chairperson states the motion(step 4), the member making the motion may rephrase or withdraw it The consent of the second is not required After the motion has been stated by the chair the consent of the body is required to change or withdraw it If all of the members consent an amendment must be formally acted upon by motion After an amendment the motion as amended still must be voted on It is particularly important when a motion is amended that the chairperson restate the motion so that members know what they are voting on In making motions members should try to avoid including more than one proposal in the same motion This is especially important when members are likely to disagree If a member would prefer to see proposals divided and voted on separately they should ask the chairperson to divide the question into the proposals they desire If other members do not object the chairperson may proceed to treat each proposal as a distinct motion to be acted upon separately The request to divide may also be made by motion APPENDIX B The basic methods of voting are, 1 Voice Vote - "aye" and "no" -for majority votes 2 Show of hands - "affirmative' and "negative for small groups 3 Roll call - checks attendance as well as vote 4 Ballot - assures voter's secrecy 5 Be general consent - for routine decisions- chair states "If there is not objection we will " etc To reconsider a motion, a member who voted with the prevailing side must move for reconsideration any member may second This action actually reconsiders the vote not the motion To annul a previously adopted motion any member on the prevailing side of the vote may move to rescind the action 1 A commission can limit public debate a As to the total amount of time spent on receiving comments from the public b As to a time limit for individual presentations from the public c As to a limitation to the number of individuals, pro and con who will speak 2 The commission may set down guidelines for the introduction of material into the record a It may ask for a submission of a copy of the material before filing b It may either exclude the reception of all written material or exclude the introduction of material found irrelevant to the issue before the commission 3 A commission may curtail comments from the floor in favor of discussion among themselves as long as that discussion is publicly held BOARDS AND COMMISSIONS ANNUAL REPORT TO THE CITY COUNCIL The purpose of this report is to provide the City Council with a status report on boards and commissions activities The guidelines that are suggested in order to provide some consistency between the various boards and commissions' annual reports are written to three sections Format, Content and Procedure Note Staff used the word commission in this report to mean any advisory board appointed by Council The following guidelines are suggested • Make report brief i e two or three pages • Write report in three or four sections • Purpose of board/commission • Summary of board/commission annual activities • Historical comparisons • Matters deemed appropriate for future consideration by the board/commission- optional Avoid the following • Use of fancy graphics • Summary of board/commission annual activities CONTENT The purpose of the report is to provide the City Council with a status report of the board/commission's activities and to help the Council and staff establish goals and objectives for the upcoming year • Purpose of board/commission • Is the board/commission meeting its duties and responsibilities as described in this manual? • Without redefining the board/commission's role share with the Council where the board/commission is heading in a brief statement of direction • Summary of board/commission • Use fiscal year Report on board/commission activities not departmental Indicate major functions performed Indicate major issues considered and/or resolved • Historical comparisons • Provide some comparison of this year versus last year Number of hearings meeting workshops, recommendations to Council items or cause referred to board/commission etc • Materials deemed appropriate by board/commission • Any concern of the board/commission not addressed in the other sections APPENDIX C PROCEDURE • The board/commission chairperson is responsible for the annual report the chairperson may delegate the assignment to another member of the board/commission • The report should be signed by the chairperson and list the names of the other board members/commissioners • Boards/commissions should write their own report, with the department assisting in the typing of the draft and final report • In preparing the report it is suggested that a member of the board/commission be assigned to review the prior year's minutes to help recall major issues or functions accomplished • The board/commission should agree to each item or issue included in the report • The report, when finalized, should be forwarded to the city staff They will prepare a transmittal from the department recommending that the City Council accept and file the board/commission's report This should be done as a regular Council agenda information item in July/August (fiscal year) and a commission member should be present when the report is presented to Council C ICE OF THE CITY ADMH%STRATr` ADMINISTRATIVE REGULATIONS Number 111 Sections 1-5 Effective Date 10-1-91 SUBJECT Establish procedures for vacancies on City Council appointed Boards, Commissions, Committees, or Advisory Groups 1 P=se To standardize procedures for handling vacancies on Boards, Commissions, Committees, or Advisory Groups and to make readily available to citizens information regarding opportunities to serve on their community boards, commissions, or committees 2 Authonty State Law — the Maddy Act 3 Poll The city staff liaison to an advisory group has, as one of their responsibilities, the obligation to keep group members informed of the expiration of their term and to advise the Council of vacancies when they occur 4 Responsibility The City staff liaison should adhere to the following procedures when filing for any city board, commission, or committee Mayor and City Council staff liaison 5 Procedures 5 1 The City Clerk is required by the Maddy Act, to post notice of all scheduled " vacancies by December 31st of the year preceding the expiration date of the term (Approximately October of each year the City Clerk will request that all departments provide the names and expiration date of those board/committee members whose terms will expire in the coming year) 5 2 City staff liaisons shall be aware of the board, commission or committee members' terms and notify members when their term is about to expire 5 3 Members who have not reached the end of their two term limit and wish to be reappointed for an additional term shall submit a letter requesting reappointment to the Council Liaisons through their staff liaison 5 4 Members wishing to resign shall submit a letter of resignation to the City Council through their staff liaison The letter of resignation shall be submitted to Council with a Request for Council Action (RCA) 5 5 Upon receipt of the RCA the City Clerk's office shall agendize the above letter, and in the event that the vacancy created is unscheduled, prepare proper public notice and assure that requirements of the Maddy Act have been met prior to agendizing an appointment to fill the vacancy 5 6 The staff liaison shall consult the Council Liaisons to the respective board, commission, or committee so that the Council Liaisons can determine how to proceed in filling he expired term APPENDIX D i` City Of Huntington Beach OF I OF THE CITY ADMIrTWRATOR ADMIWSTRATIVE REGULAI .JNS 5 7 The staff liaison shall assist the Council Liaison in compiling a list of potential candidates for Council consideration by preparing a press release, posting a notice of vacancy and/or announcing vacancy via the city cable channel 5 8 As desired by the Council Liaisons, interviews should be scheduled and facilitated by the staff liaison 5 9 Once the Council Liaisons have selected the person(s) to be recommended for appointment, the staff liaison shall prepare an RCA requesting Council approval of the selection 5 10 In the event of an unexpected vacancy, if City Council determines an emergency exists, it may fill the unscheduled vacancy immediately Persons appointed to fill such vacancies shall only serve on an acting basis until final appointment can be made pursuant to section 5 5 - 5 7 of this regulation The City Council may choose to allow the current member to remain in that position until an appropriate replacement can be found 5 11 The City Clerk will remove the notice of vacancy once the appointments are made by the City Council 5 12 The staff liaison to each committee, board, etc , will make sure membership lists, including term expiration dates and day and time of the respective board meetings, are updated as necessary and a copy sent to the City Council, Administration, and the City Clerk whenever a change occurs and once each year in October z J / City Administrator Date 0354A 9-09-91 J" City Of Huntington Beach Huntington Beach Municipal Code 2 100 010--2 100 030 Chapter 2 100 OPERATING POLICY FOR BOARDS AND COMMISSIONS (2896-6/87, 3124-12/91 ) Sections 2 100 010 Establishment 2 100 020 Definitions 2 100 030 Budget 2 100 040 Staff 2 100 050 Staff liaison and residency 2 100 060 Service limitation 2 100 070 Employment limitation 2 100 080 Duration of terms 2 100 085 Attendance 2 100 090 Open meetings 2 100 100 Rules 2 100 110 Applicability 2 100 010 Establishment All advisory boards and commissions shall be established by ordinance Committees may be established by resolution The enabling document may establish the duration, manner of appointment, term of office, and powers and duties (2896-6/87, 3124-12/91) 2 100 020 Definitions (a) Board - a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council , (b) Commission - a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council , (c) Committee - a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters (2896-6/87) 2 100 030 Budget When deemed necessary, the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions (2896-6/87) 2 100 040 Staff The city shall assign a staff liaison to each board and commission (2896-6/87) 2 100 050 Staff liaison and residency Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council All members of boards and commission shall be residents and electors of the city of Huntington Beach (2896-6/87) 2 100 060 Service limitation No person shall serve on more than one board or commission at any one time No person shall serve more than two (2) 12/91 APPENDIX. E 2 100 060--2 100 110 Huntington Beach Municipal Code consecutive terms on any one (1 ) board or commission Provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reapppointed, one additional term thereafter (2896-6/87) 2 100 070 Employment limitation No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified (2896-6/87) 2 100 080 Duration of terms Members shall serve until their respective successors are appointed and qualified The City Council shall have the power to fill any vacancies Unless otherwise specified, terms of members of boards and commissions shall be four (4) years, staggered so that the majority of terms shall end in odd-numbered years following the election of four (4) council members and remainder of the terms shall end in odd-numbered years following the election of three (3) council members (2896-6/87) 2 100 085 Attendance Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth (5th) unexcused absence during a calendar year or upon more than three (3) consecutive absences at any time during the term of office The appointing authority shall appoint a successor to fill the vacancy (3124-12/91 ) 2 100 090 Open meetings All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M Brown Act (Government Code section 54950) (2896-6/87) 2 100 100 Rules Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council (2896-6/87) 2 100 110 Applicability This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements, provided, however, the service limitation set forth in section 2 100 060 shall not apply to the Personnel Commission (3124-12/91 ) 12/91 Guide to the Ralph M. Brown Act ,,All meetings of the legislative body of a local agency 6hall be open and pubhe, and aU pemns shah be perautted to attend any me+etmg of the legislative body of a local agency i APPENDIX F Foreword this guide is a joint pi oject of the of g im nations listed They represent dtvei se views and constituencies but share a common interest in the open meeting laws for local gov ernments One goal of this publication is to put the Ralph M Brown Act in lay language so it can be readily understood by local officials by the public and by the news media Another goal is to identify problem areas in an effort to reduce controversy over the Act As a consequence we have tried not only to cover all aspects of the Act but to also pay extra attention to problem areas In many cases we offer advice on how to minimize a potential problem This advice is not law and indeed nothing in the guide is as authoritative as the statutes cases and Attorney Generals opinions that are cited Itwould be alien to the spirit and purpose of this guide if its contents were taken as a legal standard by which to judge the propriety of official conduct We are confident that no court would lend it such authority and it is only in that confidence that the guide has been ventured as a common pi oJect A public agency s leg cl counsel is respon sible for advising its staff board or council on the Act s requirements and prohibitions He or she should always be consulted on Brown Act issues To lessen confusion we have adopted z foi mat in which ® Most text will look like this a But advice will be italicized ® And for hypothetical examples the typeface will look like this i Contents CHAPTER 1 The people do not Yield Their Sovereignty 1 I he basic law Change and F xpansion I imitations ( ontroversy CHAPTER 2 "All Meetings of " 3 Serial meetings Social events Retreats Regular informal meetings CHAPTER 3 The Legislative Body of A Local Agency 5 I ess than a quorum A unitary bodS Ad hoc advisory groups Nonprofit organizations Delegated author it) I i CHAPTER 4 Shall be ®pen And Public and 9 Regular meetings Special meetings Adjoui ned meetings Continued heal ings School disti ict meetings Agenda dcsci iptions Non agend i items CHAPTER 5 All persons Shall be Permitted to Attend 13 i "I he public s place on the agenda Reactne discussion r CHAPTER 6 Except as otherwise provided 15 Personnel Pending litigation Rcal estate negotiations I ibor negotiations Labor negotiations school districts Student discipline Grand jun testimony License applicants with ci iminal records Public and national security Multijurisdictional drug laN� enforcement agency Hospital district trade secrets CHAPTER 7 Remedies 21 Criminal complaints Civil action Im ilidation Informal resolution CHAPTER 8 Beyond The Law 23 Text of the Brown Act 24 Index 35 I I 1 CHAPTER 1 The People d® not field Their Sovereignty in I uc 1951 San I ranor (o (loonuk rc Th it opening is the soul of the Act Its pot tc i M►kc I fa►t is spc n t six we c ks looking he it t comes later I brief scc ton that declai cs into the wati local governments conducted All meetings of the legislative body of I me c tangs Stite codes had long icquncd that local agency shall be open Ind public and all hus►nc ss be done in public but H ii I is d►scov pei sons shall be permitted to attend and c t c d sc c i c t me ctings of c Iucuses t�ci c coin meeting of the legislative body of local age ncy mo i If( wrote a 10 pat t sei ics on You► Secret except as otherwise provided in this chaptc I ( m(i nment that I in in May ind jun( of That one sentence is bN far the most im 1())2 poi tint of the entire Act Ind its emphasi/cd Out of ill( se►ie s c tine I dulsion to push poi tions ate the basis fol the next fiNc ch Ip fol t new st ite open u)e etnig I m If u I is Ind teI s Rich u d (Bud) ( it pc lit(I lc g it c ounscl foi th< I c Ignc of ( Ilifolm i ( Tiles dI tftcd t hill Change and expansion Intl Modesto Assc nlbh n) In R Ilph \1 BI ow n Igi c c d to c if I v it I he bill p issc d the I c gisl I Tlicsc two kc pi m isions It tN c I( in imcd till c Ind w is signed into i m In It))3 by ( oNc I int ict but vc►� li tic else h Is ( hangcs Ii Ivc not I III W tI►c n be c n adopted In v n to Ill) c v c I-N session of the III ownsci-\cd ill th( Ass( mbh lot 1e)Ncus f (-gistItutcIheNhtie►nchidcdIcqunemcnts st ututg in i042 the list th►cc Nc us Is Its foi 3gcnclis Ind public notice Ilicy h tvc ')I-)c tkc I (his succ(ssol w is Jcsse %I Linuh) c u-Ned out new eXccptu)ns Ind naitotved 1 Ic the it we lit on to sci-N c is in appell Ite coin t others Rc cent Icgisl ition pi ovidc d I w i� to lusUc c But he Is best known foi the opt n im ilidatc cei twin tetions if the. Bi own Act It is nit c ting 1 Iw which now c Itrtcs his n nlic bccn Viol itcd U. Me inwhile I numb(i of ippc ll it( coin t j1he basic law decisions and Attorney ( merit s Opinions h tvc ►nteipic_tccf tlic Act Not all intent I in I wo k(� 1)It is of the R ilph M Bt omn Ac t gu tgc in statutes h Ism unp Ict on the ludiei I Iv c be e it I nc h tngt d sutc c us p Iss Igc One Is it v But the. tout is It IN( ]c tied on the intent the Into nt so ctiou with which it begins section of the Blown Act to n iiIowh constitie In c It a tjng this c h Iptc I the I c gist Itut c exceptions to the 1 iw and Iibet ally constl tic fends Ind tic clues th It the pubh( contn)Is piovisions which fill theiopcmtess and av ill I lions bo it ds Ind councils Ind the othei public bllitt , Ige ncic s in this St ite exist to aid in the con Despitc its of igin Il 1 ingu igc on lcgisl I ductofthcpcoplc sbusmcss Itisthe intcntof tive bodies the law has bccn extcncicd bN the 1 iw th it the n icuons be t ikcn opcnl5 Ind iniendmciits and court do cisions to ippk to th it th( i do lit)( I itions be conduc tcd openly most tppointed of idNisoi-t bodies It cvcn Ill( pcoplc of tilts St Itc do not Nu ld cowls two Ilnusu ll types of non profit co►po tilde sove lc lgnty to the age ncic s NNhich sc ivc iations (discussed lit(i) meetings then) I he pc ople In do lc g iting utthol ity do subject to the Act tic not lunitc d to foi ni it not glvc ilhen public sc►xtuts theiI Iight to githeiings they include inv conuinuncition dcc id( wit it Is good lot the pcoplc to know m w hick i quol tint of the bo u d t ikc s sic ps iii Ind wh it Is not good lot them to know I lu the decision in iking p►oecss pcoplc insist ()It rc lit unmg mfor►ned so th it The Bi own Ac t It is also sc tvc d is I mode i thcti ui ly I( t un contiol ovci the tnstitilm sits foi other open meeting l tws such is the Ill( N h IV( c Ie it(d Bagley Kccnc Act enacted In 1967 to eovei st ite igcncies As I consequence \u to ilk Z every local or state agency is now covered by Controversy (NA1Y71 K I one open meeung law or another Overview fht purpost of the Act is to require all I aspects of the decision making pi ocess by Not surprisingly the Brown Act has been legislative bodies be conducted in public All a source of confusion and controversy since its inception News media members often argue parts of the deliberative process including the law is toothless, pointing out that smcc its jdiscussion debate and acquisition of informa inception there has been not a single criminal tion must be open and available foi public prosecution for a violation They often sus scrutiny pect that the closed meeting process is being misused Limitations Elected officials however complain that the Brown Act makes it difficult to respond to But the law is limited to multi member constituents and requires public discussions government bodies and only they can N iolate of items better discussed privately—such is its provisions The Act does not appl} to mdi why a particular c indidate should not be vidual decision makers It also exempts advi appointed to a committee All parts of the delib sory committees made up solely of less than a Many elected officials find the Act unn i u erohve process in quorum of a legislative body The latti does not ral The techniques that sere so well in busi eluding discussion i estrict government staff or employees ness—the working lunch the pi ivate lobbying debate and ocqursr Nor ai e there an} constraints on the and compromises the slow evolution of i tioo of information public—including mcinidual citiiens lobby pioject or decision—are no longei possible must be open and ists or members of the news medi i If any ( losed meetings can be moi e efficient then available for public thing the law broadens and expands their eliminate grandstanding and promote c in scrutiny rights dor As a mattei of public pohc} Califoi m i h is concluded more is to be gained thin lost bN the public meeting process Govei nment behind closed doors may well be efficient and business like But invisible government is of f ° ten unresponsive It is my iri ibly disti usted " T The Brown Act has without question h id a major impact on the way public