THE RALPH M. BROWN ACT:

Transcription

1 Cunty Planning Cmmissin Retreat, Octber 2013 THE RALPH M. BROWN ACT: Califrnia s Open Meetings Law

2 Laws Gverning Public Office Brwn Act Plitical Refrm Act Incmpatible Offices Gvernment Cde 1090 Cmmn Law Dctrine f Bias Cnstitutinal Due Prcess Requirements

3 BROWN ACT: Backgrund Signed int law in 1953, incrprated int Califrnia Cnstitutin in 1994 by Prpsitin 59 Legislative bdies must deliberate and act n the public business penly All meetings Of a legislative bdy f a lcal agency Shall be pen and public Exceptins are few& narrwly cnstrued

4 BROWN ACT: Prhibits Illegal Meetings A majrity f the members f a legislative bdy shall nt, utside a meeting..., use a series f cmmunicatins f any kind, directly r thrugh intermediaries, t discuss, deliberate, rtake actin n any item f business that is within the subject matter jurisdictin f the legislative bdy.

5 WHAT IS A LEGISLATIVE BODY? Any cmmissin, cmmittee, bard, r ther bdy created by frmal act f a lcal agency Bth permanent and temprary Bth decisin-making and advisry Bth legislative and adjudicatry

6 WHAT IS A MEETING? When a majrity f the members; Are present at the same time and place; T hear, discuss, deliberate, r take actin ; On any item within the subject-matter jurisdictin f the legislative bdy

7 Dn t frget abut DUE PROCESS As a quasi-judicial bdy whse decisins may affect the prtected interests f individuals, cmmissiners must enter hearings as neutral decisin-makers The Brwn Act represents a minimum standard that must be met The CPC must alsadhere t the requirements f prcedural due prcess

8 AVOID SERIAL MEETINGS Individual cmmunicatins can becme invalid serial meetings in tw ways: Chain: Cmmissiner A cntacts Cmmissiner B, and Cmmissiner B cntacts Cmmissiner C; thus invlving a qurum. Hub & Spke: Cmmissiner A r an intermediary cntacts Cmmissiners B and C, sharing infrmatin between Cmmissiners.

9 WHAT IS NOTA MEETING? When certain requirements met and limits bserved: Cnferences r similar gatherings Cmmunity frums Meeting f anther legislative bdy Purely scial r ceremnial ccasin

10 NOT A MEETING: Cnferences A majrity f members may attend cnferences r similar gatherings if: Open t the public and publicized Subject matter is f general public interest Discussin amng members nly as part f scheduled prgram DUE PROCESS!

11 NOT A MEETING: Cmmunity Frums A majrity f members may attend cmmunity frums if: Open t the public and publicized Subject matter is f lcal cmmunity cncern Discussin amng members nly as part f scheduled prgram DUE PROCESS!

12 NOT A MEETING: Anther Legislative Bdy A majrity f members may attend a meeting f anther legislative bdy if: Meeting is pen and nticed Discussin amng members nly as part f scheduled meeting DUE PROCESS!

13 NOT A MEETING: Purely Ceremnial/Scial A majrity f members may attend a purely ceremnial r scial ccasin if: There is NO DISCUSSION f business within the subjectmatter jurisdictin f the bdy DUE PROCESS!

14 Avid even the appearance f imprpriety REMEMBER: If a majrity f the Cmmissin have individual meetings with a persn abut business r a majrity appears tgether at a scial event -- even if yu can explain that yu acted legally, it may lklike the Cmmissin held serial meetings, reached a cllective decisin, and vilated the Brwn Act.

15 OPEN AND PUBLIC: Rights f the Public Right t addressthe Cmmissin n each item f business n the agenda Right t cmment nany ther matter f public interest s lng as the item is within the subject matter jurisdictin f the bdy Right t criticizethe Cunty s plicies, prcedures, prgrams, r services Right t inspect/btainagendas and any ther nn-exempt writings made available t a majrity f members at the meeting Right t attendmeetings withut registering name r prviding ther infrmatin Right t recrdprceedings with camera, audi r visual recrder, unless persistently disruptive

16 OPEN AND PUBLIC: Agenda Materials Agenda Must be psted at least 72 hurs ahead f meeting Must prvide a brief general descriptin f each item With limited exceptins, nly business that is n the agenda may be discussed r acted upn Materials distributed t the Cmmissin Must be made available t the public withut delay Are public recrds, except fr privileged dcuments (such as attrney/client cmmunicatin)

17 OPEN AND PUBLIC: Accessibility All meetings must be accessible per Americans with Disabilities Act Agendas must state hw t request reasnable accmmdatins t allw participatin Agendas must be made available in alternative frmat upn request

18 OPEN AND PUBLIC: Telecnferencing CPC may meet by telecnference, thrugh audi r vide r bth, fr all purpses, if: Each lcatin identified in agenda and agenda psted at each lcatin Public must be able t attend all lcatins At least a qurum f members participate frm withinthe Cunty jurisdictin All vtes are taken by rll call Public rights prtected at each lcatin

19 BROWN ACT: RULES OF ORDER Chair has pwer t maintain rder: Manage the Planning Cmmissin s business under Santa Barbara Cunty Planning Cmmissin Prcedures Manual Enfrce reasnable time and manner restrictins n public speakers

20 BROWN ACT: Penalties Civil Remedies Injunctive, mandatry r declaratry relief Illegal meetings may be enjined by the curt Sme actins, if nt cured, may be declared vid Attrneys fees Criminal Penalties Misdemeanrt attend a meeting where actin is taken actin in vilatin f Act and where the member intendedt deprive public f infrmatin

21 REMEMBER All meetingsf a legislative bdyf a lcal agency shall be pen and public Brwn Act is liberally read t prmte pen public access Presumptin is in favr f public access Exceptins are few& narrwly cnstrued CPC must als cnfrm t prcedural due prcess Enter hearings as neutral decisin-makers