20130314_Presentation_Brown_ActOPEN MEETINGS LAW
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Presentation by:
Robert J. Tyson
Deputy City Attorney
BASIC RULE
"All meetings of the
legislative body of a
local agency shall be
open and ullc, and
all persons shall be
permitted to attend any
meeting of the
legislative body of a
local agency." Gov.
Code § 54953(a)
AVOID THE
HUB AND SPOKE SERIAL MEETING
flub 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.
,N
Avoid "Reply AW"' on e-mails!
1. a conference;
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 specific business that is
within the subject matter jurisdiction of the committee.
3
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NON- AGENDA ITEMS
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.
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
Make a brief announcement or report on activities
The committee, or a member, may direct staff to place a non -
agenda item on a future agenda
There are limited exceptlons for emergencies. Gov. Code § 54954.2(6)
IN SUMMARY
All substantive discussions of
committee business by committee
members should be conducted
during a public meeting
The committee should only
discuss and take action on items
properly noticed on the, agenda
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