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Home My WebLink About8, Brown Act Trainingd °��. _ �l��lllllllll IIII�'lllll� U n d e rsta.,f M. Open and Public Ralph M. Brown 195 Photo courtesy The Modesto Bee if delegating of give the s rvants th d ide wha the people what is not the,m�,to kni California C- &G, F11 thorny, dG public fight to good or now end d fo,� xi Meetings Brown Act Definition: A meeting is a gathering of members to hear or discuss any item of distric rotential business. A meeting under the ave to include action. It can sirr� �� c information. 111 �yr>>>1� There are three types of meetings: E Regular - regularly scheduled formally set the time and plac their bylaws, by resolution or , ➢ Special — boa rd to meetings called I discuss a specific ➢ Emergency the Act, to — meetings h deal with emE Fe majority of Collective Briefings ➢ Collective briefings are not perm briefings involving the directors must be ope satisfy the notice and specified in the Act. j ➢A unilateral written legislative body such du advisory memora�' brown act. The m public record. to the pul Benda req ormm nicatio s an ),nrorrrr � does` not � M ie '0- and ements �o a fco' nal%or I at 'the r, More About Meetings ➢ The Board CAN NOT meet to discuss District meeting that the public has received proper agenda must be posted. Generally, Distri 0 for coffee or lunch to discuss Dist riJ ° e. meeting. Example: In 1968 the Sacrame the Sacramento County Board;! held a lunch gathering that in supervisors, the county coun e and representatives of a uni n underway against the coun fathering constituted a m etin� in violation of the act. ➢ If you type ""Brown Act engine you will get mai or potential violations., ➢ There are a few exce pti business not!,��ii x o Newspaper jf Supervisors t Ad d five count a variety of cl to discuss a str 'he c urt ruled i and ,the sung olatins" into exa p l es of n i me -own , outside of a meet fa ild sued 3use they r officer, iat was this wer t sea viola I Meeting Exceptions Conferences — It is okay not discuss District permissible to business if it is program and the to the public. More Exceptions Community Meetings — It is okay to attend community meetings together. For example, if there is a meeting to discuss building a new aquatic center in the District i okay if all District board members atte,��, ➢ Other Legislative Bodies — Fc """"e"xample a mPt , "Irng of the County Board of Supervisors r LAFCo. ➢ Social or Ceremonial Events There is nothi in the Act to prohibit directors from a n ing purely si I or ceremonial gathering. For x m le, funerals ddings, etc. The Bottom Line; With all o th se ex eptions, th and m t avoid talking about District bus Hess He th the e ent. The only time directors can discuss Dis riot B outsid a meeting is if the busines is art of the "other or izatio i agenda and the agenda as een properly poste For ex mple, if the Board of SNscuss ervis rs requested that the Di ict a their meeting toDi sss �nd th 0S ha properly posted notice,"'))))))) Special Meetings Conditions for a special meeting: ➢ Written notice must be delivered to each mem �� body and to each local newspaper of 9r �,� (]i�i��6'� M101 television station which has requested ch notice in wri The written notice must be delivered nd posted at IE prior to the special meeting in a site f eel accessible to notice must include the time and pla e of e meeting, description of all business to be tra sated r discussed The District cannot consider business that IS not notice. i ➢ Notice is required even if no, ction is taken at, the m pd radio or g. (§54956) 24 hours public. Th a brief i4956) ng. in th As with regular meetings, 11111019 mus low for a public comment period (§5495 ��i��`'�'��"'�"� Emergency Meetings ➢ Extremely rare ➢ Only call an emergency meeting if th 11D1� emergency ➢ An emergency is defined as: • a crippling activity, work stoppage ��"other activity wl impairs public health, safety or bo . (§54956.5(a)(1) Example: a well that is critical to th i trict's water sul ➢ Generally emergency meeti s an not incl! sessions (§54956.5) ■ Exception: If the District is m eti g wit law enforcE at least 2/3rds of the board d ter ines t t it is nece ➢ An one who has request" d otice f megfi cal ed one hour before a meeting ➢ In the event the phon are not wor\ing th requirement is waived severely is failing. closed t officials, and %ust e Emergency Meetings Cont. ➢ After an emergency meetin the minutes, a list of people who received notice, roll ca votes, and any action, taken must be posted y acc in a freNS4 location for at least 10 days. � In the case of a dire emerge y, the Distri ould only need to provide notice at or