bodies Y conduct business Secret meetings once the i ule are now the exception t+ s I Government Code Section 54950 2 Government Code Section 54953 3 In revieunng these footnotes keep in mind that the Act itself o has the greatest force and effect Next in order are appellate court decisions which interpret the Act and serve as prece dent for trial courts if published they arenot precedent if un published or as was the case with recent Brown Act decis ion are ordered depublished by the State Supreme Court Published opinions of the Attorney General do not have the The law on the one hand recognizes the force of law but are persuasive to the courts letter opinions need of individual legislators to meet and of the Attorney General are usually narrower in scope and discuss matterswith then constituents On the less influential other hand it requires—with certain specific 4 Sacramento Newspaper Guild Sacramento County Boa id exceptions to protect the community and of Supervisors(1968) 263 Cal App 2d 41 42 reserve individual rights—that the decision Ops Cal Atty Gen 63(1963) 32 Ops Cal Atty Gen 240 P g (1958) making process be public Sometimes the boundary between the two is not easy to draw 3 CHAPTER 2 GHAPII fZ 2 i "All Meetings of.. i i l tit Bl(mll act ►(leis to scvci 11 diffcicnt mfoiinition ibout their Icspcctiv( views All kinds of im(ungs—but ncvci dcfincs thcin Ntolitc tht Act Hill a his been left to the tout is and the Attoi -kn elected official has the right if not the uO ( ( ric► i] dutN to meet with constituents to address Mecting turns out to be much bioade► their g►IeNances That official also has the thin III official g ithcring It coveis infoi I fight to confer with a colleague about public ni it studv discussion infoi mational business But if and when a quorum has inter "All meetings of the f Ic t finding and pi e council gatherings ' icted do ectly or ►ndirecth through this proc legislative body of a In f I(t I nice tine; is I Bathe►Ing of a quoiuni css the Bi own Act has been violated In one loco/agency shall no n1 Itte I hoNv info►►nil �N h(i e business is ( isc a N iol ition occur i eci «lien a quoi tim of I be open and public disc nssc d of tt ins ICU d c Itv council dii c eted staff by Ic ttet on in an J all pPis,ns shall A inc(ung c in ui(lode t( 1(phone c ills of cniincnt domain action' hF p-rrn ri iu 1( it( I s In �N 111(h the (ommunic Icons at c p u t Thei c ni iN be nothing impropti o► Lin -)ff(m)i7 meeting of the dchbe I ttnc of inform ition g ithci ing ethic Il about the substance of a sei I il In(( ( of inc lee 10otivF- pt o((ss If a quoi tun of a bond ultim ite h Ing I he pi oblcm is the pi o(( ss itself which hix1� of Icy,al p u ucip tics in I d( hhu ition i meeting h is d( pines the public of an oppot tumt) fo► I ug( n(y occur►(d nic iningful eonti ibution to the decision mother r On the otlici )I Ind a mccung held b\ In tking process provided confei( lice tcicphone t ill might be justihcd uncici limited cii cumstances if the public c in The phone call was from a lobbyist fully p irticipatc in the meeting process But if Say I need your vote for that project in th(I c i� IS not public notice and if the public the South Area How about it2 did not h IN(- the opportunitN to particip-itc such I meeting would violate the Act Well I dunno replied Board Mem The Blown Act now specific-illy allows i berAdams 'That s kind of a sticky propo ](gisl it►\c bod) to use Hideo teleconferencing sition You sure you need my vote2" to I ceclNc public comment of testnmon) or to dchbc I itc kgcndas must be posted and rcgu Well I ve got Baker and Charles I it►ons idoptcd to pi otect the rights of th( lined up and another vote leaning With public The pi m ision adcltd in 1988 expn es you I d be over the top in J muan 1994 if not extended i Moments later the phone rang again Serial meetin9vS Hey I ve been hearing some rumbles on that South Area project said the news Among th( most fi(qucnt controversies paper reporter "I'm counting noses How ov( I th( Blown Act tic those involving what are you voting on it2 Ii( ( Illc d set 111 t of sting or seriatim meet \eithei the lobblist not the reporter has ings 5u( h im(tings it in) one nine ►nvohe done anything wrong But the elected official ()ill) I pot tion of I legislative body but even ina) have been pushed to the edge of a Brown to Ill) im oh( I quoi um Act violation—if not over—by hearing about I he s( ►i it me(ung in i) be -i daisy chain other votes I he prudent course is to try to stop in "hi( h inc inbc i A cant acts member B B lobb)tsts staff and news media from revealing (ont uts ( ( contacts D ind so on until i quoiuni his been involved It may be a hub the votes andposttaonsofotherboardmembers Ind spokt in which for example a city attoi ney (thee hub) telephones members of a rede social events vclopmcnt agency (thc spokes) one by one foi a decision on a proposed action 9 or in which The Brown Act does not prohibit elected i chief executive briefs board members prior or appointed officials from attending social to a formal meeting and in the process reveals l 4 6HAY71 R 2 events together Nothing in the law prevents a meeting luncheon But informal gatherings at Meetings � quorum of elected officials from going to the which business is discussed are subject to the same football game or to a party or a wedding Brown Act or funeral Thev c in attend a farewell party For example inform it luncheon gather 1 togethei of a reception for a new executive ings at which business is discussed or trans The test is not only whether a quoi um is acted are meetings under the Brown Act " A involved but also whether the public s bust luncheon meeting in a crowded dining i oom ness is discussed if public business is scrupu violates the Act if the public does not have an lously avoided there is no violation of the adequate opportunity to heal of participate in Brown Act the deliberations of board members Similarly informal get togethers by a Retreats quorum of a bod) with representatives of other orgamLations to discuss schools air As with social eNents the test in these cases port problems or other civic matters are cov is whethei the public s business is discussed ered by the Act Attc ndance b} i quoi um at genes al confer A quorum of a legislattse body can attend crises cmei uig bi o id issues—such as annual i meeting of the Kiss inis of Rot try ( lub sun conventions—does not fall under the Brown ply as prominent citivens But if they plait to Fh(, to t is not only Act But i quoiuni s ittendance it a more discuss public business undei their luiischc whetnaro quorum is limited githeiing shish focuses on a mote non thevshoulclgi\(. noticc undcrthcBiown invol ed but also specific loc it issue probably does Act and the public should be pea matted to whether the public s Retrc its fall somewhere in betvtieen bust attend bush ess is dis ness ind social meetings If their focus is on cusses Thursday 1 1 30 a m As they did long r urge planning discussion of ci itical issues and the like theycome undei the Bi own every week the Board of Directors of Dry Act Gulch Irrigation District trooped into Pop's If thcu focus is team building and gio,lp Donut Shoppe for an hour of talk and dynamics the issue is Icss clear The League of fellowship They sat at the corner window C'alifoi ni-i (ities foi example has long held fronting on Main and Broadway to show th it such i eti eats ai e exempt so long as no cit} they had nothing to hide issues of citN business are discussed B} con oast ittoi ne}s foi the ( iliforni i Newspaper Whenever he could the managing Publish(i s Associ icon commonl} ads ise i e editor of the weekly newspaper down the street hurried over to loin the Board porters that the iclitionships of elected ins iribc rs ssith e tch othci and then staffs ai c m ills i s of public business and that such A rne(ttnr;like this would not violate the mecUngs arc subject to the Brown Act Brown lit if board members s(rtepulousll File Attoi ne} (senei al believes i i etre it avoided talking about trrt�altort dcsl7zcl cs ittcnded bN officials from a singlejurisdiction sues But it cs the kind of meettnir that should pi ob ably falls undei the Act even if discussion be avoided !het>ublrc is utda/rely to believe lice is limited to issues of pi ocedures mot ale or board couldnoel regularh without dcscussang public bustrtess l newspaper e�ze utave s pres othet c oncei ns en(e tit no w(i) lessens the potential for a Some local ar;emies such as general law cztzes Brown Ad violation tit it st hold all their meetings within their boundaries But all local agencies may find it controversial to hold retrials out of town I ven if an agent) snakes 1 42 Otis Cal Anti (ui 61 (1963) sure to observe the Biozon Acl by giving notice of the 2 61 Ops(al Alti (en 220(1978) meeting it may be o7tzczzed for holding a meeting -) (oveminent Code Se(tion )49.)3(b) inaccessible to the media and thepublzc because ofits 4 SlocktonNewspap(i hic v RedevelolmieniA�,eno (19Y")) 171 Cal App 3d 9J cost o7 rPmole�tess 5 63O1)s (al Atli (en 820(1980) 6) Ops(al Ally (en 63(19Y2) Regular informal meetings 6 (ommon Cause v Soiling 1981 and 1983 7 Opnz Aleelingl anus (alifomia tttomey(eneial 190 p 18 It is often a temptation to mix business 8 4301)5 ('al Ally ((n 36 (1964) with pleasure—foi example by holding a post 5 CHAPTER 3 CHAPTER 3 ®®®®®The Legislative Body ®f a Local Agency,,.*" 0 "I he technical meaning of legislative body ® The governing board commission of a local agency has expanded so much that directors or body of a local agency and any the safest assumption is that virtually all public board or commission thereof 'The Act cov bodies are covered by the Act ers not only legislative actions but also actions A local agency includes a county cit} which are primarily executive or quasi Judi All meetings of the (general law or chartered) school or other cial—such as a zoning appeal a legislative body of a district or any board commission or agenc) local agency shod thereof or any other local public agency ' ■ Any body—public or private—on be open and public The law even considers two types of non profit which (1) officers of a local agency serve in and all persons sha corporations to be local agencies their official capacity and which (2) is sup be permitted to ported in whole or part by local agency funds 9 attend any meeting of the legislative ® Any multi member body which exer body of a local cises any authority delegated to it by the legis agency except lative body '° as otherwise provided ■ An) advisory group created by formal action of t lcgislative bod) or member of a legislati,.e body of a local agency " ■ Any permanent board or commission of a local agency including planning commis The Brown Act covers air pollution con sions library boards and recreation boards '2 ti of districts and voluntary area and local planning agencies 'A housing authority even The Brown Act is aimed at the decision though created under state law is a local making process involving a quorum of the agency a board It does not apply to individual decision It has been held that the Legislature in makers such as agency or department heads tended that all agencies be in some open when they meet with advisors staff colleagues meeting act unless expressly excluded So it or anyone else A single individual acting on may not matter much whether an organiza behalf of a legislative body is not a legislative tion rs a local agency or state agency In any body For example the Brown Act does not case it will have to comply with similar open apply to a hearing officer in an employee meeting laws disciplinary hearing or to an individual city What kind of agency is not covered by the council member screening candidates for Acts The most notable example is a board or office commission which is an adjunct to thejudici try i meeting of the judges of the Superior less than a quorum ( ourt or of a county board of parole commis Sroncrs is not covered by the Brown Act The A major exception is written into the Act iM does not apply to count) central provisions about advisory groups created by committees of political parties r' formal action Specifically excluded from the Fhe Act defines a legislative body very definition of a legislative body is a committee broadly It includes composed solelly of members of the governing 6 CHAP7FR 3 body of a local agency which are less than a A board is flirting with a Brown Act Legislative Body quorum of such governing body ' violation zf it rubber stamps decisions of As a consequence an ad hoc committee of subquorum committees which have not met in less th in a quorum of the legislatiN e body public 1 he process depraves the public of a crc it(d to advise the full body on candidates meaningful part of the deczszon making pro( foi i v u ant position is excepted h oni the ess One way to avoid potential problems is to Bi own Act " encouragefulldzscusszon and publzccomment Furthermoi e the Attoi ney G(rict it be at the meetings of the full boa ad Another as to hcvc s the law imphc s i similar exception is hcn have the subquornm committees comply with lc ss th in i quorum of a legislative bods meets public notice and agenda piovaszom of the to discuss business thus a pci mancnt c onimit Brown Act tce (such is i budget of fin rice committee) c oinpnscd of less than a quorum IS not cov A "unitary" body cicd by the Biostin Act Howcver the commit tce in ty well be cove iccl by the open meeting fhe less than iquorum cx(cption c in be i ms if it cxc rcises dcleg itcd iuthot its used by two of mot c bodies to c i c it( i up i t atc advisory gi oup In one c isc however tsv o mcnibers of a citN council joined with mo members of a planning coiniYnssion to reN is sv qu ilifrcations of ,job ipphc ints and ni ikc t(commendations to the council Then joint ✓ ,� �' � ` �' mission m ide them a unit ir) body subject to the Bi o"n Act H id thc) met only to exch ingc inform ition they ssould havc been excepted I xcept for such unitar� bochcs the Bt osvn Act Blocs not ipph to i coinnuacc made up -- r sole 1-v of less th in i quoi uni dcleg itions fi om v u ions bodies cspcci illy tshen no one bodN 22 contiols the bch t\ioi of mothci We need to get together and figure out how to get more industry into the county " declared the Chairman of the County Board of Supervisors 'I think we I move adoption of the report of the should form a working committee with Finance Committee,' declared Board two members from our board, two Member Baker Second the motion members from the city council and two said another member on the Finance members of the irrigation district Committee That way we won't have to let the Well, I think I need to know more newspapers in There s no way to outdo than this one age summary before I can the counties around us if all they have to p g Y do is pick up the paper to see what we re vote replied Member Adams up to " ChairmanJones spoke up Thewhole Such a meeting zf intended stnctly foa an reason we set up this committee system exchange of znfo(nurtzon can be held without was to streamline the process We ve got being open and public undei the Brown Act ' to trust our committees if we want to get But it zs likely to be contaovea sail if not for the out of here before three o clock in the public certainly foi the news media Most good morning ' 7 teporlets would also lake such an aclzon as a #Von-profit organizations CHAPTER 3 thallent�e to find out what happened any I Legislative Body horn—and because they would have to tell on It is I widespread misperception that any sttond band sources somt ina(miatzes (it( of g Anv ition rcceivmg public funds is subject tnMilable I tgzslative bodies Should ioeztrh tht to the Bi own Act But the test has two ele asks print to dtruhnglhal anutttngshou/d bt tine tits t cCcipt of public money from a local dosrd stntph betttuse it trot be agency and the presence on the org Ani/A non s bo it d of a member of that agency s Ad hoc advisory groups lcgislatne body acting in his or her official c ip tcity That provision has been held to Who( tits isor) groups t isk foi cc S bloc in Ike a voluntary organi/ation of the board of I ibhon conun itte cs and the like should not supcilisors And city councils in t county sub It often does not be i pi ohlc ni—but they at c It of tc it doe s not jc c t to the Bi own Act " i occu c olunteer of< All to soluntc c I clttic Its groupS th It the s Suppose a ( hambci of ( omnicicc is cihzen�910up5 that It( <os e I(of hs the Blown Ac t Howcvc I such funded to part by a City Council and the they o e cove ed by hodic s it c Ins it i Ably (I c tic cf by tot III At Ic Al tsoi sits on the ( h umber s board of direr the Bro ,n Act toil If the Ma)oi holds that position in An official c it)icity the Chamber is subject to the Biossn Act And must hold open and public m(ctings If the Ma)oi is on the board as the ossnei of I piomment local business the C h unbci is not subject to the Act TAso other tvpes of non profit organic I tions tic specifically cosered by the Brown -act Onc is in agents, which received public r nioncs undcI the federal Economic Opportu r rifts -kct of 1904 " The second is any nonprofit corporation cic aed by one of more local agencies (1) non of I lcgisl ttisc body—sshich amounts to sshosc boAid of dncctors includes a membci just About Am Action in in office it cap Acits ippoint(d b) such local Agencies and (2) I It it in ikcs the ni subjc ct to the Bi own Act ss hie h is for nit d to acquit e consti Litt I(Coll Not cos(i e d h) the is t is I gi oup Ads isotti sti uct In tint Lin of opei Ate any public woi k to i siuglc dcc ision in iket sshich is not cI c it(d pi ojcct ' b) fol ni tl a Lion ' It IS thus posSIblc th At t coinniittc( Adsisots to I count) stipctuntcn ®elevated aut horil— dcnt of Schools would not be coveted bN the Fy Act but the s unit c ornmittec if crc ited by Agovernmental organisation to which au tot in it Action of the counts Bo itd of F due a thol it) has been delegated—including a non would be cos ct c d Subquoi um of the legislative body itself—is subject to the Brown Act' A non profit corpo Iht prudnrl assttnap/eott is that an adzasotg, i ttion If not one. of tlu two types in the totnttrtlltt tit task/otrr is sub/err to t/ar 13tozutt Art pi es. section ma) not be tit tt r/tint t/r arty is tint tt mad roan!to tomph rnrtla The Attorney General concluded the dele alit Att pubh( tu(elmkks may mhieethepossibiltt) tf gated tuthotity provision subjected a ,joint inisnndtislandings and tmlhoiersy possess agency—the board of directors of the i O Akland Al Amcda County Coliseum—to the Bi oss n Act I ater an appellate court ruled 8 t //AI llll 1 III it tnon Profit(or potation Which contractcd Legmad®ttve Body With ► husp►t 11 d►S11 lot to op( ► it( M it►n G(n ( ► tl I IOsp►t 11 w IS nut SUhlc a t to the tit own At t In that d(e is►on the ( our t Said the Attorney ( cnei it h-id been pi obably incorrect in the ( ohscum opinion Intei cst►ngly another appellate court ruled the othct Nsas on i similar non profit corpo► itnon cieatcd bs a hospital district to run Desci t Hospital in Palm Springs How- cvei the Supicm( ('oust 13tei removed that opinion -is legal p►ccedent I he aclzons b) both hoslizlal dzstrzcts generated considerable local contioveis) In both cases the shift to corporate niowi ement was intended to lnevent (onipetznt; hospitals from knownzg about their business plans—a rationale not available to most local at;enczes and probably no loner needed even b) hospdal dzstwis A nanow exception to the Blown AO rrozv allorus hospital dzsliwsl to bold (losed nuetini-s to diviiss trade secrets I (ovonnunt(odt Seilion -)49�)1 2 (ovenanrnl (oth Si(lions)49)1 1 and )49-)1 7 3 Opor 11(0111gla7ts (alifoinia A llornn (eneia 1 1989 p IO 4 l ones v Boatd o)(okiwnssione�s (1979) Y9 Cal app 3d )4.) 