the brown act & public records act roseanne chamberlain executive officer amador lafco
TRANSCRIPT
THE BROWN ACT&
PUBLIC RECORDS ACT
THE BROWN ACT&
PUBLIC RECORDS ACT
Roseanne ChamberlainExecutive OfficerAmador LAFCO
DISCLAIMER• I am not an attorney• Nothing in this presentation is intended as
legal advice• Information contained herein is designed
to increase your understanding and implementation of laws applicable to LAFCOs
• I hope there will be something useful for each participant in this session
Historical NotesHistorical Notes
1952 SF Chronicle Publishes Series: “Your Secret Government”
League of Cities Initiated Bill Carried by Modesto
Assemblyman Signed into Law in 1953
1952 SF Chronicle Publishes Series: “Your Secret Government”
League of Cities Initiated Bill Carried by Modesto
Assemblyman Signed into Law in 1953
Ralph M. Brown
THE BROWN ACT - PURPOSETHE BROWN ACT - PURPOSE
To ensure that almost all aspects of the decision-making process of legislative bodies of local agencies are conducted in public and open to public scrutiny, including discussion, debate, and acquisition of information
To ensure that almost all aspects of the decision-making process of legislative bodies of local agencies are conducted in public and open to public scrutiny, including discussion, debate, and acquisition of information
APPLICATION OF THE ACTAPPLICATION OF THE ACT
o Local Agencies
o Legislative Bodies
o Meetings/Decisions/Action Taken
o Persons elected to legislative bodies, even prior to assuming office
o Local Agencies
o Legislative Bodies
o Meetings/Decisions/Action Taken
o Persons elected to legislative bodies, even prior to assuming office
RIGHTS OF THE PUBLIC
• To know in advance the location and time of the meeting
• To Attend Meetings: “All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend..”
• To Address the Governing Body• To Record The Meeting
LEGISLATIVE BODIES DEFINED
LEGISLATIVE BODIES DEFINED
o Governing Body
o Board, Commission, Committee created by formal action of the Governing Body
o Private Board, LLC, or other entity that:
o Is created by the Governing Body or
oReceives funds and a designated member from the legislative body
o Governing Body
o Board, Commission, Committee created by formal action of the Governing Body
o Private Board, LLC, or other entity that:
o Is created by the Governing Body or
oReceives funds and a designated member from the legislative body
APPLICATION OF THE ACTAPPLICATION OF THE ACTThe Brown Act Does NOT Apply to:
o Individuals, or less than a quorum
o Advisory Committee of less than a quorum of the Governing Body (w/o continuing subject matter jurisdiction, such as an “ad hoc committee”)
o Attendance at a standing committee meeting (observation only)
o Attendance at open & noticed meetings of other local agencies
The Brown Act Does NOT Apply to:
o Individuals, or less than a quorum
o Advisory Committee of less than a quorum of the Governing Body (w/o continuing subject matter jurisdiction, such as an “ad hoc committee”)
o Attendance at a standing committee meeting (observation only)
o Attendance at open & noticed meetings of other local agencies
MEETINGS
Defined• Serial Meetings
– Spoke or Chain• Conversations and Email• No Collective Briefings• Retreats and Workshops• Teleconferencing (notice requirements)• Special Meetings
MEETINGS (Continued)MEETINGS (Continued)The Brown Act Does NOT Apply to:
o Attendance at conferences open to the public on issues of general interest to the public or public agencies
o Town meetings or similar gatherings which are open, noticed, and originated by a person or organization other than the local agency
o Purely social or ceremonial occasions
The Brown Act Does NOT Apply to:
o Attendance at conferences open to the public on issues of general interest to the public or public agencies
o Town meetings or similar gatherings which are open, noticed, and originated by a person or organization other than the local agency
o Purely social or ceremonial occasions
NOTICE OF MEETINGSNOTICE OF MEETINGS
Notice (Agenda)must give time, place, and brief general description of every item of business to be discussed or transacted, including closed session items
o Notice available in alternative ADA formats
o Instructions on how to get ADA assistance
Notice (Agenda)must give time, place, and brief general description of every item of business to be discussed or transacted, including closed session items
o Notice available in alternative ADA formats
o Instructions on how to get ADA assistance
POSTING & NOTICEPOSTING & NOTICE
o 72 hours before regular meeting
o 24 hours before special meeting with media notice
o Emergencies
o 72 hours before regular meeting
o 24 hours before special meeting with media notice
o Emergencies
NO ACTION ALLOWEDNO ACTION ALLOWED
No action OR DISCUSSION allowed for any item not listed on agenda except:
o Items added by 2/3 vote for emergency situation
o Items added by 2/3 vote because of need for immediate action
No action OR DISCUSSION allowed for any item not listed on agenda except:
o Items added by 2/3 vote for emergency situation
o Items added by 2/3 vote because of need for immediate action
NO ACTION ALLOWED (Continued)
NO ACTION ALLOWED (Continued)
No action OR DISCUSSION allowed for any item not listed on agenda except:
o Brief response to statement or question from the public
o Questions to staff for clarification of a matter based upon public comment
o Brief announcement or report on member’s or staff’s own activities
No action OR DISCUSSION allowed for any item not listed on agenda except:
o Brief response to statement or question from the public
o Questions to staff for clarification of a matter based upon public comment
o Brief announcement or report on member’s or staff’s own activities
NO ACTION ALLOWED (Continued)
NO ACTION ALLOWED (Continued)
No action OR DISCUSSION allowed for any item not listed on agenda except:
o Provide reference or information to staff
o Ask staff to report back at a future meeting on any matter
No action OR DISCUSSION allowed for any item not listed on agenda except:
o Provide reference or information to staff
o Ask staff to report back at a future meeting on any matter
OPPORTUNITY TO SPEAKOPPORTUNITY TO SPEAK
Every agenda must provide an opportunity for the public to speak:
o On items of interest to the public
o Before/during consideration of each agenda item
o On items not on the agenda (but within the jurisdiction of the agency)
Every agenda must provide an opportunity for the public to speak:
o On items of interest to the public
o Before/during consideration of each agenda item
o On items not on the agenda (but within the jurisdiction of the agency)
OPPORTUNITY TO SPEAKOPPORTUNITY TO SPEAK
The legislative body may:
o Adopt regulations limiting total amount of time for public testimony for certain issues and for each speaker
o Order the room to be cleared of persons interrupting the orderly conduct of the meeting
All who wish to do so, may speak on each agenda item, not necessarily each motion.