ar the time t notice is provided to the members of body. (§ 5 6.5(b).) ➢ Definition: A dire emergen s crippling c destruction, terrorist act, t re tened terr that poses peril so immed�at and significar requiring a legislative body t provide one - be ore holdingan emer enc meeti ma I 9 public health, safety, or both, as determine majority of the membe s of �Ihe legislative k (§ 54956.5(a)(2).) �m _.. Nwxuu IWIWIWIWIIWIWV ummuumuuda,.o,.... nwi ster, ms i t activity t at uviinotic� d"lbng the ly a y •��NNV�NI'��1 Subcommittees ➢ The Brown Act also applies to meetings of all: Standing committees — a continuing jurisdiction ov rgf(fg ff, §54952(b) For example: ,,,',, Advisory committees th � board and are not stands Advisory committees (regardless of the nu Exception: The Brown subcommittee that is m, directors, is an advisory committee committe, opic 3udgets, p sonnet, et include a a commit it ae standi er of directs act dpes not de ud of less pply t han a Jar, i s n ijority of s � comm"itt ajoh a stan s •r Serial Meetings Serial meetings occur wh a majority Ef the Directors have communi �t d about asue and have developed a cq�ll�ec �ve concnce. ➢ A collective concurrenc,6 i developed en: Directors have either irec ly or indirectly and each others opinion n a topic enough to collective) develop r vo a n n i �� agreement o a s J �N Ill 1 1 i �i� �� iii iiiiiiiiii uiii�iilllll IIIIIIIIII�IV�d��f� ��III Types of Serial Meetings ➢ A daisy chain meeting: ➢ Example: When director Bob calls dire about a new wind energy prr�, �,1�� a s director John to talk about"'f and final) r�°� n calls o�U y director Fred. A majority o :"the directors ve talked about the topic and a colt ive concurrE e has bee established. ➢ Hub and spoke meeting: � Example: For instance, f 'mpl yee Terri Is Director John and discusses an Disrict i sue to g is opinion with him then she calls director RoberFf alls;-' director Bill and then calIs'l directd� Tim t ng each what the other has aid, 0 majority of th Boar indirectly discusseh6 t pu not and is therefore in owl t. E-mail §5492.2(b): Except as authorized §54953, any use of dire ion, personal intermediaries, r technol ical devices that is employed y a maj of th members of the legislat' body to velop collective concurrence t action beta e on an item by the me ers of the islatie body is prohibited � The attorney general his Zssqed a opi %"on stating that this section of the ac pp The Attorney General's opinion regarding e-mail ➢ In 2001 the CA Attorney General issued an opinion regarding the use of email. (Opinion #00-906, 2001) p��pANNNNN��I��1��111�0��101��ll��llllllll�llllll�lllll�lllla�lllllllll�lll�lll��aaaaaaaQugpuu ➢ The opi n ion concluded: A majority o , u141 a � 01°11 public agency may not email each o°��er to develop concurrence as to action to be take °by the board the Ralph M. Brown Act. Even if the emails are made public'te would still k the Act because the board wouldel de riving the p deliberative process. ➢ The opinion also states, "The to m construed to connote 'not only, olle acquisition and exchange of facts pi decision. [Citation.]" (Rowen v, Sad (1981) 121 Cal.App.3 231, 34; s supra, 5 Cal .4th at p. 376.) ➢ You can find the opinion a http://ag.ca.gov/opinions/ s of a local a liective ✓� ut violating Jelib6 ation' has :tive disc ussi elimin y to t to Clara, Unified Rober s v, Cin fiolation of of the �h broad' e coll ctive to ►oo/ Dis Pa/md le, Meeting Agendas All meetings of the Board of Directors must have a •.' Meeting Agendas ➢ Requirements: Posting requirements —Agendas must be posted at le before the regular meeting in a location fre members of the public.,,,,,,,,,,�iimiiiiiiiiii�i��ll�lll Content requirements —The agenda hould contain rief general description of each item of business o be transacte discussed the meeting, including items to be s ussed in clos ssion. Agendas must have enough infor io to enable m general public to determine the en ral ature of su each agenda item to be discuss d. ➢ The 1994 revision specified that the brief escri y not exceed 20 words. ****The Board can not discuss or ake a 'tion on are item agenda. However, there can b res uetions other limited routine commen Adion rs of the matter 6 era I t is n the ;eptions. n The Three Action Exceptions ➢The three action exceptions are dis section 54954.2(b) of thquaglif-low#W1� ➢ They are: Emergency situations A need for immediate a Items posted on a �� A detailed discussion included in the next Action Exceptions Emergency Situations ➢ Action can be taken on an item that is no there is an emergency situation ➢ An Emergency situation exist: if the legisla, determines a work stoppage crippling disc activity