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CAC 20121018_Presentation_Brown_Actm 0 mu a 10n o l The Ralph M. Brown Act Presentation by: Robert J. Tyson Deputy City Attorney ■ WN-R I a W; ""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) il 1 11 1 IWO 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. Nw o .............. ... liql III 2=1111 a 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. 0 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. C � 1 [ i �y � � � T �Xy [ i I ► �� 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