106City Of Anaheim Administrative Regulation
CHAPTER 1 - ADMINISTRATIVE
Subject Agenda -Related Items Made A.R. 106
Available to the Public - Issue Date: April 2. 2008
All City Legislative Bodies Page (1) of (2)
(Government Code §54957.5)
Purpose:
The purpose of this Administrative Regulation is to establish procedures to conform with
added regulations to Section 54957.5 of the Government Code (portion of the Ralph M.
Brown Act) as it relates to requirements concerning the distribution of written, non -
confidential information to a legislative body of a local agency [including all city
councils, boards and commissions ("legislative body")].
This administrative regulation shall apply to all city departments which distribute any
writings related to an agenda item for open session and distributed to a majority of the
legislative body less than 72 hours prior to a public meeting (i.e. generally after the
distribution of materials included in the agenda packet). This regulation does not apply
to records exempt from disclosure under the California Public Records Act. "Exempt
writings" are writings exempt from public disclosure under Government Code Section
6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16 or 6254.22.
Government Code Section 54957.5 was amended (effective July 1, 2008, Senate Bill
343) to add additional requirements to the Brown Act as a way to promote greater
transparency in government by setting forth the following:
1. Requires any writings related to an agenda item for open session and distributed
to a majority of the body less than 72 hours prior to a meeting (other than an
"exempt writing"), must be made available for public inspection, "without delay",
at the same time it is distributed to the members of the legislative body.
2. The local agency shall designate the location of the public office or location of
where such written information shall be available and shall list the address of the
location on the agendas for all meetings of the legislative body.
3. The local agency may post the writing on the website in a position and manner
that makes it clear that the writing relates to an agenda item for an upcoming
meeting.
City of Anaheim Administrative Regulation 106
Page (2) of (2)
Procedures:
City Council, Boards and Commissions:
1. On the front page of the legislative body meeting agenda, either in text or as a
footnote, the following statement must be added:
"Any writings or documents provided to a majority of the (name of
legislative/advisory body) regarding any item on this agenda (other than
writings legally exempt from public disclosure) will be made available for public
inspection in the (office or department) located at (address) during regular
business hours (optional: and on the city's website: www.anaheim.net).
2. A binder (or folder), separate from any holding of published agenda items, must
be placed at the designated location stated on the meeting agenda. The
binder/folder label shall read "Agenda -related writings provided to a majority
of (name of legislative body) after distribution of this agenda. (If the writings
are also posted on a department's website, it must be positioned in a manner that
makes it clear that the writing relates to an agenda item for an upcoming
meeting.) Writings received after the agenda packet has been distributed must be
date -stamped prior to placement in the binder/folder.
3. To ensure compliance with the Brown Act, all written materials or documents,
including emails from city staff and members of the public, prepared for
distribution to a majority of the legislative body less than 72 hours prior to or at
the meeting (other than exempt writings), shall be provided to the City Clerk (City
Council agenda items) or designated city department liaison (Boards and
Commissions agenda items) for distribution to the legislative body and inclusion
in the agenda -related binder (15 copies recommended).
4. Writings distributed to the legislative body by a member of the public must be
kept on file as part of the record and, upon request, made available for inspection
by the City Clerk or department, without delay.
Photocopying charges would apply for any public request of agenda -related materials.
Responsibility:
It is the responsibility of the Department Head to designate and advise the liaison for
related Boards and Commissions and carry out the regulations set forth herein.