severely impairs pub1ilc\health, safe ➢ This exception would generally o ly apply very rare occasions. ➢ An example might be if th Tr ckee River flo floods the District's offices an0 emerg ocy cone flood happened right bef re the regular, Board agenda had been poste and the GM or ",a Direi topic of the need for a erge re airs to the allowable for the boar, body r, or other )r both. e Distri Action Exceptions A Need For Immediate Action ➢ Action can be taken on an item that is not on the agenda if the Board determines by a 2/3 rds vote that there is a e IIIIII�IIIII�IIIIIIIIII�IIII��aaaaaaaappppgppp��u immediate action that cant reasonably w �I �I�11111J�j� meeting. (§54954.2(b)(2)) rii��i��l�l�� I ➢ exce Requirements to use this do f: 1� q p ➢ The issue must have come to � attention of Board aft r the agenda had been posted. ➢ The Board must openly disc s th issue durir he meeti g. ➢ Example- The day before the ist ict oard meet] a Director finds a grant opportunity that is t e pe fect matc o a Ion plannecl District project. The , ra t prop sal is NNI day after the regular meeting. Staff wit put in the extra e to co plete the proposal, however, it n eds tie approval of t Board to submit it. In this case the irect6r could bring th rop the meeting for the Direct rs to ote on wlhmether not P this opportunity. The vote ylati of the Bro Act. illll(Illlllllllllllllllllll��f� Action Exceptions The third action exception ➢The item appeared on and was continued frq not more than five day ➢Example: The Board resolution on a topic scheduled Board m� Directors agree to c on the topic at a to be held in two a previo Closed Sessions Without specific Act for a closed business must uthority` session, in th in grow trig' public Closed Session Requirements ➢ The Attorney General has stated, "If a specific statuto exception authorizinn a closed session cannot b fo �i IIII�� a�aaa�aaaaaaaaaa�uu matter must be conducted in public re) sensitivity." (§ 54962 [of CA go , ,, �� f �� e wen v. Santa Clara Unified School Disc (1981) 121 C .App.3d 231, 234; 68 Ops.Cal.Atty.Gen. 34, 4 0�' 42 (1985).) n Items to be discussed in closed agenda an must be orally ann u�ic session. The agenda must inclu e the brief description. It is a good id a si Act that allows for the closed s ssi n. provides a model format for clo ed ➢ Meetings are either certain members of should include only staff required, legal matter, consultants, open or iose(: the public and District irectc counse, a su a la bo dfil ilia t�� -)ions must k d before go reason for tr _e the sectior ction 549.1 session aae The District can exclude others. ( rs plus any additil ervisor involved ii in the into close osed and khe Brow, I of the Act More Closed Session Requirements �� Decisions reached in closed session discussed in public imme session. ➢ Public comment on clos ➢ In their guide to the 6i office has stated, ""it w bodies to afford the p on closed -session item adjournment into cl SE General's Office, pg. 1, Closed Sessions are allowed for; Personnel Including: v Employee appo ➢ Evaluation of empl ➢ Employee discipli ➢Complaints agai Closed Sessions are allowed for; Pending Litigation Including: Existing Litigation Threatened or i pated �L Potential LitigaFoNote: The Attorneeneal hag that the Distrmcts�' lawyer mu present duri 9 the closed SE (71 Ops.Ca 11 (1988).) ation tote be ionli� -10! Closed Sessions are allowed for. Real Estate Negotiations 54956/10NNU ,�,,, ➢ If you a � meeting W h your negotia r to discus he purcha �, sale, exc ge or le s of real ro erry. ➢ Befor oin into cla session the Dist ict ust is i negotia or (it,can b omealne , fro th district), dE ribe he � proper and me e p th oti ng with. Closed Sessions are allowed for: Labor Nea# ➢Closed sessionc. are permitted f some aspects c labor negotiations. Closed Session Minute Book (§54957.2 (a)) ➢ The District may designate a clerk to take notes and enter' them into a minute book duri closed sessions. The minute book is not pub record and must be kept / confidential. ➢ The book is exempt from`pu is disclosure under the Ca Public Records Act in Chapter . 