HomeMy WebLinkAboutAgenda Packet 1994/03/29
"1 declare under penalty of perJury that I arlt
employed by the City of Chula Vista in the Council Conference Room
Tuesday, March 29, 1994 Office of the City Clerk and t¡'¡1t I posted
5:00p.m. this Agenda/llotiee on the Bulletin Board at Administration Building
the Public ervi s Building an at it all 0
DATE ,.3 ;< L. :i ~l:íìl'f& .~ V"-.
CALL TO ORDER
1. ROLL CALL: Councilmembers Fox _, Horton _, Moore _, Rindone _, and
Mayor Nader _.
BUSINESS
2. RESOLUTION 17426 APPROVING FIRST AMENDMENT TO AGREEMENT WITH REMY
AND THOMAS FOR LITIGATION REPRESENTATION SERVICES -
When the City of Chula Vista and County of San Diego approved the final
version of the Otay Ranch Project, part of the approval was an indemnification
agreement by Otay Vista Associates indemnifying the City and the County in the
event of an attack on the project approval. On 12/1/93, Chaparral Greens and
Daniel Tarr sued the City, the County, and Baldwin alleging inadequacies in the
final program ErR and/or violations of CEQA. On 1/4/94, Council ratified a
three-party agreement whereby Remy & Thomas (Tina Thomas, Esq.) would
represent the City pursuant to that indemnification agreement, at Otay Vista's
expense. Staff recommends approval of the resolution. (Assistant City Attorney
Rudolf) Continued from the meeting of 3/22/94.
3. REPORT THE BROWN ACT AND RECENT CHANGES TO IT - During this last
legislative session, several amendments were made to the Brown Act. Such
changes make it appropriate to revisit the rights and obligations contained in the
Brown Act, and the effect of the recent changes to it. Staff recommends
Council consider and discuss the Brown Act and its recent changes. (City
Attorney)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is !1J!1 an item on this agenda. (State law, however, generaUy prohibits the City
Councilfrom taking action on any issues not lacluded on the posted agenda.) Jfyou wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on April 5, 1994 at 4:00 p.m. in the City Council
Chambers.
· · · COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT · · ·
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodation to access, attend, and/or participate in a City meeting, activity, or service request
such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041. California Relay Service is
available for the hearing impaired.
Notice is hereby given that the City Council oj the City oj Chula Vista has called and will convene a Special
Meeting/Worksession oj the City Council on Tuesday, March 29, 1994 at 5:00 p.m. in the Council ConJerence
Room, Administration Building, 276 Fourth Avenue, Chula Vista, CA.
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COUNCIL AGENDA STATEMENT .:¿
Item
Keeting Date J -..z9ß(
ITEM TITLE: Resolution J 'l'l~(, Approving First Amendment to
Agreement with Remy and Thomas for Litigation
Representation Services
SUBKITTBD BY: ~ssistant city Attorney Rudolf
./5tha Vote: Yes_No-1L
When the City of Chula Vista and county of San Diego approved the
final version of the Otay Ranch Project, part of the approval was
an indemnification agreement by OtayVista Associates, indemnifying
the City and the County in the event of an attack on the project
approval. On December 1, 1993, Chaparral Greens and Daniel Tarr
sued the City and the County and Baldwin, alleging inadequacies in
the final program EIR and/or violations of CEQA. Council, by
Resolution No. 17547 on January 4, 1994, ratified a Three-Party
Agreement whereby Remy and Thomas (Tina Thomas, Esq.) would
represent the City pursuant to that indemnification agreement, at
otay Vista's expense.
.-
Approval of the resolution and agreement will authorize Tina Thomas.
of Remy and Thomas to continue to represent the City in that
litigation at Otay Vista's (Baldwin's) expense.
RECOMMENDATION: Approve the attached resolution approving the
First Amendment to the City's Agreement with Remy and Thomas for
legal representation in the Chaparral Greens litigation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
Approval of the resolution will increase the maximum compensation
set forth in the Agreement from $75,000 to $160,000, and clarify
the payment schedule for these services. It will allow continued
representation of the City by Tina Thomas of Remy and Thomas, the
attorney who has provided advice with regard to compliance with
CEQA and the adequacy of the EIR throughout the entire planning
process. Both the city and the County are named as Real Parties in
Interest in the litigation, and the defendant is the Baldwin
Company, through its corporate entity, otay vista Associates.
FISCAL IKPACT: None, the agreement calls for all payments to be
made by the Baldwin Company and the establishment of a deposit
-. account so that the City has no funds exposed for payment of
attorney's fees in this matter.
M:\Ho..\Attorney\Chapparl
~c2-1
,
RESOLUTION NO. I?~.J."
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH REMY AND THOMAS FOR LITIGATION
REPRESENTATION SERVICES IN CONNECTION WITH THE
CHAPARRAL GREENS LAWSUIT, AND AUTHORIZING
MAYOR TO EXECUTE SAME
WHEREAS, the City, by Resolution No. 17347, on
January 4, 1994, approved an Agreement with Remy and Thomas for
Litigation Representation Services in connection with the Chaparral
Greens lawsuit; and,
WHEREAS, it is necessary to amend said Agreement to
increase the total amount of Agreement from $75,000 to $160,000;
and,
WHEREAS, Otay vista Associates is required by an
Indemnity Agreement to defend, indemnify and hold harmless the city
regarding any litigation arising from city's approval of the otay
Ranch Project, including payment for legal counsel to represent
city in such litigation.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the First Amendment to
Agreement with Remy and Thomas for Litigation Representation
Services in connection with the Chaparral Greens lawsuit, a copy of
which is on file in the office of the City Clerk as Document
No. (to be completed by the city Clerk in the final
document).
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the City of Chula Vista.
Presented and Approved as to form by
Attorney
(M:\Ho.e\Attorney\Reay.R.8)
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.
FIRST AMENDMENT TO AGREEMENT WITH
REMY AND THOMAS FOR
LITIGATION REPRESENTATION SERVICES
WHEREAS, the city of Chula Vista, by Resolution 17347 on
January 4, 1994, approved an Agreement to proviØe for litigation
representation services in connection with the Chaparral Greens
lawsuit; and
WHEREAS, since that time, it has become apparent that
litigation expenses will be higher than originally anticipated; and
WHEREAS, otay Vista Associates (Baldwin) is responsible
for and aqrees to pay all costs involved in defending the
litigation asa result of the Indemnification Agreement approved by
the council as part of the final approval of the otay Ranch
project.
NOW, THEREFORE, the parties hereto agree as follows:
1. That Paragraph 2.b.iv be ..ended to change the amount
of $75,000 to $160,000 to read as follows: .
"iv. Consultant shall not incur costs or billings which,
in total, exceed One Hundred Sixty Thousand Dollars
($160,000.00) without further written approval of the
city."
2. That Paragraph 3.a. be amended to change the method
of payment to read ~s follows:
a. Developer shall compensate City for all services
rendered by Consultant pursuant to this Agreement. Developer shall
not make any payments of compensation or otherwise directly to
Consultant. Developer shall promptly review all invoices upon
receipt from city, and notify city in writing of any items objected
to within ten (10) days of receipt. Disputed items shall be
resolved by city within fifteen (15) days of receipt of written
objection. Developer shall pay to city the following amounts at
the following times:
March 25, 1994: $21,000
April 25, U94: $21,000
May 25, 1994: $21,000
and at least two-thirds (2/3) of-all fees for services for the
months of february U94, and each month thereafter, prior to trial,
plus one hundred percent (lOOt) of all reimbursable costs, until
all services are paid in full; provided that, in any event, all
services and costs are paid in full prior to the date set for the
hearing on the merits in the Chaparral Greens case; or, in
accordance with the security deposit provisions followinq. Upon
payment to City, city shall promptly, not later than fifteen (15)
1
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- day a . 'from ~.ce1pt. of payment ~ro. Developer, pay the count
received, 1:9 Consultant.
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'" 3. All other t.en. and concUUons not lIodl~ied by th18
_or 1'1r.1: Amenc1unt to Agr...ent .ull remain in ~ull force and e:treot.
o
'-- D WITNESS WHEREoF, Cit.y, ColUlultant and Developer have
exeçutecl 1:hb Agreement thi. day of Karcb, 1194.
CITr 07 CBULA VISTA OTAY VIS~A ASSOCIATES
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
COUNCIL INFORMATION
DATE: March 29, 1994
TO: The Honorable Mayor and city council
John D. Goss, City Manager
FROM: ~. Richard Rudolf, Assistant City Attorney
SUBJECT: Remy and Thomas Contract Amendment
Tonight's agenda item with regard to the Remy and Thomas contract
for litigation services to defend the City in the Chaparral Greens
v. Baldwin. Countv of San Dieqo. Citv of Chula vista lawsuit over
the Otay Ranch ErR is to increase the contract limit from $75,000
to $165,000. Council will recall that expenditures of up to
$115,000 were approved so that the "confidentiality log" with
regard to city documents withheld by the City was completed and
otherwise confidential documents did not have to be disclosed
because of failure to complete the log.
Tonight's proposal will further increase that contract maximum, at
Baldwin's request and with Baldwin's approval, to allow Remy and
Thomas to continue to represent the City in the litigation.
There is a substantial likelihood that opposing counsel will
generate additional discovery in the case, requiring services by
outside counsel on behalf of the City, as well as preparation of
the points and authorities and other documents necessary for the
City's main presentation in the hearing on the merits of the
petition, when that occurs. We are hoping for a July 1994 trial
date, but Petitioners are seeking a November 1994 trial date. We
hope the court will resolve the dispute with regard to the
preparation of the administrative record, and set a date for
hearing on the merits at the Status Conference set for Monday,
March 28, 1994. We will provide you with an oral update at
Tuesday's meeting, if there are any developments worthy of
reporting to you at that time.
DRR:clb
cc: Rob Cameron, Baldwin Co.
Tina Thomas, Remy and Thomas
(Memo\ Chapgrns)
rJ.- 7
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691·5037
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Council Agenda statement
Item No. 3
Meeting Date: March 29, J.994
Item Title: Report: The Brown Act and recent changes to it.
Submitted by: Bruce M. Boogaard, City AttorneY~
Agenda Classification: ( ) Consent
( ) Action Item
( ) Public Hearing
( X) other: Workshop Discussion
4/5ths Vote: ( ) Yes (X) No
During this last legislative session, several amendments
were made to the Brown Act. Such changes make it appropriate to
revisit the rights and obligations contained in the Brown Act,
and the effect of the recent changes to it.
Recommendation:
Consider and discuss the Brown Act and its recent changes.
Boards and Commissions Recommendation:
Not Applicable
Discussion:
The Brown Act has been amended, effective April J., J.994, to
impose new requirements relative to the conduct of meetings. The
purpose of our workshop will be to reacquaint you with the
existing and prospective obligations of the Brown Act, and permit
you to identify "danger zones".
The "support industry" to City Attorneys has responded to
the new amendments by providing many resource materials to help
educated the city Attorneys and elected officials. It would be
of little utility to put in this report a mere restatement of the
good training materials, so I have decided to select the two most
informative pieces--a question and answer paper put out under
League of California sponsorship (Exhibit A) and the actual law,
marked to show the changes (Exhibit C), more particularly
identified as follows:
Exhibit A: "Questions and Answers on the New Brown Act: A
Brief Guide through the J.993 Amendments to California's Open
J.
.3 -/
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Meeting Law, by Ariel Pierre Calonne, City Attorney, city of
Palo Alto, a paper sponsored by the League of California
Cities, which does a very good job explaining the changes.
Exhibit c: "The 1994 Brown Act" marked for changes from the
preexisting law, prepared by Best, Best & Krieger, a
prominent municipal law firm.
Sandwiched between them is Exhibit B--a workshop-type
document which is especially prepared to put the new law on the
left side of the paper and have a place for your comments and my
comments on the right side of the paper.
Proposed Workshop Aqenda
Because I am not sure as to time constraints, I would like
to use the following agenda for the workshop.
1- Consider the consequences of violations of the
Brown Act.
2. Discuss the changes that will have the most
significant impact on our City Council first.
3. Reacquaint you with the purposes of the Brown Act,
and the basic rights and duties created by the Brown
Act, including the amendments.
4. Time permitting, walk through the entire Brown Act
highlighting danger zones, ambiguities, etc.
5. Focus on the permitted exceptions to the open
meeting duty--i.e., permissible Closed Sessions.
Consequences of violations
If a violation of the Brown Act occurs, depending on the
type of violation and magnitude, the following consequences can
result:
1- Misdemeanor. If an illegal meeting occurs, and
action is taken, each member attending with the
wrongful intent to deprive the public of information to
which it is entitled, could be guilty of a
misdemeanor. 1
1- See Section 54959. Penalty for unlawful meeting, which
provides:
"Each member of a legislative body who attends a meeting of
( continued. . . )
2
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2. civil Action.2 Any interested person3 may bring
an action to determine that you have violated or
threatened a violation of the act, and if grounds
exist, to issue an order preventing any prospective
violations4 and tape record closed sessions.
3. Invalidate your action. Any interested person can
bring an action to declare that action taken at an
illegal meeting is invalid, and have it set aside if
they first submit a demand on the City to cure the
illegal meeting, exceptS
a. Substantial compliance.
b. Injured innocent third parties.
c. Fiscal security of the city.
d. Complainant had actual notice of the meeting.
e. Subsequently cured before trial.
4. Attorney's fees, and Costs. The City, not an
individual councilperson, may be liable for the
plaintiff's attorneys fees; and the bad faith
complainant may be liable to the City for attorney's
fees and costs.
Please note that the Brown Act does not specify that you
would lose office if a violation occurred.
Important Chanaes in Order of Sianificance
Every city Attorney has their own opinion of the signifi-
cance of the proposed changes, and that opinion is based in large
part on how each city conducts their own business. Our city
already demonstrates great respect for the principles of the
Brown Act, and so we already comply with most of the changes.
L ( . . . continued)
that legislative body where action is taken in violation of
any provision of this chapter, with wrongful intent to
deprive the public of information to which it is entitled
under this chapter, is gµilty of a misdemeanor."
2. See Section 54960.
3. It doesn't have to be a resident.
4. Such orders are enforceable by contempt citations, a quasi-
criminal proceeding which can result in incarceration or fines.
5. See 54960.L
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The following are the most significant, in my opinion, to our
city:
1- Closed Sessions. The single most significant group of
changes involves how the, City Council may goes into and out
of closed sessions. These are outlined in the attached
papers, and I will go into depth during the workshop on
these items.
2. Applicability to newly elected councilpersons. Council-
elects are now a prohibited discussee under the seriatim
meeting rule.
3. Consequences of Violations. These are discussed above.
The most interesting is the mental state required to support
a criminal conviction. The mental state required to
establish a misdemeanor violation was: "Knowledge of the
illegality of the meeting." That generally required the
participant to be a lawyer before a criminal conviction
would lie. It has been slackened so that convictions would
be easier: "(wrongful) intent to deprive the public of
information to which they are entitled."
Purposes and Public Riqhts created bv the Brown Act
Public Observability of Information and Deliberations.
The General Philosophy: ' Except in certain limited
circumstances (closed sessions), the public has the right to
observe, and record, the information you get and to observe your
deliberations and discussions with regard to the public's
business. It's ostensible purpose is to protect against abuse of
power by local officials.
The Public's Rights.
The following is something of an oversimplification of the
rights of the public created by the Brown Act. The actual,
technical rights and duties will be explained when we "walk
through" the provisions of the Act.
The public has the right to know when and where you are
meeting, and to require, except as necessary, that you meet
regularly at the same place and time to discuss the city's
business, and to require, except as necessary, that the
place be local to the territory of the City.
They have the right to anonymously observe thè information
you observe in making your decisions, and to anonymously
observe you receiving that information as a group and making
those decisions as a group.
4
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They have the right to observe our recordings of your
meeting activity, and to record for themselves your meeting
activity and to broadcast your meeting activity live.
They have the right to communicate with you before you make
a final decision, and they have the right to criticize you
publicly during that communication.
They have the right to know that you are legitimately going
into permitted closed sessions, and to provide as much
information as possible to document, on the public agenda,
that the reason for the ~losed session is legitimate.
Under reasonable suspicion that an error is occurring, they
have the right to have a Court review your determination of
propriety of closed sessions.
This is clearly an oversimplification to give you the spirit
of the Brown Act. It will help you identify issues and concerns.
The exceptions to the general rules will be discussed during the
"walk through".
ÆXIIISlr$ ð - (! NtJr S~ItAJNE6
5
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From the Office of the City Attorney
City of Chula Vista
Memorandum
Date: March 29, 1994
From: Bruce M. Boogaard, City Attorney
To: Honorable Mayor and Councilmembers
Re: Brown Act Workshop Working Papers
I would like to use the following topics to conduct the workshop review of the Brown Act:
1. Public's Rights re Open Meetings.
2. The New Meeting Definition, and its Consequences
3. Things We Will Have to Do Differently
4. Certain Idiosyncracies of Specific Closed Session Exceptions,
1. Real Property Negotiations
2. Individual Employee Closed Sessions
3. Litigation Based Closed Sessions
I. Public's Right to Open Meetings.
The following is something of an oversimplification of the rights of the public created
by the Brown Act written in a way to give you the spirit of the Act. The actual, technical rights
and duties will be explained when we "walk through" the provisions of the Act.
The public has the right, except in emergencies,Y to knowY when and where you are
meeting1/, and what you are going to be discussing in sufficient detail at least to acquaint
1. Public has no right to advance posted notice of emergencies meetings, except for notification
of the press requesting notice, and then only if the telephone lines are working. See 54956.5.
2. See 54954.1 for right to mailed notice of regular and special meetings upon request and
payment of fees. See 54954.2 for 72 hours advance posted notice of agenda items at regular
meetings. See 54956 for right to 24 hours advance posted notice of special meetings,
3. For time and place of regular meetings, see 54954. For right to posted notice of time and
(continued...)
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them with the subject matter,~' and to require, except as necessary~, that you meet
regularly at the same place and time to discuss the city's business§', and to require,
except as necessary, that the place be local to the territory of the City,1'
They have the right to anonymously!' observe, except in certain circumstances, the
information you observe in making your decisions,2I and to anonymously observe you
receiving verbalw information as a group, and to observell' you publicly making
decisions1Y as a group, except in cases where disclosure to the public would put the City
to a disadvantage in transacting businesslll.
They have the right to communicate with you before you make a fmal decision,!!! and
they have the right to criticize you publicly during that communication..w
3. (...continued)
place of special and emergency meetings, see 54956, and 54956.5, respectively, For location
of meetings, see 54954.
4. See 54954.2: Agendas of regular meetings and calls of special and emergency meetings must
contain a brief general description of each item of business to be transacted or discussed.
5. Special meetings and emergency meetings. 54956 and 54956.5.
6. 54954 (a) and (b).
7. 54954 (b) and Charter.
8. 54953.3--City can't require an attendee to give his name, and must advise them of that on
sign up lists,
9. City-generated discussion documents, unless they are protected from disclosure, are to be
made available for public inspection and especially upon request without delay. (54957.5)
10. See the new "hear or discuss" definition of a meeting (54954.2).
11. 54953 (a), Right to attend is the right to observe.
12. 54953 (c). No secret votes. See also 54954.2: No action or discussion may be undertaken
on any item not appearing on the posted agenda.
13. Various exceptions permitting closed sessions. See 54962--closed sessions not allowed
except as provided in the Brown Act.
14. See 54954.3: We must provide an opportunity for the public to directly address the Council
on any item of interest before or during the Council's consideration of the item.
15. See 54954.3 (c). Right to criticize the policies, procedures, programs or services of the
City or the acts or omission of the City Council. Personal attacks don't have to be tolerated.
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They have the right to know that you are legitimately going into permitted closed
sessions, and to be provided information to document the limitations on the closed
session discussion .1&/
They have the right to observe our recordings of your meeting activity,11.1 and to record
for themselves your meeting activity to the point of persistent disruption,!!! and to
broadcast your meeting activity live up to the point of persistent disruption.W
Under reasonable suspicion that an error is occurring, they have the right to have a Court
review your determination of propriety of closed sessions.W
16. See 54954.2--the agenda must describe items to be discussed in closed session.
17. See 54953.5(b)--at least for 30 days. .
18. 54953.5(a).
19. 54953.6.
20. 54960(b).
Page 3
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II, New Meeting Definition (54952.2, page 3 of Exhibit B)
A. "Three Persons Present" Meetings:
1. Progressive stages to meeting.
a. "hearing information" v. " discussing information" v.
"interdeliberating" .
2. Safe Harbor: Be careful when three of you have gathered not to hear City
business.
B. "Two Persons Present" Meetings ("Standing Subcommittee Rule") (54952.2):
1. Advisory committees have always been independent "legislative bodies".
2. It was believed that a subcommittee meeting of two or less were legal,
3. Now, a standing subcommittee is an independent legislative body "regardless
of composition, "
a. One person subcommittee could be a legislative body but they could
not get in trouble unless he or she talks to him or herself.
b. Two person standing subcommittees are not legislative bodies if they
have:
(1) continuing subject matter jurisdiction.