5 Iones z Boat(l of(o)rinussroiios (1979) Y9(al App 3d >4�) 6 )9 Ops (al Alt) (en 162(1976) 7 (ovntanini (od( Se(lion )49)2 8 61 Ops (al AM (en 220(1970) 57 Ops (al All) (en 1 Y9(1974) 9 (owiinnenI (odi Section )49)2 10 (oveinnurrt(ode Serlton J49-)2 2 11 (ovomntoit Code Sertron 549)2 3 12 (ovetnmew(ode Serlion 549-)2 5 13 Wilson v San I ioncivo Munxtpal Ratlwal (1973) 29 (al ApJ)3(l 870 14 69 O)rs (at All) (en 230(1986) 15 (ovet nntew (ode Section -)4952 3 16 Hendeiwn v Bowd oft duration (1978) 78(al Apl)3d Y75 17 OJ)rn Me0mg l av s (alifw-ttia Allornes(eneral 1989 p 13 18 foaur v (d) of Wasto)zol(1981) 125 ((it 1151)3d 799 19 64 Ops ((it Alt) (en Y56(1981) 20 /oiner v (a) o/Stbastopol(1981) 125 (al App 3d 799 21 56 Ops (al Ally(en 14 al p 19(1973) 22 67 Ops (al All) (of 488(1984) 23 (owrninmt Code Sk(lton 54951 1 24 (ov(nt men t Code Se(lion 54951 7 25 70 Ops (al Ally Gen 57(1987) 26 )offte v Mann Hospi lot Di s h ict(1987) 193 Cal App 3d 743 27 Health and Safer Code Section 32106 i I 9 CHAPTER R 4 CHAPTER 4 9 1006 Shall be Open and Public and... " � There are two essentials for an open and must contain a a brief general description of 0 public meeting One is effective notice each item of business to be transacted or whether a meeting is open or not is academic discussed at the meeting With three excep if no one knows about it The other is an tions (discussed below) no action can be agenda which adequately describes the items taken on an item not on the posted agenda 2 All meetings of the to be considered I leg iative body of c For the most part the Brown Act treats leg Special meetings loc-' agency shall illative bodies and advisory groups alike One be open and public significant difference however is in notice and all persons shot and agenda requirements pi ovisions for The presiding officer or a majority of a leg be cermitted to advisory groups(discussed later) ai e less strin illative body can call a special meeting at any otterd any meeting gent time Written notice must be sent to each of Fe legislative Fvery meeting of the legislate e body of a member of the legislative body (unless waived boo of a local local agency must have public notice and a to writing by that member) and to each local age-cy except binding agenda The specifics varti by type of newspaper of general circulation or radio or as e erwise meeting television station which has requested such pro ded notice in writing p The notice must in effect constitute the Regular meetings agenda It must state the time and place of the meeting and all business to be transacted It i The legislative bod} must set the time for must be posted at least 24 hours prior to the regular meetings by ordinance resolution special meeting in a site freely accessible to the bylaws or similar formal rule for conducting public media notice must be delivered bN the business The meeting need not be held in the same deadline The body cannot consider agency s boundaries unless required by the business not in the notice act forming the agencv geneial laic cities for one must meet within their boundaries A Adjourned meetings i egular meeting that falls on a holiday is held the next business day A meeting place can be A regular or special meeting can be ad moved if the usual site is unsafe because of an ourned and re adjourned to a time and lace , J J P emergencyspecified in the order of adjournment If no An agenda must be posted at least 72 time is stated the meeting is continued to the hours before a regular meeting in a spot hour for regular meetings Less than a quo freely accessible to membei s of the public It rum may so adjourn a meeting and if no member of the legislative body is present the clerk or secretary may adjourn the meeting Notice provisions arc the same is foi spe cial meetings In addition a copy of the order of adjournment must be posted within 24 hours aftei the adjournment at or neai the door of the place where the meeting was held a F Continued hearings A hearing can be continued to a subse quent meeting The process is the same as for adjourned meetings except that if the hear ing is continued to a time less than 24 hours away a copy of the notice or order of continu ance must be posted immediately following the meeting 1® CHAPTER 4 Closed meetings It behooves the nexus media to make sure written ®pen & Public requests are on file for notification of special or emergency meetings The written requests should Part or all of a regular or special meeting also be periodically renewed—especially if phone or one which has been adjourned may be numbers or addresses have been changed Absent I closed to the public under special conditions such a request, a local agency has no legal obligation � (discussed in Chapter 6) But notice is still to notify news media of special or emergency meet required even if no action is taken ings—although notification may be advisable in Part of a regular meeting which is closed any event to avoid controversy apparently requires the same 72 hour agenda notice as an open session 6 However the local body can give the general reason for closing Advisorycommission the session and provide any statutory authors meetings zation either before or after the meeting For a special adjourned or continued meeting a statement of the general reason for A separate provision applies to advisor commissions committees or bodies Meetings Advisory groups are � a closed session must be part of the public must be held within the local agency s terr i specificolly exempted notice from the regular The legislative body in a closed session can tory—unless facts and data elsewhere are under special adjourned consider only matters covered in its state examination Notice must be given at least 24 and continued meet men t7The Act neither requires nor authorizes hours before a meeting personally or by mail mg requirements that the statement to give names or other informa to any person who has so requested in writing apply to legislative tion that are an invasion of privacy or unnec If the advisory group elects to hold regular bodes essarily divulge the particular facts concern meetings it must so indicate in bylaws or ing the closed session Thus an item s de another official document no other notice is scription can be modified to protect the pri required Advisory groups are specificallN vacy of an individual or the conduct of pend exempted from the regular special adjourned ing litigation and continued meeting requirements that apply to legislative bodies Emergency meetings Because of these provisions the Attorney Gen eral doubts that the courts would apply the 72 hour An agency can hold an emergencN meet agenda requirement for regular meetings to advzsoi) ing when prompt action is needed because of groups Ifpossible advzsoggroups may nonetheless actual or threatened disruption of public fa wish to observe the 72 hour requirement cilities An emergency situation 'exists if the legislative body determines a work stoppage Special district notice or other activity or crippling disaster seN erely impairs public health and/or safety The special meeting provisions apply to Another Brown Act provision affects the emergency meetings except for the 24hour notice required of the legislative bodies of notice News media which have requested special districts In addition to the requu e written notice of special meetings must be mints above they must also send notice at notified by telephone at least one hour in least a week before special and regular meet advance of an emergency meeting and all ings to any district landowner who so requests telephone numbers provided in that NNritten in writing however the legislative body can request must be exhausted If telephones are give any notice it deems practical for a special not working the news media must be notified meeting less than 7 days away as soon as possible of the meeting and what The written request for such notice must transpired there describe the property involved and must be renewed annually during the frrstthree months There is one other mayor difference of the year The district can charge a reason Unlike some regular or special meetings emergency meetings cannot be closed a able amount for sending notices based on its i estimated costs ' I School district meetings The goal of a local agency s agenda should be to CHAP7ER 4 clearly signal what items are about A committee created by the I eague of California Cities put it this ®��� �` Pv4siae Finally the Lducation Code contains sev wa} I he C ommittee recommends that the deserip oral differences for school districts All agenda tzon be reasonably calculated to adequately inform items must be postedwhere parents and teach the public For example if the item involves a land ers can see them at least 48 hours before a use decision the agenda should include a descrip regular meeting and 24 hours before a special tzon of the action proposed and the location or street meeting' An item is apparently void if not address of the property in plain English and zf the posted 'z item involves a contract the agenda should describe A school district must also adopt regula the nature of the contract Emphasis should be tions to make sure the public can place mat placed on mformingthepublic ofthe substance ofthe ters affecting district business on meeting matter rather than precisely describing the contem agendas and to address the board on those plated rounczl action items 11 There are several reasons for erring on the side Of more rather than less detail Journalists will want geed® CSC®"® tr®e9S � The notice pi o-,isions of the Brown Act are extensive but i cl itively uneonti oversial By PA contrast the igc nd i provisions arc brief— ind troublesome I oval legislam e bodies were not required by the Brown Act to prepare agendas until p issage of AB 2674 in 1986 That change effective the next N ear required agendas with i brief general description of each item of business to be transacted or discussed at the i meeting "A lettei placed in the Senate Daily fournal during the debate on AB 2674 said the mtcnt of the language was for agendas to contain sufficient descriptions to enable P to know enough about a topic to adequately prepare members of the general public to determine fora meetingu I hepublzc will want to identify z5mes the gc nei al nature of subject matter of each of interest I finally the local agency should protect agenda item so that they may seek further zlselfagainst a possible suit to invalidate its actions information on items of interest It is not the purpose of this bill to require agendas to con tam the degree of information required to Non-agenda items s itisfy constitutional due process require ments Another section of the Brown act requires Thei e are three specific situations in which the gc neral reason or reasons for a closed the Brown Act allows a legislative body to act nic e ting ' That indicates less detail need be on an item not on the agenda pi ovidc d ibout closed meetings I he i c is considei able i oom for disagree ® When a majority decides there is an nic rit ovc i the det iil necessary in an agenda emergency situation as defined for emer At one c xti core is a listing of general catego gency meetings i is s such is repot is correspondence or pc rsonncl At the other is a lengthy agenda ® When two thirds of members (or all which me Ludes most or all background mate members if less than two thirds are present) i i it sent to members of the legislative body determine the need to take action arose subsequent to the agenda being posted 12 ® When an item appeared on the agenda I Government Code Section 54941 CHAPTER 4 of and was continued from a meeting held 2 Covernment Code Section 54954 2(a)and(b) Open & Pubhc not more than five days earlier 3 Government Code Section 54956 53 Ops Cal Ally Cen The exceptions are narrow The first two 245 (1970) 4 (overnment(ode Section )4955 require a specific(Ictermmauon by the legisla 5 (overnment(ode Secnon 54957 7 43015s ((it Atty(en tiv( body Th it dctel inination c in be chal 79(1964) 41 Op, ((it till ((n 61 (1963) j leng(d in (ow t and if UnsUbst lnti ited cail 6 0I)enM(elingl aim (al(fomw Alto)ne}((neral 1989 lead to invalid icon of an action p 29 7 Government(ode Se(lion)4957 7 43Ops ((it Alt) (en The second exception requires that a new 79(1964) need ai ise after posting of the agenda and it 8 (overnment(ode Section )4956 5 implies some degi ee of urgency An item 9 (overn men I Code Section -)49.)2 3 cannot be considered under this provision if 10 Covernment(ode Section -�4954 1 the legislative body or the staff knew about the 11 1 ducation (ode Section 3-)14,7 12 Carlson v Pasadena L nifted School Dwncl (1971) 1 Y need before the agenda was posted Anew Cal App 3d 196 need does not arise because staff forgot to put 13 1 ducation (ode Sirtion 3)14) 5 in item on the agenda of because a land 14 (overnnunl coil( S((tion :)4954 2(a) ilex eloper missed a cleadlme 15 (overnment(ode Secnon )19�7 7 Other th in these thi cc exceptions the 16 (overnment (ode Se(non )49-)1 2(b) the Brown Act Brown Act pi ohibits is tion on surpi ise items 17 (ovmimenl (ode S((non 19)1 2(a) ,)rohibits action on It i cquires that the posted agenda desci ibe surprise items c ich item to be ti ans ictcd or discussed and pi os ides that no action sh ill betaken on any i item not on the agenda ' The obvious pus pose is to In Ike Sul e intci ested members of the public lie notified of items to be consid erect I d like a two thirds vote of the Board so we can go ahead and act on phase 2 of the East Area Project said Chairman Jones Its not on the agenda Butwe learned two days ago that we re ahead of sched ule—believe it or not—and I d like to keep it that way Do I hear a motion2" I A twoldinds voters open toscritliny lfno nezo need arose after the agenda was (posted 1 oo casual ail action could invite a (oust challenge 1j a disg7iinlled citizen If possible the prudent course !s to pla(e an stein on the agenda for the nett meeting and not risk invalidation 13 CHAPTER 5 CHAPTER 5 "...All Persons Shall be Permitted to Attend..." A number of Brown Act provisions protect ords and must be made available to the public0 the public s right to 'ittend and participate at A fee or deposit may be charged for a copy of meetings a public record 7 Members of the public cannot be required Similarly if an agency tape records an to register their names provide other mfor open meeting the tapes and a tape recorder matron complete a questionnaire or other must be made available to the public on re All meetings of the wise fulfill anv condition precedent to at quest (However a tape recording made to legislative body of a tending a meeting An\ attendance list ques prepare minutes can be erased afterwards iota/agency shall tionnaire or other document circulated at a provided all public records requests are first ` be open and public meeting must clearh state that its completion complied with ) If a transcript was prepared and all persons shall is ,oluntary and that all persons may attend the public generally has the right to receive a be permitted to whether or not they fill it out ' copy s attend any meeting No meeting or anN other function can be In addition the public is specifically al of the legislative held in a facility that prohibits attendance lowed to make its own tape recordings of a body of a local based on race religious creed color national meeting absent a reasonable finding by the agency except origin ancestry or sex z There can be no legislative body that the recording would dis as otherwise semi closed meetings which some mem rapt proceedings '(Although the Brown Act provided bers of the public are permitted to attend as does not give radio stations the right to broad spectators while others are not meetings are cast meetings of legislative bodies another either open or closed ' statute conditionally authorizes broadcasts of The legislative bod) may remoN e persons meetings required to be open '°) from a meeting who NNillfully interrupt pro Finally local bodies can go beyond these ceedings If order still cannot be restored the minimal standards to require greater access to meeting room may be cleared Members of their meetings and to those of their appointed the news media who have not participated in bodies " the disturbance must be allowed to continue to attend the meeting 9 ''ham � ����� ®�� ®� � � Edery agend i must giN e the public the op portunitv to speak on any items in the legisla agenda � tive body s,Jurisdiction However the legisla tive body can adopt reasonable regulations The Brown Act guarantees the public the limiting the time for particular issues and for right to speak at a meeting on any subject on individual speakers An exception covers City which the agency has power to act But it is up Councils and the San Francisco Board of to the legislative body to decide what is within Supervisors no opportunity to speak need be its Jurisdiction and precisely when the public gn en on an item which was earlier addressed should speak at a public hearing of a council or board The intent of the law is best served by committee and which has not changed Sub allowing the public to speak on an item before stantially since then action is taken on it That does not mean Sccret votes in open meetings and the public comment must be provided on each casting of mail ballots are prohibited be item as it comes up c iusc they deprive the public of a portion of its One alternative is to set aside a fixed pe i ight ` riod of time early in the meeting to receive The public has the right to review agendas public comment on agenda items and other ind other writings distributed to a majority of matters the legislative body Except for privileged documents those materials are public rec 14 CHAP11 R 5 Probably the worst solution is to provide for The Attorney General believes discussion All Persons public comment on agenda items at the end of a items as well as taking of action are subject to meeting I hat procedure deprives the public of a the 72 hour agenda requirement—but that a contribution to the decision making process It also court would approve a discussion for the invites thepublic sresentment over beingrelegaled to purpose of understanding a problem flesh the end of what might be a long meeting- ing out an issue or providing information from staff " Reactive discussion the most conservative approach may be to automatically refer all new items to staff or place I he public can t31k about ins thing but them on the next agenda A member of the staff is not the legislative bod) cannot act on in item not subject to the Brown Act and mat respond to a ques lion from the audience Most likely the larC,allows sonic discussion hi a legislative body about a mallet raised by lhepublic— althou0i the longer the discussion the greater Nit danger of a violation The oublic con ta�� t �, � {t � acout anything but ]he Brown Act probably does not prevent a she legrslal,vC body _ ,, ` r single member of a legislative body from responding r:)nnot act on an tem —'` 1 to a public prescntalion lr� ro on the agenda ,s i uaskingquestionstoclonfylliespeako spoints r m asking staff to provide infor-nation inirnedi alely of at the next meeting on the agenda What h-ippens when a mein ®disclosingarelevant fact forexample that the bei of the public raises a subject not on the zssuC raised is under stud} l� staff or a Committee agcnda' Can the legislitne body discuss it Yes if two thirds of the board do tci mine it ® informing the speaker about a source of rmohes a need that arose after the posting of further information or assistance or the agcnda Othci-Nsisc the answer is not abso latch clear ® expressing normal courtesies such as gratz Fhe Bi own Act sa)s an agcnda must de ludo for the speaker s concern scribe e ich item of business to be tr msactcd or discussed and prosides that no fiction shall be taken on any item not appearing on 1 Government Corte Seriiorr 54953 3 the posted agenda "That section requrr es dis 2 (overninent Code Secoon -)4961 cussion items be on the agenda 3 460ps (at Alt) (en 346(196-)) I lsewhei e the Brown Act defines fiction 4 (ovnnment (ode Section 549,)7 9 taken as i collective dC c ision made by major 5 (ovemment (ode Seaton 54954 3(a) and(b) it) of the members of a legislative bod} a 6 �)901)s (alAtt) (en 619(1976) 6S0ps (at All) (rn collectiN c (ommrtinent or pi omise by a major 0 (1985) it) of the mernbcrs of i legislatiN c body to 7 Government (ode Section -�49)7 m ikc a positive or negative decision or an 8 64 Ops Cal Ally Gen 317(1981) actual s otc by a ni ijority of the members of a 9 (overnmenl Code Section 54953) Nevem v (ns of legislativc body when sitting as a body or Chino(1965) 233 Cal 9pp 2d 77.) entity upon a motion proposal resolution 10 Covernment Code Section 6091 � or der or or drnance "Tha 11 Government Code Section 54953 7t section makes no 12 Government Code Section 54954 2(a) specific reference to a discussion 13 Cozenment Code Section 549-)2 6 14 Open Meeting Iarvs California Attorney General 1959 p 24 I i5 CHAPTER 6 CIIAPILR G Except as otherwise provided.. P® 1 he of ijof c xccptcons to all opus Im c ting non illcgc s in open me(Ling violation to the $ 1 m if c of coca se closed meetings Thcs ifc court Minutes of in imps opef closed in sh a ply f esn ictcd bN the Bi oNsn Act ire not confidenti it 'I he gene i it i eason foi a closed me c tang Despite the Bi own Act s restrictions closed mast be made public—either before of aftci meetings have generated many controversies All fnE.etmgs of the the closcd sc ssion of i i cgul if meeting ind in betwec n news media and legislatixe bodies legisl ,awe body of a the adv mcc notice for any other tNpc of I spier-illy troublesome have been closed locol ogenc y sholl fit((tong ' In some case s—such as pending hn meetings involving personnel or pending lit] bc, n-�a a ood public g ition of tc it cstite tt ins ictions—iddinon it gation and to a lessei extent propel ty trans owl -'i pc rsor s sholl mfof In Rion must be m idc public a tfon, ind labor ncgotf itions br - niltcd to Sessions it c cithci op(n of c lose d 1 lc g oltc - my mePhng isl urs c body c uuiot invite so-Ie c to d in( fnbc IS Sonie hioblews arise bemuse serreo itse y bieeds of iP P egislotive of the public to attend a inciting while rc fus distrust In no rase does the Brown Art iequm a i)oo o local uig othc is ( lose d mc(tings should usn ills closed session rand le�n5lalzve bodies rlo