5 r starting with §6250 of ivisi n 7 of Title 1. E Adjournments and Continuances v§54955 of the Ac local agencies to any regular, adjo� regular, special o adjourned specia meeting to a time place specified ir order of adjournn More on Adjournments and Continuances ➢ If less than a quorum is present, present can adjourn the meeting. ➢ If no Directors are present, i legislative body stated time and create a written 0 may declare place. The c notice. The Act ives very specific of the a journment. §549.r-. or notice of adjournment on or near the door of th, adjourned regular, special was held within 24 hours adjournment". Location of Meetings With a few exceptions, meetings must be held wit District boundaries (§54954(b)). Tropical locations are mos likely not allowed for Distr meetings. ➢ A meeting may not be hel any facility that prohibits t admittance of any person the basis of race, religious creed, color, national origi ancestry, or sex; which is inaccessible to disabled persons; or where membE the public may not attend without making a paymen purchase. The Location Exceptions Meetings can be held outside District boundaries for the following reasons: To comply with state or federal I ial or administrative proceeding to wh the agency is party. §54954(b)(1) r To inspect real property that ca I of be easily bi District boundaries. The meetin '154954(b)(2) cussion is lin property the District is inspecti,� To participate as a body in a another jurisdiction also part the meeting must take place agencies involved in the mee If an agency does not ha meet in the closest facilit if the office is located oui §54954(b)(4) Muilti-agency meetii cip ting 'n the meet wi hin the boundari a f 'ci I ity within its be or a the princi,�ounda al offic ide t e district ht within th to the Id in / j. However, 0 one of ,the daries, it can Df the district Location Exceptions Continued To meet with elected or a local meeting would be e To meet at or nearby a facility outside district boundaries, if to items related directly to th� ➢ To visit the office of the Di session on pending litigatio fees or costs. §54954(b)(7 Finally, if there is an em location unsafe, the me( designated by the presi the local media that h method of communicat or state offi I d5lC5l 4954(e) Teleconferences ➢ 54953(b)(1) permits the use of teleconfencing ➢ Requirements for teleconferinclude: ➢ Teleconferences must comply w h the rest of the ct ➢ All votes taken during a teleco a ence must be en by roll call. Agendas must be posted at III �le�nference to ins. � Each teleconference locatio�� m st b identified i agenda. ➢ Each teleconference location must be ccess% 4, public. ➢ At least a quorum of the oard must p rticipate m locations within the district bound ries. ➢ The p agenda must rove e for �ublic comment at ch(�� 9 teleconference locatio Disruptive Attendees q\\ The district MUST allow for negative public comment however, does address willful inter 'ptions of meetings. The Act states that the e tiers of the legislative body cop c ng the meeting may clear th r om nd continue the meeting. Hwev r, al press and other members oft e pubic who were not' of the"""",, interruption must be all wed to stay. 111111,11 Special Situations ➢The Brown Act also applies to corporation that both �� e member or councilme 'ber appc the agency to serve the corp board, and (ii) receiv'e unds fry district or city. / i board ted by tion"s the Penalties and Remedies ■ 1. Criminal Penalties . Misdemeanor for atten body at a meeting why violation of the Act a c deprive public of inf rr, ance by m r action is ;ember ir gat on. ber of a :en i n ids to / Civil Remedies 2. Civil Remedies Injunction, Mandamu prevent or stop violat violations Action to void past a or declara ins or thre � relief t ned Demand to Cure or Correct ■ Prior to bringing lawsuit the di' attorney or interested oref"If, u dmenad of the legisla "ve body t correct the alleged u , � wful acti . Demand must be • 30 days of open • 90 days of close rya e �ssion I' session ithin lake a ure or Cure or Correct • Agency has 30 days from rece N�N� pji J111111111��JJJJJJJ d e m a nd to cu re or co fff �-;oetlj ■ Party must commen days of notice to cui expiration of 30 dad U ction wi \not or respgnse p 15 yin do Cease and Desist Letter ■ New Requireme effective Januar nt — SB 1003 Section 54960.2 ■ Prior to filing lawsui violation, district at person must send;p and desist" letter/ More Cease and Desist • Clearly describes alleged violation. 0 past action Must be sent within alleged violation . Public agency days with an must u n co cease, desist from action. Attorney Fees . Plaintiff may receive attorney fees District, but not the B 1111111� . District may receive at rney fees and the action was frilous and � merit. • Court must award b letter is sent more of cease and desist. Plaiff if a c an 3:0\days of , 1t prevails �', out r�mitmeht rl receipt For more information rView the CA Attorney General'http://www.ag.ca.clov/pUN'l�j,""�'CiCfns/23 Intro rownAct.pdf rAttorney General's Opinion Regard the Us of email: http://aq.ca.gov/Qi)in'ons/publi � d/00- 906. pdf T7 \ rText of the Brown Act: http://www.leginfo.ca.gov c i- bin/waisgate?WAISdocID"6815592,,,,595+1 +0&WAISa ction = retrieve(71 ➢Ask your attorney!