(2) regular meeting schedules
4. General Rule: All the "public's rights" attach to activity of that legislative
body.
a. They can not congregate in the same time or place to hear the business
of the subcommittee, and they can't call each other directly or through the
use of a personal intermediary, except at a duly called and noticed
meeting of the subcommittee. (54952.2)
C. "Seriatim" Meetings: Any communication employed by a majority to develop a
collective concurrence" is a meeting.
1. Quantity: The communications must be between at least three persons.
2. Mental State: "Intent to develop concurrence" v. "attempt to develop
concurrence" v. "development of concurrence."
3. Personal Intermediary Rule.
Risk: Unbeknownst to you, a communication to you could be by a personal
intermediary at the behest of another councilperson. If three persons
communicate with intent to develop a collective concurrence, or develop a
collective concurrence as to how to act, you have a meeting. (54952,2, page 3
of Exhibit B).
Page 4
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Mitigate Risks by Safe Harbor Procedures:
General Safe Harbor procedures: When someone approaches you about City
business outside the context of a public meeting, your antenna should go up.
Questions to ask:
a. Have you talked to any other Councilperson about this matter yet?
b. Are you talking to me on behalf of any other Councilperson?
"Safe Harbor" things not to ask:
c, What does Councilperson X think about the issue?
d. How does Counci1person X intend to vote on the issue?
e. How are the others leaning?
D. Exceptions:.
1. Right of the public to contact you.
2. Conference and Seminars open to the general public.
3. Community meetings organized by non-City forces.
4. Purely social occasions,
-") Page 5
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III, Things that will be different at meetings:
A. Council comments. 54954.2 (page 9) requires a brief general description of each
item to be transacted or discussed! Now, you may only ask clarifying questions, make a referral
for factual information, or ask for a report,
1. We may want a general standing section called "Schedule of meetings", other
than in the City Manager's report.
B. The City Manager's Report should contain a more specific description of things
intended to be discussed. (54954.2)
C. City generated discussion documents given to the three of the Council must be made
available to the public. (54957.5)
D. Closed Session Descriptions (54954,2 and 54954.5) will appear in more detail on the
agenda.
E. Pre-closed session announcements: The Mayor or City Attorney must report which
items listed on the agenda are intended for discussion in closed session. If any are to be
removed from closed session, that must be announced. (54957.7)
F. Post-Closed Session Reports (immediately following closed session):
We must reconvene publicly after closed session to give "Reports of Final Action Taken"
(54957.1 and 54957.7; pages 26 and 31).
1. Final Real Estate Agreement approvals:
a. Fact of approval
b. Closed session votes or abstentions
c. Substance of agreement
d. Copies of agreement to be provided on request.
2. Beginning Defensive Litigation Decisions.
a. Fact of approval to defend, appeal or amicus
b. Votes or abstentions,
c. Names of adverse parties, unless jeopardy
d. Substance of litigation, unless jeopardy
3. Beginning Aggressive Litigation Decisions.
a. Fact that direction to initiate was given.
b. Votes or abstentions.
c. Disclosure of adverse parties and substance will .be given on
request.
4. Final Litigation Concluding Decisions
a. Report acceptance of settlement offer.
b. Votes or abstentions.
'") Page 6
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c. Substance of settlement agreement.
d, Copies of Agreements to be provided on request.
5. Employment Decisions.
a. Action taken to appoint, employ, dismiss or accept resignation, or
olher employment status decision (subject to Skelly rights).
b. Title of position.
c. Changes in compensation,
d. Votes or abstention.
6. Labor Negotiations Agreements.
a. Fact of agreement reached.
b. Votes or abstentions.
c. Identify the items approved (substance of agreement).
d, Other party to negotiations.
e, Copies of Agreements to be provided on request.
G. Post-closed Session Adjournment.
We must reconvene in public session prior to "Adjournment". (54957.7) We can no
longer announce our adjournment before going into closed session, Do you want the television
crews to wait around? Its probably a good idea, but could be expensive, and is not legally
required,
H. Post Meeting Reports.
If the agreements of settlement, purchase or sale, MODS, etc" were not final at the time
a Council approves them in closed session because the other side has not accepted them, once
they become final, upon request the City must provide the above information. Such information
must be given on Labor Negotiations without request. Also such requests may come during
public meetings. I recommend that all required disclosures occur during the post-closed session
"Reports of Action Taken" section of the agenda.
1. Miscellaneous,
1. Saving Recordings.
All boards and commission tapes must remain available for public review and
inspection for at least 30 days after the meeting.
2. Frivolous Suits,
The City may be able to recover its attorney's fees and costs in Brown Act
litigation if the City can show the litigation was frivolous and without merit.
~-/d- Pé'.ge 7
_..____......_.·___....._.,...·'.__,·,__._..___.u·..___..___..___.__.__
IV. Specific Exceptions to Closed Sessions:
A. Real Estate Negotiations and the Big Bang Theory of Redevelopment (54956.8), page
21.
1. Closed sessions must be limited to price and terms of payment, not decisions
to buy or sell, .or develop, or granting of entitlement, etc.
2. Dilemma: Staff wants to keep you informed and you want to be kept
informed. But disclosure to public could be disclosure to parties to negotiations.
If they know its a close vote, they will drive up above market the sales price.
3. Solution: The Big Bang Theory of Redevelopment. Grant broad discretion
to the City Manager to develop and implement a DDA,
4. Describe other side's negotiators,
5. Describe whether price or terms of payment or both.
B. Individual Employment Decisions.
1. Must describe the position at issue.
2. For complaints or charges, the employee must be given 24 hours notice and
opportunity to have the discussion publicly.
C. Litigation Based Closed Session,
1. Pending Litigation exception "loosened". I had used the standard that there
had to be a threat oflitigation. Now there only has to be "exposure to litigation" ,
which I assume means "exposure to liability", if a likely plaintiff knew of all the
facts.
2. Verbal threats of litigation outside the context of a public meeting should be
documented in writing by staff contemporaneous to the threat. That writing will
become a public record unless it identifies a victim of alleged sexual conduct.
Page 8
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, . 0.
f / EXHIBIT A
:'i
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,
,
Questions and Answers on
the New Brown Act:
A Brief Guide
through the 1993 Amendments to
California's Open Meeting Law
by
Ariel Pierre Ca10nne
City Attorney, City of Palo Alto
Edited by
Michael JenJånJ, City Âttorney,
. Cities of Malibu, RolJjng KúJs and Wm Hollywood
111I4
Dϝel S. Hentschke, City Attorney,
Cities olOceœrside and SolœuI .Beach
February 1994
.
1 Tbe 1993 _CDdmeata to dœ BJ'OMI Act bad a _bel of -bi¡uities ud t,·"',,,ICIJ cmn. DeaD-up
"'cidAtI'JIIlw been iDtroc!uced to addn:u _ of tbeae ÌIIUeL 'I1ùs JUÏcIc aotea somc of dœ pIacea In
wbich c:IcaD-up ~¡id.t¡OD is apcctcd to help. a_,'" "'..p IeaÞlatlOD ... aot ... t""l'deð ..
.... pille _ ......... aað _ ...... . I................ tile .....latlft ... a {II. I'1atIoInMn,
dIere II a dIItIDct ........11 ... ...... .....,,"- .. 1IIt1_~ .adeð will alllnDatlftIJ ... .- of
, tile ~ .....Wla .... pille. QtIee "_lei ....tor tllelAape'e , "'.'-"ve ..,........ rar Jar......
aIIoat tile _teat aelltatal of........p .....,..... ael mIew....-I1IIh!u ........dla .... pille
. _ tile .....p IIP\atlOD ... ... '1""........
, Tbe dcaD-up "'cid.rinn is SB 752. Copica of SB 752 are available throu¡¡h CJTYLINK CII" from the Itatc biD
room (916/445-2323).
, .),
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Contents '.
;
Q\terview ......................................................... 1
Who is Covered by' the·BrOW'D Act ...................................... 4
Meetings .................... .... .. . . . .... . . . .. . . .. . . . . . . . . ... . . . . . 6
Oosed Sessions ................................................... 11
Agendas and Pu.blic Records ......................................... 13
Enforcement ..................................................... 15
Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . 16
......
The Leogue of Colifomia Cities expresses its deepest appreciation to the City of Palo Alto
and its city attorney, Mel Pierre Calonne for sharing this guide with city attorneys statewide.
The League also thanks its city attorneys department officers, particularly MichDellenlån.s
and Daniel S. Hentschke, for their contributions to this guide.
This guide contaW infonnation for city attorneys to use in alerting city officiDls 10 issues of
interest under the 1993 amendments to the Ralph M. Brown Act. This guide is for generøl
information only and is not intended as leg", advice. In the interest of clarity and brevity,
certain leg", or fadUal issues arising under the Brown Act may receive only a passing
reference or may be omitted altogether. Subtle variations in circumstances from case to case
can produce differing results under the law; usen of this guide are urged to always seek the
advice of their city attorney when confronted with leg", issues.
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Overview
.
,
What Û 1M a"....a Ad7 ,;
¡
,
The Brown Act is California's "sunshine" law for local government. In a nutshell, ,
f
it requires local government b11~iness to be conducted in open and public
meetings. The Brown Act is based upon state policy the people must be informed
so they can keep control over their government. In 1993. the legislature made .
sweeping changes to the Brown Act.
Jf7aøt Mn the bir cIuzntp i111œl ""'.r qJ"'nIlt,e x.r.rlota7
This guide explains the big changes. However, to summarize, the changes were as
fonows:
Who I. CoYerecI by the Brown Ad
. Council members-elec:t, i&. those who have not yet taken office, are now
·
subject to the Brown Act.
. Standing committees consisting solely of less than a quorum of a legislative
·
body must now comply fully with the Brown Act. .
· Private entities (including corporations) that are either created by the city
to exercise delegated authority, or funded by the city and whose governing .
body includes a member of the legislative body appointed by the legislative
body.
Meetings
· There is a new definition covering both lawful and unlawful "meetings"
under the Brown Act. Both traditional "face-to-face" meetings and
unlawful "serial" meetings are descn'bed.
· . There are new exemptions to the definition of "meeting" which allow a
majority of a legislative body to attend seminars or conferences, social
affairs, and certain community meetinp, so lðng as· city business is not
. discussed by the legislative body among themselves.
,
· All meetings must be held within the city,uniess one of a few strict
exemptions applies.
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Closed Sessions I
-
· Contracts, settlement agreements or other documents that are finally
approved or adopted in closed session must be provided at the time the
closed session ends to any person who bas made a request in a specified
manner.
· The procedural rules for litigation dosed sessions are dramatic:a11y
different. .
· The law is far more specific as to wben there. is ·significant exposure· to
litigation for the purposes of a dosed session. .
· Personnel and labor negotiation dosed sessions bave new limitations on
wbat kinds of financial or budgetary information can be discussed.
· Closed session business must now be descn'bed on the agenda. There is
also a new ·safe barbor" against certain legal challenges if the city uses a
prescribed format for dosed session agenda items.
· City councils must reconvene the public meeting after a dosed
session under all circumstances, and dosed session actions and votes
must be reported publicly at that time in many circumstances.
A¡endas and Public Records
.
· Discussion of non-agendized matters is now expressly probibited, but
counc:il members (and members of other covered bodies) are allowed to
respond briefly to public comments, refer matters to staff, ask questions for
darific:ation or scbedule matters for future agendas.
· Clarifying questions, references to staff for factual information, or agenda
scheduling matters need not be agendized.
· There are new rules for adding non-agendized matters to a meeting.
· Special meeting notices whicb propose action on an item must indude an
opportunity for the public to address the legislative body on the item
before action is taken.
· 'Ib,e sÞingent notice requirements for imposing neW or increased general
taxes or assessments have been darified, and the mr'.Anl"g of "new
.s....ssments· bas been darified to exdude recurring assessments.
· Tapes and films of meetings must be available for public inspection for at
least 30 days.
2
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· · Doaunents given to a majority of the council or commk~\on by anyone are ¡
. public records and must be made available in connection with the meeting
for which they are distn'buted. ;
Eal'Ol'œlDeøt
. i
· It DO lonser takes "knowled¡e" of the illepl conduct to be convicted of a ¡
, ~
, criminA) Brown Act violation; instead, "wron¡ful intent" to hide public
. information is required. ...
,
, .
· · Courts can now order tape recording of dosed sessiODS if a past violation is ·
· proven.
· intereSted persoDS or the district attorney now have 90 days, instead of 30
days, to decide whether to sue for violatioDS outside of an open meeting.
;
WIIm do lhea.......ikt duI1t¡ a IP inID ef/«:l't .
"
The legislahÌre reco8"'i""'d the 1993 amendments would take some extra time to
, put in place. With one exception, the effective date of the chan¡es was delayed . :
until April 1. 1994. In addition, Senator Kopp has introduced 5B 752 as a dean-
up bill to address several minor errors and discrepancies in the new Brown Act.
5B 752 was introduced as urgency legislation, so the changes it makes will become
effective at some point during 1994.' .
.
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Who is Covered by the BroWn Act .~
.
,
,
.,
What i.r ø "..'n#ive body?" .
i
"Legislative bodies" are the basic local government WlÎt subject to the Brown Act. ,
."
In an effort to simplify things, the new Brown Act consolidated and clarified a
confusing series of statutes, court cases, and Attorney General's opinions that ,
defined 'egislative body" under the old law. The new law is important to elected ..
and appointed policy makers because legislative bodies must fonow all of the t
Brown Act's rules. ,
What 1WØ the biøat t:IuJn&e ba this tftØ of the 1øw1 -
The Brown Act was expanded to cover so-c:alled "standing committees," even if
they consist of less than a quorum of the council or other legislative body. This
means many existing subcommittees that bave operated informally will now need
to allow public participation in order to fonow the Brown Act's rules. Some
COUIMon examples include city finance, budget, or simn,r policy committees that
have either some "continuing subject matter jurisdiction" or a meeting schedule
fixed by formal action of the legislative body.
Doa the 1eSf-tluDa-ø-quorum ~ still Disl1
Yes. The law does not apply to all ~ committees that are less than a quorum of
the legislative body, provided they are composed solely of members of the
legislative body.
. How doa the new 1øw define ~ conrnriItea?"
Awkwardly at beSL Standing committees are discussed as an exception to an
exception, i&. standing committees are an exception to the less-tban-a-quorum
exception. As noted above, there are two ways an advisory committee can be
deemed a standing committee:
. H it has some "continuing subject matter jurisdiction," and
. . H it has a meeting schedule fixed by a city charter, ordinance,
resolution or other "formal action."
.
.
4
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The new law seems to be sayin¡ only ad ~ limited purpose subcommittees of
. less than a quorum can operate without Brown Act compliance. As! œ
committees would generally serve only a limited or single purpose; they are not
perpetual and they are dissolved when their specific task is completed. Standing
. committees, on the other hand, exist to make routine and regular .
. recommendations on it specific subject matter; they survive resolution of any one
issue or matter, and are a regular part of the governmental structure.
I
These guidelines should help you decide what is or is DOt a standing committee.
But the language is brand new, and it will need to be Interpreted by the Attorney
General and the courts before we know definitively what it means. ,
..w tMre III&' t1Iher Iånd.r D/ dIy enIidÐ dull tile CtWfII'efl by tile All..... kl'1
Definitely. While some of this is not new, it bears iepeating that aD1 formally
created board or comm1cdon is subJect.to the Brown Act, regardless whether it is
permanent or temporary, or whether it is merely advisory. The only dear
exception is the less-tban-a-quorum exception discussed above. Boards of multi-
agency bodies, such as Joint powers authority boards; are covered as well.
..w III&' privøIe enIidÐ CtWfII'efl'1
They can be. The governing body of a private corporation or entity is covered if
either of the following applies:
. . The private entity is created by the elected legislative body to
exercise lawfully delegated authority; or
. The private entity receives funds from the local agency and the .
private entity's governing body indudes a member of the legislative
body who was appointed by the legislative body.
In some cities, this QOuld even create Brown Act issues for entities that are
thought of as the icons of private enterprise, U. the local chamber of commerce.
.
S
. ¡
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M~etings
Do I have lID be CJDnCt!I'IJØl øbout the ,." del""'· of wIuII con...·..·Q ø m«tÏnB'I -
Yes. The most common potential Brown Act violation Is tbè unlawful meeting.
And, the law puts you personally at risk of c:rimlnlll prosecution in some
årc:wÍIStances if you attend an unlawful meeting.
Dot:.øat city 8û1// have the røpor&Sibility to make 6II1e OUT 0t1II1Idl fINl comml.ølon w-4i... 1ft
Iqøl'l
Yes. But the Brown Act defines "meeting" in very technical way. Really the term
"meeting" descn'bes the kinds of situations that can be unlawful meetings. While
you should feel assured that city staff will take care of Brown Act notice, agenda
and other requirements for normal meetings in your chambers, you should be able
to recognize and avoid those less obvious situations that are unlawful, when your
staff and city attorney may not be present.
,
Gnrøt, doa dull metI1I I have to bt!t:ome ø ,." a:pt!11 to ptoI«t mpelf'/
No. One of the good things the 1993 Brown Act amendments did was to add a
pretty clear definition of the term "meeting." Secondly, you must have wron&ful .
Intent to be proven guilty of a Brown Act violation. Although this intent standard
Is a change 'from the old law that required actual knowledge the meeting was
illegal, getting legal advice from your city attorney will greatly reduce the risk of
prosecution in most instances.
otøy, wIu1I is ø ~7"
Basically, there are just two situations that can result in a meeting. Both require
the involvement of a majority of the legislative body. Let's look at them both.
The first situation Is best described as the "face-to-face" meeting. The new Brown
Act defines it as follows:
. A majority gathering in the same time and place to hear, discuss or
deh'berate upon anything that Is within the subject matter jurisdiction of the
legislative body or city.
Normal council or comml~ion meetings come under the face·ta-face category.
These meetings are unlawful if the notice, agenda, and other procedural rules of
the Brown Act are not followed. In short, if you are talking about city business
face-to-face with a majority of the legislative body present, the Brown Act's rules
must be followed.
6
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The second situation descn'bed in the Brown Act is one you've probably heard
: about from your city attorney or the League of California Oties. This is the 10-
caned ".rial· meeting (or seriatim if you prefer spea1ñ11g in Latin). The new
Brown Act descn'bes it as fonows:
¡.
'. . A majority that uses any direct communication, personal intermediaries, or .
. technologic:al devices to develop collective concurrence on action to be
taken.
. ..'
An example of a serial meeting would be a majority telephone discussion of city
business to develop a conective concurrence on action to be taken, regardless
whether the majority was all involved at the same time, for ......"'Ple, a IerieI of ..
telephone c:a1ls. Another example would be using a city staff member or
constituent to do the same thing.
In other words, any means of communication between a inajority to develop
collective concurrence on action to be taken fits the definition. Serial meedn¡s
are by definition unlawful because there is no way to properly notice and agendize
· them, or to provide for public participation, under the Brown Act (and pending
, dean-up legislation will expressly prolu'bit serial meedn¡s). The majority
discussion needn't happen all at the same time, nor in the same place. .
Whøt doa the tÐm "I«hno1ogicø1 deviœs"1JIIØI in the .w ........ tII.finJtion'l
Just about anything yoU can think of. While "technologic:al" certainly includes
phones, faxes, computer e-~ public access cable 1V and video, even . chisel
and stone tåblet would be "technological devices" if they're used to pass notes
between a majority for the purpose of developing a collective concurrence on
'action to be taken. In short, don't be misled into thin1ñ11g "tel'hnologic:al devices"
is a limitation; U111"~nc of communication can be employed to violate the
Brown Act. - .
Whøt if 1 just Mmt to ør:Iu1ntIe iIf/omuIIioII with ø co1I~'~ tIT receive lttfû... """"a from 6IlIJf,
without trying to ~ ørI,)' city fkriän.t'l -
There is DO clear answer to that question-yet. Under the old law, the Attomey
General took the position "mere acquisition of information" by . majority could
· result in a Brown Act violation.
'.
· Although the new Brown Act seems to forbid only the development of "collective
concurrence," there is a poS51'bility the courts might interpret the law to include
other situations, including the mere acquisition of information, in the meeting
definition. A few city attorneys take the position a one-on-one briefing of .
: qi1òrum by a staff member, even if solely to provide information, is an UD1awful
serial meeting. The Attorney General bas not yet addressed the new language.
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We believe the better view to be staff briefings of a quorum arc a permissible and
perhaps csscnûal part of doing the public's business-infonnaûon, as opposed to
posiûons or decisions, must flow freely to elected and appointed officials if good
public decision making is to occur. On the other band, decision m..1ring, or the
development of collective concurrence through individual briefings, must be
carefully avoided in aD)' private setûng.
May t:It1IIIIdl ~'F1Iies or the penoIIIIlllllZ/1 rqrat!IIlaIiva of ø IJUO"I"I of the t:It1IIIIdl mæt 10
di city businøf7
V',ft'
No. If the depuûes or staff arc mccûng to assist their council members form a
posiûon on city issues, they arc "intermediarlcs" under the serial mccûng
definiûon.