The legislative body may:
o Adopt regulations limiting total amount of time for public testimony for certain issues and for each speaker
o Order the room to be cleared of persons interrupting the orderly conduct of the meeting
All who wish to do so, may speak on each agenda item, not necessarily each motion.
CLOSED SESSIONS PERMITTEDCLOSED SESSIONS PERMITTED
Examples of exceptions to the public session requirement include:
o Real property transactions
o Pending litigation
o Personnel issues
Staff/advisors may be invited into closed session
If some member of the public is allowed, all members of the public must be allowed
Examples of exceptions to the public session requirement include:
o Real property transactions
o Pending litigation
o Personnel issues
Staff/advisors may be invited into closed session
If some member of the public is allowed, all members of the public must be allowed
CLOSED SESSION REPORTINGCLOSED SESSION REPORTING
Legislative body must publicly report on actions taken in closed session and the vote of every member
Legislative body must publicly report on actions taken in closed session and the vote of every member
CLOSED SESSION LEAKSCLOSED SESSION LEAKS
oConfidential information cannot be disclosed without consent
oConfidential information includes communications in closed session specifically related to the lawful basis for the closed session
THE PEOPLE DO NOT YIELD THEIR SOVEREIGNTY…
THE PEOPLE DO NOT YIELD THEIR SOVEREIGNTY…
…to the agencies which serve them. The people in delegating authority, do not give their public servants their right to decide what is good for the people to know and what is not good for the people to know. The people insist on remaining informed so that they retain control over the instruments they have created.”
…to the agencies which serve them. The people in delegating authority, do not give their public servants their right to decide what is good for the people to know and what is not good for the people to know. The people insist on remaining informed so that they retain control over the instruments they have created.”
THE PUBLIC RECORDS ACTTHE PUBLIC RECORDS ACTBasic Purpose – To Make
Government Documents Public Absent a Specific Justification To Withhold
Analogue of Brown Act For Documents
Right to Inspect and Copy
Basic Purpose – To Make Government Documents Public Absent a Specific Justification To Withhold
Analogue of Brown Act For Documents
Right to Inspect and Copy
PUBLIC RECORDSPUBLIC RECORDS
“Any Writing”
“Writing” Includes Paper, Electronic, Etc.
Disclosure of Information
Forms 700
New Financial Disclosure AB 745
“Any Writing”
“Writing” Includes Paper, Electronic, Etc.
Disclosure of Information
Forms 700
New Financial Disclosure AB 745
EXCEPTIONSEXCEPTIONS
Three Categories of RecordsEnumerated Exceptions6255 Balancing of Public InterestsOtherwise PrivilegedOther ExceptionsSegregate Non-Public Records
Three Categories of RecordsEnumerated Exceptions6255 Balancing of Public InterestsOtherwise PrivilegedOther ExceptionsSegregate Non-Public Records
REQUESTING RECORDSREQUESTING RECORDS
Oral or in Writing
Walk In
Refining Your Request
Oral or in Writing
Walk In
Refining Your Request
Sunshine WeekSunshine Week
National Initiative to Publicize Open Meeting and Records Laws
Third Week of MarchMedia and Citizen Groups, League of Women Voters
League Members and Students Sacramento Bee
National Initiative to Publicize Open Meeting and Records Laws
Third Week of MarchMedia and Citizen Groups, League of Women Voters
League Members and Students Sacramento Bee
THE AGENCY’S RESPONSETHE AGENCY’S RESPONSE
Must Respond Within 10 Days
Must Help Identify Responsive Documents
Must Provide In Requested Format
Must Respond Within 10 Days
Must Help Identify Responsive Documents
Must Provide In Requested Format
THE AGENCY’S RESPONSE (CON’T)THE AGENCY’S RESPONSE (CON’T)
May Charge for Direct CostsFor Electronic Documents, May
Charge for CompilingMust Explain In Writing Any
Withholding of DocumentsMust Redact Rather Than Withhold
May Charge for Direct CostsFor Electronic Documents, May
Charge for CompilingMust Explain In Writing Any
Withholding of DocumentsMust Redact Rather Than Withhold
LIMITATIONSLIMITATIONS
No Open-Ended RequestsNo Duty to Create Documents
No Open-Ended RequestsNo Duty to Create Documents
RESOURCES For More Information:
RESOURCES For More Information:
Open and Public IV; League of Cities (order on line)
Attorney General Web Site (http://www.ag.ca.gov/ publications/2003_Intro_BrownAct.pdf
Pocket Guide to Public Records Actwww.thefirstamemdment.org/publicrecordsact.pdf
CA Open Government Guide:www.rcfp.org/ogg/index.php?op=
browse&state=CA
Open and Public IV; League of Cities (order on line)
Attorney General Web Site (http://www.ag.ca.gov/ publications/2003_Intro_BrownAct.pdf
Pocket Guide to Public Records Actwww.thefirstamemdment.org/publicrecordsact.pdf
CA Open Government Guide:www.rcfp.org/ogg/index.php?op=
browse&state=CA