well to ieszst oq( except mmoNc only the me nibc.t s of the bods plus the lendmo to call a closed session sinipl) because os otherwise illy idchnon it suppor t St aff t cclun(d of ins Iutnzattrrl to A betlet Inactue is to go into closed provided 'lttnesses uulrvrdualsnotneccssiftitothc meet session onlj whin nereswi) ing should be excluded Flit Bf own Act begins Nsith i stf ong st itc Personnel me tit in f isoi of open mc,c tings ' It c ncls bs pfolnbiting illy closed sessions not cvpfcssls Meetings can be closcd for personnel inthoi ve(I b) the Act---i pi os ision uldc d in it ittes s —i tom used more for corn cnicncc 1987 to clinlin ite any iniplic d uathof its (such th in for accuric% The Brown Act itself nee i is the ittoi ncy/client pi n il(gc) fof scci c t mentions pci sonnc 1 nice ungs ' 7 he 1 iv, instead si)s a meeting can be It is not enough that a subject is a nsnis( closcd to colluder the appointment unploN c nib of t rising or contro\c f si it Without spe inc tit c� flu anon of pet for inince of dismiss it c fhc cuthof its Iot i close d session a ni attc i of a public cmploNee or to he it ectntpl ants of must be discussed in public As ui c x utiplc i c li of gcs Nought against such employee b� Igo at d of Police C onuntssu>nef s cannot gc tic r u�othcr pea son or employee unless sue h illy nu ct in closcd session e\cn though in u c inplo)ec t equests a public hearing tots ate sc nutn c ind the commission (onsid >Jmployee specifically includes i num CIS that disclosui e eontr u) to the public h(i of office ils not cleetcd to office eft) fatt(t t ni in igct count) idmrnists itoi eat) attornc) AlIthough not uldr e ssed by the Bi oss if �c t county counsel depai tment head of sunil�tf it fit a} be a bi c ich of fiduci u-) duty to disclose idministi hive offices in i local agency and <onf fde nu it its site r s as rsmg dui f ng i 1 iwfull� gc ties al in in iger chief engincei legal coon c lost d inc c nng One sous c e of pi oblc ins is se 1 dtstt act secs etary auditor asussor ire is closed so,ssfofis imolvuig 1 iliac ncgotf ufons Ill c f or tax collector of i lists tit some roues i niembct of the legtslau\e body Ill lected officials persons appointed to f mpf op( f 1) discusses what ifinspst e d ss ttlt the office by the legislative body(other than those if fe c tc d 1 i([( of g inii tito. b listed above) consult ants and tndcpcndc nt A<ontfctc nit al minute book m a) he kc lit corn utoi s arc not employees ' to f cc of d u lions taken at closed the c nngs If Flu result is a s clanvely n if tow(xec Anon ()if( is kept it must be m idc avu] able to it c innot be used to set sil hies discuss f c\c fits fnhc is of ill( lcgisl hive bod) and if ling i 'I (HAP7t R 6 nucs or budget prio►iti( s reclassify positions An tmployee s lob performance may Exceptions of rc org tmic t dcp it trncnt All those actions be dzscusscd in pubfu zf the legislative must be public I boil} so chooses However the I earrue Action on indr�idu ils who are not ern of (alzpornza (ztzes believes that open ployces must also be public—including dis dmussron of an emplowe s job perfonn cussing and Noting on appointees to commit ante may expose the agency to liability for tees or dcbating the merits of independent brtach of the einpilowe s rialzt to Pnvacy or for contractors of considering a complaint against shgmatzzzng The enzplove a member of the legislative body itself The exception is limited to evaluating the On the other hand a public employee has performance of an individual employee or job no riffla to privao regaining the reasons he w applicant Its put pose is to avoid undue pub she is given a performance bonus r0 and legis licit} of cmbaii issment for to employee and lalivt body members as will as other meeting to allow full ind c indid discussion of th it participants cnloy an absolute ltgal privilege mdixiclual bN the if gislatiNc body fur their statements against suits for libel w As a conseclucncc rccl issification of a lob slander �' u must be public but rn cmploycc s ibility to fill The exception is th it lob ma% be consider cd in closed session This meeting is adjourned said the limited to evoluahncg Although in emploNcc s perfoi m ince can be Mayor 'and now we re going to meet in the performance of on i acd to i closed scsssotr in) resulting s it un closed session ind &ol EmployEe change trust be convcicted in public or lob opplicont A closed scsvon decision to hit of fit in What s the closed session about2 employe( must be publicly umounccd it the asked a newspaper reporter mec tang it sN hie}t the closed session occur rcd of at the siibscducnt in(cting ' Just personnel said the Mayor That s all I can tell you The teachers union representative stepped forward to speak I'd like to Problems over personnel sessions often present the board with the results of a occurbecauscofnagi� inirsnsp (ions that lgns survey of our membership It shows that lativc bodies do not bnut discusszons to the over 80 percent of teachers have no lem r cf the laze I egnslative bodies should be confidence in the Superintendent cautious 1 adore to adhere to the law ran lead to invalidation You re out of order interrupted the Chairman A school board meeting is Part of tliecontiovers) arises over the per not the proper forum for these kinds of sonnel Icon itself which is broad and unin charges Send us a copy of your material formative its/rerluent useran tnl�ger flair ups and we II consider it to a personnel ses with the news media If possible a more specific Sion ' demiptzon is preferable—such as (onsider zng candidates for ihze/eng-tnecr In the example above a nexus story will almost sureh be written about the survey Pend®Plg '®tig®t8®n refusing to accept it will probably cidd fuel to the fire Histoi ically i loc it lgencN could meet 1 hat complication aside a member of the priv itc Ivwith ltgal counsel NN henever itwished public can discuss any topic in a legislative an implied ittorney/client pi ivilege had been held to exist under the Bi own Act Golly s ju�zsdreUorz—and that certainly in That ended to 1987 NN hen legislation pro clzzdes the performance of key officials 1 he hibited any closed session not expressly ur Brown Act permits discussion of this topic zn a thorired by the Brown Act An attorney/client closed session but does not prohibit the public from raising the topic d I I 17 i( I itionship still (tists and l(gal counsel may If the meeting is closed under the first prove CHAP]1,R 6 us( it fot In ivil( g(d s�i itt( It ►nd v( rh►1 com von the memorandum must includc the title Exceptions iniuu( itions—olusid( of m( ( ungs—to me m of th( ling ition in the other two cases it must h( t s of i hi I( kisl inn( hody But it c m no mclud( the f u is ind circurnst inccs on which long(► h( th( I( ►sou fot ► (loscd session it is b tscd I he m(morandum mustbe submit Whitt( ni tins is ui (x(cpnon to (onsid(t tcd prior to the meeting if feasible and in any p(nchng ling ition \ c loscd scsvon can be cast not mot( than a weck late► The memo is h( Id by ill( bodN to confci with or receive confidential until the litigation is finally adju uk u( It ont its 1(g tl counsel when open dis clieated or settled uisvon would pt(ludicc the position of the Obviously the Iegislature has attempted lo( it tgc no, in th( ling ition ' While the issuc to nai i owly define the pending litigation is not thsolutc IN c is it the Attoi ncy General caccpnon Yet i great deal of ambiguity re be h( s(s Ill it if th( igc n(N s ittot ncy is not mains Whcn is an agency s position preju pi csc tit of if the tg(ncN s position is not diced by open discussion What is signific int pt(lm(lu(d by op(n (hs(tnvon the nic(ling (xposur( to lltig ttion c u)liot b( (los(d ' ` On the one h end public tgcncy ittor neys %lot( specific ills the Biossn Act c ills hu oftcn constiu( the exception liberally They g ttion p(riding sNh(n ni ty ittempt in prit ate to pieNent the legisla to e bodN fi om t iking an unconstitution d ( t) i pioc((duig (including cmincnt iction of plunging into other legal hot water (loin tin) to whi(h the ig(nc) is i p irty It is They contend th it a legal concei n if cx hc( n foini tlh initi ucd be foic t court of piessed in public could well become part ofa oth( t tdludi( ttors body of court action On the othci hind the news media and (b) the IcgIsl im( body on tch icc of its other obui-s cis it guc that the public has the ( otms(1 mid biscd on cxtsting f icts and light to know the legal as well is the factual ( it c must in((,, detc t mines there is signifi dimensions of proposed decisions The par c mt (xpostu c to litigation of when the ties invoked cei tainly know what s going on Icgisl itiNc bodN is meeting only to decide if so secrccN, keeps only the public in the dark t c lose d tit(c tine; is author ved of Closed sessions do not detcr litigation they An attorney/drent only diffuse accountability " relationship sill el is (c)th( I(gisl im( body itself is dcocling and legal counsel on nuti wing htig ition lheip is a vast difference between a vague threat may use it for pnv of litigation and a lawsuit llong the way is a leged wrntter and B(foi( holding i closcd mccung under continuum of competing intetests the legtslatzve verbal eommunica th( p(nduig htig ition (xccption the legisla body has to balance the public oite)est in knozuzng tions—outside of meet what is going on with the public interest in not ings—to members of . jeopardizing the position of the local agency the legislotive body But it con no longer Real estate Negotiations be the reason for a closed session A legisl itive body may meet in closed ses 4V sion with its negotiator before the -- put chase sale exchange or lease of real prop et ty by of for the local agency The purpose is tiv( body niust public IN statt which of the to give the negotiator insti actions on price I the( ( vim inons ippk If the (xccption isundei and ter ms of payment ih( htst piovivon th( htigition mustbc idea The body s negotiator may be a member of i(d—unl( ss disclosui c would leopardiie of the body itself And lease includes a le ise 1 s( i v i( ( of pi o((ss of s(ttl(ment ncgoti itions i cnewal of i enegotiation Fill illy Icg►icounsclmustsubmitamemo i uidum to the bo it d st sting the specific rea sons end l(g it tuthoi itv foi the closed session 18 As is the case with the pending litigation Labor ► e otiations 6 exception additional information must be Exceptions disclosed Before the closed session the aegis � The Brown Act allows closed sessions for lative body must publicly identify the i eal some aspects of labor negotiations Diffci ent propei ties involved ind the pei sons with whom pi ovisions (discussed belms) apph to school it is negoti iting districts A legislative body may meet in closed'ses sion to instruct its bargaining agent on em M► ployee salaries and fringe benefits ind on working conditions which by law i eclun e negotiation It may also meet in closed session with a conciliator who has inter ened in nego tiations if' 9 The legisl itiNe body c in appoint one of moi c of its me mbe►s to i e pi e sr nt it ' But if the body do c ides to ncgoti it( i olle c tis c Is it 1� c innot meet in close d scssiein to i c s i(Ns ind as do c idc on its bai g uning povtion 'x 1 have some important news to an nounce ' said Board Chairman Jones t We've decided to terminate the contract of the Chief Executive effective immedi ately The Board has met in closed ses sion and we've negotiated two year s �. severance pay Individual salaries of benefits eannot'bi discussed or negotiated in closed session as personnel mailers the action is subprt to invalulalion ifrhallem�ed 1 heiesult mitrhtlbc Our population is exploding and di/frunt if the se7�nanc(pa) a ere a rtc4roltatecl we have to think about new school sites, settlement Of a wrong/ul tninrnahon lamsutt Individual snlrrnc s Ui said Board Member Baker ben( (its rnnnol b� LC�b®�' 91�'g®tIQt9®1115®SC'�1®®' discussed n of benego Not only that interjected Member districts di5cl in closed Charles we need to get rid of a couple atesession Us peison of our older facilities Foi most local agencies 1 iboi icl icons nel rnotteis 'Well obviously the place to do that With employees are covei ed bN the McN c►s is in a closed session said Member Doe Mihas Brown Act 'I h it act does not touch the Otherwise we re going to set off land closed session proNisions of the Bims,n -\ct speculation And if we even mention Fmployce i elations of school chsti is is closing a school parents are going to be however are governed bN the Rodd i 1ct in an uproar " meetinhich g andkes pi ecial�noticcce tpic�isionsf fi phi g P I II A closed meeting to discuss potential sites The entire board for examplt nilti ncgou ite is not authorized In the Brown Act I heexcep in closed sessions lion is limited to 2nsinichnga negotiator over Four typos of closed me ctings ii e pet mit specific sites—not to decisions in advance of ted (1) a negotiating session with i iecog negotiations Although staff may investigate nixed and cei tified emploN et of g inii itii n (2) a meeting of a real estate needs eventually the policy decision mcdt itoi ss ith crtlu i side to acquire or dispose of real pioperly must be made at an open meeting 19 (3) a hearing or meeting held by a factfinder If the body as a result decides to den} the CHAPTER or arbitrator and (4) a session between the license, the applicant may withdraw the apple Exceptions s board and its bargaining agent or the board cation In that case no record is to be kept of alone to discuss employee working condi the decision and all elements of the closed tions and instruct its agent 19 session are confidential Public participation under the Rodda Act If the applicant does not withdraw the also takes another form All initial proposals body must deny the license in public immedi of both sides must be presented at public ately or at its next meeting No information meetings and are public record The public from the closed session can be revealed with must be given reasonable time to inform itself out consent of the applicant unless the apple and to express its views before the district may cant takes action to challenge the denial 2 S adopt its initial proposal In addition new topics of negotiations Public and national security must be made public within 24 hours Any votes on such a topic must be folloN%ed NNithin Legislative bodies can meet in closed ses 24 hours by public disclosure of the vote of sion to discuss matters posing a threat to the each member 20 The final vote must be in security of public buildings or to the public s public right of access to public services or facilities The meetings are to be held with the Attorney Student discipline General district attorney sheriff or chief of police or their deputies School district boards may also hold a Closed sessions may also be held to discuss closed session to consider the suspension or matters affecting the national security 24 discipline of a student if a public hearing would reveal personal disciplinarti of aca Muitijurisdictionai drug law demic information about students contran to state and federal pupil privacy law The pupil s enforcement agency parent or guardian may request an open meeting Ajoint powers agency formed to provide Final action concerning the student must drug law enforcement services to multiple be taken at a public meeting and is a public ,jurisdictions may hold closed sessions to dis record 21 cuss case records of an on going criminal investigation to hear testimony from persons Grand jury testimony involved in the investigation and to discuss courses of action in particular cases A legislative body may specificallh testifi in The exception applies to the legislative private before a grandjury either as individu body of the point powers agency and to any als or as a group 22 body advisory to it The purpose is to prexent impairment of investigations to protect wit nesses and informants and to permit discus License applicants with sion of effective courses of action 25 criminal records Hospital district trade secrets A legislative body can hold a closed session with an tpplicant for a license or license i e A provision in the Health and Safety Code nc,wal who has a criminal record The purpose enacted in 1986 gives hospital districts a is to do tei mine if the applicant is sufficiently unique ability to hold closed sessions to dis i ehabilitated to obtain the license cuss reports involving trade secrets —pro vided no action is taken 2® A trade secret is defined as information (IIAP71 R 6 which is not generally known to the public or Exceptions comp(titors and which (1) derives mdepend cnt economic value actual or potential by irtu( of its i cstricted knowledge (2) is ncccs nary to initiate i new hospital service or pro gram of facility and (3) ��otild if pi ematurely disclosed ci eat( t Substantial prob ability of depriving the hospital of a substantial eco nomic bcntfit The pi oN ision prohibits use of closed ses sions to (115eL1SS transitions in ownership or managcincnt or the district s dissolution I (o)nnnont (ode S(rhon )49�)7 7 2 46 O/)s (al l it) ((11 346(196�) 3 C ove»r men t (ode Serhon )49-)0 4 (ovemment Code Section )4962 �) 68 Op (al Atit (en 34 (194�) 6 (overnment (ode Section ,)49-)7 7 63 0/)s ((it Atl1 (en 21� (1960) Y San Diego(nlon v (it) Council(1983) 146(al Ali/)3d 947 9 (ov(innunt (ode S(rhon -)49-)7 1 10 68 Op (a1 All) (en 17 0 985) 11 (n al(ode Serhon 47 subdivision 2 12 (ovnrnuenl (ode Section )49,)6 9 13 O/inn Veelin,AIairs (aliforniaAllornn(enelal 1989 p 41 14 Both poinls owiew an addressed lly 36Ops Gal Alt) On 175 (1960) 1 overnmen! (ode Se(lion J49.)6 8 16 (overnment Cod( Serhon -)49-)76) 17 )7 Ops Cal Altl (en 212(1974) 14 57 Ops Cal Atti (en 209(1974) 19 (oveinment Code Section 3,)49 1 20 (ovm n ment (ode Section 3-)47 21 1 ducation Code Sections 38146 and 48914 22 Governinent Code Serhon -)49-)3 1 23 Government Code Section )49-)6 7 24 Coveniment Code Section -)49-)7 2�) Goveinment (ode Sechoi )49J7 8 26 Health and Safetl Code Section 32106 I 21 C' 'Ei 7 CHA7IFR 7 I Remedies The Brown Act is far fiom perfect It has ing in violation of the Brown Act—notwhether t become mcie isingly complex ore► the years that member has noted with the majority or oil mti siding into more areas of local govern minorit) or has N oted at all mcnt pi ocess It has triggered a number of The second test is that the member must court cases and legal opinions—some of which knowmgl} violate the law In this case igno i use is in my questions as they answer ranee of the law is an excuse rhea e are often suspicions the law has As with other misdemeanors the filing of been violated Lven when a Violation is clear a complaint is up to the district attorney So the c nd i esult typically i emains unaltered far none has chosen to prosecute Fi nsti ition is the r ule for those seeking re dress no x tol ition has evci ended up as a Civet action c rirnin it pros(cution Yct the Bi own Act has in ide i majoi chffcr Any pc son can file a civil action to stop or c rice in the, w ty toe it govci nment op(i ites prevent i N iol ition of the Brown Act or to seek Thcr e irc vtr to illy no willful dclib( i atc viol i i court i ulin on whether an action violates tions of its provisions In the e u ly 1950s most the lati g loc it agency meetings were secret now most Unlike the ci immal provision the civil irc open ind public (,le ii guidelmcs now reined} sloes not i egini e that action be taken spell out igcnd-i ind public notice rcquu e of th tt the legisl itive body members know me nts is well as the rights of the public they ai e N iolating the law All that is required When first en ictcd the Bi own Act had no is i viol ition itself This type of action involves pc n iltics or methods for enfoi cement The no monetary damages Its matot use has been Act w is umcnded in 1961 to make N iolations a to stop i legislatn e body from repeating an ci imc ind to author ize civil action to stop or action that violates the law pieNcnt N iol itions A proNision went into of The Act was fcct in 1987 pernutting invalidation of some Invalidation amended in 1961 u tions t tk(n in N iol ition of the 1 iw to make riolatrons a AnN pc son ina) also seek a second type of crime and to ouhor Criminal complaints civil i cmcdy to inN ilidate a legislative body s 1ze civ i action to stop ac[ions th it viol ite the act Not all actions can or prevent violations I he ci nnni it pi ovision of the Bi own Act be ch illenged and in any case the legislative A provision went into punish iblc is i niisdcme inor ' is aimed it body h is i chance to cure or cot i ect its ac effect in 1987 off is i tls w ho act uiipr opei ly It does not affect b permitting invalidation ons ' of some actions taken the a tion tikcn In\alidation is limited to violations which ,n violation of the A viol ition h is two tests An over t act—t ire not in substantial compliance with any of law nu inbc i of i lcgisl itive body must tttend i three sections of the Brown Act Section54953 nic c ting itwhic h u tion is t iken in violation of the b-isic open meeting provision and Sec the Ac t And knowledge—the member must tions 54952 2 