If two memben of ø ive-member t:It1IIIIdl 1ft di...'ftbrr city businøf ill ø mæting wit1a the city
. ØIQIU.I8Ø' ønd ø busineø 0IIInÐ' or raidmI, CØII ø thitrl member s1J ill the mom if he or. tlœs 110I
partidpaIe ill the fli....·-l"'t7
No. A quorom would be "bearing" a discussion of city business. No excepûon
applies just because the meeûng is private. On the other band, it is not dear
whether mere attendance (without parûcipaûon) of a third council member at a
noûced, open and public standing committee mccûng somehow converts the
mccûng into an unlawful council meeûng.
Cøn IItI1Ic 10 COItSIiIuÐrIs or peDJJk wit1a "",..:..- bt!ftn the city who Iuwe ølso .IpOån 10 ø
llUljoriJy of my œUt'lglÆf7
Yes. So long as they arc not being used to develop a collective concurrence,
individual contacts or œnversaûons between a member of the legislative, body and
any other person arc now clearly'exempt from the definiûon of "meeting." There
may be other ex parte communication rcstrictions on matters like land use
hearings, however, so it is best to consult with your city attorney on specific issues.
-
Cøn ø møjorily fII/ÐII1 ~elrœs or ~ like , ..... of CII1ifomIIl Cilia ~7
Yes. Attendance by a majority of , the legislative body at conferences or seminars
on issues of intercst to the general public or the city is permitted, so long as the
program is open to the public and a majority docs not "discuss among themselves"
business of a specific nature that is within the subject matter jurisdiction of the
city.
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What does wtlis'c'ft tIIIIOftI themsdvaw ml!tllJ1
We're DOt sure. The phrase was probably intended to prevent private discussions
. by a quorum at an otherwise public event, for example, a tlte-tJ·tlte in the comer
of a room during a seminar out of public earshot. On the other band, unill the
pending dean-up legislation is finAII,Þ-d, there is a small chance the phrase could
be interpreted to bar even open ~mmentàry on city business. for example. from
the podium or dais.
How will we If!If'IØI'Iber this requimnenI tit ....". tIIIIl M!I'fIintn1
At League programs, you will find a reminder right in the program materials.
Call ø møjorily of the ".1ntive body ølllill41féi&hbothoo4 rrtcJÏ¡reJ1
Yes in some limited circumstances. The new Brown Act bas an exemption
allowing attendance by a majority at meetings ol'gl'ni,ed by persons or
ol'gl'niutions other than the dty to address .a topic or Ioca1 CODUDWt)' CODcerD, so
long as a majority does not discuss among themselves business of a specific nature
that is within the subject matter jurisdiction of the dty. But the exemption
requires the meeting to be ·open and publicized." We really have no idea what
the term "publicized" will be interpreted to mean by the courts or Attorney
General.
Despite this exemption, attendance at such a meeting poses some a small risk if a
quorum actiyely partidpate in the meeting, even if they are not conferring strictly
among themselves, at least until the clean-up legislation is fin..li'ed. And
functions like homeowners' association meetings, wbich are not open to the
public, cannot be attended by a majority of the legislative body.
b IÐI ei«;1l""l tJebntl! øI whida ø flIU1I1I1'Iu po n tXNf!I'«l by the .BIown.At:t1
Probably not. It is likely election debates are not covered as meetings because
they are open and publicized, and do not involve deliberations by the council. On
the other hand, conceivably a collective concurrence could be developed as a
result of the discussion of specific business by the council members present. A
very cautious approach would be to adjourn a council meeting to the debate, or to'
notice it as a special meeting.
Our dly tII/Ome ItIid ø møjorily of UI could øIIIiII4 privøIe pøttiA b tIuIl6li11 true1
Yes. . So long as a majority does DOt discuss among themselves business of a
~c nature that is within the subject matter jurisdiction of the dty, attendance
at Parel1 social or cerelDODial OCCI'dons is not an unlawful meeting.
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Om we go on ø œøm-bui1din¡: 10:&-' 1JII''';'''f 1M city?
Probably not. The new Brown Act establishes a uniform rule for all dûes whic:h \
generally forbids meeûngs outside the city's boundaries. There are several
excepûons, including meeûngs with legislators to disc:uss legislaûve or regulatory
issues affec:ûng the city, meeÛDgs in city-owned fac:iliûes to disc:uss the fac:ility, and
joint meeûngs of mulû-agenc:y signific:ance. There are other excepûons, so consult .
with your city attorney if you have a spec:ific: proposal in mind.
"Team-building" is certainly an important part of developing the posiûve
interpersonal relaûons nec:essary for a public: body. However suc:h sessions are
probably part of the city's business, and hence a "meeting," pardc:ularly if the
session is paid for by the city.
The analysis may be different if the team-building program involves several ciûes,
---. as long as a majority of the body does not disc:uss among themselves business of a
specific nature that is within the subjec:t matter jurisdic:tion of the city. The
sessions must also be open to the public:. But again, consult with your city
attorney for her best advice.
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Closed Sessions
What II ø dM«I ~"
Oosed sessions are lawful meetings during which the public and press are
excluded. Sometimes people refer to closed sessions as -executive sessions,- a
holdover term from the Brown Act's early days. Oosed sessions can only be used
to discuss specified kinds of business. E""1TIp'es Include meetings to discuss
personnel evaluaûons or laborncgoûaûons, pending litigation, or real estate
Degotiaûons.
Om _ 0ØIIIlud c:Jord .."., IØI i.t.fuø II Just 100 poll';' ""{y ~ ID be t:JDtIIidøe4 ill publk7
No. Only the specific closed sessions identified In the Brown Act are permitted. .
Political sensitivity is Dot a lawful reason for closed session disc:ussÏons. .
Do _ 11IM ID NfXJIf publidy tift wlultwe did in .doIed .øon øn4 Iu1w - W1Iøl7
Yes in many circ:umstances. One of the big changes in the new Brown Act was to
turD around the old rule closed session actions and votes generally did DØt need to
be reported to the public. Now the general rule is the council must reconvene the
public meeting after a closed session and publicly report many closed session
actions and the vote taken on those actions. There are'limited exceptions for
certain kinds of litigation decisions, and to protect the victims of ~",I
misconduct' or child abuse. .
-
MurI _ Pelf "., doaønt:rItI..",..41'et1 ill doled -.vion7
Yes. Contracts, settlement agreements or other documents that were tIDally
approved or adopted in closed session must be provided at the time the closed
session ends to any person who bas made a standing request for all .
documentation in connection with a request for Dotice of meetings (typically
members of the media) and to any person who makes a request within 24 hours
. of the posting of the agenda.
MOJI of DIIT city\' dtJrd srftlWf$lIIM ID do with døinu or ~~ Did 1M rufes for Ihae
rJnou t:Iu:1n&e 100"
Yes. The law added detailed requirements desc:n'bing when litigation is
considered "pending" for the putposes of a closed session. These new .
requirements involve detailed factual determinAtions that will probably be made
in the first instance by your staff and åty attorney. . ;
.
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Our ciJy øttomey ¡"e¡N1J~ ø report in CIt1IfMCtion with eøch pending lidptiora cIo.red.-ion. .Ale ,
tIu!se rqxxt.r IIi11 required? ,
,
No. The åty attorney reports required since 1987 have been dropped. Your åty .
attorney or staff may still wish to document the reasons jusûfying closed sessions, ¡
4
; however, as wen as the factual årcumstances justifying non-disclosure of litigation J
dosed session actions. ,
:
~
.Are cIosetl ~"., /i-'.w..." confi¡/I:nJiIIl'l
Yes. Both the. new Brown Act and recent case law affirm the confidentiality of
åty attorney-client memos and discussions, as wen as the confidentiality of other
dosed session discussions. .
CørI _ di-'- the ciJy~ inøndøI "...~O't durinB pt!nOIIIId_,,,-O't or labor hoe -dptl"., chrt!d
M!&.fIoru'l .
-
Maybe. . Most elected offiåals would feel irresponsible if the åty's finances were
not considered in some way during closed session discussions to authorize labor
negotiators or to evaluate the performance of speåfic employees. The new
Brown Act, however, clearly forbids personnel evaluation or labor negotiation
closed session discussions of the åty's "available funds, funding priorities or
budget." On the other hand, the new Brown Act appears (and pending dean-up
legislation dearly supports this view) to allow discussion and establishment of
individual salaries during a personnel evaluation dosed session.
Until furthér guidance comes from the Attorney General or the courts, your
speåfic rights and responsibilities in this area are too ambiguous for general
advice in this type of guide. In other words, your own åty attorney gets to answer.
this partic:u1ar question.
Do chrt!d --0"'1 rtUlttets IuJve to be tlactibed on the public ø¡pula? .
Yes. The new Brown Act clearly requires closed session business to be descn"bed
on the public agenda. And, there Is a "bonus· of sorts for using prescribed
language to descn"be litigation closed sessions in that certain types of legal
challenges are precluded.
This so-called "safe harbor" wiD probably encourage many åties to use a very .
similar agenda format. Cosed sessions may be started in a location different
from the usuai meeting place as long as the location Is noted on the agenda and
the public can be present when the meeting first begins. Moreover, it Is advisable
to allow an opportunity for public comment before consideration of closed session
matters. ¡
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¡ Agendas and Public Records
Can H rq10Nl to memben of 1M JIIb1ic 1Mo .tpeøk to 110ft . .I:."id ÛIIII:I tlu1in& 1M orøl
. c:ommunicøtiotu ..,w, of our IrkdÌì .,
....
Yes. While' the new Brown Act saYs no action or disc:ussion is allowed on non-
agendizcd matters, it now authorizes members of the legislative body to brleD)'
respond to statements made or questions posed by members of the public.
Responses are not required: the practicality and wisdom of this practice remain
policy issues for each city to decide.
Can H _I I~ of 6ID// ( ft 110ft . ..6:--1 _'1
Yes, but be careful! The new Brown Act allows members of the legislative body
to ask questions for clarification, provide a reference to staff or other rcsourccs
for factua1 information, or request staff to report back at a later meeting
. concerning any matter, even if the matter is not on the agenda.
The reason we advise caution is the scope and atent of this new authority arc
completely untested. Wide-ranging question and answer scssions on non-
agendizcd matters could, in effect, result in collective conc:urrcncc on the issue.
Until the courts or Attorney General give some guidanéC on this issue, the
prudent course is to leave non-agendizcd questions and related discussions at a
dearly prcUmln,,,'Y stage, and to avoid suggesting any final city resolution of this .
issue. ,
Under pending clean-up legislation, council members are permitted to make "brief
announcements" that are not listed on the agenda. And, while the new Brown Act
contemplates a single council member may make referrals to staff, it docs not
authorize such action. In other words, your municipal code or parliamentary rules
tlui.t require a majority vote to make staff referrals still apply.
, Can H 6Iill ødd 1IOft~ _ to 1M fI(pUl4'1
Y es.The new Brown Act retains the ability to consider non-agendiutJ matters
upon a two-thirds vote. But the determination tlui.t must be made has &iplflœntly
. changed. Now the two-thirds vote (or unAnimous vote if less than two-thirds are
present) must determine there is a need to take immediate action and the need
for action came to the attention of the city after the agenda was posted.
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Doø 1M public Iu:we ø ri¡/Illo Ip«IkIll ~ JrkJÏì"ø7
,
Yes. The new Brown Act requires notices for special meetings at which action is ,
proposed to include an opportunity for the public to address the legislative body ¡
on the item before action is taken. Special meetings during which there will not ,
be any action, for example, study sessions, need not provide for oral ,
communications. Pending clean-up legislation, however, will extend oral
communication rights to all special meeting agenda items.
.Ale there IIIIJI odrø impcJmlntcJumga ~ tpUlœ or JlDtJt:G7
Yes. The one area of the new Brown Act that became effective immediately in
1993 was a clarification of the meeting and public hearing notice requirements for
the imposition of new or increased general taxes (sucb as a utility users tax) or
assessments, and defining "new assessments" to exclude annually recurring
assessments.
OUT åty dert erœa Iilpa of our mætin¡p after 1M mi1ruta Iu:we bæn I"~ b th1111J!gøll
Yes after 30 days. The new Brown Act requires any tapes or films to be retained
and made available for public inspection, free of charge on city equipment, for at
least 30 days before they can be destroyed.
Do M Iu:we 10 five 1M public copia of 1eIten thIII M reœive in Ct1ftIr«IioII with "IIkJi,'tr;Ó7
Yes under many circumstances. Under the old law, only written materials
prepared by or at the direction of the city bad to be retained and provided as
public records. The new Brown Act requires written material distnbuted to a
majority of the legislative body by any person to be provided to the public without
delay. If the material is distnbuted during the meeting and prepared by the city,
it must be available for public inspection at the meeting. If it is distributed during
the meeting by anyone else, it must be made available for public inspection after
the meeting.
One problem area will be written materials distributed directly to a majority of
the legislative body without the knowledge of city staff. or even without the
legislative body knowing a majority has received it. The law still requires these
materials to be treated as public records. Your city will probably want to work
out some procedure to assure compliance with the new rules.
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Enforcement
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What is 1M If!IIII1ty for Btw,,:,n Act vW~7
There are both civil remedies and crimi",,! misdemeanor penalties for Brown Act
violaûons. The civil remedies include injunctions against further violations, orders
nullifying any unlawful action, and orders deterìninl"8 the validity of any rule to
penall7.e or dlscouraae the apressloD of a member of the legislative body. The
new provision relating to efforts to penalize expression may come up in the
context of measure by the legislative body to censure or penalize one of its
members for confidentiality or other violations. This part of the new law is
charged with difficult free speech and attomey-client privilege issues.
Do M Iu:we 10 . Nœl4 Ñ()-.I ÆSfÎDIu7
No. Although early versions of the new Brown Act would have required this, the
final version only requires tape recording if a court orders it after finili"8 a dosed
session violation.
lIt.ø 1M aimJntIl penII1Jy for Molatiom c:luJnøed7
No and yes. The misdemeanor penalty bas not changed, but the state of mind
requirement bas. Under the old law, bowledae of the violation was required.
Now the test is wbether there was wrongl'ullDteDt to deprive the public of
1Df0rmatloD to which It Is eDtltled under the Brown Act. It is not clear wbether
- this standard will be easier or tougher for prosecutors to prove.
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Conclusion. .
There are a number of publications whicb will be released soon whicb may be of assistance to ..
cities in sorting out the new Brown Act requirements. The League and otbers are working to t
.
revise and update the 1989 publication called Open œr4 Public: A User'! Guide to the RDlph M. ,
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Brown Act. This publication is expected to be available in May 1994. i
i .
Once the clean-up legislation bas been enacted, the League witlIÎ1ake available a "clean" (non-
redlined) version of the text of the Brown Act for cities to distnbute to their officials and ~
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employees. This publication is expected to be ~vailable in. mid to ~.a:te March. i
i
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For information about either of these two publications, please contact the League's publications
unit, 1400 K Street, 4th Floor, Sacramento, California 95814, 916/444-5790. ,
J:\JepI\ I\81111b\1riCL2
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. Brown Act. as effective April I, 1994 City Attorney Comments ¡;'l-h\b~ g
, WESTS ANNOTATED CALIFORNIA CODES
GOVERNMENT CODE
TITI.E 5. LOCAL AGENCIES
DMSION 2. CITIES, COUNTIES AND OTIIER
AGENCIES
PART 1. POWERS AND DUTIES COMMON TO CmES,
COUNTIES AND OTIIER AGENCIES
CHAPTER 9. MEETINGS
<Chapter 9 was odded by Stats.1953, c. 1588, p. 3269,.1. >
.54950. Decimation, inlent; sovereignty
In enacting this ebsptcr, the Legislature finds ODd declares Note the PrimaIy Pwpose: Public Observability of
that the public commissions, boards md councils ODd the
other public agencies in this State exist to sid in the conduct Council's Deliberations
of the people's business. It is the intent of the law that their
actions be taken openly and that their deliberations be
conducted openly.
The people of this State do not yield their sovereignty to the
agencies whicb serve them. The people, in delegating
authority, do not give their public servmts the right to decide
what is good for the people to know md what is not good for
them to know. The people insist on ren..;n;ng informed so
that they may retain control over the instruments 'they bave
created. ,
.54950.5. Short title
This ebspter sball be known as the Ralpb M. Brown Act
.54951. Local agency. definition Definitions don't impose consequences! What is
the impact of being a "local agency"?
As used in this ebsptcr, 'local agency'means a county, city,
.wether general law or chartered, city md county, town,
scbool district. municipal corporation, district, political Note applicability to Chartered Cities and "political
subdivision, or my board. commission or agency thereof, or subdivisions". Our Redevelopment Agency is a
other local public agency. political subdivision of the state. So is the Housing
Authority and Industrial Development Authority.
. 54951.7. Local agency as ineluding nonprofit corporation
appointed by 10cal agency to acquire, construct, maintain or
operate public work project
"Local agency' includes .my nonprofit corporation, created by Query: Is the Bayfront Conservancy Trost, a non-
one or more local agCllCles, my ooe of the members of.wose Ii . "local cy"? Does . . .
board of directors is appointed by such local agencies md pro t ~rporation.a agen It mamtaIn
\\11icb is formed to acquire. construct, reconstruct. maintain or a public work project?
operate my public wod< project. Answer: Probably so.
Page 1
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Brown Act, as effective April 1, 1994 City Attorney Comments
s 54952. Legislatbe body, definition
< Text of section operative April), )994. > Can yoU have a "legislative body", even üyou
As used in this chapter, 'legislative body' means: are not a "local agency"?
(a) The governing body of a local agency or any other Redevelopment PAC's are creatures of state law,
local body created by state or federal statute. DOt localiaw (at least during their first 3 years)'
Are they a legislative body? Are they a "local
(b) A commission, commiuee, board, or other body of a agency"7 What about a JP A such as the
I~. agene.y, whether. permanent or temporary, Sweetwater Authority or the Interim Trash
dec~Sl0nmaking '!' adVIsory, ~ted by cl1arter' Commission? The Interim Commission is
ordinance, resolution, or formal oction of 0 legISlative . .
body. However. advisorv committees. cmnnosed solelv of ~I?' to the Board of Supemsors so they are a
the members of the lellislotive bod. which are less than 0 legislative body.
ouonun of the le2islative bodY are not leszislative bodies
excent that standiruz committees of 8 lea:islative body. An Ad Hoc Task Force created by the Council to
ÍlTesnective of their cmnnosition. which have s continuin2
subiect matter iurisdiction or a meetiruz schedule fixed bv study the airport siting and report to the Council
charter ordinance resolution or format action of a would be a temponuy advisory body created by
lelZislative body are le2islative bodies for numoses of this formal action of the Council.
~
What if Council forms a Bayfront Subcommit-
tee including two councilpersons to prepare a
development plan for the Bayfront and report
, back? Don't they have "continuing
. jurisdiction"? They become a "legislative body'"
(Note the invasion of the "less than a majority is
not a meeting" rule.) What happens if the two
Councilmembers meet at a restaurant by
accident but discuss the Bayfront7 See 54953.
They may have constituted a meeting. They are
the majority of the members of a legislative
body-the subcommittee, they deliberated on a
issue within the jurisdiction of the
subcommittee, and did not extend open meeting
rights! Be careful'
(c) A board, commission, committee, or other WiD the board of the Border Environmental
multimember body that governs a private corporation or
entity that ÐJhg: Commerce Zone Non-Profit Corporation be. a
'legislative body'? Probably yes. What about the
(1) Is created by the elected legislative body in Chamber of Commerce or the Downtown Business
Older to exeœise authority that may lawfully be Association?
delegated by the elected governing body to a
private corporation or entity. Is the board of the South Bay Community
(2) Receives funds ftom a local agency and the Services association a "legislative body"?
membership of whose governing body includes Would they be if the Council had the right to
a member of the legislative body of the local appoint one of the Council to the Board of the
agency appointed to that governing body by the SBCS? What if only the Mayor had the right to
legislative body of the local agency. appoint the Council's SBCS Board
(d) The lessee of any hospital the whole or part of whicb representative?
is fust leased pursuant to subdivision (P) of Section
32121 of the Health and Safety Code after January I,
Page 2
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Brown Act, as effective April 1, 1994 City Attorney Comments
1994, .where the lessee exercises any material
authorit; of a legislative body of a local agency
delegated to it by that legislative body .whether the
lessee is organized and opeIBted by the local agency or
by a delegated authority.
