CAC 20121018_Presentation_Brown_Actm 0
mu a 10n o l
The Ralph M. Brown Act
Presentation by:
Robert J. Tyson
Deputy City Attorney
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""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." Gov.
Code § 54953(a)
Includes the City Council,
Planning Commission, and
other commissions and
committees of the City.
Includes " "all committees...
permanent or temporary,
decision - making or
advisory if they are
created by... ordinance,
resolution or formal
action." Gov. Code §
54952(b)
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Broad Definition "Meeting" includes any gathering
of a majority of the members of the committee to
hear, discuss, or deliberate upon any item which is
within its subject matter jurisdiction.
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AVOID THE
CHAIN SERIAL MEETING
• Chain: If member A contacts member B, and
B contacts member C, and C contacts
member D, and so on, until a quorum and
collective concurrence has been established,
this type of "serial meeting" violates the
Brown Act.
AVOID THE
HUB AND SPOKE SERIAL MEETING
. Hub and spoke: An intermediary, such as a
City staff member, contacts /is contacted by
at least a quorum of the members to
develop a collective concurrence on action
to be taken by the legislative body.
• Unilateral, advisory written
communication does not
violate the Brown Act.
- Avoid "Reply All"" on e-malls'.
2. an open and publicized meeting of another body of
the agency;
3. an open and publicized meeting of another
organization; or
4. a social or ceremonial occasion;
PROVIDED that a majority of the members do not discuss
amongst themselves business of a specific nature that is
within the subject matter jurisdiction of the committee.
m Individual contacts or conversations.
m Attendance by a majority of members at:
1. a conference;
AMMKIL
A written agenda must be prepared for each
regular or adjourned regular meeting of the
committee.
Each item to be discussed or business to be
transacted must be listed.
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The agenda must be posted at least 72 hours in
advance of the meeting to which it relates.
Action or discussion on any item not appearing on
the posted agenda is generally prohibited except
that members may briefly respond to statements
made or questions posed by the public, and may, ask
a question for clarification.
There are limited exceptions for emergencies Gov. Code .§' 54954.2(b)
Members may:
• Make a brief announcement or report on
activities
• Refer a member of the public to staff or other
resources for factual information
Request staff to report back to the legislative
body in a subsequent meeting
The committee, or a member, may direct staff to
place a non - agenda item on a future agenda.
t
. Members of the public cannot
be required to register, or
otherwise "fulfill any condition
precedent"" to attend or speak
at a meeting.
Cannot require a member of
the public to fill out a speaker
card or sign in prior to
speaking.
A regular meeting agenda must
allow an opportunity for members
of the public to speak on any item
of interest, so long as the item is
within the subject matter
jurisdiction of the committee.
The committee may adopt
reasonable regulations, including
time limits, on public comments.
[OKI '' I ''I"IF "L I Mil ;IMMIAM
. Expressions of support or opposition
to matters before the committee
(provided they are not overly
disruptive) constitute protected
speech.
The City cannot prohibit public
criticism of policies, procedures,
programs, or services of the City or
the omissions of the City itself.
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The exceptions to the Brown Act's
requirement that all meetings be
open are termed "closed sessions"
and include:
1. Personnel Matters
2. Litigation
3. Real Estate Negotiations
4. Labor Negotiations
5. License Applications of
Criminals
6. Security of Public Buildings/
Services
There Is No Anticipated Need For A Closed
Session Of This Committee
4 Q I "VIS UUMU
Civil Action by District Attorney or Any Interested Person
.Injunction: Stop or prevent violations of the Brown Act
(Gov. Code § 54960);
• Declaratory Relief: Judgment finding committee has
violated the Act (Gov. Code § 54960.1);
. Obtain costs &attorneys' fees (Gov. Code § 54960.5).
Misdemeanor Criminal Charges by District Attorney
Where action taken in violation of Brown Act
. Member intended to deprive the public of information
to which it is entitled (Gov. Code § 54959)
The committee should only
discuss and take action on items
properly noticed on the agenda