and 54956 which describe no know the nic c sing N iol uc.s the law ' tice and agenda requirements for regular and Ac tion t ikc n is defined elsewhere is not special meetings only in is tti it vote but also a collective deci Actions which violate those provisions— von c oniiiiitinent of pi onnse by i majority of such as a decision made in a serial meeting- 1 h( Ic gisl itive body to make a positive or could be set aside An action cannot be mvali ne g itivc de cision ' If the meeting involves dated because ofNiolation of another section nic i c do lib( i ition without the taking of ie such as the prevision allowing meetings to be non the ►c c in be no misdemeanor penalty tape recorded ` A violation occni s for a tentative is well as The law goes on to specifically exempt fin if decision ' In f ict crimm it li tbihty is trig gc t c d by i membct s participation in a meet 22 CHAPTER 7 three types of actions those involving sale or rescind a previous action but to supersede it The Ree►e dies issuance of notes bonds or other indebted record ofthe earlier meeting can be incorporated but ness or any related contracts or agreements new public testimony should be allowed those creating a contractual obligation, in cluding a contract let by competitive bid upon Informal resolution which a party has in good faith relied to its detriment and those connected with the col Arguments over Brown Act issues often lection of any tax become emotional on all sides Newspapers Before going to court a party must corn trumpet relatively minor violations unhappy plain to the legislative body within 30 days citizens fume over an action and legislative after an action that the action violated the bodies clam up about information better dis Brown Act The legislative body then has up to cussed in public Hard lines are drawn and 30 days to cure and correct its action If it does rational discussion breaks down not act suit must be filed within the next 15 In short only some days A problem may end up in the courts but en violations may be In short only some violations may be chal forced action hasn t worked very well When all is challenged the legis lenged the legislatne body has the ability to said and done the best iva) to handle Brown Art lotive body has the cure and correct most actions and even a issues is to discuss and settle them in a frank open ability to cure and voidable action will stand if not challenged public discussion betweenthe legislative body and correct most actions within 30 days the public and even a voidable Court costs and reasonable attorneys fees action will stand if not can be sought from the agency by a plaintiff Few legislative bodies will knowingly and will challenged within 30 who successfully sues under either of the civil fully violate the law once it is clear what the law is days provisionsabove A defendant maybe awarded And members of the public do well to dwell not so court costs and attorneys fees if the court finds much on legalities of a past action as on modifying a civil action was clearly frivolous and lacking future practices ]he best sofiation zs prevention In merit 7 Despite its limitations the invalidation Ian guage means legislative bodies unll have to be even 1 o mudemerznor is v mpui ro cnijbte a a fine t up to t 000 or up to six months iri rounh�rtzl or both more careful not to violate the Brown Act Chal 2 Government Code Section _)4959 lenges are likely to come not so much from thegeneral 3 (overnment(ode Section )4952 6 public and news media as from unexpected quay 4 61 Ops(al Alty Grin 2Y3(1978) ters—such as disgruntled business people 5 (overnment(ode Section _)4960 6 Government(ode Seclion )49605 Some violations say of agenda or posting re 7 Government(ode Section 4960 5 quirements may be relatively easy to cure and cor rect Other violations—of the closed meeting prove szons for example—ma)be more difficult to correct Ina memo to its members the League of Calzfor nia Cities recommended that a Legislative body should cure and correct a challenged action whenever pos sible It suggested two sub-items be placed on the next agenda the first for a decision on whether to correct or cure an action and the second for consideration of the action if the answer to the first item is yes I he recommended action in the latter case is not to 23 CHAPTER 8 CHAPTI.R 8 Beyond The Low I his guide h is focused not only on the ® Persons absent with something to say Brown Act but also on meeting practices or These persons will be upset at having missed 0011 ictivities th it 1cgal of not are likely to create the chance to speak on a non agenda item that contro-,crsy Problems may crop up for ex is discussed—and disposed of—in their ab imple when(igciida descriptions are too brief Bence They may well question why such action I? or vague of «hen public comment is delayed could not be postponed to a later meeting to an inconkenient time The Bi own kct allm� s a legislative body to ■ News reporters More than most other adopt piactices foi itself and its subordinate members of the public news reporters are comniittcc s and bodies�%hich are more strm interested in in depth information before and gc nt thin the laNN itself i equii es Although after meetings They want to 1 eport on what is many loc it ige nc ie s h iN e idoptcd t egulations on and what undei lies agendas—before a of of din mce s on public meeting policy more meeting occurs After a meeting they want often th in not thcv siniph i cst it( the 1 tw immediate implification of meeting decisions f i ni 1N be use fill f of loc it igcncic s to ci eate of upd ac the a loc it opc n mccting policies in M my agencies tnaN h iNe specific constitu in ittcmpt to inticipttc ind prevent piob cncies with other expectations An explicit k ms As with inx othc i significant policy and comprehensive public meeting and infor if the low were public comment should be solicit(d ni Icon policy—especially if reviewed periodi enough this guide As 1 star t i policN might consider expect i tally—could be an important element in bet would be unneces tions of thi ee distinct elements of the public tering public rcl itions sory Such a pohcy exceeds the absolute re ® Persons pic sent N%Ith something tosay quirements of the law—but if the law were Most inchN idu ils knoN% theN cannot hike up the enough this guide would be unnecessary A whole mccting Nct do expect reasonable nariow legalistic approach mill not avoid or (onside i ition ind quick t esponsc They w-int resolve potential controversies It may be well to coinnic ut on in item befoi c it is decided for an igency to go betiond the law to look at I hcN do not i� int to iN iit tot houis to bting i its unique circumstanccs and deteimine if nc,�N it(in to the bodN s atcntion I hcy expect thcre is i better wav to he id off potential sonic uist%ci even if biicf on i non igendi pioblems item 24 The Ralph M. Broyvn Act California Government Code Sections 54950 through 54926 As Amended 1 ffective Janurary 1 1989 j54950 In enacting this chapter the Legisl cure finds and dtcl it es that the public commissions boards Ind councils and the otht I public igtncics tit this St itt exist to aid in the conductof the peoplc s busi nc ss It is the intt lit of the law that their actions bt t tken openly and that tilt:it dcliht I icons be conducted openly The people of this State do not yield their sovcrelgim to the igenucs nshich scr%e them The people in delegating authority do not gyc tluii public senants the right to decide wh it is good for the people to know Ind ns h it is not good for them to know The people insist on I enn Inning infot incd so th it theN nn i� rctain control over the insti uments thcv h txe ci e ited Title 549505 This ch iptei sh ill be known as the R ilph M Bi m n -yct i "local agency" 54951 -ks used in this ch ipter local igency me ins I county city public bo ►es nshether genctal 1tw of chutered city and county torn school chSIII(t munrcip it cot por itron district political subdivision or tm bo u d commis stun or igency thereof of other local public rgenc� I "local agency" 54951 1 For the pill poses of this ch Iptet ind to the cxtt lit nut uu on nonprofit corporation 1 sistent %Kith feller If laNN tine tei in loc it agency sh Ill Inc luck Ill pi\ it(. nonpi of it of g iniz ituins th it reccive public moncy to be expo nd(d foi public pin poscs pin sic nit to the F conomic Oppoi tunrt) Ac t of 1961 "local agency" 54951 7 1 oc If igency includes im nonpr oht cot pot uton (I c It(d bN nonprofit corporation 2 one of nun c loc tl Igc uuc s my one of the member s of i%llosi ho u d of director s is appointed bN such local agencies and ivhu it Is foi ntcd to a quu t constr uct I econstruct in tint tilt or open ate any public arm k pi one c t "legislative body" 54952 ks used in this chapter legislative body means the goNeining governing boards, subsidiaries boat d commission (lit ector s of body of a local rgenc} of inn bo it d of comnnssion thereof and shall Include inN boat commission conrnuttee body which has an "official" or othci boll} on which officets of a local agency set-\t ill then official member and receives local c ipacity is members Ind which is suppor ted in whole or in p it t b� funds agency funds piovided b5 such agcncN whether such board commission conunittec of other body is organized and operated by such local agency or bN I prnate cot pot Ilion "legislative body" 54952 2 As used in this chapter legislative body also means tin\ boat d delegated authority conunissunn committee of similar multimember body which even cises iuN tuthoi iq of a legisl itee body of a local agency delegated to it b� that legislate e body "legislative body" 549523 As used in this chapter legislative body ilsu includes my body created by icivisory commission adNisory committee or tdvisory body of t loc tl tgcncy formal action ci eated by c h irtcr of chn ince resolution or by tiny smul it foi m it a lion of a legisl itrvc bodl or member of I legisl ite c body of a loc If if,(nc� meeting and notice for Metti ngs of such idirsory commissions comnuttecs of bodics c once I ti advisory bodies Ing subjccts which do not i cquu e an txamination off acts Ind d u t outside the territory of the local igency shall be held within the tei I itory of the foc it agency and shall be open ind public and notice thereof must be del\ei ed CAI II ORNIA GOVT RNAILN1 CODE 25 I person illy orb) m ul at]cast 24 hours before the time of such meeting to each poison who h is tcqucstcd in writing notice of such meeting if th( ick isoi y uinnnissuiu (ominittec of body elects to provide for the regular meetings of holdnik of i i girl a m<(tongs it sh ill pi owls by bylaws of by what(vt I other advisory bodies rule is utihi(d by th it uitnory body tot th( conduct of its husincss foi the time ind pl ict for holdingsuch regul it niccungs NoOth(I notict of rtgular in((tings is i(quued I ei�isl itnc body a dcfin(d in this section does not include a commit less than a quorum of tc( composed solell of members of the governing bodN of a local agenc) legislative body members which it( less th In I quoi um of such goNcrni ng body 7hc pio\isions of Sections 54954 )49o-) 549o5 1 and 04956 shall not notice, posting appl} to meetings under this section exception for advisory bodies 54952 5 As used in this chapt(t legisl Ititc body 11so includes bit tis not "legislative body" limited to plimung commissions libi iry bo itds recreation commissions permanent boards or and oth(I pc I in anent bo a ds or commissions of a loc il tgenc) commissions" 54952 6 As used in this chapter action taken means a collective "action taken" decision in ids b) a maloi its of the members of a ltgislatiN e body a collecti�e cone nrtmcnt of piomise bN a maloiit) of the members of I legislatiNe bod) to in ikc I positn e or I neg itit c decision of in ictual Note bN I majority of the niembci s of I legisl itivc bod(whtii sitting is I bod or entity upon a motion pi opos it i csolution of d(i of ordinance 54952 7 A legisl itix e bod)of I local agency in1y require th it a copy of this copies of the Act for ch iptci be giN(-n to c ich member of the legislative bod) An elected other members, bodies le gill iti\e bod) of a local igency ni i) require that a cop) of this chapter be gixtn to each inember of each legisl lime body all of a malorit) of whose mernbei s u e appointed b� or under the -iuthorit) of the elected legislati%e bodN 54953 (-i) All meetings of the legislati\e body of a local agency shall be all meetings must be open and public and all persons shall be permitted to attend an) meeting of open and public the legisl itn e body of a loc it lgenc) except as otherwise pi o\ided in this ch iptei (b) \otwithstanding i n) othei pioNision of law the legisl itne bod) of video teleconferencing loc it ig(nc) in IS use video telc(onfci encing for the benefit of the public of the legishti�c body of a local agency in connection with am meeting or pro seeding authoi i/ed b) law The use of iideo teltconfei encing is authorized by this chapter shall be limited to the rcceiptofpublic comment or testimony i by the legislati\e body and to deliberations of the legislative body If the i legisl-iti\e body of a loril agency elects to use video teleconferencing it shall post igendas of all video teleconference locations and adopt reasonable I cgul itions to adequatel) protect the sta utory or constitutional right of the p n ties of the public appear Ing befoi e the legislative body of a local agency Th( tei in Nideo teleconferencing shall mean a system which provides for both tiidio ind visual p u ticip-ition between all member s of the legislative bod) Ind the public utcnding a meeting of hearing at anv Nideo teleconfer (tit( hoc tuon I his sc ction sh Ill I c in un in effect untiI january 1 1994 and on that date Is r(pc ilcd unle ss I I ttci enacted st itute which is chaptei ed before January 1 1994 do I(t(s of extends th it (late 54953 1 7 he provisions of this ch iptci sh ill not be construed to prohibit grand jury private testimony thi inc robe s of the lcgislatiNe body of a local agency from giving testimony In pi iv itc hcfoi c I grand luny either is individuals or as 3 body 54953 3 A nic mbci of the public sh ill not be requu ed as-I condition to public cannot be iucnd inc( it I rnccung of a legislative body of a local agency to register his required to register or hu ii i n( to provide other information to complete a questionnaire or Who iwisc to fulfill my condition precedent to his of her attendance 26 CALM OIL i GOW RNMI NI COD] i attendance lasts etc If an attendance list register questionnaire or other sirmlat document is must state they are voluntary posted at or near the entrance to the room where the meeting is to be held or is circulated to the persons present dui ing the meeting it shall state clearly that the signing registering or completion of the document is voluntary ind that-ill pet sons may attend the meeting i egardless of whet het a pei son signs registers or completes the document public can tape record meetings 54953 5 Any person attending an open and public meeting of a legisl itiv( body of a local agency shall have the right to recoi(I the proceedings on-i t ipc recorder in the absence of a reason-ible finding of the legisl itne bod) to tht local agency that such recording constitutes or Aould constitute a disruption of the proceedings local agencies can impose stricter 54953 7 Notwithstanding my othe► pi ONision of lati legislativc bodies of requirements on themselves local agencies may impose requirements upon thenisches whit h illm«gi(atti access to then meetings than prescribed b) the minimal st ind it cis set foi th in I this chaptei In addition thet cto an elected legisl itivc body of t loc it agcne) may impost such requirements on those appoint(d It gill itivc bodies of th( loc it agent} of which ill o► i in ijoi it,, of th( ni(nibci s it( ippointed b) o► under the nithority of tht cicctcd legisl itnt book regular meetings 54954 The legislative body of a loc it tgcnc) sit ill pi o\ide b) of dill Ill(( set by ordinance or other rule i esolution by]iws or by wh itev e► othei i ill(- is i((Iun ed tot the conduct of business b) th it body tht time foi holding i cgul it nncttings Unitss othci wilt provided foi in the act under which the loc it igcn(v w is foi med inectings of the legislatiNt body need not be held i�ithin the boundaii(s of the teiiitory over which the local agency exec ersts lui isdution If at any time in) regul u meeting falls on a holiday such iegulai meeting shall be held on the next business da) If by reason of fit e flood e u thquakc of other tmci genc) it shall beiutis-ife to meet in the place designated the meetings in ty b( held foi the duration of the emeigcncy at Such pi ice is is design tied b) the pi esiduig officer of the legislative body notice by distracts to property owners 549541 The legislative body of un) district tshich is sublcct to the provisions of this chapter sh ill givc marled notice of cvcr} iegulit nnceti ng and an) special meeting which is called it le ist one week p rot to the dat( set for the meeting to any own(r of pi opet t) loc itc(i i,ithit the disci i(t itho It is f►]td a written request for such notice firth the 1(gislatnt body Any in ul(d notice i equn ed pursu tint to this section shall b( in tiled it It tst one N�e(k pi toi to the date set foi the meeting to which it ipph(s except th it th( legisl itiv( body may giv e such notice as it deems pi aet►c it of sp(ci tl i n((tongs( illecl less than seven d tys prior to the datt set foi the meeting renewal of property owner request for An) request for notice filed pursuant to this section shall be N ihd foi one notice of meetings yeat from the date on which it is filed unless a i ene�k-il i equest is fllcd Renew 11 requests foi notice shall be filed within 90 da)s after J inuary 1 of each year Any request for notice or renew-il request filed ptu scant to this section shall contain a description of the properti owned by the person filing the request Such description may be in gencial terms but shill be sufficient enough to re idily identify such propet t} reasonable charge for notice The legisl itive body may estzblish i i eason tble anrfu-il cln-ir6e for st lid ing such notice based on the estimated cost of pi ovufing such i service ' regular meeting agendas 54954 2(a)At least 72 hours befoi e a regular tnect►ng the legisl itnie body 72 hour notice and posting of the local agency or its designee shall post an agend-i containing a bi ref general desci iption of each item of business to be tr tnsacted or discussed it the meeting The agenda shall specif} the time and location of the regular meeting and shall be posted in a location that is freely accessible to member s of the public No action shall be taken on any item not appearing on the posted agenda , (b) Notwithstanding subdivision (a) the legisl itive body may take,action on items of business not appearing on the posted agenda under -my of the following conditions (AI II OKNIA COW MVMI NT(OD] 27 (I) Upon a dt tI I mination by a majority vote of the legislative body that exception 1 ui c me it t❑c) slnl anon cxlsts as defined in Section 54956 5 emergency situation (2) Upon i dctcI initiation by a two thirds vote of the legislative body or exception 2 if Icss th tit two this d,of the members are present I unanimous Note of those need arose subsequent to posting mcmbets piescnt th it the need to take action arose subsequent to the igcnd i bo-n% posted is specified in subdivision (a) (1) I he ttcni v� is posted pursuant to subdivision (a) for a prior meeting exception 3 of the legisl tin c bodv occur I ing not more than five calendar days prior to ttie continued item d it( is tion is t ikc n on the item and at the prior meeting the item usas t onunui d to the im(ting at which action is being taken 54954 3 ( I) F v c n igc nd I for I egular meetings sit ill provide 3n oppoi to public's right to nit)for me mho-i s of the public to dircctl)address the legislative body on items address legislative body of intci t st to the public that it c within the subject matter jurisdiction of the Icglsl ItINc bodN pimided th it no action shall be t-aken on anv item not ippc it nag on the igend i unless the action is otherwise iuthoi tied by subdi siston (b) of Section )Ic)54 2 Howevei in the case of a meeting of a citN exception city items already council in I citN of I bo it d of superxisors in i cityand county the igenda need considered at a public hearing not pi ov idc in ()ppiu riuuty foi members of the public to address the council of bo it(1 01i im it it th it h is ilrt tdy been considered by i committee toniposed eaclusnck of members of the council or board at i public ❑accttng ltiheittn Ill intciested members of the public were iffotded the oppoi nuuty to iddi c„the committee on the item unless the item has been subst inn ill) ch ing[of stitcc the committee he ird the item as deter mined by ill( council of bo it d (b) fhc I(i,isl ime bod) of i roc it igency in i) adopt re icon iblc rcgul I reasonable limits for testimony [ions to t nsur e that tht intent of subdiv ivon (I) is cari ied out