.54952.1. Member ofs legislative body ofs local agency Note that the Brown AD. will now apply to Mayor-
< Operative April 1,1994.> elect and Council elect? When is a person deemed
As used in this chapter, 'member of a legislative body of a local eI~ection night or clerk's canvas or
agency" includes, but is not limited to, any person elected to Council's certification of the clerk's canvas? Be
oerve .. a member of a legislative body v.ho bas not yet assuined safe! Assume the role ftom election night!
the duties of office. That person shall conform his or her conduct
to the requirements of this chapter and shall be treated for Note that in our case, if a Council or Mayor is
pmposes of enforcement of this chapter as if he or she bas elected in June, but not seated until DeceII!ber, they
already assumed office. will still be a member of the Klegislative body" for
6 months!
s 54952.2. Meeting
<Text of section opeIBtiveApriI 1,1994. >
(a) As used in this chapter, "meeting" includes all of THIS IS A KEY AREA.
the following:
This is a new and the fIrSt statutoI)' defmition of
(I) Any congregation of a majority of the meeting. Before,.we had a basis for believing that a
members of a legislative body in the same meeting did not oc:c:ur just because three councilmen
time and place to liar. discuss, br deliberate .were in the same room together. There had to be some
upon any item that is within the subject element of intercleliberation. This theory is statutorily
matter jurisdiction of the legislative body or abrogated to a certain extent: "hear, discuss or
the local agency to \\11ich it pertains. deliberate". "Hear" will probably be interpreted to mean
"receive infonnation either audibly or visua1ly". But at
a minimum, nmv, a majority may not even receive the
IIIUIIC information in the IIIUIIC place and time!
(2) Any use of direct communication, This is intended to replace the common Ia.w "seriatim
personal intermediaries, or technological meeting" rule, but is a bit slopply in that effort!
devices that is employed by a majority of the
members of the legislative body to develop a When is a person a persona1 intermeclia1)'7 What is a
collective concurrence .. to ""tion to be ucoUecüve concurrence"?
taken on an item by the members of the
legislative body. Hypothetical:
Suppose Councilperson A asks Counci\person B how B
is going to vote on a CUP. B tells A ho.w be is going to
vote. (Under the old rule this probably would have been
an interedeliberation, and the fiI1It leg of a seriatim
meeting.) A tells B ho.w A is going to vote. A then asks
the City Manager to find out how Councilperson C is
going to vote on the IIIUIIC CUP. The City Manager calls
C, detennines ho.w C is going to vote, and reports his
finding to A w.. there a meeting? Technically not:
there was no development of a collective concummce ..
to action to be taken! C stiI1 bas no knowledge of bow
A or B will vote, despite the use of a persona1
intermediary!
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Brown Act, as effective April 1, 1994 City Attorney Comments
(b) Nothing in subdivision (a) shall impose the "any Other person". . .as long as the "other
requirements of this chapter upon any of the foUowing:
person" is not a "personal intermediary" of the
(1) Individual contacts or conversations Councilperson!
_ a member of a legislative body end
any other penon. Suppose a Union President contacts
Councilmember A about why their union won't
agree to an MOU provision. A asks her how B
and C intend to vote. The Union President says
she will find out and advises A. When she
meets with B and C, she teUs B how A and C
intends to vote, teUs C how B and A intend to
vote, and reports back to A how B and C intends
to vote. Was the Union President exercising his
right to contact his Council people, or acting as
a personal intermediary of A? Do B and C have
any liability?
(2) The attendance of a majority of the The Conference and Seminar Exception. Axe
members of a legislative body at a conference
or similar gathering open to the public that League Conferences open to the public? Can
involves a discussion of issues of general three councilmembers attend a conference on
interest to the public or to public agencies of cellular biology (not of general interest to the
the type represented by the legislative body, public agencies)? What about a "bio-tech"
provided that a majority of the members do conference of pbannaceutical manufacturers?
not discuss among themselves business of a
specific nature that is within the subject
matter jurisdiction of the local agency.
Nothing in this paragraph is intended to olloW No free lunches.
members of the public fiee admission to a
conference or similar gathering at \\hich the
organizers have required other porticipants or
registrants to pay fees or charges as a
condition of attendance.
(3) The attendance of a majority of the Neighbors around the Family Fun Project ask
members of a legislative body at an open and the Councilmembers to attend a community
publicized meeting organized to address a
topic of local community concern by a person meeting. Three of them do, and each indepently
or organization other than the local agency, represents to the neighbors that they will vote to
provided that a majority of the members do reject the project at the next meeting of the
not discuss among themselves business of a Council. This is a close call! (Axe the
specific nature that is within the subject neighbors personal intermediaries of the
matter jurisdiction of the legislative body of Councilmembers? Probably not).
the local agency.
(4) The attendance of a majority of the µ¡k>
members at a purely social or ceremonial The Social Occassion exception is fIOt statutory!
occasion, provided that a majority of the
members do not discuss among themselves
business of a specific aature that is within the
subject matter jurisdiction of the legislative
body of the local agency.
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Brown Act, as effective April I, 1994 City Attorney Comments
s 54952.6. Action taken, definition
As used in this chapter, waction taken" means 8 collective Note: Nothing has changed in this section. See
decision made by a majority of the members of a legislative Section 54959 for one consequence of improperly
body, a collective commitment or promise by a majority of the
members of a legislative body to make a positive or a negative taking action-a misdemeanor (if it is done with
decision, or an actual vote by a majority of the members of a the wrongful inlen!)! See general rule at
legislative body when sitting as a body or entity, upon a motion, S4954.2-any action taken must be on an item
proposal, resolution, order ... crdinance. listed on the agenda.
s 54952.7. Copies ofc:IIa¡>W to members of legislative body of
loeaI agencies
<Text ofsedi... opcnIiveAprill, 1994. >
A legislative body of a local agency may require that a copy of
this chapter be given to each member of the legislative body and
any person elected to serve as a member of the legislative body
v.tto has not assumed the duties of office. An elected legislative
body of a local agency may require that a copy of this chapter be
given to each member of eacb legislative body all ... a majority
ofwhose members are appointed by or under the authority of the
elected legis1ative body.
,
s 54953. Meetings to be open and public; attenc ance; video
teleconferencing
< Text ofscction operative April 1,1994. >
(a> All meetings of the legislative body of a local City Duty No.1: Conduct meeting openly except
agency shall be open and public, and all penons shall as specifically permitted otherwise..
be pennitted to attend any meeting of the legislative Public Right No. I: Right to attend (read: observe)
body of a local agency, exœpt as otherwise provided
in this chapter. any meeting except as permitted otherwise.
(b> Notwithstanding any other provision of law, the
legislative body of a local agency may use video Too many other things to think about now. We
teleconferencing for the benefit of the public or the don't have the capability now to video conference.
legislative body of a local agency in connection with
any meeting or Pf"'"-';"8 authorized by law. The use
of video teleconferencing, as authorized by this
chapter, shall be limited to the receipt of public
comment or testimony by the legislative body and to
deliberations of the legislative body. If the legislative
body of a loeaI agency elects to use video
teleconferencing, it shall post agendas at all video
teleconference locations and adopt reasonable
n:gulations to adequately protect the lllatutmy ...
constitutional rights of the parties or the public
appearing before the legislative body of a local
agency. The term "video teleconference" shall mean a
system which provides for both audio and visual
participation between all members of the legis1ative
body and the public .tteoÆ"8 a meeting ... hearing at
any video teleconference 1ocation.
Page 5
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Brown Act, as effective April 1, 1994 City Attorney Comments
(c) No legislative body sball take action by secret boIIot, No secret ballots at any time.
wbetber preliminmy or final.
s 54953.1. Testimony of members before grand jury
The provisions of Ibis chapter sball not be construed to prohibit
the members of the legislative body of a lœal agency from giving
testimony in private before a grand jury, either as individuals or as
a body.
s 54953.3. CoDditions to attendance
A member of the public sball not be JeqUired, as a condition to Public Right NO.2: The right to observe the
,tf...dance at a meeting of a legislative body of alœal agency, to Council meetings 8DDOnymOUSIy and not be
register his or her name, to provide other information, to complete
a questionnaire, or otherwise to fulfill any condition precedent to intimidated into giving identifying
his or her attend__ information.
If an attendance list, register, questioDD8ÎrC, or other similar We can't require identifying information as a
document is posted at or near the entrance to the room v.here the condition to attendance. This doesn't say we
, meeting is to be beld. or is cin:ulated to the persons present during can't require it as a condition of addressing
the meeting, it sball state clearly that the signing, registering, or the Councill
completion of the document is voluntary, and that all persons may
attend the meeting regardless ofwhetber a person signs, registers,
Dr completes the document. .
.
. 54953.5. Right to record 1""'"-';"80; conditions; tape or film
records made by or under direction oflœal agencies
<Text ofaection operative April I, 1994. >
(a) Any person attending an open and public meeting of Public Right No.3: Right to record the Council
a legislative body of a lœal agency shall have the right meetings to the point of persistent disruption.
to record the p.....-'i"B" with an audio or video tape
recorder or a still or motion picture camera in the
absence of a reasonable fin~ by the legislative body
of the local agency that the recor~ cannot continue
without noise, illumination, or obstruction of view that
constitutes, or would constitute, a perBistent disruption
of the l""'"-'i"8S.
(b) Any tape or mm record of an open and public Public Right No.4. Right to inspect recordings
meeting made for whatever purpose by or at the made at the City's direction at least for 30 days.
direction of the local agency shall be. subject to
inspection pursuant to the California Public Records Act and longer if the recording is kept longer.
(Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title I), but, notwitbstandin& Section
34090, may be erased or destroyed 30 days after the
taping or recording. Any inspection of a video or tape
recording sbal1 be provided without charge on a tape
recorder made available by the lœaI agency.
. 54953.6. Prohibitions or restrictions on broadcasts of
I""'"-';"go of legislative body; reasonable findings
< Operative April 1,1994. >
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Brown Act, as effective April 1, 1994 City Attorney Comments
No legislative body shall prohibit or otherwise restrict the Public Right No. S: Right to broadcast the
bmadcast of its þroc--';ngs in the absence of a reasonable
liDding that the broadcast cannot be accomplished without noise, meetings to the point of persistent disruption.
iUamination, or obstruction of view that would constitute a
pcnistcnt disruption of the II"""--';ngs.
a S4953.7. Allowance of greater access to meetings than minimal
-..lards in this chapter
Natwithstandin any other provision of law, legislative bodies of
Jøcal agencies may impose requirements upon themselves which
aDow greater access to their meetings than ~scribed by the
...mim.l standards set forth in this chapter. In oddition thereto,
lID c1ccted legislative body of a local agency may impose such
requirements on those appointed legislative bodies of the local
II IOIICY of which all or a majority of the members are appointed
by IX' under the authority of the elected legislative body.
a S4954. Time and place of regular meetings; special meetings;
...--geneies
<Tcxt of section operativeApriJ I, 1994. >
(a) The legislative body of a local agency shall provide, Public Right NO.6: Right to have regular
by ordinance, resolution, bylaws, or by wllatever other
rule is required for the conduct of business by that meetings at a regular place within the City
body, the time and place for holdin regular meetings. unless the business of the city requires an
extraterritorial location.
(b) Regu1ar and special meetings of the legislative body
shall be held within the boundaries of the teIritory over
which the local agency exercises jurisdiction except to
do any of the following:
(I) OtheJwise comply with the state or The Court may order a Council to attend
federal law or court order.
settlement conferences in his or her courtroom.
(2) Inspect real or penouaJ property \Wich
cannot be conveniently brought within the
boundaries of the telTÌtory over which the
local agency exercises jurisdiction.
(3) Participate in meetings or discussions of Otay Ranch Joint Meetings.
multiagency significance that are outside the
boundaries of a local agency's jurisdiction.
However, any meeting or discussion held
pursuant to this subdivision sbal1 take place
within the jurisdiction of one of the
participating local agencies and be noticed by
all participating agencies IS provided for in
this chapter.
(~ Meet in the clooest meeting facility if the Not applicable to us.
local agency has no meeting facility within
the boundaries of the teIritory over which the
local agency exercises jurisdiction, or at the
principal office of the local qency if !bat
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Brown Act. as effective April I, 1994 City Attorney Comments
office is located outside the territory over
..mch the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction Lobbying in Sacramento or Washington D.C.,
with elccted or appointed officials of the
United States or the State of California -Wen but they still must be noticed and open to the
a local meeting would be impractical, solely public if a majority.
10 discuss a legislative or regulatory issue
affecting the local agency and over \\tUch the
fèderaJ or state officials have jurisdiction.
(6) Meet outside their i"nn".!;.', jurisdiction
if the meeting tates place in or nearby a
facility owned by the agency, provided that
the topic of the meeting is limited to items
cIirectly related to !hi: facility.
(7) Visit the office of the local agency's legal
counsel for a closed session 011 pending
litigation held pursuant to Section 54956.9,
when to do so would reduce legal fees or
costs.
(c) MeetiD¡s of the governing board of a school district Not applicable, except perhaps Councilperson
shall be held within the district except under the
cin:umstances enumerated in subdivision (b), or to do Rindone may have an interest.
either of the following: ,
(1) Attend a conference on OOnadversarial
collective bargaining techniques.
(2) Interview members of the public residing
in another district with reference to the
trustees' potential employment of the
superintendent of that district.
(3) Interview a potential
employee from another
district.
(d) Meetings of a joint powers authority shall OCCW'
within the territory of at least one of its member
agencies, or as provided in subdivision (b). However, a
joint powen authority which has members throughout
the state' may meet at any facility in the state \\tUch
complies with the requùements of Section 5496J.
(e) If, by reason of file, flood, eorthquaJœ, or other
emergency. it IlhaII be unsafe to meet in the place
designated. the meetings sha1I be held for the duration
of the emergency at the place designated by the
presiding officer of the Jeaislativc body or his or her
designee in a notice to the local media that have
requested notice pursuant to Section 54956, by the
most rapid means of communication available at the
time.
Page 8
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Brown Act, as effective April I, 1994 City Attorney Comments
s 54954.1. Mailed notice to persons who filed Mitten roquest; No changes to this section.
time; duration and renewal of roquests; fee
1be legislative body which is subject to the provisions of this Public Right No.7: Right to get mailed notice of
chapter sba1I give mailed notice of every JegUlar meeting, and
any special meeting which is called at least one \W:Iek prior to the regular and special meetings called at least a
date set for the meeting, to any person who has filed a Mitten week in advance upon request and reasonable
roquest for that notice with the legislative body. Any mailed payment of mailing costs if the Council sets a
notice roqUÏIed punuant to this section sbaIl be mailed at least fee.
one week prior to the date set for the meeting to which it applies
except that the legislative body may give the notice as. it deems
prsctica1 of special meetings called less than seven days prior to
the date set for the meeting. Any roques! for notice filed pursuant
to this section sbaIl be valid for one year ftom the elate on which
it is filed unless a renewal roques! is filed. Renewal requests for
notice sbaIl be filed within 90 days after lanwuy I of eocb year.
1be fail"", of any person to receive the notice given punuant to
this section shall not constitute grounds for any court to
invalidate the actions of the legislative body for which the notice
was given.
1be legislative body may establish a reasonable annual fee for
sending the notice based on the estimated cost of providing the
IetVÏce. ,
.
s 54954.2. Agenda; posting; ""tion on other matters
< Text of section operative April I, 1994. >
(a) At least 72 hours before a regular meeting, the Public Right NO.8: Right to 72 hours advance
legislative body of the local agency, or its designee,
shall post an agenda containing a brief general posted notice of agenda of rel!U!ar meetings
description of eocb item of business to be transacted or containing discussion items. including both
discussed at the meeting. including: items to be open and£l2s!! items, and time and place of
discm1votl in closed session A brief 2eneral descriDtion the regular meeting.
of an item oenerallv need not exceed 20 words. The
agenda shall specify the time and location of the Note that "or discussion" was added to
regular meeting and shall be posted in s location that is incorporate case law on the matter.
fteelyaccessible to members of the public.
No action or discussion shall be undertaken on any City Duty No. _: We can't discuss it or act on
item not sppearing on the posted agenda, exceot that it if the item isn't properly described on the
members of a le2islBtive body may briefly resoond to agenda except for
statements made or ouestions nosed bv nersons
I!Yncisin2 their Dublic testimony ri2hts under Section (a) brief responses to oral
54954.3. In sddition. on their own initiative or in communications, requests for clarifications,
resoonse to auestions DOsed bv the oublic members of &tafr referrals, report backs, or setting item for
a leszislative bodY may ask a ouestion for clarification.
orovide a reference to staff or other resources for future agenda.
factual information. or reauest staff to reoort hock to
the body at a subseauent meetinR concemiruz any
matter. Furthermore. 8 member of a leszislative bodv or
the bodv itself. mav take action to direct staff to Dlace
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Brown Act, as effeàive April 1, 1994 City Attorney Comments
8 matter of business on 8 future aszenda.
(b) Notwithstanding subdivision (a), the legislative
body may take action on items of business not Note now, if we use this exception. we must
appearing on the posted agenda WIder eny of the identify the item publicly, and I presume this
conditions stated below. Prior to disc1l!õ:!õ:.;ruz any item should similar, at a minimum, to the brief
Dursuant to this subdivision. the lC2islative bodv sball general description required of the agenda.
oubliclv identify the item.
(I) Upon a determination by a majority vote (b) Emergency situations (see
of the legislative body that en emergency 54956.5) on three votesl You need an activity
situation exists, as defined in Section or disaster which severly impairs public health
54956.5. or safety.
(2) Upon a determination by a two-thirds (c) Necessity to consider matters after
""" of the legislative body, or, if less than posting (actual or required?) on four votes if 4
two-thirds of the members are present, a
unanimous vote of those members present, or 5 are present, or on three votes if 3 are
that there is a need to take immediate action present
and that the need for action came to the
attention of the local agency subsequent to Note: This section was changed from "need to
the agenda being posted as specified in take action", to "need to take immediate
aubdivision (a). action", but that was the standard we were
(3) The item was posted pursuant to using anyway.
aubdivision (a) for a prior meeting of the (d) Matters listed on prior agenda of
legislative body occurring not more than five an adjourned meeting held 5 days sooner..
calendar days prior to the date ,ction is taken
on the item, and at the prior meeting the item
was continued to the meeting at ..mch action
is being taken.
s 54954.3. Opportunity for public to address legislative body;
adoption of regulations
<Text of section operative April 1,1994.>
(a) Every agends for regu1ar meetings shall provide an This is why we have "Oral Communications"
and speaker slips on individual items. But
opportunity for members of the public to directly the speakers have to address items on which
address the legislative body on any item of interest to
the public, before Of durin. the legislative body's you can have some impact. Not only do we
consideration of the item, that is within the subject have to let them speak, but our agendas must
matter jurisdiction of the legislative body, provided notify the public that they have the right to
that no action shall be taken on any item not appearing address the Council before final action. Of
on the agenda unless the action is otherwise authorized course, we already do this. Also, note that
by subdivision (b) of Section 54954.2. However, the this part applies to regular meetings. See
agenda need not provide an opportunity for members of special meetings below.
the public to address the legislative body on any item
that bas already been considered by a committee,
composed exclusively of members of the legislative
body, at a public meeting v.herein al1 interested This role is new and is intended to fill the
members of the public were afforded the opportunity to
address the committee on the item, before or during the gap in the law. It provides that, in notîœs
committee's consideration of the item, unless the item c:alIing special meetings, the notice of the
has been aubstantiaJly changed since the committee meeting must advise the public of their right
beard the item, as determined by the legislative body. to speak on the item before the Council's
EvCIV notice for a soecial meetin2 at ..mcb action is fina1 action. Again, we already do this.
DrOnosed to be taken on an item shan nrovide an
Page 10
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Brown Act, as effective April I, 1994 City Attorney Conunents
cmnortunitv for members of the DubHe to directlv
address the legislative body concerning that item prior
to action on the item.
(b) The legislative body of a local agency may adopt Note this section is not new, and it sanctions
reasonable regulations to ensure that the intent of
mbdivision (a) is carried out, including, but not limited a limit on "total time", sometlúng we have
to, regulations limiting the total amount of time not proposed. You may wish to consider a
ellocated for public testimony on particular issues and tota1 time limit except for new ideas.
fo< each individual apeaker.
Cc) The le2islative bodv of a local tiencv shall not Public Right No. 10: Right to criticize the
Drohibit DubHe criticism of the oolicies. oroœdures.
orolllllIllS or services of the 82encv or of the acts: or City.
œnissions of the IC2islative body. NothiI12 in this
mbdivision shall confer anv mivile.e or motection for
exoression beYond that otherwise movided bv law.
s 54954.4. Reimburtements to local agencies and school districts
for costs
(a) The Legislature hereby rmds and declares that This is a joke! The State is disallowing our
Section 12 of Chapter 641 of the Statutes of 1986, claim of $30,000 per year for Brown Act
authorizing reim1>unement to local agencies and school agendas for City Council and 20 or so
districts for costs mandated by the state puÎ-suant to that commissions because we don't have time
act, shall be interpreted strictly. The 1ntent of the sheets, but they dido't tell US until 6 years
Legislature is to provide reim1>unement for only those after the costs were incurred that they were
costs which are clearly and unequivocally inClUred as
the direct and necessary result of compliance with going to require such specificity in
Chapter 641 of the Statutes of 1986. accounting. Legislation bas been proposed
to correct this "procedural deprivation" of
(b) In this regard, the Legislature directs all state a constitutional right.
employees and officials involved in reviewing or
authorizing claims for reimbursement, or otherwise
participating in the reimbursement process, to
rigorously review each claim and authorize only those
claims, or parts thereof, which represent costs \>iúch
are clearly and unequivocally incurred as the direct and
..........ry result of compliance with Chapter 641 of the
Statutes of 1986 and for which complete
documentation exists. For purposes of Section 54954.2,
costs eligible for reimbursement shall only include the
..:tual cost to post a single agenda for any one meeting.
