City Attorney’s Office THE RALPH M. BROWN ACT. City Attorney’s Office “Open and Public” Ralph M. Brown Act (Cal. Gov’t Code §§ 54950 et seq.) "All meetings.

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Presentation transcript:

City Attorney’s Office THE RALPH M. BROWN ACT

City Attorney’s Office “Open and Public” Ralph M. Brown Act (Cal. Gov’t Code §§ et seq.) "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.... 2

City Attorney’s Office Applies to “meeting” of “legislative bodies” The Redistricting Task Force was created by formal action of the City Council, and therefore is subject to the Brown Act Elements of a “meeting”:  A congregation of a majority of the members of the legislative body  At the same time and place  To hear, discuss or deliberate any item  Within the subject matter jurisdiction of the legislative body 3

City Attorney’s Office Illegal “serial meetings” What is an illegal serial meeting?  Any direct or indirect communication employed by a majority of members  To discuss or deliberate as to action to be taken 4

City Attorney’s Office Illegal “Serial Meetings” 5 Types of serial meetings: --Hub and spoke --Telephone or chain Individual briefings are permitted

City Attorney’s Office Meeting Exceptions When is a meeting not a “meeting?”  Individual contacts  Conferences and seminars  Community meetings  Another body of the agency  Social or ceremonial events  Ad hoc committee meetings 6

City Attorney’s Office Regular Meetings and Agendas Agenda must contain a brief description of item of business, and allow for public comment on matters not on the agenda If the item is not on the agenda, discussion is strictly limited:  Brief response to questions from public  Seek clarification on an issue from staff  Make brief announcements/reports  Request future reports from staff  Direct staff to place items on future agenda 7