including but not limited to I(gul icons limiting the total amount of time illocated foi public tcstimotiN on p it ticul it issues ind lot each indlNidual speaker 54955 fhe Itf,i,litiNe bod) of i local tgcnc) may idjouln any regal11 adjourned meetings idjoui tit d I egul it sptci it or idjon ncd special meeting to a time ind pl ice posting and notice specified in the otdcl of adjournment I css th in a quorum in i) so adjouln fI om time to nine If ill inc mbcI s it t ibsent fi om any I egul 11 01 idlourned I(gill a nit(tin( the c It I k of sc ci ct try of the legislativ c body may deelat e the nc t ring idlotu ned to I st ucd time and pl tie ind he shall c ulsc 1 wutten none c of tlu idloul nnu nt to bt given in the s imc in innei is pi ovided in Sc(non 549)b foi sptci d mct tings unless such notice is waived as provided foi spc c i If Inc[rings -�copy of the ordei of notice of adjournment sh ill be conspictioush posted on or ne it the door of the place where the regular idjoui tied I t i,ul it ,pee i it or idjoui ned special meeting was held within 24 hours iftei the timt of the adjournment When a regular of adjourned t egul it nut ting is idjoui ned is provided in this section the i esulting ad jout ni d it gul ii mitt Ling is i i egulai meeting foi all purposes When an order of idlotu rims tit of im meting f uls to state the hour at which the adjourned nit(ting Is to lit held it sit ill be held at the hour specified for regular nu( imgs b) oidni u1<t iesolutton by law of other title 54955 1 Ain he n trig ht ing held of noticed of oidered to be held by I continued hearing li kisl titvi bodv of i loc it tgency at any meeting m iy by ordei of notice of posting and notice cowinti uu t bI I onnnucd of i t(ontinued to in) subsequent meeting of the It},isl itivt bock tit the s imc in inner ind to the s ime extent set forth in Se (tion 5T)V)lot the idjout nmc tit of meetings provided th it if the heai ing Is t ontinuc d to I uric icss th in 24 hours iftt r the tirne specified in the ordei of uoticc of lit it uij I copy of the ordci of notice of continu ince of hearing sh it l he posted mini(di ttcly following the meeting it which the order or dec I it itioii of conttim inct, w is adopted or in ide 54956 A spcci it inceting may be called at any time by the presiding ; special meeting notice and subject olficci of the lckislitne body of a local agency or by a majority of the mti it)bo,I s of the legisl itivc body by delivering personally or by mull written notification Of news media IIouc c to t u It nu tit bei of the legislative body and to each local newspaper of 28 CALYORi i GOVERNMENT CODE I general circulation radio or television station requesting notice in writing The notice shall be delivered personally or by mail and sh-ill be received at Ic ist 24 hours before the time of the meeting as specified in the notice The t ill ind notice sh ill specify the tune and place of the specs it meeting and the business to be transacted No other business sh ill bt t onside t d at,thee(, meetings by the legislative body The writtt n notice in ty be dispcnst d with is to my mcinbcr who at or prior to the time the inecting cony c ncs files with the cici k or secretary of the legislative body a written w inci of notice fhe wai�ci I ►nay be green by telegram The written notice may ilso he dispcns(,d with is to any member who is actually present at the meeting at the tine it convenes Notice shall be required pursuant to this section iegaidlcss of iehcther lily action is taken at the special meeting The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is fi eeh accessible to members of the public emergency meetings 54956 5 In the case of an emergency situation imoh ing in itters upon which prompt action is necessary due to the disc option of thi eatened disruption of public facilities a legisl itive bod) inaN hold in emergency ineetmgwithoutcomply ing with eithei the24-houi noticeiequiiementorthc 24-hour posting requirement of Section 54956 or both the nonce and posting requirement "emergency situation" For purposes of this section emergency situation me-ins my of the folloising work stoppage (a) N1 ork stoppage or other activit} which sevci eh imp in s public health safety of both is determined b) a majority of the membei s of the Icgisl3ns e body crippling disaster (b) ( rippling disastei which see ei ely imp in s public he filth s ifetN or both as deteimined b) a majority of the members of the legisl itise bodN news media notification HoN\ever each local newspaper of gener-il cn cul ition ind i icho or it fie Vision station which has requested notice of special met rings pursu lilt to Section-)4956 shill be notified by the presiding offices of the ItgislatiN e body or designee thereof one hour prior to the emergence meeting bj telephone and all telephone numbers provided in the most itcent request of such newspaper or station for notification of special meetings sh ill be exh misted In the eNent that telephone services ai e not functioning the notice requn( merits of this section shall be deenned waived and the legislin�c body os designee of the legislative body shall notify such nei%sp ipei s i idio stations or teleN ision stations of the fact of the holding of the emergency meeting the purpose of the meeting and any action taken at the meeting as soon aftei the meeting as possible no emergency closed sessions Notwithstanding Section 54957 the legislative bodv shall not meet in closed session during a meeting called pursuant to this section special meeting requirements apply All special meeting requn ements as prescribed in Section -)4956 shall be applicable to a meeting called pursuant to this section isrth the exception of the 24-houi notice requirement posting of actions The minutes of a meeting called pursuant to this section i list of pee sons who the presiding officer of the legislative body or design(-(of the legislative body notified or attempted to notif) i copy of the toll cull vote and my icnons taken at the meeting shall be posted for a muiunum of 10 days in a Public place as soon after the meeting as possible no fees except those 54956 6 No fees may be charged by the legislativ( bod) of i loc it agc nc) authorized in this chapter for carry ing out any pi ovision of this chapter except as specific illy itithoi ired by this chapter closed session 54956 7 Whenever a legislative body of a local agency deter mines,th it it license applicant with criminal record is necessary to discuss and determine whether an applic lilt foi 1 hems(- of license renewal who has a criminal record is sufficientlti reh-ibslit-Itcd to obtain the license the legislative body may hold a closed session with the (A!!/ORNIA ( 0VI R, N! (ODh 29 ippht int and the applicants attorney if any for the purpose of holding the discussion and making the dete►minatwn If the legislative body determines is -i ►esult of the closed session that the issuance or renewal of the license should be denied the applicant shall be offered the opporttinity to withdraN% the ipphc ition If the applic intwithdi iws the application no recoi d shall be l.i pt of t he discussions of do cisions in tdc it the closed session and all matter s i(1 unig to the closed session sh ill be confidenti it If the applicant does not 1i Ithdi m the application the legisl itivc body shall tlke action at the public ni sung dill ing which the closed session is held or at its next public meeting den)ing the application foi the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant except in an action by an applicant who has been denied a license challenging the denial of the license 54956 8 Notwithstanding any other provision of this chapter a legisla closed session ti\e bo(h of i local agent) may hold a closed session with its negotiator prior real property to the put chase sale exchange. or lease of real pi operty by or for the local lgc ncy to give lnsti actions to its ncgotiatoi rcg it ding the price and terms of p 1)nluit foi tilt porch tit s tic e xt h inge of Ic Ise Flowcvc 1 pilot to the dosed session the It gist itive body of the local disclosure of real l�cncy shall hold in open public session tit Much it identifies the real property parcel, owner pt op(I u of I t II pt opc1 ties which the ncgou owns ill i) concern and the pe I son of pt I sons with whom its ne goti ltol lit iv ncgoti ite Fol the purpose of this section the negou uoi may be a membe► of the kc isl itive bock of the loc it igenci H o► pill poses of this section It ist includes i enew it or t enegotiation of i It Ise Nothing in this st(ion sh ill pi cclucle i hoc it -igenc) fi out holding a close d se sslon foi discussions I eg a ding eminent domain pi oceedings put sti int to Section i4()h6 9 54956 9 Nothing In this chaptct sh ill be consu tied to pi eNent a legisl i closed session tot hods of i loc it igt ncy b ised on utvice of its legisl counsel fi oni holding pending litigation I c lose d sc sslon to c onfc i with o► i ectivc id1 ice fiom its leg it counsel its adnlg ptndtilf, lingition lichen discussion in open session conce►ring those nI cite i s mmld ptcludice the position of the loc d igency in the hnf, ikon I }of pill poses of this(it tptt i ill expression of the i iwyei client p►►vilege no meetings under general oth( I th in thost p►o1 tcicd in tills section it e hei cb) ibi og ited This section lawyer client privilege is the exclusl%c cxpic scion of tilt 1 iwyc► client piiNilege foi purposes of con ducting closed session mettings pulse tilt to this ch iptel For purposes of thisstclion litigation sh ill bedonsufutcipcnctingwhenanyofthefollowing (11 C tilllst In((s exist ( i) An ichiuchc itoiy pi ode t ding befo►c i coui t idministratiie body ex "pending litigation" t I t Ising its ufiudlc ltol} ltitho►ity lit a nig office i of a biti ttor towhuli the adjudicator)/proceeding lot d lk(ri() 1s 1 p it t) h is bed n initi ut d fol in Illy (h)(1) A point h is bt t n is i(hod whet in tht opinion of the legislative 'Pending litigation" body of tilt hoc 11 lf,t ncy Oil tit( Idlvu t of its Ica, it tounsel b ised on existing significant exposure 1 1(is Ind u1 c umst Ill((s tilt I e is I ,igliifl( tilt t xposure to litigation against Ill( hoc 11 lge ncy of (2) B is((I ou c xlsting f tits in([tit cumst mcc s the legislative body of the closed session to Im 11 lgt ncy is nice ling onh to decide whether-i closed session is authorized decode On a closed session put sit uit to p it tf,i iph (1) of this subdivision (c) B is(d on existing facts and circumstances the legislative body of the "pending litigation" decision to litigate lot it igencv h is decided to initiate of is deciding whether to initiate hug itioli 30 CALYOk i GOVERNMENT CODE Prior to holding a closed session pursuant to this section the legislative disclosure of type body of the local agency shall state publicly to which subdivision it is pursuant of pending litigation I If the session is closed pursuant to subdivision (a) the body shall state the title of or otherwise specifically identify the litigation to be discussed unless the body states that to do so would jeopardise the agency s ability to effectuate service of process upon one or more unscrved parties or that to do so would jeopardivc its ability to conclude existing settlement negotiations to its advantage memo by body's attorney The legal counsel of the legislatiN e body of the local agency shall prepare and submit to the body a memorandum stating the specific reasons and legal authority for the closed session If the closed session is pursuant to subdivision (a) the memorandum shall include the title of the litigation If the closed session is pursuant to subdivision (b) of (c) the memorandum shall include the existing facts and circumstances on which it is based The legal counsel shall submit the memorandum to the bod) prior to the closed session if feasible and in any case no 1 itei th in one week after the closcd session The memorandum shall be exempt fi om disclosin e pursuant to Section 6254 1 For purposes of this section litigation includes any adjudicatory pi ceedmg including eminent domain before -A court admmistiatne body exercising its adludicatory authoi iri hearing officer or arbitrator closed session public security 54957 Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorne) General district attoi neN sheriff or chief of police or their respective deputies on matters posing a threat to the security of public buildings of a threat to the public s i ight of access to public Services or public closed session facilities or from holding closed sessions during a regular or special meeting evaluate or hire public employee to consider the appointment emploNment evaluation of performance or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing The legislatne body also may exclude from any such public or closed meeting din ing the examination of a witness any or all other witnesses in the matter being irnestigated bN the legislative body "emplo ee" For the pui poses of this section the term employee shall not include excludes elected or appointed off c►als, any person clected to office or appointed to an office by the legislative body includes city or general manager, others of a local agency provided hmi eier that nonelective positions of city managei county admmistr-itor citN attoi w county counsel or a depart ment head or other similar administratne officei of a local agency shall be I considered employee positions and pi oNided further that non elective post tions of general manager chief engineer legal counsel district secretary auditor assessor treasurer or tax collector of any governmental district sup plying services within limited boundaries shall be deemed employee posi tions closed session national security Nothing in this chapter shall be construed to pi event any board commis sion committee or other body organized and operated by any private orgam zation as defined in Section 54952 from holding closed sessions to consider (a) matters affecting the national security or (b) the appointment employ ment evaluation of performance or dismissal of an employee or to hear complaints or charges brought against such emplovee by another person or employee unless such employee requests a public hearing Such body also may exclude from any such public or closed meeting during the examination of a witness any or all other witnesses in the matter being investigated by the legislative body disclosure of hiring or firing 549571 Thelegislative body of any local agency shall publicly report at the public meeting during which the closed session is held or atits nextpublic meeting any action taken and any roll call vote thereon to appoint employ or dismiss a public employee arising out of any closed session of the legislative body i CAI II,ORNIA GOVFh vivIFNI CODA 31 54957 2 (i) rile legislative body of a local agency may by ordinance or resolution design ite-i clerk or other officer or employee of the local agency minute @cools who sh ill the n ittend each closed session of the legislative body and keep and e titc t in 1 nlmtlte book i►ecoi d of topics discussed and decisions invidc it the nu c ling I he nunutc book ❑i We pursuant to this section is not i public t e(old subjc ct to iispection pin su-int to the California Public Recoi ds Act (( h iptc i `3 i (commencing with Section 6250) of Division 7 of Titic 1) and ,,It ill be kept confidcrit►i1 The minute book shall be avail-ible onls to membci s of the legislative body or if a s lolation of this chapter is alleged to hasc occur red at-i closed session to a court of general jurisdiction wheiein the local agencti lies Such minute book may but need not consist of a iecording of the closed session (b) An ciccted legislative body of a local agency may require that each I(gislatisc hody ill of i majority of whose members are appointed b)of under the tuthm ity of t he c Ic c tc d lc gislatn e bodv keep a minute book as pi esci ibed undu sub(1iusion ( i) 549575 ( t) \onsithst inchngScction62i5or inyothei provisionsof 11w agendas, other writings, igc nd is of public mcctinf,s ind othe► m itings when distributed to ill or 1 are public records ni ijouty of ill of the m( inbcrs of a legislative body of a local igcncs b) a meinbei officci (mplo)cc oiagentof such bo(l) fordiseussionorconsuleia lion It i public niecting of such body it e public records under the( ilifot ilia Public Records Act ((haptei S 5 (commencing with Section 6250) of Drvi sion 7 of Title 1) is soon is distributed ind shill be made available pill su int to Sections 62,)5 incf 6256 HoweN er this section shall not include an)vsi itmg exempt from public disclosure under Section 62515 6254 or 6204 7 (b) Writings which ue public iecords under sub`iixision (a) and ts}nch writings distributed before it e clisti ibuted pi lot to commencement of a public meeting shall be made meeting are available on request ivailable foi public inspection upon request prior to commencement of such me e ting (c) b1'utings ishich -ire public records unde► subdnision (a) and ishich writings distributed before u e disti ibuted dui ing i public meeting and prior to commencement of their discussion are to be discussion at such meeting sh ill be made available for public inspection pi for available before discussion begins to coinmenceniunt of ind during their discussion at such meeting (d) Wutunj,syshich ire public iecoi(is under subdivision (i) ind ishich writings distributed u e clisti ibuted din ing then discussion at i public meeting sh ill be nt ide during discussion to be made iv ulablc foi public inspection rinmcdiateh or as soon thereafter as is p►acti available immediately c INC (e) Nothing in this section shall be construed to prevent the legislative fee or deposit for body of a local igency from charging a fee or deposit for a copy of a public copying a public record rec of d pursuant to Section 6257 The writings described in subdivisions (b) (c) ind (d) are subject to the requirements of the California Public Recoi ds Act (Ch ipter � ) (commencing with Section 6250) of Division 7 of Title 1) ind subdivisions (b) (() ind (d) shall not be construed to exempt from pubhc insp(-c non im t ecoi d cos ercd b) that act or to limit the public slight to inspect my i c coi d ►cquu cd to be disclosed by that act This section shall not be consti ucd to be ipplic ible to am writings solelv because they are pi op(i 1) discussed in i closed session of a legislative bodv of the local agency Nothing in this ch ipte► shall be construed to require a legislative bod)o► [sic] i loc it ig(ric) to pl ice in) paid ldvertisement or any other paid notice in any public ition i (f) Writing foi pill poses of this section means writing as defined "writing"defined unde i Section 62o2 54957 6 (a) ssotw►thstlnding any other provision of law a legislative closed session body of a local igency may hold closed sessions with the local agency s labor negotiations, design ited representatives regarding the salaries salary schedules compen salary and fringe benefits sation paid in the form of fringe benefits of its represented and unrepre seated employees Closcd sessions of a legislative body of a local agency as s 32 CALkOPu 30VERNMAN7 COM permitted in this section shall be for the purpose of reviewing its position and instructing the local agency s designated representatives Closed sessions as permitted in this section may tale place prior to and during consultations and discussions with representatit es of employee of ganiiations and unrepi e rented employees closed session with state conciliator For the pui poses enumerated in this section a legislatn e body of a local agency miy also meet with a state concili-itor who has intervened in the proceedings closed session on other (b) In addition to the closed sessions authorized by subdivision (a) the working conditions legislative bodv as defined by Sections 54952 54952 2 Aq-)2 3 and 54952 5 of a public agency as defined bN subdivision (c) of Section 3501 may'hold closed sessions with its designated representatives on m ind itory subjects within the scope of representation of its represented employees as deter jmined pursuant to Section 3504 disclosure of general 54957 7 Prior to or after holding any closed session the legislate c bodv reason for a closed session of the local agency shall state the gcnei nl reason o► is icons for the closed session ind ma) cite the statutort authority including the specific section and subdvision or othei legal authority undei NNhich the session [s being held In the closed session the legislative body mini constdc► onh those inatteis coxeicd in its statement hn the case of special idlou►ncd ind continued meetings the st itement shall be inade is put of the notice p►mided foi the special adjotuned of continued meeting Nothing in this section shall i equne or iuthoi ize the giving of n unes of othei infoi mation which mould constitute an im ision of pre icy of othci-%�isc unnecess a ih de ulge the p ii ticula► f i(ts concei ning the closed session closed session multilurisehetional 549578 Nothing contained in this ch iptcr sh ill be consti ucd to prcv eat drug law enforcement agency the