(c) The Legislature hereby rmds and declares that
complete, faithful, and uninterrupted compliance with
!be Ralph M Brown Act (Chapter 9 (cœnmencing with
Section 549S0) of Part I of Division 2 ofTitle Soflbe
Government Code) is a matter of overriding public
importance. Unless specifically mted, no future
Budget Act, or related budget ""..",....,.,ts, shall, in any
manner, be interpreted to suspend, eliminate, or
otherwise modify the legal obligation and duty oflocal
agencies to fully comply with Chapter 641 of the
Statutes of 1986 in a complete, faithful, and
1IIIÎIIteIrUpte mauner.
Page 11
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--,._-" . "~-'--"-'-~---"-'._--
Brown Act, as effective April I, 1994 City Attorney Comments
s 54954.5. Closed session item descriptions This section implies that these closed
< Operative ApriJ I, 1994. > session descriptions are mandatory, but
For purposes of describing closed session items pursuant to they are not Closed session items must
Section 54954.2, the agenda may describe closed sessions IS be described by virtue of Section 54954.2,
provided below. No legislative body or elected officiallhaJl be above.
in violation of Section 54954.2 if the closed ocssion items were
described in substantial compliance with this section. Substantial This section only provides a wsare
compliance is satisfied by including tbe information provided Iwbor", descriptions that can be relied on
below, incspective of its format. to avoid any c1aim that the Brown Act is
(a) With respect to . closed session held pursuant to Section being violated in this regard.
54956.7:
Note: This section doesn't ;nd~ent1y
UCENSElPERM1T DE1ERMINATION create a basis or reason for closed session.
Applicant(s): (Speci1Y number of applicants) Those are created elsewhere (Section
54956.7,54956.8,54956.9,54957,
(b) With respect to every item of business to be discussed 54957.6,54957.8,54961,54962). This
inclosed ....ion pursuant to Section 54956.8: section just provides the wsafe lwborfl
CONFERENCE wrrn REAL PROPERTY description.
NEGOTIATOR Yet, the specifity it requires helps to
Property: (Specilÿ street address, or if no street remind the Council (and the public) as to
oddrcss, the parcel number or other uni'1ùc reference, the narrow basis for holding a closed
oftbe real property IDIcIer negotiation) session.
Negotiating partics: (Speci1Y name ofparty (not agent» The exceptions are given whandlesfl or
Under negotiation: (Specify whether instruction to Wnamesfl, but these names incorporate the
specific provisions of the Brown Act, and
negotiator will concern price, terms of payment, or the names, themselves, do not constitute
both) the basis or justification.
(c) With respect to every item of business to be discussed in For example, the wrea1 property
closed ocssion pursuant to Section 54956.9:
exceptionfl is limited to giving instruction
CONFERENCE wrrn LEGAL COUNSEL- in closed session to negotiators with
EXISTING UTIGATION regard to price anellor terms of payment.
Name of case: (Speci1Y by reference to claimanfs IUUDC, You can not go inio closed session to
determine if you want a particular parcel
namcs of parties, case or claim numbers), or of property developed.
Case name WlSpecified: (Specify whether disclosure
would jeopardize service of process or existing The intricacies of the individual
lCttlemcnt negotiations) exceptions will be discussed below.
CONFERENCE wrrn LEGAL COUNSEL-
ANTICIPATED UTIGATION Example:
CONFERENCE wrrn LEGAL
Significant exposure to litigation pursuant to COUNSEL REGARDING EXISTING
IUbdivision (b) of Section 54956.9: (Speci1Y number of LITIGATION pursuant to Section
pnt.-ntiA1 cases) 54956.9(b):
Initiation of litigation pursuant to subdivision (c) of City of Chula VlSta v. County of San
Section 54956.9: (SpeciIÿ number ofpotcntial cases) Diego, Appropriate Technologies (Real
Property in Interest), .
Page 12
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Brown Act, as effective April 1, 1994 City Attorney Comments
(d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
UABILlTY CLAIMS
Claimant: (Specifÿ DBIDe unless unspecified pursuant
to Section 54961) Agency claimed against: (Specifÿ
DIllIe) .
(e) With respect to every item of business to be discussed in
closed session pursuant to Seetion 54957:
TIlREAT TO PUBUC SERVICES OR FACILITIES
Consultation with: (Specifÿ II8Dle of law enforcement
lIgency IIIld title of officer)
PUBUC EMPLOYEE APPOINTMENT
Title: (Specifÿ description of position to be filled)
PUBUC EMPLOYMENT
Title: (Specifÿ description of position to be filled)
PUBUC EMPLOYEE PERFORMANCE EVALUA-
TION
Title: (Specifÿ position title of employee being
reviewed)
.
PUBUC EMPLOYEE DISCIPLINElDISMlSSAU
RELEASE
(No additional information is required in eonnection
with a closed session to consider discipline, dismissal,
or release)
(I) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
CONFERENCE wrrn LABOR NEGOTIATOR
Agency negotiator: (Specifÿ DBIDe)
Employee organization: (Specifÿ II8Dle of organization
.~..esenting employee) or
Unrepresented employee: (Specifÿ position title of
unrepresented employee who is the suhject of the
negotiations)
(g) With respect to closed sessions called pursuant to Seetion
54957.8:
CASE REVlEWIPLANNlNG
Page 13
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Brown Act, as effective April 1, 1994 City Attorney Comments
(b) With respect to every it£m of business discussed in closed
session pursuant to Section 54962 and Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and
37624.3 of the Government Code:
REPORT INVOLVING mADE SECRET
Discussion will conœm: (Speci1Y whether discussion
will concern proposed IICW oervice, program, or
facility)
Estimated date of public disclosure: (SpecifY month
IIId year)
HEARINGS
Subject matter: (SpecifY .wether testimony/delib..-a-
tion will concern staff privileges, report of medical
audit committee, or report of quality assurance
committee)
54954.6. New or increased taxes or assessments; public meetings 1bis is a new section which institutes a double
IIId public hearings; joint notice noquirements meeting/hearing requirement before any tax or
(a) assessment may be imposed or increased. What's
it doing in the Brown Act (dealing with open
(I) Before adopting lilY new or increased meetings)?
general tax or lilY new or increased
assessment, the legislative body of a city, Note it does not apply to "fees". What is the
coonty, special district, or joint powers difference between a fee, as9'"....~nt and a tax?
authority shall conduct at leal! one public (The directness of the benefit received by the
meeting at which local officials must a110w payor.)
public testimony regarding the proposed new
or increased general tax or new or increased So we can implement or increase a developer
assessment in addition to the noticed public
hearing at which the legislative body impact fee without the double meeting
proposes to enact or increase the general tax requirement, but not an assessment
or assessment.
Of the first two meetings, the first one appears
For purposes of this section, the teIm 'new or intended to be a general griping session. I think
increased assessment' does not include lilY the theory of the Legislature was that the local
of the following: press would pick up the complaints at the first
(A) A fee which does not exceed meeting, and spread the word on the front page of
the reasonable cost of providing the the newspaper instead of in the legal notices
services, facilities, or regulatory section where the public hearings are nonnal1y
activity for .wich the fee i. published. So what they were looking for was a
charged. way of getting more effective notice.
(B) A service charge or benefit Well then, why didn't the Legislatue require extra
charge, unles. a special district'. notice for fee increases? Perhaps because, by
principal act noquires service definition, they can only be used to recover the
charges or benefit charge. to cost of a service-so the abuse potential would be
conform to the noquirements ofthi.
oection. less and the justification for their existence would
be more rationale?
(C) An ongoing annual ..""V'"':JIt
if it is imposed at the same or lower
amount as any previous year.
Page 14
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d-.' ~
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Brown Act, as effective April I, 1994 City Anomey Comments
(D) An assessment ,.rucb does not
exceed an assessment formula or
range of assessments previously
adopted by the agency or approved
by the voter.¡ in the area ..nere the
ft,-""....t is imposed.
(E) Standby or immMj.t. availa-
bility charges.
(2) The legislative body shall provide at We have to give notice of the hearing and the
least 45 days' public notice of the public
bearing at ..nich the legislative body meeting at the same time which shall be 4S days
proposes 10 enact or increase the genera1 tax after the notice. The meeting can be noticed for
or assessment. The legislative body shall any time within the 4S day period but not sooner
provide notice for the public meeting at the than 10 days after the notice and no earlier than 7
same time and in the same document as the days before the bearing.
notice for the public hearing, but the meeting
shall oœur prior 10 the hearing.
(b)
(I) The joint notice of
both the public meeting and the This subsection (b) (I) gives the ~ing for
public hearing required by noticing tax increases. Assessment are in (b) (3)
subdivision (a) with "'spect 10 a
proposal for a new or increased This is a unique and first step towards the
general tax shall be accomplished
by placing a display advertisement legislature mandating effective noticc-a display
of at least one-eigbth page in a advertisement, not a legal noticel
newspaper of general circulation
for three weelcs pursuant 10
Section 6063 and by a tint-<:lass
mailing 10 those interested parties
..no bave filed a written request
with the local agency for mailed
notice of public meetings or
bearings on new or increased
general taxes. The public meeting
pursuant 10 subdivision (a) sball
take place no earlier than 10 days
after the tint publication of the
joint notice pursuant to this
subdivision. The public hearing
shall take place no earlier than
seven days after the public
meeting pumwtt to this
subdivision. Notwithstanding
paragraph (2) of subdivision (a),
the joint notice need not include
notice of the public meeting after
the meeting bas taken place. The
public bearing pursuant 10
subdivision (a) sbaII take place no
earlier than 45 days after the first
publication of the joint notice
pumwtt to this subdivision. The
public hearing sbaII take place no
earlier than seven days after the
public meeting pursuant 10 this
Page 15
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Brown Act, as effective April I, 1994 City Attorney Comments
subdivision. Any written request
for mailed notices shall be effective
for one year Ii'om the date on ..nich
it is filed unless a renewal request
is med. Reocwal requests for
mailed notices shall be filed on or
before April 1 of each year. The
legislative body may establish a
reasonable annual charge for
oending notices based on the
estimated cost of providing the
8ClVÎce.
(2) The notice required
by paragraph (1) of this subdivision
shall include, but not be limited to,
the following:
(A) The amOWlt or nile of
the tax. If the tax is
proposed to be increased
ûom any previous year,
the joint notice shall
8ep8I8tely state both the
existing tax rate and the
proposed tax rate
increase. .
,
(B) The activity to be
taxed.
(C) The estimated
amOWlt of revenue to be
raised by the tax
annually.
(D) The method and
frequency for collecting .
the tax.
(E) The dates, times, and
locations of the public
meeting and hearing
described in subdivision
(a).
(F) The phone number
. and address of an
individual, office. or
organization that
interested persons may
contact to receive
additional information
about the tax.
(c)
(I) The joint notice of both the public
meeting and the public bearing required by
Page 16
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Brown Act, as effective April I, 1994 City Attorney Comments
subdivision (a) with respect to a proposal for Note that while tax increases may be published,
a new or increased assessment on real
property shall be accomplished through a new assessments or assessment increases must be
mailing, postage prepaid, in the United given individually by mail!
States mail end shall be deemed given \Wen
so deposited. The public meeting pUBll8llt to
subdivision (a) shall take place no earlier
than 10 days after the joint mai1ing pursuant
to this subdivision. The public bearing shall
take place no earlier than seven days after the
public meeting pursuant to this subdivision.
The envelope or the cover of the mailing
shall include the name of the local agency
and the return address of the sender. This
mailed notice shall be in at least IO-point
type and shall be given to all property ownen;
proposed to be subject to the new or
increased assessment by a mai1ing by name
to those persons whose names and addresses
appear on the last equalized county
assessment roll or the State Board of
Equalization assessment roll, as the case may
be.
(2) The joint notice required by paragraph (1) Note that this section still applies to assessments
of this subdivision shall include, but not be only and not taxes.
limited to, the following: .
.
(A) The estimated smount of the
assessment per parcel. If the
assessment is proposed to be
increased ftom any previous year,
the joint notice shall separstely
state both the amount of the
existing assessment and the
proposed assessment increase.
(B) A general description of the
purpose or improvements that the
assessment will fund.
(C) The address to which property
ovmers may mail a protest against
the assessment.
(D) The phooe nlDDber and address
of an individual, office. or
orgaIIization that interested persons
may contact to receive additional
information about the 'a_.....--t.
(E) A statement that . majority Note the complication of this notice provision
protest will cause the ..-~t to
be abandoned if the assessment act required for "increases" and ass--..t act's
used to levy the assessment 10 mation of a right of "majority protests". If the a
provides. Notice must also state the financing plan contemplates increases, they may
pen:entage of protests required to be increased risk of never being realized.
trigger an election, if applicable.
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Brown Act, as c1Jective April 1, 1994 City Attorney Comments
(F) The dates, times, and locations
of the public meeting and hearing
described in subdivision (a).
(3) Notwithstanding paragraph (I), in the If an assessment is a large area assessment, like a
case of an assessment which is proposed
exclusively for operaûon and maintenance tax is in a city, it may be noticed like a tax-by
expenses for an enilie city, county, or district, publication!
or opemtion and maintenance assessments
proposed to be levied on SO,OOO parcels or
more, notice may be provided pursuant to
lllI8graph (I) of subdivision (b) and shall
include the information required by
peragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (I), in the
case of an ..-'I'1eIlII"~ to be levied
pursuant to Part 2 (commencing with Section
22S(0) of Division 2 of the Streets and
Highways Code by a regional park district,
regional park and open- space district, or
regional open-spece district fonned pursuant
to Article 3 (commencing with Section SSOO)
of Chapter 3 of Division S of, or pursuant to
Division 26 (commenc:ing with Secûon
3SIOO) of, the Public Resowces Code, notice
may be provided pursuant to ~ph (I) of
subdi visiOll (b).
(d) The notice requirements imposed by this section Apparently, we still have to publish in the legal
shall be construed as additional to, and not to
supersede, existing provisions of law, and shall be notices section, tool
applied concum:ntly with the existing provisions so as
to not delay or prolong the governmental
decisionmaking process.
(e) This section shall not apply to any new or increased
geneIIIl tax or any new or increased assessment that
requires an election of either of the following:
(I) The property owners subject to the
assessment.
(2) The voters within the city, county, special
district, or joint powers authority imposing
the tax or ..........-.t.
(I) Nothing in this section sha1I prohibit a local agency So we can do all 31 open space maintenance
ûom holding a consolidated meeûng or hearing at
which the legislative body discusses multiple tax or districts at the same time, and with the same
assessment proposals. notices.
(g) The local agency may recover the reasonable costs
of public meetings, public hearings, and notice Of course, this section is the Legislative dodge of
required by this section Iiom the proc:eeds of the tax or
assessment. The costs recovered for these pwposes, the constitutional requirement that the State has
v.hether recovered pursuant to this subdivision or any to pay cities for all costs they mandate the cities
other provisiOll of law, sha1I not exceed the reasonable incur by their legislaûon.
Page 18
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Brown Act, as effective April 1, 1994 City Attorney Comments
costs of the public meetings, public bearings, and . . .Now, back to the Brown Act . . .
notice.
s 54955. Adjournment; adjourned meetings No changes were made to this section.
The legislative body of a local agency may adjown any regular, Adjournments are allowed for all but "emergency'"
adjowned regular, spec:ia1 or adjowned specia1 meeting to a time meetings.
and place spec:ified in the order of adjournment. Less than a
quorom may so adjown fiom time to time. If all members are We have 24 hours to post a copy of the order of
absent fiom any regular or adjowned regular meeting the clerl< or
_relaI)' of the legislative body may declare the meeting adjournment.
adjourned to a slated time and piau and he shall cause a 'Mitten
notice of the adjournment to be given in the same manner as
provided in Section 54956 for special meetings, unless such An interesting issue: Can a Council adjourn a
notice is waived as provided for specia1 meetings. A copy of the regular meeting to consider an item that was not
order or notice of adjournment sbaJJ be conspicuously posted on part of the original business of the Council as
or near the door of the place where the ",gular, adjowned shown on the agenda of the original meeting, or
regular, spec:iaI or adjourned special meeting was held within 24 does the concept of adjournment necessarily
bours after the time of the adjournment. When a "'gular or involve the inability to complete the business
adjourned "'gular meeting is adjourned as provided in this
_tion, the ",suiting adjowned "'gular meeting is a regular before the Council at the original meeting?
meeting for all purposes. When an order of adjournment of any
meeting fails to state the hour at which the adjowned meeting is
to be held, it shall be held at the hour specified for regular
meetings by ordinance, resolution, by law, or other rule.
.
.54955. I. Continuance .
Any bearing being held, or noticed or ordered to be held, by a We have 24 bours to post notices of continuances
legislative body of a local agency at any meeting may by order or
notice of continuance be continued or rccontinued to any of bearings unless they are continued to a time
subsequent meeting of the legislative body in the same manner within 24 bours, and then they must be posted
and to the same extent set forth in Section 54955 for the immediately.
adjournment of meetings; provided, that if the hearing is
continued to a time less than 24 hours after the time specified in
the order or notice of hearing, a copy of the order or notice of
continuance ofbearing shall be posted immediately following the
meeting. at which the order or declaration of continuance was
adopted or made.
a 54956. Special meetings; call; notice
A special meeting may be called at any time by the pn:siding Note: Special meetings are called on 24 bour
officer of the legislative body of a local agency, or by a majority mailed and posted notice. Compare: Regular
of the members oflbe legislative body, by delivering penonaJly meetings require 72 hours advance notice of
or by mail 'Mitten notice to each member of Ibe legislative body business items by agenda posting. Emergency
and to each local newspaper of general circulation, radio or meetings require 1 hour notice to all Councilper-
television station requesting notice in 'Miting. The notice shall
be delivered personally or by mail and shall be received at least IOns and the press.
24 bours before the time of the meeting as specified in the notice. The mayor or tbrec councilpersons may call a
The call and notice shall specifY the time and piau of the special
meeting and the business to be transacted. No other business special meeting. How do the tbrec get together to
shall be considered at these meetings by the legislative body. call a special meeting without violating the Brown
The 'Mitten notice may be dispensed with as to any member who Act?
at or prior to the time the meeting convenes files with the elerl<
or secretary of the legislative body a 'Mitten waiver of notice. What if the Mayor calls a special meeting, notice
Page 19
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Brown Act, as effective April 1, 1994 City Attorney Comments
of which is given by mail, but at a time when one
of the councilpersons is out of town both at the
time of the call and at the time of the special
meeting? Was the mailed notice received 24
hollIS before the meeting by all members? Can
the meeting be held? What if the vacationing
Councilperson faxes in a waiver of notice?
The waiver may be given by telegram. The written notice may If you show up, you consent to the meeting despite
also be dispensed with as to any member who is actua1Iy present the possibility of defective notice.
at the meeting at the time it convenes. Notice shall be required
pursuant to this section rq¡ard1ess of whether any lCÛon is taken We need 24 hollIS notice of special meeting, and
at the special meeting.
no business other than the business stated in the
The call and notice shall be posted at least 24 homs prior to the notice may be dealt with. No special justification
special meeting in a location that is fteely øccessible to members is needed for a special meeting I
of the public.
54956.5. Ema¡ency meetings in emergency situations In order to justify a short notice meeting (I hour
after delivery of notice to all Councilpersons and
In the case of an emergency situation involving matters upon press); there has to be an activity or cripling
which prompt action is necessary due to the disruption or disaster which severly impairs public health or
threatened disruption of public facilities, a legislative body may safety (determined on three votes).
hold an emergency meeting without complying With either the
24-hour notice requirement or the 24-hour posting requirement
of Section 54956 or both of the notice and posting requirements.
For purposes oftbis section, "emergency situation" means any of
the following:
(a> Work stoppage or other activity which severely
impairs public health, safety, or both, as determined by
a majority of the members of the legislative body.
(b> Crippling disaster which severely impairs public
health, safety, or both, as determined by a majority of
the members of the legislative body.
However, each local newspaper of Benera1 circulation
and I8dio Πtelevision station which has requested notice of
special meetings pursuant to Section 54956 sbaII be notified by
the presiding officer of the legislative body, or desisnee thereof,
one hour prior to the emersency meeting by telephone and all
. telephone numbers provided in the most recent request of such
newspaper Πstation for notification of special meetings sbaII be
exhausted. In the event that telephone services are not
functioning, the notice requirements of this section sball be
deemed waived, and the legislative body, Πclesisnee of the .
legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency
meeting, the pwpose of the meeting, and any action taken at the
meeting as IOOJ\ aIIer the meeting as possible.
