In my job as a County Supervisor,
I serve on many committees. A few of them operate under the “Brown Act.” The intention of the Brown Act is for the public to
be able to witness and participate in the decision making process of their government. The
Act governs open meetings for local public boards, agencies and councils. This would
include the county Board of Supervisors, city councils, school districts, special district
boards and any commission, committee or task force formally created by a legislative body.
It does not include private non-profits such as Rotary, Lions Club or the Friends of the
Library.
Meetings under the Brown Act are a getting together of a majority of
members of the public board or council at the same time and place to hear, discuss or make
a decision on a matter that is under their jurisdiction. A social party or dinner that is
attended by a majority of members does not qualify as a meeting as long as the members do
not discuss business. A majority of members can even attend a conference or open meeting
of another public body if they remain observers or do not discuss among themselves a
matter under their jurisdiction. The rule does not apply to less than a quorum of members.
The general rule is not to develop a mutual agreement of a majority
of members on a matter unless it is during an open public process. This means that a
majority of members cannot e-mail each other, telephone each other in a daisy chain, hold
a non-public retreat or meet over lunch to agree to vote a certain way or to make a
certain decision. It also means that a third party can’t make a link among a majority
of members so that the members know how each other will vote. (This has been termed the
“hub and spoke” meeting.)
Meetings under the Brown Act must be open to the public, accessible,
without conditions on the public for attendance and may be recorded by an audio or video
tape as long as the process does not persistently disrupt the proceedings. The exception
are “closed sessions,” which are not open to the public but are limited to
specific discussions about confidential issues like litigation, real property
negotiations, labor negotiations and personnel. Any action taken on a closed session issue
must be ‘reported out” after the session.
There are also posting requirements for Brown Act meeting agendas to
ensure that the public is notified about meetings. A “regular meeting,” where
the time and place has been regularly established, requires 72 hour posting of an agenda.
It must include the date, time and location of the meeting. The agenda also includes a
general description of each item to be discussed. (Generally, no action or discussion may
occur on an item not on the agenda.) There must also be a scheduled opportunity for the
public to address the board, council, etc. However, no action may be taken on such an item
if it is not on the posted agenda. The Board may also reasonably regulate the amount of
time allowed for public input and limit individual speaker time.
If there is a need to take immediate action on an item and: (a) the
need came after the agenda had been posted and (b) an amended agenda could not be posted
within the 72 hour requirement, 2/3 of all the members or a unanimous vote of a quorum of
members in attendance at the regular meeting can vote to have it added to the agenda as an
“emergency item.”
There are also different rules for a “special meeting.”
This is usually held to discuss or decide on one particular item. It can be used to meet a
deadline that falls prior to the next regular meeting. It requires a 24 hour public
notice. In a disaster impairing public health and safety, an emergency meeting may be
called with an hours notice.
The Brown Act also specifies that agendas, meetings and writings
distributed at board, council or agency meetings become public records.
Hope to see you at the Fort Jones Christmas parade on December 11.
Later that Saturday from 6:30-8 p.m., a Family Christmas Party will be held at the
Greenview Grange. There will be caroling, sleigh rides, a puppet show, a free used toy
store and cider and cookies. Oh, and Santa will be on hand to meet the children. The event
is sponsored by Families Matter, 21st Century, Scott Valley Focus, Scott Valley Grange and
Even Start.
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