legisl ite c body of a multilui isdictional di ug 1 m cnfoi cemcnt igcine) of an advsor) bod) of a multilui isdictional drug t iw enfoi ccnient 1 m cnfoi cc meat agency fi om holding closed sessions to discuss the c uc i ecoi(is of uiN ongoing crunin it investig ition of the multiliu iscliction nl di ug 1 m cnfoi ce ment agency of of i ny p ii ty to the joint pow(i s igi c e mcnt to he a to sttmonv from pei sons involved in the imestig ition and to discuss cou►ses of a tion ii p irtieul u c ise s 'vlultilut[sell(icon it dh ug l iiv e nfoi ce nncnt lgello foi pui pose s of tills section nu ins i joint powci s e ntie lot nicd pill sti int to Ai tie lc 1 ((ommcnc ing%pith Section 6n00) of (hapte► 7 of Dnision 7 of Fitic 1 vdiich pzoiides di ug law enforcement services foi the p-u ties to the joint poNNet s agi eement The L egisl-ttui e finds and declai es that this section is iuthin the public intei est in th it its provisions a►e necess iry to pi eN ent the imp ill meat of ongoing law enfoi cement investigations to protect witnesses ind mfoimlilts and to pei mit the discussion of effective coui sec of action in p-li ticulai Cases removal for willful disruption 54957 9 In the event that am meeting is willfull} intci i upted by a group of groups of pei sons so as to ►endei the orderly conduct of such meeting unfeasible and of der cannot be i estoi ed by the i emoN al of indniduals iN ho arc willfully inteiiupting the meeting the membcis of the legislated bodN con ducting the meeting in i) order the meeting ioonn cic tied ind continue in session Only nnatteis appe icing on the agenda in iy be conside►ed in such 1 session Repi e sentitives of the pi ess of othei news tnedi t except those participating in tic, distill bance shall be illowcd to ittciid my sc ssion held pursuant to this section Nothing in this section sh ill piolubit the kgislatitc body from cst ibhshing a proccdui c for i c id►nitting in ind(ulu d of utdeulu ils not i esponsible for willfully distill Bing the o►(it i 1)conduct of the iuccOng provisions apply 54958 The ptovisions of this chaptei shall apply to the icgisl itive bodt of to all legislative bodies every local agency notwithstanding the conflicting pimisions of my othei state law (AI//ORNIA ( OVI h NI (ODI 33 54959 1 ach membci of a legislative body who attends a meeting of such lcgislative body where action is taken in violation of any provision of this misdemeanor violation chapter with knot+ledge of the fact that the meeting is in violation thereof is guilty of a misdemeanor 54960 Any intei ested person may commence an action by mandamus civil action to prevent injunctionoi declaratory relief foi the purpose of stopping or preventing vio 1 itions of thieatcned tiolations of this chaptei by members of the legislative or stop violations bodN of i local agency or to determine the applicability of this chapter to ictions of threatened future action of the legislative body 549601 (a) Am interested person niav commence an action b) manda mus of injunction for the purpose of obtaining a,judicial determination that civil action to invalidate an action an action taken bN a legislative body of a local agency in violation of Section o4903 o4954 2oi o4956 is null and Noid under this section Nothing in this chapter shall be construed to pre,,ent a legislative body from curing or cor recting an action challenged pursuant to this section (b) Prior to any action being commenced pursuant to subdivision (a) demand to cure and correct the interested pet son shall make a demand of the legislative body to cure or cot rect the action alleged to have been taken in violation of Section 04953 1 -)4904 2 or o4956 The demand shall be in writing and clearly describe the challenged action of the lcgisl itike bod) and nature of the alleged violation The wi itten dem ind shall be made within 30 days from the date the action was taken Within 30 days of receipt of the demand the legislative bodti shall i action to cure or correct cute or correct the ch illenged action and inform the demanding party in wi iting of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or cot iect the challenged action If the legislative body takes no action with the 30 day period the inaction shall be deemed a decision not to cure or core ect the challenged action and the 15 1 daN period to commence the action described in subdivision (a) shall commence to run the day after the �O da) period to cure of correct expires Within 15 days of receipt of the written notice of the legislatiNe bod) s decision to cure or correct the expriation of the 30 day period to cure or cot rect or not to cut e or correct within 1 a days of or within 75 days from the date the challenged action was taken whichever is earlier the demanding pat t� shall be requned to commence the action pursuant to subdivision (a) or thereafter be bat red from commencing the action (c) An action taken shall not be deter mined to be null and void if any of the following conditions exist r (1) The action taken was in substantial compliance with Sections o4953 I exception 1 154954 2 and 54956 substantial compliance (2)The action taken was in connection with the sale or issuance of notes bonds or other eNidences of indebtedness or any contract instrument or exception 2 notes, agreement thereto bonds or other indebtedness (1) The action taken gave rise to a contractual obligation including a exception 3 contt ac t lit by eompettttNe bid upon which a pai ty has m good faith detri P iiitntally rt lied contractual obhaat►on (4) flit cation t iktn was in connection with the collection of ani tax exception 4 tax collection (d) Din ing anti action seeking a judicial deter mination pursuant to sub chi ision (a) if the tout t determines pursuant to a showing by the legislative dismissal with prejudice ►f an body th it an action alleged to have been taken in violation of Section 54953 action has been cured and corrected 54954 2 or 54956 has been cured or corrected b) a subsequent action of the legislati\e body the action filed pursuant to subdivision (a)shall be dismissed with prejudice (e) The fact that a legislative body takes a subsequent action to cure or action to cure and correct correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter is not evidence of violation 34 CALff 01 GOVERNMENT CODF 54960 5 A court may award court costs and reasonable attorney fees to attorney fees for plaintiff the plaintiff in an action brought pursuant to Section 54960 or 54960 1 where it is found that a legislative body of the local agency has violated the provisions of this chapter The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency A court may award court costs and reasonable attorney fees to a defen attorney fees for defendant dant in any action brought pursuant to Section 54960 or-)4960 1 where the defendant has prevailed in a final determination of such action and the'court finds that the action was clearly frivolous and totally lacking in merit no activity permitted in a 54961 No local agency shall conduct any meeting confti ence of othci facility that discriminates function in any facility that prohibits the admitt ence of any person or persons on the basis of race religious creed color nation it of igin incestry or sex This section shall apply to every local agency as defined in Sc,ctlon 54951 54951 1 or 54951 7 ' closed sessions must be 54962 Except as expressly authorized by this chapter no closed session may be held by any legislative body of any local agency expressly authorized I I I I I 35 index delegated authority 6 7 24 delegating 1 24 action taken 14 21 25 28 30 33 34 deposit 13 31 id hoc advisory groups 7 determination 12 27 29 33 34 idjom ned meeting 9 27 directors 4 -) 7 24 uljudi(atory 17 29 30 disaster 10 28 advuc 17 29 disciplinan hearmo 5 uhisors -) district 4-8 8 10 12 15 18 21 24 26 30 uhuory 1 2 5 7 9 10 19 24 2 32 district attotney 19 21 30 igc nda 1 3 6 9 14 21 23 2527 31 32 disturbance 13 32 III pollution 5 drug 19 32 iu poi t 4 Earl N4 arren 1 Al unc.da( ounty 7 emeigencN 911 26-28 ancestr� 13 34 emergenc\ meeting 10 11 28 u hitt itor 19 29 30 emergencN situation 10 11 27 28 attendance list 11 25 eminent domain 3 17 29 30 fittorney fees 34 emploNee 2 a 15 16 18 19 30 32 34 kttoi neN Cenei it 1 4 6 8 10 12 14 17 19 exception 1 2 a 6 8 9 12 13 15 19 25 27 20 30 28 33 ittoincti/client ptivilege 17 16 fact'indei 19 ittotneNs ftes 22 fee 13 22 28 31 34 B iglu Keene Act 1 fiducian 1-i bai gaining 18 19 finance committee 6 blue ribbon 7 formal action o 7 24 Bo m d of Education 7 8 fringe benefits 18 31 bonds 22 33 funds o 7 24 bound-ti-v 2 4 9 26 30 gathering 1 3 4 hudgct 6 16 general lav% 4 5 9 24 bN l m s 9 10 25 26 governing body 6 25 ( ilifoi ni i Vcwsp tper Publisher s Association 4 grand jun 19 25 c indict itc 2 5 6 16 guardian 19 cc nit it committees 5 hearing 3 -) 9 13 15 19 25 27 29 31 ( h unbct of (oinmei ce 7 hospital 7 8 19 20 chaik( 10 26 housing authority 5 citi/en 2 1 7 12 22 hub and spoke 3 ciNd iction 21 22 33 indebtedness 22 33 c lose d inccting 2 8 10 11 17 17 18 22 30 independent contractors 15 16 closed session 10 15 20 28 32 34 informal 3 4 22 dohs(um 7 intent 1 11 13 24 27 coloi 13 34 invalidate 1 11 21 33 commission 1 h 6 10 15 24 25 30 invalidation 12 16 18 21 22 committee 2 5 7 10 11 13 14 16 23 25 27 30 irrigation district 4 6 commune ition 1 job applicant 6 16 competitive bid 22 33 joint poN%ei s 7 19 32 confusion 2 judges o consultants 15 judiciaii 1 o continued hearing 9 27 jurisdiction 4 13 16 26 27 31 cone ict 11 18 22 33 Kiwanis 4 coati a(to it obligation 22 33 labor 1) 18 31 contioNetsial 4 6 15 law enfoiceinent agency 19 32 contioNeisv 2 3 7 8 10 15 16 23 lawyer client privilege 29 c of i espondence 11 League of California Cities 1 4 11 16 22 council 3 5 7 11 13 20 27 lease 17 29 court 1 3 5 7 10 8 12 14 15 17 21 22 2911 legal counsel 1 15 17 29 30 33 34 legislation 1 16 ci iminal 2 19 21 28 32 legislature 1 5 1'7 24 32 c iminal complaints 21 less than a quorum 2 5 6 9 25 27 ci unm it i ccord 19 28 library boards 5 25 cure of coirect 21 33 lobbyist 3 d usy ch un 3 luncheon 4 dd ft nd int 22 14 mail ballots 13 36 Mann 7 8 retreats 4 mayor 7 16 Richard (Bud) Carpenter 1 mediator 18 right 1 3 13 16 17 19 24-27 30 31 memorandum 17 30 rights 2 3 21 Meyei s Milias BroNN n Act 18 Rodda Act 18 19 Mike Harris 1 Rotary 4 minute book In 31 rotating 3 misdeme mor 21 22 33 role 2 9 21 25 27 multi mcnibei 2 ) Salary 15 16 18 31 multijurisdicuonal ding law enforcement agency school 4 5 7 11 12 16 18 19 24 19 12 secietNotes 13 rnultimcmbei 24 security 19 30 nation rl ozigin 13 34 semi closed 13 national security 19 30 sei ial 3 21 ncgotiauon 10 17 19 29 31 seriatiin 3 negotiatoi 17 18 29 serNice of piocess 17 30 news mcdi i 2 3 6 10 13 15 17 22 27 28 32 session 1 10 1 ) 20 28 12 34 newspapci 2 4 9 16 27 28 settlement 17 18 30 non agend i item 11 23 sex 13 34 nonprofit coipoi-ition 7 24 single decision maker 7 notes 22 33 social eNents 4 notice 1 3 4 6 9 11 to 18 21 24-28 31 33 soNereignt} 1 24 official cap-icit) ) 7 24 special district 10 ordinance 9 14 24-27 31 special meeting 9 11 21 2628 30 Palm Springs 8 staff 2 3 5 12 14 10 18 parent 19 state agency 1 2 parole o student 19 pending litigation 10 to 18 29 30 subquorum 6 7 pet manent board o 20 substantial compliance 21 33 personnel 11 1,) 16 18 superintendent 7 16 pl unuff 22 34 Superior Coui t -i planning agencies Supreme COtii t 2 8 planning commission o 6 25 surprise items 12 police connnissionei s 15 tlpe recorder 13 26 politic it subdnision 24 task force 7 pi iN ate 2 ) 17 19 24 25 30 teleconference 2-) pi opci t) 10 11 1 o 17 18 26 29 telephone 3 10 28 public comment 3 6 13 14 23 25 testimony 3 19 22 20 27 12 public funds 7 trade secrets 8 19 public health 10 28 unitary bod) 6 public notice 1 3 6 9 10 21 vacant positron 6 public record 13 19 31 video 3 25 public securit) 30 violate 2 4 21 22 public testimom 22 27 Aiolation 24 6 14 to 21 2 31 33 34 public work project 7 24 Aork stoppage 10 28 quasi judicial ) writing 9 10 13 20 28 31 33 questionnaire 13 20 zoning 5 quorum 1 6 9 2n 27 i ice 13 34 Ralph M Brown 1 24 i eactive discussion 14 re-il estate 15 17 18 zeal property 17 18 29 recreation boards o redevelopment agency 3 4 register 13 20 regular meeting 9 11 15 25 27 e i eligious creed 13 34 report 6 11 19 23 30 reporter 1 3 4 6 16 23 request 10 13 19 26 28 31 f a' i Americanss�c� tion c)f Uriivcrsitv`Womeri n Assoejauon of California Aos Oita I"Distriets -ssociatio,n of C alifornia Water Agencies' C ahforma A`ssoc�ation of Sanitat►on Agencies forma C orn nunity College Trirstc es ( altfornia Spt coal �IStrIC[S Association v ; ( r orma Nc wsp�per P.ublishcrs Asst�c�atton ' ( ahfornia Scl col.I'bards Associatibri ` CAlife)- Rf"dcasters :� ( enter for':Publc Interest.I.Aw . C'o.�nmon'Cause.` ( ot►ria� Supr�iu�rs Asseic�ation of(, liforn :t k I eaguc cif(alif(•)rnia'C Mies [ eaguc;0 Wgriicn V.� ters. > , octc t of I►ofcLLtitiic ttilf lournal sts ; Eel a !' CITY ®F HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO Honorable Grace Winchell, Mayor, and Members of the City Council FROM Gail Hutton, City Attorney DATE January 27, 1993 SUBJECT Brown Act Attached is a copy of the Brown Act as revised at the last legislative session Note that two new sections have been added to the Act They are sections 54954 4 and 54954 6 which deal with limiting reimbursement to local agencies and school districts for costs incurred, and the holding of at least one public meeting prior to adopting any new or increased general tax, respectively The Brown Act continues to require meetings to be open to the public (§ 54953) , except in the case of matters which are permitted to be considered in closes session (see §§ 54956 7, 54956 8, 54956 9, 54956 95 and 54957) , and agendas must be posted at least 72 hours before a regular meeting, and no action may be taken on any item not on the posted agenda except in those instances noted in § 54954 2 As you know, there are criminal sanctions for violating the Brown Act (§ 54959) , and a civil action may be brought for violation, which includes a right to attorneys' fees (§ 54960 5) Gail Hutton City Attorney Attachment cc Michael T Uberuaga, City Administrator Ray Silver, Assistant City Administrator Pat Dapkus, Management Assistant All Department Heads APPENDIX G OFFICE OF Ig5I0gB CITY ATTORNEY ��F�alrNT �``�o� 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92647 GAIL HUTTON TELEPHONE City Attorney THE RALPH X BROWN ACT 1714)536-W5 Government Code Sections FAX 714 374 16" 54950 - 54962 1993 Edition Section 54950 DECLARATION OF PUBLIC POLICY In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people' s business It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly The people of this State do not yield their sovereignty to the agencies which serve them The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know The people insist on remaining informed so that they may retain control over the instruments they have created Section 54950 5 TITLE OF ACT This chapter shall be known as the Ralph M Brown Act Section 54951 «LOCAL AGENCY W As used in this chapter, " local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency Section 54951 1 PUBLIC MEETINGS BY ANTIPOVERTY ORGANIZATIONS For the purposes of this chapter, and to the extent not inconsistent with federal law, the term "local agency" shall include all private nonprofit organizations that receive public money to be expended for public purposes pursuant to the "Economic Opportunity Act of 1964" (P L 88-452, 78 Stats [42 U S C S§ 2701 et seq ] ) Section 54951 7 "LOCAL AGENCY W ' Local agency" includes any nonprofit corporation, created by one or more local agencies, anyone of the members of whose board of directors is appointed by such local agencies and which is formed to acquire, construct, reconstruct, maintain or operate any public work project Section 54952 "LEGISLATIVE BODY " As used in this chapter, "legislative body" means the governing board, commission, directors or body of a local agency, or any board or commission thereof, and shall include any board, commission, committee, or other body on which officers of a local agency serve in their official capacity as members and which is supported in whole or in part by funds provided by such agency, whether such board, 1/20/93 ATTYMISC29 sg -1- commission, committee or other body is organized and operated by such local agency or by a private corporation Section 54952 2 ADDITIONAL DEFINITION OF "LEGISLATIVE BODY " As used in this chapter, "legislative body" also means any board, commission, committee, or similar multi-member body which exercises any authority of a legislative body of a local agency delegated to it by that legislative body Section 54952 3 "LEGISLATIVE BODY" ADVISORY COMMISSIONS, COMMITTEES, OR BODIES As used in this chapter "legislative body" also includes any advisory commission, advisory committee or advisory body of a local agency, created by charter, ordinance, resolution, or by any similar formal action of a legislative body or member of a legislative body of a local agency Meetings of such advisory commissions, committees or bodies concerning subjects which do not require an examination of facts and data outside the territory of the local agency shall be held within the territory of the local agency and shall be open and public, and notice thereof must be delivered personally or by mail at least 24 hours before the time of such meeting to each person who has requested, in writing, notice of such meeting If the advisory commission, committee or body elects to provide for the holding of regular meetings, it shall provide by bylaws, or by whatever other rule is utilized by the advisory body for the conduct of its business, for the time and place for holding such regular meetings No other notice of regular meetings is required "Legislative body" as defined in this section does not include a committee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body The provisions of Sections 54954, 54955, 54955 1, and 54956 shall not apply to meetings under this section Section 54952 5 "LEGISLATIVE BODY" PERMANENT BOARDS OR COMMISSIONS As used in this chapter "legislative body" also includes, but is not limited to, planning commissions, library boards, recreation commissions, and other permanent boards or commissions of a local agency Section 54952 6 "ACTION TAKEN " As used in this chapter, "action taken' means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance 1/20/93 ATTYMISC29 sg -2- Section 54952 7 GIVING COPY OF CHAPTER TO MEMBERS OF "LEGISLATIVE BODY " A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body Section 54953 MEETINGS TO BE OPEN AND PUBLIC (Operative until January 1, 1994 ) (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter (b) Notwithstanding any other provision of law, the legislative body of a local agency may use video teleconferencing for the benefit of the public or the legislative body of a local agency in connection with any meeting or proceeding authorized by law The use of video teleconferencing, as authorized by this chapter, shall be limited to the receipt of public comment or testimony by the legislative body and to deliberations of the legislative body If the legislative body of a local agency elects to use video teleconferencing, it shall post agendas at all video teleconference locations and adopt reasonable regulations to adequately protect the statutory or constitutional rights of the parties or the public appearing before the legislative body of a local agency The term "video teleconference" shall mean a system which provides for both audio and visual participation between all members of the legislative body and the public attending a meeting or hearing at any video teleconference location This section shall remain in effect until January 1, 1994, and on that date is repealed, unless a later enacted statute, which is chaptered before January 1, 1994, deletes or extends that date Section 54953 MEETINGS TO BE OPEN AND PUBLIC (Operative January 1, 1994 ) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter This section shall become operative January 1, 1994 Section 54953 1 RIGHT OF MEMBERS OF "LEGISLATIVE BODY" TO GIVE TESTIMONY IN PRIVATE The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body 1/20/93 ATTYMISC29 sg -3- Section 54953 3 REGISTRATION NOT REQUIRED AS A CONDITION OF ATTENDANCE AT A MEETING BY A MEMBER OF THE PUBLIC. A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the documentation is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document Section 54953 5 RECORDING PROCEDURE. Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings on a tape recorder in the absence of a reasonable finding of the legislative body of the local agency that such recording constitutes, or would constitute, a disruption of the proceedings Section 54953 7 ACCESS TO MEETINGS BEYOND MINIMAL STANDARDS Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body Section 54954 RULES FOR CONDUCT OF BUSINESS, TIME AND PLACE FOR HOLDING MEETINGS The legislative body of a local agency shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time for holding regular meetings Unless otherwise provided for in the act under which the local agency was formed, meetings of the legislative body need not be held within the boundaries of the territory over which the local agency exercises jurisdiction If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the presiding officer of the legislative body Section 54954 1 MAILED NOTICE OF MEETINGS ON REQUEST, FEES The legislative body which is subject to the provisions of this chapter shall give mailed notice of every regular meeting, and any special meeting which is called at least one week prior to the date set for the meeting, to any person who has filed a 1/20/93 ATTYMISC29 sg -4- written request for that notice with the legislative body Any mailed notice required pursuant to this section shall be mailed at least one week prior to the date set for the meeting to which it applies except that the legislative body may give the notice as it deems practical of special meetings called less than seven days prior to the date set for the meeting Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed Renewal requests for notice shall be filed within 90 days after January 1 of each year The failure of any person to receive the notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the legislative body for which the notice was given The legislative body may establish a reasonable annual fee for sending the notice based on the estimated cost of providing the service Section 54954 2 POSTING AGENDAS (a) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public No action shall be taken on any item not appearing on the posted agenda (b) Notwithstanding subdivision (a) , the legislative body may take action on items of business not appearing on the posted agenda under any of the following conditions (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956 5 (2) Upon a determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted as specified in subdivision (a) (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken 1/20/93 ATTYMISC29 sg -5- Section 54954 3 PUBLIC INPUT (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body' s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954 2 However, in the case of a meeting of a city council in a city or a board of supervisors in a city and county, the agenda need not provide an opportunity for members of the public to address the council or board on any item that has already been considered by a committee, composed exclusively of members of the council or board, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee' s consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the council or board (b) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker Section 54954 4 REIMBURSEMENTS TO LOCAL AGENCIES AND SCHOOL DISTRICTS FOR COSTS (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists For purposes of Section 54954 2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) 1/20/93 ATTYMISC29 sg -6- is a matter of overriding public importance Unless specifically stated, no future Budget Act, or related budget enactments, shall in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner (Added by Stats 1991) Section 54954 6 NEW OR INCREASED TAXES OR ASSESSMENTS, HEARINGS, NOTICE (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a city, county, or special district shall conduct at least one public meeting at which local officials must allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment (2) The legislative body shall provide at least 45 days ' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment (b) (1) The notice of the public hearing required by paragraph (2) of subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed Renewal requests for mailed notices shall be filed on or before April 1 of each year The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service (2) The notice required by paragraph (1) shall include, but not be limited to, the following (A) The amount or rate of the tax (B) The activity to be taxed (C) The estimated amount of revenue to be raised by the tax annually (D) The dates, times, and locations of the public hearings described in subdivision (a) (E) The phone number or address of an individual, office, or organization that interested persons may contact to receive additional information about the tax 1/20/93 ATTYMISC29 sg -7- (c) (1) The notice of the public hearing required by paragraph (2) of subdivision (a) with respect to a proposal for a new or increased assessment on real property shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender This mailed notice shall be given to all property owners by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization assessment roll, as the case may be (2) The notice required by paragraph (1) shall include, but not be limited to, the following (A) The estimated amount of the assessment per parcel (B) A general description of the purpose or improvements that the assessment will fund (C) The address to which property owners may mail a protest against the assessment (D) If applicable, a statement that a majority protest shall cause the assessment to be abandoned (E) The dates, times, and locations of the public hearings described in subdivision (a) (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process (e) Subdivisions (b) and (c) shall not apply to any new or increased general tax or any new or increased assessment that requires an election of the property owners or registered voters subject to the proposed general tax or assessment (f) Nothing in this section shall prohibit a local agency from holding a consolidated hearing at which the legislative body discusses multiple tax or assessment proposals (g) The local agency may recover the costs of the hearing and notice required by this section from the proceeds of the tax or assessment (Added by Stats 1992) Section 54955 ADJOURNMENT OF MEETING The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment Less than a quorum may so adjourn from time to time If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated 1/20/93 ATTYMISC29 sg -8- time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, by law, or other rule Section 54955 1 CONTINUANCES Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings, provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made Section 54956 SPECIAL MEETINGS A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice The call and notice shall specify the time and place of the special meeting and the business to be transacted No other business shall be considered at these meetings by the legislative body The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice The waiver may be given by telegram The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public 1/20/93 ATTYMISC29 sg -9- Section 54956 5 EMERGENCY MEETINGS; NOTICE In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements For purposes of this section, "emergency situation" means any of the following (a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible Notwithstanding Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible Section 54956 6 FEES. No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter 1/20/93 ATTYMISC29 sg -10- Section 54956 7 CLOSED SESSION ON ISSUANCE OF LICENSE OR RENEWAL TO A PERSON WITH CRIMINAL RECORD Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant' s attorney, if any, for the purpose of holding the discussion and making the determination If the legislative body determines, as a result of the closed session, that issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license Section 54956 8 CLOSED SESSIONS WITH NEGOTIATOR REGARDING PURCHASE, SALE, EXCHANGE OR LEASE OF REAL PROPERTY. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or real properties which the negotiations may concern and the person or persons with whom its negotiator may negotiate For the purpose of this section, the negotiator may be a member of the legislative body of the local agency For purposes of this section, "lease" includes renewal or renegotiation of a lease Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956 9 Section 54956 9 CLOSED SESSIONS REGARDING PENDING LITIGATION Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation 1/20/93 ATTYMISC29 sg -11- For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter For purposes of this section, litigation shall be considered pending when any of the following circumstances exist (a) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state publicly to which subdivision it is pursuant If the session is closed pursuant to subdivision (a) , the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage The legal counsel of the legislative body of the local agency shall prepare and submit to the body a memorandum stating the specific reasons and legal authority for the closed session If the closed session is pursuant to subdivision (a) , the memorandum shall include the title of the litigation If the closed session is pursuant to subdivision (b) or (c) , the memorandum shall include the existing facts and circumstances on which it is based The legal counsel shall submit the memorandum to the body prior to the closed session if feasible, and in any case no later than one week after the closed session The memorandum shall be exempt from disclosure pursuant to Section 6254 1 For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its ad]udicatory authority, hearing officer, or arbitrator 1/20/93 ATTYMISC29 sg -12- Section 54956 95 CLOSED SESSIONS REGARDING LIABILITY (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency (b) Nothing in this chapter shall be construed to prevent the Local Agency Self-Insurance Authority formed pursuant to Chapter 5 5 (commencing with Section 6599 01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers ' compensation liability incurred by the authority or a local agency member of the authority (c) Nothing in this section shall be construed to affect Section 54956 9 with respect to any other local agency Section 54957 CLOSED SESSIONS Nothing contained in this chapter shall be construed to prevent the legislative body of \a local agency from holding closed sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective deputies, on matters posing a threat to the security of public buildings or a threat to the public' s right of access to public services or public facilities, or from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing The legislative body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body For the purposes of this section, the term "employee" shall not include any person elected to office, or appointed to an office by the legislative body of a local agency, provided, however, that non-elective positions of city manager, county administrator, city attorney, county counsel, or a department head or other similar administrative officer of a local agency shall be considered employee positions, and provided, further that non-elective positions of general manager, chief engineer, legal counsel, district secretary, auditor, assessor, treasurer, or tag collector of any governmental district supplying services within limited boundaries shall be deemed employee positions Nothing in this chapter shall be construed to prevent any board, commission, committee, or other body organized and operated by any private organization as defined in 1/20/93 ATTYMISC29 sg -13- Section 54952 from holding closed sessions to consider (a) matters affecting the national security, or (b) the appointment, employment, evaluation of performance, or dismissal of an employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing Such body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body Section 54957 1 PUBLIC REPORT OF EMPLOYMENT DECISIONS. The legislative body of any local agency shall publicly report at the public meeting during which the closed session is held or at its next public meeting any action taken, and any rollcall vote thereon, to appoint, employ, or dismiss a public employee arising out of any closed session of the legislative body Section 54957 2 MINUTE BOOK (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Chapter 3 5 (commencing with Section 6250) of Division 7 of Title 1) , and shall be kept confidential The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies Such minute book may, but need not, consist of a recording of the closed session (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a) Section 54957 5 AGENDA AND OTHER WRITINGS AS PUBLIC RECORDS (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by a member, officer, employee, or agent of such body for discussion or consideration at a public meeting of such body, are public records under the California Public Records Act (Chapter 3 5 (commencing with Section 6250) of Division 7 of Title 1) as soon as distributed, and shall be made available pursuant to Sections 6253 and 6256 However, this section shall not include any writing exempt from public disclosure under Section 6253 5, 6254, or 6254 7 1/20/93 ATTYMISC29 sg -14- (b) Writings which are public records under subdivision (a) and which are distributed prior to commencement of a public meeting shall be made available for public inspection upon request prior to commencement of such meeting (c) Writings which are public records under subdivision (a) and which are distributed during a public meeting and prior to commencement of their discussion at such meeting shall be made available for public inspection prior to commencement of, and during, their discussion at such meeting (d) Writings which are public records under subdivision (a) and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practicable (e) Nothing in this section shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257 The writings described in subdivisions (b) , (c) , and (d) are subject to the requirements of the California Public Records Act (Chapter 3 5 (commencing with Section 6250) , Division 7, Title 1) , and subdivisions (b) , (c) , and (d) shall not be construed to exempt from public inspection any record covered by that act, or to limit the public' s right to inspect any record required to be disclosed by that act This section shall not be construed to be applicable to any writings solely because they are properly discussed in a closed session of a legislative body of the local agency Nothing in this chapter shall be construed to require a legislative body or a local agency to place any paid advertisement or any other paid notice in any publication (f) "Writing" for purposes of this section means "writing" as defined under Section 6252 Section 54957 6 CLOSED SESSIONS RECORDING EMPLOYMENT COMPENSATION (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency' s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency' s designated representatives Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings 1/20/93 ATTYMISC29 sg -15- (b) In addition to the closed sessions authorized by subdivision (a) , the legislative body, as defined by Sections 54952, 54952 2, 54952 3, and 54952 5, of a public agency, as defined by subdivision (c) of Section 3501, may hold closed sessions with its designated representatives on mandatory subjects within the scope of representation of its represented employees, as determined pursuant to Section 3504 Section 54957 7 STATEMENT OF REASONS FOR CLOSED SESSIONS Prior to or after holding any closed session, the legislative body of the local agency shall state the general reason or reasons for the closed session, and may cite the statutory authority, including the specific section and subdivision, or other legal authority under which the session is being held In the closed session, the legislative body may consider only those matters covered in its statement In the case of special, adjourned, and continued meetings, the statement shall be made as part of the notice provided for the special adjourned, or continued meeting Nothing in this section shall require or authorize the giving of names or other information which would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session Section 54957 8 CLOSED SESSIONS OF A MULTIJURISDICTIONAL DRUG LAW ENFORCEMENT AGENCY Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional drug law enforcement agency, or an advisory body of a multijurisdictional drug law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional drug law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases "Multijurisdictional drug law enforcement agency, " for purposes of this section, means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, which provides drug law enforcement services for the parties to the joint powers agreement The Legislature finds and declares that this section is within the public interest, in that its provisions are necessary to prevent the impairment of ongoing law enforcement investigations, to protect witnesses and informants, and to permit the discussion of effective courses of action in particular cases Section 54957 9 AUTHORIZATION TO CLEAR ROOM WHERE WILLFUL INTERRUPTIONS In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session Only matters appearing on the agenda may be considered in such a session Representatives of the press or other news media, except those participating in the disturbance, 1/20/93 ATTYMISC29 sg -16- 1 shall be allowed to attend any session held pursuant to this section Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting Section 54958 APPLICATION OF CHAPTER. The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law Section 54959 ATTENDANCE IN VIOLATION A MISDEMEANOR. Each member of a legislative body who attends a meeting of such legislative body where action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor Section 54960 ACTION AGAINST VIOLATION OR THREATENED VIOLATIONS Any interested person may commence an action by mandamus injunction or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to actions or threatened future action of the legislative body Section 54960 1 JUDICIAL REVIEW (a) Any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954 2, 54954 6 or 54956 is null and void under this section Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section (b) Prior to any action being commenced pursuant to subdivision (a) , the interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954 2, 54954 6 or 54956 The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation The written demand shall be made within 30 days from the date the action was taken Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15-day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires Within 15 days of receipt of the written notice of the legislative body' s decision to cure or correct, the expiration of the 30-day period to cure or correct, or not to cure or correct, within 15 days of or within 75 days from the date the challenged action was taken, 1/20/93 ATTYMISC29 sg -17- whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action (c) An action taken that is alleged to have been taken in violation of Sections 54953, 54954 2, 54954 6, and 54956 and shall not be determined to be null and void if any of the following conditions exist (1) The action taken was in substantial compliance with Sections 54953, 54954 2, 54954 6, and 54956 (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidence of indebtedness or any contract, instrument, or agreement thereto (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid, upon which a party has, in good faith, detrimentally relied (4) The action taken was in connection with the collection of any tax (d) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954 2, 54954 6, or 54956 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice (e) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter Section 54960 5 COSTS AND ATTORNEY FEES. A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 or 54960 1 where it is found that a legislative body of the local agency has violated this chapter The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960 1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit 1/20/93 ATTYMISC29 sg -18- Section 54961 MEETING PLACES NON-DISCRIMINATORY No local agency shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, or the basis of race, religious creed, color, national origin, ancestry, or sex This section shall apply to every local agency as defined in Section 54951, 54951 1 or 54951 7 Section 54962 LIMITATION Except as expressly authorized by this chapter, or by Sections 32106 and 32155 of the Health and Safety Code as they apply to hospital districts, no closed session may be held by the legislative body of any local agency (NOTE This reprint of the Brown Act includes legislative changes made through December 31, 1992 including Stats 1991, Chapter 238 § 1, allowing for reimbursements to local agencies and school districts for costs, and Stats 1992, Chapter 1234, § 2 allowing public testimony regarding new or increased taxes of assessments Note also that there are two versions of § 54953 (teleconferencing) , one superceding the other on January 1, 1994 ) 1/20/93 ATTYMISC29 sg -19-