Notwithstanding Section 54957, the lesislative body Closed sessions are not allowed at emergency
sbaII not meet in closed session during a meeting called pursuant meetings.
Page 20
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7;) - ~I
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Brown Act, as effective April I, 1994 City Attorney Comments
to this section.
All special meeting requirements, as prescribed in Primary requirements of "special" meetings.
(I) personal delivery of notice to all
Section 54956 shall be applicable to a meeting called Councilpersons.
pursuant to this section, with the exception of the 24- (2) no business may be transacted that is not listed
hour notice requirement. in the notice calling the meeting.
The minutes of a meeting called pursuant to this
section, a list of persons who the presiding officer of
the legislative body, ... designee of the legislative
body, notified or attempted to notify, a copy of the
rollcall vote, and any øctions taken at the meeting sball
be posted for a minimum of 10 days in a public place
as soon after the meeting as possible.
a 54956.6. Fees
No fees may be charged by the legislative body of a local agency
for canying out any provision of this chapter, except as
specifically authorized by this chapter.
a 54956.7. Closed ....ions, license applications; rehabilitated
criminals
Whenever a legislative body of a local agency detennines that it The only license that comes to mind that may be
is necessary to discuss and determine whether an applicant for a
license or license renewal, who has a criminál record, is granted or reviewed by our Council that could
sufficiently rehabilitated to obtain the license, the legislative involve review of an applicant's criminal record
body may hold a closed session with the applicant and the (none of our current licensees) might be our
applicanfs attorney, if any, for the pwpose of holding the cardclub licenese, but the situation bas never
~onand~the~~ffthe~~~body arisen to my knowledge.
determines, as a result of the closed session, that the issuance or
renewal of the license should be denied, the applicant shall be We should focus our limited time on the
offered the opportunity to withdraw the application. ff the frequently used exceptions.
applicant withdraws the application, no record sball be kept of
the ~ons or decisions made at the closed session and all
matters relating to the closed ....ion sball be confidential. ffthe
applicant does not withdraw the application, the legislative body
sball take action at the public meeting during \\1rich the closed
session is held or at its next public meeting denying the
application for the license but all matters relating to the closed
session are confidential and shall not be disclosed without the
consent of the applicant, except in an øction by an applicant who
has been denied a license challenging the denial of the license.
The "so called""Real I'lu ldty Exception"1
a 54956.8. Real property transactions; closed meeting with
negotiator Limits: to instruá the City's negotiators
RgaIding price and terms of payment for
NotwithstonÆng any other provision of this chapter, a legislati~ purchase, &ale, excbange or lease or real property.
body of a local agency may hold a closed session with its Not whether to go forward with a project
negotiator prior to the pun:hase, sale, exc:bange, ... lease of real
p-operty by or f... the local agency to gi~ instnlclions to its Prc-meeting requirements: The Agenda must
negotiator regarding the price and \enDs of payment for the
pun:hase, sale, exchange, or lease. adequately describe the property, the other side of
the negotiations, and whether we intend to solicit
However, prior to the closed session, the legislative body of the price or terms of payment instructions, or both.
Page 21
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Brown Act, as effective April I, 1994 City Attorney Comments
local agency shall hold an open and public session in which it
identifies the real property or real properties which the At-meeting statements: Identify the property and
negotiations may concern and the person or persons with whom the other side's negotiators.
its negotiator may negotiate.
For the purpose of this section, the negotiator may be a member During closed session requirements: (54957.2)
of the legislative body of the local agency. None. Council has the option to take minutes.
For pmposes of this section. ·tease· includes renewal or Post.dosed session requirements: (54597.1)
renegotiation of a lease. (a) If the Council approves an
Nothing in this section shall preclude a local agency ftom agreement that completely concludes real estate
negotiations, the Council must come out of the
holding a closed session for discussions regarding eminent closed session and report that approval and
domain J'f"'"-';~gs pursuant to Section 54956.9. report the substance of the agreement in open
session at the pubic meeting during which the
closed session is heldl
(b) If the Council instructs in a way that
the final approval rests with the other side, the
local agency shall disclose the fact of that
approval and the substance of the agreement
upon inquiIy by any person.
(c) 1ffina1 action is not taken, no public
announcement need be made.
. 54956.9. Pending litigation; closed session; abrogation of The Litigation Exception.
privilege; notice; memorandwn ,
<Text of section opeI8tive April 1,1994. > .
Nothing in this chapter shall be construed to ¡nevent a This is the paragraph that grants the entitlement
legislative body of a local agency, hosed on advice ofits legal to bave a closed session for "pending litigation,·
counsel, ftom holding a closed session to confer with, or receive
advice ftom, its legal colU1SCl regarding pending litigation when
discussion in open session concerning those matters would
prejudice the position of the local agency in the litigation.
For pmposes of this chapter, aJJ expressions of the la>ryer-<:lient "A city attorney can't use case law relating to
privilege other than those provided in this section are hereby attorney-<:lient privilege to have a closed session;
abrogated. This section is the exclusive expression of the but the city attorney still is required to protect
la"1'er-<:Jient privilege for purposes of conducting closed- communications,and his work product is
session meetings pursuant to this chapter. protected from discovery."
For DurnoseS of this section "litÎlzaüon" includes any You don't have to be in a court proceeð;~g to
adjudicator\' nroceedinll inc1udinR eminent domain. before a avail yourself of the "pending litigation"
court.. administrative body exercisina its adiudicatorv authority.
hearin.R officer or arbitrator. exception. It has to be "adjudicatory".
For purposes of this section, litigation shall be considered But the adjudicatory proceM;~g has to be
pending when any of the following CÎII:UII\SIIIDC exist: "pending", defined as any of the following:
(a) Litigation, to which the 10caI agency is a pørty, bas I. It has to be filed; or
been initiated fmma1ly.
Page 22
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Brown Act, as effective April I, 1994 City Attorney Comments
(b) , (This should have been called the "prospective
(I) A point bas been reached where, in the defensive litigation exception.)
2. There has to be a significant exposure to
opinion of the legislative body of the local litigation; or,
agency on the advice of its legal counsel,
based on existing fa<ts and cin:umstances, This is determined by the CoWlCil after
there is a significant exposure to litigation
egainst the local8 !ency. seeking the advise of the City Attorney.
(2) Based on existing facts and 3. You can meet in closed session to determine if
circumstances, the legislative body of the the facts justify a closed session on the basis of
local 8 !ency is meeting only to decide the litigation.
whether a closed aession is authorized
pursuant to paragraph (I) of this The situation has to justify the closed session. It
aubdivision. can't be a ruse. In this new section, the
For oumoses of DlU'Ul"aDhs (1) and (2) "exiStin2 facts Legislature is saying what is or isn't legitimate
and circumstances" shall consist onlv of one of the facts for "prospective litigation". and how much
followÎn2: of them have to be disclosued:
fA) Facts and circumstances that miRht 1. Litigation potential unknown to the likely
result in litÜlation aaainst the BIleJ1CV but plaintiff, but if known, would be likely to cause
which the 8SZeJ1CV believes are not vet known the plaintiff to file suit! This is much looser than
to 8 notential DlaintifT or DlaintitTs which the Slandard I would have used. Such facts don't
facts and circumstances need not be have to be disclosed.
disclosed.
. 2. Litigation potential known to the likely
Œ) Facts and circumstances includw. but
not limited to an accidetlt disaster plaintiff. The facts have to be on the public
incident. 01' transactional occurrence that agenda or announced.
miRht result in litiszation uainst the 8i!eDCV
and that are leno"" to a ""tentia! olaintiff or
plaintiffs. which facts or circumstances
shall be nubliclv stated on the _Renda or
announced.
IC) The receiot of a claim oursuant to the 3. Claim or other written threat of litigation.
Tort Claims Act or some other written The writing has to be available to the public as a
communication from a notential DlaintifT public record under the new "without delay at or
tbreatenina litil!8tion which claim or after the meeting" rule. See Secçtion 54957.5,
commWlÍcation shall be a.ailable for Dublic below. Is public disclosure before closed session
insoection oursuant to Section 54957 5. required?
ill) A statement made bv a DC""'" in an 4. Verbal threats oflitigation during a public
ODeD and oublic meetinll threatenitu! meeting can form a basis for potential litigation,
titillation on a !!meCific matter within the
resoonsibilitv oftbe leflÎslative body. and further public disclosure does not appear to
be required.
IE) A statement threatenin2 litil!8tion made 5. A veJba1 threat of litigation outside of a public
bv a nerson outside an ODeD and oublic
meetiruz on a mecific matter within the meeting, if contemporaneously documented by
resoonsibilitv of the lellislBtive bodY so 10112 Staff. The documentation must be disclosed.
as the official or emDlovee of the local
uencv receivinR knowtedlle of the threat
makes a contemDOl'BDeous or other record of Note the special protection for claims of sexual
the statement nrior to the meetinR which
record shall be available for DUblic harassment.
ins_tion oursuant to Section 54957.5.
The records so created need not identify the
Page 23
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Brown Act, as clJective April 1, 1994 City Attorney Comments
alle.ed victim of 1DÙawful or tortious sexual General Thread:
conduct or anyone mA1rinQ. the threat on their
behaI( or identifY a Dublic emDlovee who is Remember tbat all of these categories apply to the
the alleszed nemetrator of anv unlawful or "prospective litigation" exception, and appear
tortious conduct U'Don which a threat of
liti..tion is based. 1DÙess the identity of the designed to prevent abuse in this field. Once
oerson has been Dubliclv disclosed. filed, then: are no additional disclosure
requirements perhaps on the presumption tbat
(F) NOthinll in this section shan reauire there is less abuse and mon: disclosure in the
disclosure of written communications that court records.
are orivileoed and not subiect to disclosure
pursuant to the California Public Records Tbe prevailing theme of these disclosure
Act {Chaoter 3 S (commencin2 with Section requirements is tbat we should make information
62S0) of Division 7 of Title I\. available to the public which is already known to
(c) Based on existing facts and cin:wnstances, the the p1ainti1f; but we don't have to if it would
legislative body of the local agency has decided to educate the plainti1f to sue us.
initiate 0< is deciding whether to initiate litigation.
3. Prospective Aggressive Litigation.
Prior to holding a closed session pursuant to this
section, the legislative body of the local agency shall Steps for all Litigation Section:
slate on the agenda or publicly announce the 1. In agenda: State the subdivision used
subdivision of this section that authorizes the closed as required here (54956.9(c» and under Section
session. If the session is closed pursuant to 54954.5 (c).
subdivision (a), the body shan state the title of or 2. During meeting: State the
otherwise specifically identify the litigation to be
discussed, 1DÙess the body states that to do so would subdivision if not contained in the agenda. State
jeopardize the agency's ability to effec!tl4te service of the title or otherwise identify the litigation
process upon one or more unserved parties, or that to specifically (e.g., the Otay Ranch litigation),
do so would jeopardize its ability to oonclude existing unless to do SO nùgbt jeopardize service of process
settlement negotiations to its advantage. of settlement potential.
3. Hold the closed session.
A local agency sball be considered to be a "party" 0< to 4. Publicly announce any insttuctions:
. have a "significant exposure to litigation" if an officer a. to defend or initiate (unless
or employee of the local agency is a party or has disclosure to initiate would jeopardize service or
significant exposure to litigation concerning prior or
prospective activities or alleged activities during the settlement)
course and scope of that office or emplo}1Dent, b. to appeal or not
including litigation in whicb it is an issue whether an C. to be an amicus
activity is outside the course and scope of the office or d. along with names of adverse
employment. parties and substance oflitigation unless to do SO
would jeopardize service or settlement.
. S49S6.9S. Closed sessions; insurance pooling; tort liability e. final approvals of settlement
5. Post meeting requirements: Upon
losses; public liability losses; workers' compensation1iability request of any person, disclose approval of a
pending litigation as soon as settlement becomes
(a) Nothing in this chapter sball be construed to final after a meeting, and disclose the substance 0
prevènt a joint powers agency formed pursuant to the settlement agreement.
Article I (commencing with Section6S(0) of Chapter
S of Division 7 of Title I, fo< purposes of insurance
pooling, or a local agency member of the joint powers
agency, &om holding a closed session to discuss a
claùn for the I8}1Dent of tort liability losses, poblic Section 54956.95 not applicable to us.
liability losses, 0< workers' compensation liability
incurred by the joint powers agency 0< a local agency
member of the joint powen agency.
.
Page 24
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Brown Act, as effective April 1, 1994 City Attorney Comments
(b) Nothing in this cbapter shall be construed to
prevent the Local Agency Self-Insurance Authority
fonned pun;uant to Chapter 5.5 (commencing with
Section 6599.01) of Division 7 of Title I, or a local
agency member orthe authority, ftom holding a closed
session to discuss a claim for the payment of tort
liability losses, public liability losses, or workers'
compensation liability incurred by the authority or a
local agency member of the authority.
(c) Nothing in this section sbalI be construed to affect
Section 54956.9 with respect to any other local
agency.
s 54957. Closed sessions; exclusion of witnesses
< Text of section operative April I, 1994. >
Nothing contained in this chapter sbalI be construed to prevent '"Threat to building security or right of public
the legislative body of a local agency &om holding closed access" is a little known exception to the open
sessions with the Attorney General, district attorney, sheriff, or meeting requirement. I've never needed to use it
chief of police, or their respective deputies, on matten; posing a in 12 years, and recommend not spending much
threat to the security of public buildings or a threat to the time on it.
public's ri¡ht of access to public services or public facilities,
or fi'om holding closed sessions during a regula¡" or special Here is one of the two "personnel exceptions"-
meeting to consider the appoinbnent, employment, WII1uation of the "individual employee exception".
perfonnance, or dismissal of a public employee or to hear
complaints or charges brought against the employee by another Requirements: (1) Appointment, employment,
person or employee unless the employee requests a public evaluation of peñormance, or di<mi....1 of a public
session. As a condition to holding a closed session on specific employee, or to hear complaints or charges
complaints or charges brought against an employee by another brought against the employee by another person.
person or employee, the employee shall be given written notice
of his or her right to bave the complaints or charges heard in an But the authority has to reside in the Council
open session rather than a closed session, which notice sbalI be
delivered to the employee personally or by mail at least 24 hours to do the appointment, employment,
before the time for holding the session. If notice is not given, evaluation, di$IllÌSSal, complaint hearing, etc.
any disciplinary or other action taken by the legislative body This is where the Cbarter limits us. Except as
against the employee based on the specific complaints or to the appointed employees, this power mostly
charges in the closed session shall be null and void. resides in the City Manager or the Civil
Service Commission.
(2) As to complaints or charges, the public
employee has to be given 24 notice before the
closed session, and the right to request the matter
be heard in open session.
The legislative body also may exclude &om that public or closed Exclusion of witnesses in a quasi-edjudicatory
meeting, during the examination of a witness, lOy or all other proceeding. This has more applicability to the
witnesses in the matter being investigated by the legislative Civil Service Commission than to the Council.
body.
Page 25
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----_._-_._._._---.-,.,_.,-----~ -------------
Brown Act, as effective April 1, 1994 City Attorney Comments
For the purposes of this section, the term 'employee' shall Closed sessions are okay to review the City
include an officer or an independent contractor \\ño functions as Manager or the City Attorney (inhouse or
an officer or an employee but shall not include any elected contract City Attorney) or the City Clerk, but not
official, member of a legislative body or other independent another Councilperson or Mayor, and not an
contra<:tors. outside consultant.
Nothing in this section shall limit local officials' ability 10 hold
closed session meetings pursuant 10 Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and
37624.3 of the Government Code.
Closed sessions held pursuant 10 this section shall not include This apparently implies thaI we can not discuss
diacussions of a local agency's available funds, funding "budgetary matters" under the auspices of this
priorities, or budget. section. I would recommend mAking
appropriations annually to the City Attorney's
budget to permit the retention of outside counsel,
and to amend the purchasing/services manual to
permit direct retention without using the
"consultanl selection process."
.54957.1. Closed sessions; public report of action taken This section has been substantially modified.
<Text of section operative April 1, 1994. > Before, we only had to report retention and
(a) The legislative body of any local agency shall dismissal of employee decisions after closed
session action. Now, eveI)' closed session has the
publicly report any action taken in closed session and potential for subsequent public meeting
the vote or abstention of every mem1>er present
thereon, as follows: disclosure, as follows:
(1) Approval of an agreement concluding
real estate negotiations pursuant 10 Section
54956.g shall be reported after the
agreement i. final, as specified below:
(A) If it. own approval 1. Final real estate agreements if already signed
renders the agreement final, the by the other party or parties, and finaled by our
body shall report that approval and action.
the substance of the agreement in
open session at the public meeting
dwing which the closed session is
held.
(B) If final approval 2. Almost final real estate agreements have to be
rests with the other party 10 the disclosed subsequently upon request (not at a
negotiations, the local agency shall public meeting) when finaled by the other side.
diaclose the fact of that approval
and the substance oftbe agreement
upon inquiry by any person, as
1001I as the other pørty or its agent
has informed the local agency of
its approval.
(2) Approval given to the body's legal 3. Decisions to begin litigation ("Beginning
counsel to defend, or ~ or refrain ftom Litigation Decisions") have to be disclosed at the
ICCking appellate review or relief, or 10 enter meeting following the closed session, except
as an amicus curiae in any form of litigation where disclosure jeopardizes service or
as the result of a consultation under Section
54956.9 shall be reported in open session at settlement.
the public meeting during which the closed
Page 26
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_______..__ u..._,.·_,____··___·_~_~_··_"· "_._______.__._____~_
Brown Act, as effective April 1, 1994 City Attorney Comments
session is held [.J The tepOrt shan identify, Reports of Beginning Litigation Decisions have
. if kno"",, the adverse party or parties and to name the adverse parties and the substance of
the substance of the litigation. In the case of the dispute unless jeopardy to service or
approval given to initiate or intervene in an sett1ement, and then the particulars have to be
action, the announcement need not identify disclosed to any person once formally
the action, the defendants, or other
particulars, but shan specify that the commenced or settled.
direction to initiate or intervene in an action
has been given and that the action, the
defendants, and the other particulars sha1l,
once formally commenced, be disclosed to
any person upon inquiry, unless to do so
would jeopardize the agency's ability to
effectuate oervice of process on one or more
unserved parties, or that to do SO would
jeopardize its ability to conclude existing
aetUement negotiations to its advantage.
(3) Approval given to the body's legal Decisions to sett1e litigation ("'Litigation
counsel of a aetUement of pending litigation, Concluding Decisions") must be reponed after
as defined in Section 54956.9, at any stage approval is given if its approval finals the deal,
prior to or during a judicial or quasi-judicial otherwi$e public disclosure on request has to be
proceeding shan be reported after the made (not necessarily at a meeting) as soon as it
aetUement is fmal, as specified below: is requested.
(A) If the body aœepts a
settlement offer sigr¡ed by the
opposing party, the body shan
report its aœeptance and identify
the substance of the agreement in
open session at the public meeting
during \Wich the closed session is
held.
(B) If final approval
rests with some other party to the
litigation or with the court, then as
soon as the settlement becomes
final, and upon inquiry by any
person, the local agency shan
disclose the fact of that approval,
and identify the substance of the
agreement.
(4) Disposition rea<:hed as to claims Disposition of a claim includes rejection, .
discussed in closed session pW'SU8llt to
Section 54956.95 sha1l be reported as soon acceptance or partial acceptance. We usual1y
as reached in a manner that identifies the reject in open session or by operation of law. If
D&IIIC of the claimant, the name of the local done by the Council, we have to name the
agency claimed against, the substance of the parties, describe the dispute, and report monetary
claim, and any monetary amount approved amounts.
for payment and agreed upon by the
claimant.
Page 27
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Brown Act, as effective April 1, 1994 City Attorney Comments
(5) Action taken to oppoint. employ, dismiss, Immediate reporting of employment or dismi...11
occept the resisnation of, or otherwise affect of employees made by the Council in closed
the employment status of a public employee session is now required, unless the dismissed
in closed session purswmt to Section 54957
shall be reported at the public meeting person has administrative remedies (such as
during v.hich the closed session is held. Any ·Skelly" rights or name clearing bearings).
report required by this paragraph shall
identifÿ the title of the position and specifY
any change in compensation. The general
requirement of this paragraph
notwithstanding, the report of a dismissal or
of the nonrenewal of an employment conlIacl
shall be deferred Wltil the first public
meeting following the exhaustion of
administrative remedies, Ü any.
(6) Approval of an lI ICCDlent concluding Labor negoûations is the other "personnel
labor negotiations pursuant to Section exception" permitted below. This section is the
54957.6 shall he reported after the first one that seems to require as an item on the
lI ICCDlent is final and has been accepted or agenda a public report disclosing the sdt1ement
ratified by the other party. The report sba11 as soon as the settlement occurs.
identifY the item approved and the other
party or parties to the negotiation.
(b) Reports that are required to be made purswmt to Reports required by this section (where required
this section may be made orally or in wtiting. The
legislative body sba11 provide to any peDIOIl who has following the meeting) can be given orally or in
submitted a written request to the legislative body wriOOg.
within 24 hours of the posting of the agenda, or to any
person who has made a standing request for all This section permits standing requests for
c1ocumentation as part of a request for notice of documentation.
meetings purswmt to Section 54954.\ or 54956, üthe
requester is present at the time the closed session ends, The requester can get copies of the agreements
copies of any contracts, settlement agteenIents, or
other documents that were finally approved or adopted right after the closed session ü public disclosure
in the closed session. If the action taken results in one of the agreement is required.
or more substantive amendments to the related
documents requiring rel)ping, the documents need not
be released Wltil the retyping is completed during
normal business hours, provided that the presiding
officer of the legislative body or his or her designee
orally swnmarizes the substance of the amendments
for the benefit of the document requester or any other
person present and requesting the information.
(c) The documentation referred to in paragraph (b) Our practice bas been to give the City Attorney
sba11 be available to any person on the next business general instructions on settlement. without
day following the meeting in v.hich the action referred seeing or actually approving the final seuIement
to is taken or, in the case of substantial ImÞnñmfi!l'lts, agreements. Therefore, under our practice, once
when any necessary retyping is complete. I use the authority and instruction to seuIe a suit.
I will be required to make the seuIement
agreement public.
Page 28
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_.._._.___ - - - _~_~___... ____u__..._____
Brown Act, as effective April I, 1994 City Attorney Comments
(d) Nothing in this section shall be construed 10 require The Council bas given the City Attorney and the
that the legislative body approve actions not otherwise City Manager authority to settle small claims
subject to legislative body approval. (under SI0,OOO). This section says that we don't
bave to change that practice.
(e) No action for injury to a reputational, liberty, or Public reports given in an attempt to comply
other personal interest may be commenced by or on with this section can not be the basis for a
behalf of any employee or former employee with defamation action.
œspect to whom a disclosure is made by a legislative
body in an effort to comply with this section.
s 54957.2. Minute book record of closed sessions; inspection
(a) The legislative body of a local qency may, by Minutes of closed session still are not mandatOI)'
ordinance or resolution, designate a clerk or other but are permissive.
officer or employee of the local agency who shall then
attend each closed session of the legislative body and
keep and enter in a minute book a record of topics If authorized, topics of discussions and decisions
discussed and decisions made at the meeting. made are required. These are called "action
minutes" because they only report actions taken,
not deliberations conducted. The sessions could
be recorded at the Council discretion
The minute book made pumumt to this ~on is not This is the source for the "individual
a public' record subject to inspection pumumt to the Councilperson" privilege.
California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 ofTitle
I), and shall be kept confidential.
The minute book shall be available only to members of Ally Councilmember can inspect the minute
the legislative body or, ifa violation of this chapter is book and a superior court judge may inspect it to
alleged to have occurred at a closed session, to a court determine if a violation is alleged.
of general jurisdiction wberein the local qency lies.
Such minute book may, but need not, consist of a
recording of the closed session.
(b) An elected legislative body of a local qency may The City Council can require that all or its
require that each legislative body all or a majority of boards and commission keep a minute book of
whose members are appointed by or under the their closed sessions. Caveat: All but the Civil
authority of the elected legislative body keep a minute Service Commission should not be having closed
book as prescribed under subdivision (a). sessiuons, and then only with the City Attorney's
advance approval.
s 54957.5. Agendas and other writings distributed for discussion
or consideration at public meetings; public records; inspection;
closed sessions
< Text of section operative Apri1I, 1994. >
Page 29
3. .. ¿,D
- - - --- .--"_.~_..._----- ----.'---- -------- _.._~_..- ...
Brown Ad, as effective April 1, 1994 Oty Attorney Comments
(a) Notwithstandina Section 6255 or any other If three members of the Council have a document
provisions of law, agendas of public meetings and any that has reference to a public meeting discussion
other writings, when distributed to all, or a majority of item, it now becomes a public record (with certain
all, of the members of a legislative body of a local exceptions), and must be released without delay.
agency by any person in connection with a matter
subject to discussion or consideration at a public
meeting of the body, are public records under the .
California Public Records Act (Chapter 3.5
(""",.......,;"g with Section 6250) of Division 7 of Title
I) , and shall be made available punuant to Sections These are most of the exceptions to the public
6253 and 6256 without delay. However, this section records act-;lrimarily personnel matters,
shall DOt include any writin¡ exempt from public c:riminal investigations, etc.
disci.,.."., under Section 6253.5, 6254, or 6254.7.
(b) Writings which are public records under If we know a document is going to be distributed
subdivision (a) and which are distributed during a
public mcetins shall be made available for public to the Council by staff; we now have to make
inspection at the meeting if prepared by the local them available to the public also, so we better
agency or a member of its legislative body, or after the make sufficient quantities. If a member of the
meeting if........ed by aome other person. public gives them to the Council, we have to make
them available after the meeting.
(c) Nothin& in this chapter shall be c:ons1rued to
prevent the legislative body of a local agency from
charging a fee or deposit for a copy of a public record
pursuant to Section 6257. .
(d) This oection shall not be construed to limit or delay
the public's right to inspect any record Rquired to be
disclosed woo the Rquirements of the California
Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title I). Nothing in
this chapter shall be construed to RqWre a legislative
body of a local agency to place any paid advertisement
or any other paid notice in any publication.
. 54957.6. Closed oessions; legislative body of local agencies;
salaries, aa1ary schedules or fringe benefits; mandatory subjects
< Text ofoection operative April I, 1994. >
(a) Notwithstanding any other provision of law, a This is the second "personnel exception"-Jabor
legislative body of a local agency may hold closed negotiations.
ICSSÌons with the local agenc)'s designated
repr.....tative. regarding the IBlariCS, ..iaJy
achodllles. or ....,p"'...tion paid in the fonn of fringe
benefits of its represented and UDI<y.eocnted
anployees, and for mnsented emnlovees. anv other This is new.
matter within the statutorilv.. movided ICODe of
............."";on. Closed sessions of a legislative body
of a local agency, as permitted in this section, shall be
Cor the purpose of reviewing its position and
instructing the local agenc)'. designated
'51"~ves. Closed sessions, as permitted in this
section, may take place prior to and during
consultations and discussions with representatives of
employee organizations and unrepresented employees.
Page 30
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. -..-- -- <..-...-. ~_._-----'''^_._-~._--~--_._..__..._--,------_..._.._.
Brown Act, as effective April 1, 1994 City Attorney Comments
For the purposes enumerated in this section, a
legislative body of a locaIlI8ency may also meet with
a state conciliator who has intervened in the
proceecIings.
(b) For the purposes of this section, the tenn Council can't discuss their own pay raises in closed
"employee" shall include an officer or an sessions.
independent contractor who functions as an officer or
an employee, but shall Dot include any elected
official, member of a legislative body, or other
independent conlIaclors.
Closed øessions held pursuant to this section shall Council can't makes budgetary decisions in closed
DOl include discussions of a local agency's available sessions caused by or relating to labor oegotiations.
Iimds, fimding priorities, or budget.
s 54957.7. Disclosure of items to be discussed in closed
sessions
<Text of section operative April I, 1994. >
(a> Prior to holdiDl! anv closed session. the This is all new.
le2islative bodv of the locaIlU!encv shall disclose. in
an ODeD meetinR the item or items to be dict'l1C!cM in The Mayor or City Attorney should make a public
the closed session. The disclosure mav take the fonn
of a reference to the item or items as thoy are listed announœment that "The Council will now meet in
bv Dumber or letter on the a.enda. In the closed closed session to consider items listed on the closed
IleSsion the lellislative bodv may consider only those session agenda, numbers 1, 3, 4, 7 and 10. No
matters covered in its statement. NothillR in this others will be discussed."
section shalt reauire or authorize a disclosure of
information orohibited bv state or federal law.
(b) After anv closed session the le2Ïslative bodY Mandatory reconvening to adjournment is required,
and if reports are required, they ahould be made
shan reconvene into orten session mar to then. Do you want the television crew to remain to
adiournment and shall make anv disclosures
reouired bv Section 54957 I of action taken in the film the reports and adjournment? What is the
closed session. cost?
(c) The announcements reouired to be made in ODell
lleSSion Dursuant to this section maY be made at the
location announced in the BRenda for the closed
session. as loD2 as the Dublic is allowed to be nresent
at that location for the Dumose of hearimz the
announcements.
a 54957.8. Clooed sessions; legislative body of a
multijurisdicûonal cIrus law cmorcement asency
Nothing contained in this chapter sbaII be construed to prevent We are DOt a multijurdisctional drug enforœment
the legislative body of a multijurisdicûonal cIrus law agency, so ignore this exception.
cmorçement asency , or an advisory body of a
multijurisdicûonal cIrus law cmon:ement asency,liom holding
closed sessions to discuss the case records of any ongoing
criminal investigation of the multijurisdictional cIrus law
enforcement asency or of any party to the joint powers
agreement, to hear testimony ftom persoDS involved in the
Page 31
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--..- _n..__ ..._._....._ -..-.----.----...-...-.--..---.-----...---.-
Brown Act. as effective April 1, 1994 City Attorney Comments
investigation. and to discuss courses of action in particular
cases. "Multijurisdicliooal drug law enforcement agency," for
purposes of this section, means a joint powers entity formed
pursuant to Article 1 (commencing with Section 65(0) of
Chapter 5 of Divisioo 7 ofTitle I, which provides drug law
enforcement services for the parties to the joint powers
agreement. The Legislature finds and declares that this section
is within the public inIa1:st, in that its provisiODS are necessary
to prevent the impeinnent of ongoing law enforcement
investigations, to protect witnesses and infonnants, and to
permit the discussiœ of effective COW"SeS of action in
particular cases.
s 54957.9. Disorderly conduct of gene.-aI public during
meeting; clearing of rocm
In the event that any Jœding is willfu ly interrupted by a group
or groups of persons.. as to render the orderly conduct of such
meeting Wlfeasible IIJId order cannot be restored by the
removal of individuals who are willfully intelTUpting the
meeting, the members of the legislative body conducting the
meeting may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or
othe.- news media. except those participsting in the
disturbance, shall be allowed to attend any session held
pursusnt to this sectica. Nothing in this section shall prohibit
the legislative body fiom establishing a procedure for
readmitting an individual or individuals not responsible for
willfu ly disturbing the ooIerly conduct of the meeting.
s 54958. Application of chapter
The provisiODS of this chapter shall apply to the legislative
body of every local agency notwithstanding the conflicting
provisions of any othe.- slate law.
s 54959. Penalty for uoIawfu1 meeting
< Text of section operative April 1, 1994. >
Each member of a legislative body who attends a meeting of This is the section that makes it a misdemeanor
to take aciton at an illegal meeting with the
that legislative body v.tae.-e action is taken in violation of any intent to deprive the public of infonnation to
provision of this chapter, with wrongful intent to deprive the
public of information to which it is entitled under this chapter, which they would otherwise be entitled. The
is guilty of 8 misru..m.. A...... "mens rea" element was loosened. Before, the
ooUttciimember needed to know that the meeting
was illegal.
Page 32
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--"'_.__.._".._---~_..__._._...-------_..- .._~~-~-_.~~-_.,._-
Brown Act, as effective April 1, 1994 City Attorney Comments
s 54960; Actions to stop or prevent violations of meeting
provisions; applicability of meeting provisions; validity of rules
or actions 01\ recording closed sessions
<Text of section operative April 1, 1994. >
(a) The district attorney or any interested penon may In additions to criminal prosecution, the DA or
commence an aclioo by mandamus, injunction or any person can sue civilly to stop actual or
declanltol)' relief for the purpose of stopping or threatened violations.
preventing violations or threatened violations of this
chapter by membeni of the legislative body of a local
agency
or to determine the applicability of this chapter to This one is somewhat confusing. For example,
actions or threatened future action of the legislative could one bring a declaratory relief action to
body, determine that the Brown Act is applicable to
actions of the Chamber of Commerce?
or to detennine the validity under the laws of this state Why is this in the Brown Act? Suppose a
or of the United States of any rule Or action bv the Council votes to sanction a Councilmember for
leszislative body to nenalize or otherwise discoUIlU!e the speaking out against the City Council for
exnression of one or more of its members. granting a CUP. This section appears to permit
the sanctioned Council to file a suit.
or to comnel the le2islative body to 1800 record its If the Council is found to have commited a
closed sessions as hereinafter nrovided. violation, the Court can order the tape recording
of its closed sessions.
(b) The court in its discretion may, upon a judgment of Proceedure for mandatory recording of closed
a violation of Section 54956.7, 54956.8, 54956.9, sessions:
54956.95, 54957, or 54957.6, order the legislative
body to tape record its closed sessions and preserve the
tape recordings for the period and under the terms of
security and confidentiality the court deems
appropriate.
(c)
(I) Each recording so kept shall be
immediately labeled with the date of the
closed session recorded and the title of the
clerk or other officer who shall be custodian
of the recording.
(2) The tapes shall be subject to the Rules for access to recording of closed sessions.
following discovCl}' procedures:
(A) In any case in which discovCl}'
or disclosure of the tape is sought
by either the district attorney or the
plaintiff in a civil action pursuant
to Section 54959, 54960, or
54960.1 alleging that a violation of
this chapter has occurred in a
closed session which has been
recorded pursuant to this section,
the party seeking discovCl}' or
Page 33
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--_._"- .--..-....- --,-'"--~--_.._"'----
Brown Act, as effective April 1, 1994 City Attorney Comments
disclosure shall file a written
notice of motion with the
appropriate court with notice to the
governmental agency which has
custody and control of the tape
recording. The notice shall be
given p\lmJ8Ilt to subdivision (b)
of Section 1005 of the Code of
Civil Procedure.
(B) The .notice shall include, in
addition to the items required by
Section 1010 of the Code of Civil
Procedure, all of the following:
(i) Identification of the
proceeding in which
discovery or disclosure is
sought, the party seeking
discovery or disclosure,
the date and time of the
meeting recorded, and
the governmental agency
which has custody and
control of the recording.
(ii) An affidavit which
contains specific facts
indicating that a
violation of the act
occurred in the closed
session.
(3) If the court, following a review of the The Court can examine, on good cause, the
motion, fmds that there is good cause to recordings of closed sessions "in camera" -in the
believe that a violation has occurred, the privacy of his or her chambers.
court may review, in camera, the recording of
that portion of the closed session alleged to
have violated the act.
(4) If, following the in camera review, the If the Court believes that disclosure would be
court concludes that disclosure of a portion of likely to resolve the litigation over an alleged
the recording would be likely to materially violation, the court may make a certified
. assist in the resolution of the litigation transcript of the session a public exhibit in the
alleging violation of this chapter, the court proceeding. Shouldn't the Court only disclose the
shall, in its discretion, make a certified session if it believes a violation occured1
transcript of the portion of the recording a Otherwise, what is likely to stop people from
public exhibit in the proc..,Æng. falsely suing just to see a transcript.
(5) Nothing in this section shall pennit
discovery of communications which are
protected by the attomey-client privilege.
Page 34
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Brown Act. as effective April 1, 1994 City Attorney Comments
s 54%0.1. Unlawful action by legislative body; action for
mandamus or injunction; prerequisites
< Text of sectioo opemtive April I, 1994. >
(a) The district attorney or any interested per1IOl1 may After a demand to cure or correct is made on the
commence an actioo by mandamus or injunction for the Council and the Council doesn't respond, a
purpose of obtaining a judicial determination that an person can sue to invalidate the action, and the
IICtion taken by a legislative body of a local agency in Court is given the power to invalidate unless one
flOlation ofSectioo 54953, 54954.2, 54954.5, 54954.6, of the following exceptions apply:
or 54956 is null and void under this section. Nothing
in this chapter sball be construed to prevent a
legislative body ftom çuring or COlTecting an action
cballenged pmsuant to this section.
(b) Prior to any action being commenced pursuant to
subdivision (aj, the district attorney or interested
person sball make a demand of the legislative body to
cure or correct the action alleged to have been taken in
flOlation of Section 54953, 54954.2, 54954.5, 54954.6,
or 54956. The demand sha1I be in writing and clearly
describe the cballenged action of the legislative body
and nature of the alleged violation.
The written demand sha1I be made within 90 days ftom
the date the ""tion was taken unless the action was
taken in an open session but in violation of Section
54954.2, in ..mob case the written demand shall be
made within 30 days ftom the date the action was
taken. Within 30 days of receipt of the demand, the
legislative body shall cure or COlTect the challenged
action and infonn the demanding party in writing of its
actions to cure or correct or infonn the demanding party
in writing of its decision not to cure or correct the
challenged actioo. If the legislative body takes no
action within the 3(kIay period, the inaction shall be
deemed a decision not to CW"C or correct the challenged
action, and the l~y period to commence the action
described in subdivision (a) sha1I commence to ron the
day after the 3(kIay period to cure or correct expires.
Within 15 days of receipt of the written notice of the
legislative body's decision to cure or correct, or not to
cure or conect. or within 15 days of the expiration of
the 30-day period to cure or correct, whichever is
earlier, the demanding party shall be required to
commence the action pursuant to subdivision (a) or
thereafter be b8m:d ftom commencing the action.
(c) An action taken that is alleged to have been taken
in flolation of Sections 54953, 54954.2, 54954.5,
54954.6, and 54956 sha1I not be determined to be null
and void if any of the following conditions exist:
(I) The action taken was in substantial 1. The Council substantially complied with the
compliance with Sections 54953, 54954.2,
54954.5, 54954.6, and 54956. requirements of the Brown Act.
(2) The action taken was in connection with
Page 35
.=3/L.0
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Brown Act, as effective April 1, 1994 City Attorney Comments
the sale or issuance of notes, bonds, or other 2. Debt is incurred in reliance on the action
evidences of indebtedness or any contract, (e.g., bond sales);
instrument, or agreement thereto.
(3) The action taken gave rise to a contractual 3. Good faith and detrimental reliance on the
obligation, including a contract let by Council's action by a non-professional services
œII1petitive bid other than compensation for
øervices in the fonn of salary or fees for contractor.
professional services, upon \\1rich a party has,
in good faith and without notice of a
cballenge to the validity of the action,
detrimentally relied
(4) The action taken was in connection with 4. Action taken was in connection with the
the collection of any tax. collection of a tax
(5) Anv nerson. city city and COIDItv. COIDItv. 5. "No harm, no foul" role. If complainant had
district.. or anv IUreIlCV or subdivision of the
state alle1lÎD2 noncomnliance with actual notice, they can complain.
sulxlivision Ca) of Section 54954.2 Section
54956 or Section 54956.5 because of anv
defecL error ÎlTe2U!aritv or omission in the
notice 2Ìven nursuant to those nrovisions had
actual notice of the item of business at least
72 hours nrior to the meetin2 at which the
action was blKP-t'I if the meetin2 was noticed
pwwant to Section 54954.2 or 24 hours
Drior to the meetin. at \\1rich the action was
taken if the meetim! was notil'M nursuant to
Section 54956. or orior to the meetin. at
which the action was hllcf'!t1 if the meetinlz is
held oursuant to Section 54956.5.
(d) During any action seeking a judicial determination For certain violations, the Council can cure a
pursuant to subdivision (a) if the court determines, violation by doing it over the right way, and teh
pursuant ID a showing by the legislative body that an Court shall dismiss the action with prejudice.
action alleged ID have been taken in violation of Section
54953, 54954.2, 54954.5, 54954.6, or 54956 has been
cured or c:orrected by a subsequent action of the
legislative body, the action mod pursuant to
sulxlivision (a) shall be dismissed with prejudice.
(e) The Iàct that a legislative body takes a subsequent Subsequent curative action is inadmissible to
action ID cme or correct an action taken pursuant to this prove guilt.
section sha11 not be constIued or admissible as evidence
of a violation of this chapter.
s 54960.5. Costs and attorney fees
A court may award court oosts and reasonable attorney fees to the A successful plaintiff can get attorneys fees and
plaintiff in an action brought pursuant to Section 54960 or costs, but not against the individual
54960.1 where it is f01Dld that a legislative body of the local councilpersons, only against the City.
agency has violated this chapter. The oosts and fees shall be paid
by the local ageney and shall not become a penona1liability of
any public: officer or employee of the local agency.
Page 36
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Brown Act, as effective April I, 1994 City Attorney Comments
A court may award court costs and reasonable attorney fees to a The City can get attorneys fee and costs for cases
defendant in any action brought pursuant to Section 54960 or clearly frivolous and totally lacking in merit. It
54960.1 where the defendant has prevailed in a fmal bas to be pretty frivolous to qualify under that
determination of such action and the court fmds that the action standard.
was clearly liivolous and totally lacking in merit
s 54961. Prohibitions on use of certain facilities; grounds;
application to local agencies
< Text of section operative April I, 1994. >
(a) No legislative body of a local agency shall conduct
any meeting in any facility that prohibits the admittance of any
person, 0< per1IOIlS, on the basis of race, religious creed, color,
national origin, ancestry. or sex, or which is inaccessible to This recent change bas now made the Brown Act
disabled oersons or where members of the Dublic mav not be
mesent without mAlciD.2 a navment or Durchase. lbis section peñonn ADA access functions.
shall apply to every local agency as defined in Section 54951 .
(b) No notice. Henda annoWlcement or reoort There is some confusion that this (b) is even part
reauired under this chanter need identilV anv victim or alle.ed of the law. West\aw didn't have this subpara-
victim of tortious sexual conduct or child abuse unless the graph (b), and we will try to determine its
identity of the oerson bas been Dubliclv disclosed. authenticity.
s 54962. Closed session by legislative body prohibited
< Text of section operative April I, 1994. >
Except as expressly authorized by this chapter, or by Sections General Rule: Closed Sessions are not allowed
1461, 32106 and 32155 of the Health and Safety Code or except as provided in the Brown Act.
Sections 37606 and 37624.3 of the government Code as they
apply to hospitals, or by any provision of the Education Code
pertaining to school districts and community coUege districts, no
closed session may be held by any legislative body of any local
agency.
.
Page 37
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L.AW O"tCES Oil'
BEST, BEST & KfII'EOER ExHiGI C
THE 1994 BROWN ACI'
Effective April 1, 1994
(New language shaded; repealed language lined out)
fi&.G
Poücys1ate111eDt............................................. .1
Coverage ................................................ .1..5
~ ~s ~~ ......................................... 45
Recording pro<:ee'JÌltgs and retention of tapes ............................ 7
MeHÏl1g access, conduct and notice ................................ 8-10
Agenda requirements ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-15, 28-29
I..ate-breaking items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Pubüc hearing on taxes or assessments ............................. 15-17
Adjournment, continuance, special "emergency meetillgs ................. 17-19
Exceptions (closed sessions)
(a) License Appüc:ations ..................................... 20
(b) Real Plupgty' Transactions ................................. 20
(c) Pending Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-23
(d) Joint Powers Insurance Authorities ............................ 23
(e) Public ~ety/wPerso~e1w .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~-~
(I) Reporting Out Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~-28
(g) Collective Bargaining ....................................30
(h) Drug Law Enforcement Agency ............................ 31-32
Public meeting materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28-29
Reporting before and after closed session. . . . . . . . . . . . . . . . . . . . . .. . . . . . 30-31
Criminal penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Civil penalty, costs " fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32-36
Limitsoo.~ngp1accs........................................ 36
.j-
:fJc ~(I
-_..._._~_..._...._._---_.~-_.--~-----_...--_.....--._...-~._~-'.. .---.-..--------...---"'.,
LAW OFFICES OF
BEST, BEST & KRIEGER
THE BROWN ACT
(Government Code Sections 54950 ä Kg.)
Effective April 1, 1994
654950. Declaration. Intent: Sovereilmtv
In enacting this chapter, the Legislature fmds and declares that the public
commissions, boards and councils and the other public agencies in this State exist to aid in
the conduct of the people's business. It is the intent of the law that their actions be taken
openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control over the instruments
they have created.
654950.5. Title of Act
This chapter shall be known as the Ralph M. Brown Act.
654951. Local Al!ency. Definition
As used in this chapter, "local agency" means a county, city, whether general law or
chartered, city and county, town, school district, municipal corporation, district, political
subdivision, or any board, commission or agency thereof, or other local public agency.
IS i951.1. ~eal .:'_~eRey: PfWate Ne",æfit ÜÆM'iv.Atiefts IRehuted
Per lite I'IUpSgeS sf this ebøl!ter, Mil fe the e!tteøt øet ÌBes8sisteftt 1\'itII feEleftll. law,
the term "leeel ageøey" shall ineltslle IIIll'rivate 8SIIfJreHt ElrgttIIÎ28tÎeøs that reeeŸ;e putJlie
Rt8~ 16 he ætpeftded fer pttè1ie I'ørpeaea ptlPSHtHtt 16 the "Beeft8æie OppSftunHy Aet
Bf 1961" fP.L. 88 152; 78 Skit. 598).
_191472 -1-
,:3. )¿)
-
L....W OFFICES OF
BEST, BEST & KRIEGER
¡~19S1.7. Laeal .,\reøey a~ IøelHàinf ÞJeØBMt:it CePBBf&tieø ).P1'sinted hy Pahlie ^~eAey
ts }æ~Hire. CSRMmet. :Þ.fæntftÌß 8f ~erMe Ptthlie Wark PfBieet
"Leea! ageøeso" ineløåes &nj' RBBpre:Ht eelpeætiBs, eæateEI èy BRe aF &tBN leea:l
&geBeie" Itft)" eRe ef the memBers sf ~"he!ie heanl ef åireetelS is appeÏftteà hy stsek leeal
ageø.eieB and whiek is feMed. te aequÏfe, eSR5t.."'1let, lee685tnlet, æaiøtB:in af epeøtte aøy
ptthlie 1I¡'elk prejeet.
654952. Leeislative Body. Definition
As used in this chapter, "legislative body" means:
['1 The governing "ellft!, eellllBissieft, èifeeters er body of a local agency; or IHIY
h8&fŠ 8F eeææissieø theNef, and shall melts. any "eanl, ealRlRÍssiaB, eelRlRHtee aF other
~. body 1II11~~~I1".í!\\\¡ eft whieh emeers ef 8 leeal &geftey 8eI'\'e Ïft
their eØieiel eap8eity as meæhers aftd .,;hielt is sttppelteå ÍB wkale 81 in )HUt h)" æøds
pf8viEled hy suek &geBey, whether fftleh heanl, eemlÐÎssÎeB, e8BHftHtee 81 Mker Bad}' is
ergU1Ï2!ed eEl apemted BY stieR laeal &geRey aF èy a )JÂ"IMe· e~fI'eæâeR.
1~11~1.¡I:~¡¡!.¡II~¡i!iæll·;_I·.II)¡..~~tID-X¡'i~~!
~~!I.~ßI.~illl!lfl~~.å~._¡î¡~.I)¡D:.!!I¡"lèl~;
.~¡!f!!~cii!iîìl~~Ii!¡.~!~'~f:I9m!l¡1!!Ø_g~¡~
~1!J!Ii~m~.è~~·~~~~Y~~iii:i!!l,!.l!~~~,?'i9M!:fim:è~~~~¥~
~x¡!iI.¡11i!liU¡;:Blf1;~I~t~Ρ.m!_;Ii:i~§§4)',
~g"~~§li\.!iig!li)¡lgl·.i~~~~illI~."¡~I~!li9ì;a
~I~I·flm!l!I"¡¡îl¡!lre!!I¡.1U¡¡;;I1(III~¡åf!1~~lj!five
_m_!.I¡~{I1J!5i'¡i~~f
(~~¡!~¡ml~~&¡~m¡!nI~¡1!~1~lm).~.I1isa
Rm¡~~¡i1~l!:M:;I!..i.;,
(1Iill¡~:~!i1¡"!I;.¡:I~llml.:.i\lå.I¡9i~II¡~;tbat
.J!i.Y~Rš~~li.I¡~:im~.~¡I"i)i1~.;~~I'\)~~ty,
11¡:IISIIIII!_!i·Ii1..~..)~I_fii!P¡fllIíIl1~ing
~l!:m~I.j¡.~g~m~¡¡II~~~~_êf~¡jl!ll~:¡:~~ß\'that
å9Yêíii.!I§¥;¡.!~ii!i}i¡.Y9~.gM~¡
DMV191472 -2-
3.- ) /
_ _'_.'.MU_" .'M··__'__·.._.~'m__·__.__..u ._____.__.~_'__m··'~___~··_
LAW OFFICES OF
BEST, BEST & KRIEGER
œ'!.~I~~~.I~I~¡~Ii.I~IIIíI:m!I!!i!Ii'!~~
_¡y!ti!!i'It~,!R~~g99~+~~J'~I~~~mm~~_¡~;~¡~~¡I.
1!!tìll~;;;~iil§lii~~·~iÎ;...;gl¡PJii;.,~_i!ì~æ
11¡._!¡~}i~x:i~~¡~ji'9i~:¡.~!i¥.!~~
1¡,§¥!I!¡iI_~f
Ilfml,fìL"'{ .,.;~, . .. ........
R:!~:~!g;~.:.~_~'~:!¡_.~;:_;PJí!1_.i~ji!!~~~¡~
1..~lfi!¡~~;;~'ìl:¡IBR'il~;¡Sli!l'§!¡iS¡_;IIf¡mj~
ïl¡,.'!!.¡.¡m!~'¡i~Ø'Bj:.'iIIR~:'¡.¡¡I!m:.!¡.¡:Ii!.:1mäg¡lg
...¡B~.¡çiili_.~~~t':I!~.1¡~.":l1g~
âiiftie:õî..~y,:¡._~¡
,-;.;.;.,.;.;.;.;.;.;.;.;.;.:.:.:.,.,.,.:.;.;.;.;.:.;.;.,.;.;.:.;.;.,.;.;.,.;.;.;.;.,.,.,,'.,.;,....;,'...,,'...;,;...,.;.;.,.,...,.,..-.,...,.;.,.;...;".,.,.;...,.,..."""""."';';';';';""'.';';'.-;';',';';-;-;';'.',.;"
&54952.2. " . " . .........;,..;:.;.,.;.......;,;<.;-,.>' ",.:.,.' .:.;.;-.,..,....,:.;..,..'..
.\5 øseå in this ehapter, "legisæti·,e helly" else means &BY heard, eelBøH.ssisø,
eeæRÚØðe, at similar æølâmeæhet helly ,,;hieh eereise BY atttkePÎty af a legislø.ti-¡e helly
ef a leeøI ageøey Elelegated te it hy that legislath·e heEly.
r@'¡~R8Im~,.im¡¡iim~j¡mç'!9~'!!I1.¡ì~..!
~t~¡~(Y~¡iiiII¡9P¡I1!!i':m¡ijm,!è~.ì_~9t'¡i¡~_m~
_¡~¡,¡!i.I.I¡I~ßr¡~¡¡!I~III!'í,¡,i!¥i.Iì!~;IIj.a'~
..1~:I1.¡.~tI!~t¡!I~I1.¡_¡~¡I¡:I.¡'I¡.~.
1~¡.~~I!I..¡m~!~ii~O!i¡¡~¡I~~!I~;I1,~
~.¡~~y~¡~!i~B~~,~_Bl'œ~}i.yl';..~
~M!~~i~~~¡:I]I'_m!!m¡Ji~.¡mm¡:¡_:ìR¥.ì__~.II~~¥~
BY¡
1~1~!!III.YI~!i;t.1Ii~!~1~~:.~~~,,¡I'.BtI_i-y
Ó£tbi!Jt6llöw.¡
.,...n____,....__.._.__,..."..,.,..... .
...;.,.:.:.;.;.,.;.;...;.;.,.,.:.>:.~:.:.,...;.,.:.;.;.....;.,.;.;.:.;.:.;.;....-;.,
tl~¡.~I!Bi~:¡'liilliil_I..!lì_.'¡.!,..iii.¡
.¡.¡~.¡E!I\
_,9,472 -3-
-")
~~7..:)..
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LAW OFFICES OF
BEST, BEST & KRIEGER
11'.'.I~I:lJiji;~B"lJjm~;;:llíl!;llj¡¡!I:I_Ji9Y~.¥i.
~~I'~;~¡_:II~:~~:'I!!t¡_~~!I~~!!~P!
~D!.tª.iPi§ijÇll'mmB$·EtlI~.,.j.",j~,.!IB)I
~¡.YB.ÎÎiBRœ!l.¡~¡:1I'.'jl,lîii,"'!I~.I~:§!¡~'~i
!lì~pimli;if!IÎ~.œ.I\;:iI~~~iI;..îBliîll!;jii
1'~~~j~I~!lI:~._.¡¡!{¡g¡III~:.".im;I'!,~.
1í,~.~~IÎ1!~.Iim.!i'l~;_i¡~I¡líiB~
l¡m¥,ff¡!!'m1~I¡!!;¡~jlJ'!!~!~¡¡:
11::.¡~~_i¡jHI~;H;lii~i.!'.ílÎ!!}I'~~II\_
..~"~ijlRBl!m_~i_][!lIIII!_'9.:_§¥;!~
l'iiliii;~!ñI:.~.g~~i";Ii~ii:.j.'IJ!i'if!mi~.
_!!::~_I!.~.~H!JE!t~:æm~¡.:I:I~!~!~j;g:~,:~
~!lI!.~ml§~~_il1l~g"Yî
(liD~!m¡j!ì!iR!]:~~H~'mií.',111'Î'_!¡IIi1I~
li~!!I¡~I.~¡¡;_n!il~ìIí'..æ.IDI1tI.i_!lB~
!li~,p~ml.li!!~!!~glm!;l.!!lij~'I'JìIí.~Î~Ii~
~~f
151952.3. "Lerislative B8d~fn as IRehlåÎR£ .~..d·¡is8f\· Redies
,;\3 u3ed Ïft ~9 ehapter, "legialttti-(e Baåy" 8:198 ilteludes any aWáse1')' eðlftm133Î6Ø,
aèvisery eeHlæHtee ef aàr¡iaef)' Bedy ae a leeal &geBey, ereatef! BY ehtuter, eftlinanee,
J'eseltlâeR, ef BY any simÜ8f' reræal aerieR af a legisI8â-¡e Betty af fft8æhef sf a legialaâ·¡e
BBåy Bf a leeal ageRey.
!Ieeâftgs af Mleh aàvisery e6fftfftia3isRs, eeHlæittees ef heElies e8øeemiøg 9Hhjeet9
~. hieh de Bet feflaÏ:re Ifl 8HfUBÍftat:ÏSR af feets and date. 8umide the tePlHery af *e leeal
ageøey shall Be helE! within dIe tel'l'itBry Bf the leea! ageøBy aøEI shall Be eptIlI 8ftd plfBlie,
and Betiee tftereef fRast he dew¡efeEI l'efSSBaIIy Sf ¡'y fRail at least 21 heØfS "elare the me
ef Stleh æeeâng te eaeh ,el'S8ft ",he has PeElØesteEl, in writiBg, øeâee sf 9Heh meetiøg.
If die atIrlisary e8l11lBisaieR, eslftlllHtee ar hady eleæi 16 J're~¡ide fef the heltliftg ef
Peglilttr æeeângs, it. 3haD J're·;ide BY hy1ø:vr.·s, aF BY whate·¡ef ether rule is ~ BY d1at
DMV191472 -4-
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LAW ~.. "I"-L~ .....
BEST, BEST & KRIEGER
è'¡isary hedy far ~e 86ødtlet ef it! BIiSÏDeSS, fer the âme anè p1aee fer ftsldiøg StieR ægular
lfteetÎftg~ . Þle ether ftsâee af regøl&f meeângs is reElUired.
"Legislative he~'" &5 defmed in this 58etiea de!! Ret iBelHde a eeææittee eempesed
selely af memBeps ef the ge~.. ðPÐÏftg Bedj· af a leeal ar;t'iisy whish are le53 than. a ElHSNftt ef
slieft ge~:efRing heå)".
The I'PlwisieRS ef Eeee6RS S19S1, S19SS, S49SS.1 1U18 S49S6 8IHtR Ret II ! !ly æ
æeeângs Hader this· seeâeø.
151952.5. Lepsl&tŸ;e Beå\· as IftehlElÎß~ PePfBaneøt Be8.fås ef CeæIBi9Si8ftS af Laeøl
. .
4 .~eftele3
1\5 IIse8 ill this ehapter, "legislative he~'" alae inelllElea, hilt is Ret limiteå æ, plBBning
e8ææi3sieø.s, 1ièPllf'). B8Màs, reereatieR eemæissieøs, anEI ether pePftlaBeftt he&fd3 8f
eeæmiaaisft3 sf a leeal &geftey.
&54952.6. Action Taken. Defmition
As used in this chapter, "action taken" means a collective decision made by a majority
of the members of a legislative body, a collective commitment or promise by a majority of
the members of a legislative body to make a positive or a negative decision, or an actual
vote by a majority of the members of a legislative body when sitting as a body or entity,
upon a motion, proposal, resolution, order or ordinance.
&54952.7. Conies of C~ter to Members of Lelrislative Body of Local A2encies
A legislative body of a local agency may require that a copy of this chapter be given
to each member of the legislative body !~i!!Y~in~.~¡~1!j!;¡_~~~
_!II,i\~Bí¡.'g;:.~,~~¡::.¡~!!~~~~m. An elected legislative body of a
local agency may require that a copy of this chapter be given to each member of each
legislative body all or a majority of whose members are appointed by or under the authority
of the elected legislative body.
DMV191472 -5-
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LAW OFFICES OF
BEST, BEST & KRIEGER
654953. Meetin~s to be Open and Public: Atteødlmee ~....
(a) 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, except as otherwise provided in this chapter.
(b) Notwithstanding any other provision of law, the legislative body of a local agency
may use video teleconferencing for the benefit of the public or the legislative body of a local
agency in coMection with any meeting or proceeding authorized by law. The use of video
teleconferencing, as authorized by this chapter, shall be limited to the receipt of public
comment or testimony by the legislative body and to deliberations of the legislative body.
If the legislative body of a local agency elects to use video teleconferencing, it shall post
agendas at all video teleconference locations and adopt reasonable regulations to adequately
protect the statutory or constitutional rights of the parties or the public appearing before the
legislative body of a local agency. The term "video teleconference" shall mean a system
which provides for both audio and visual participation between all members of the legislative
body and the public attending a meeting or hearing at any video teleconference location.
Thi3 i!leeâ8ft slHtR _MIl iB effeet IIfttil JentI8:I'Y I, 1991, &IIå 8ft dIttt å8te is l'eJ'e&letl,
IIme3s a later eBaeteEI Sf8àHe, ",,'bielt 13 eltll1'tereè ~efere.Jtul1lllfY I, 1994, delete3 8f e!fteftås
tilltt Elate.
(ç);;I§!i~m~~ii~f~_1~1~~g.!I!;)Y;~¡F!:~~:!~:pl!¡m_Rf:'fi~!¡
654953. L Testimony of Members Before Grand Jury
The provisions of this chapter shall not be construed to prohibit the members of the
legislative body of a local agency from giving testimony in private before a grand jury, either
as individuals or as a body.
654953.3. ReØstration. Be.. Not to be Required as Condition for Attendance by Member
of Public at Meetines
A member of the public shall not be required, as a condition to attendance at a
meeting of a legislative body of a local agency, to register his or her name, to provide other
DMV191472 -6-
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L.AW OFFICES OF
BEST, BEST & KRIEGER
infonnation, to complete a questionnaire, or otherwise to fulfill any condition precedent to
his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted at
or near the entrance to the room where the meeting is to be held, or is circulated to the
persons present during the meeting, it shall state clearly that the signing, registering, or
completion of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document.
654953.5. Ril!ht to Record Proceedinl!s;_9!!'R~~
l~~ Any person attending an open and public meeting of a legislative body of a local
agency shall have the right to record the proceedings t!lt-&-fim::"!!II.iIì~ tape
recorder !:I~!lI'"~Il!I!IHI!_. in the absence of a reasonable fmding of the
legislative body of the local agency that Stl~ recording !.~¡êi!i;~~_~I¡
iI.ìiI!.9i¡g,fIllÇfl9#ê~,}I\~~ constitutes, or would constitute, a ~9!
disruption of the proceedings.
I~Ri':.II~;fiij.êl.!IIm.Ii,§Yi::IJKHîl;lìli¡lq!\¡~r
mH:"IjII.~¡!I.;_!Š-;¡~!lY,!I:"I_;IIIIII~~~
tlml~~.Jjè~I~I!~~i~(~I.iI_M:I1~~.!ff!m¥~~
iBt_:~~¡Þm;¡¡_~~_!ì!&~A~¡m.Y[!iiìi!!'I'"EQ1î~~,º~Y~.~§~
.iämgi__ig~m~R~!~êÊ._,_.!iP!YJtIed
"jt-~iiªR'¡!;.~;~!Y~~I~!!¡i¥œ..::R~.¡
1~~~3;§¡::.'~ti~~~_~~ij:\i~
ti!\iJ~9iÎ:mgP!~¥iqmg~~~!i!~.I¡~.~'Pt1~~gs
iœ;!§~!lI~M~lj!~m!!ï.§~~~iìî,1g¡!I~'~I~~hout
_fi!JM!i;I!!~!I¡'·êÊ~~Ii.~'OO!~!!.~.!~9Ii!~~¡~~pttbe
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DMV191472 -7-
.3~?~
_ ____.__~ _m_..._.'__._,_~·_··_·_____·~_·_~____
LAW OFFICES OF
BEST, BEST & KRIEGER
654953.7. Access to Meetin~s ~yond Minimal Standards
Notwithstanding any other provision of law, legislative bodies of local agencies may
impose requirements upon themselves which allow greater access to their meetings than
prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected
legislative body of a local agency may impose such requirements on those appointed
legislative bodies of the local agency of which all or a majority of the members are
appointed by or under the authority of the elected legislative body.
654954. Rules for Conduct of Business: Time and Place For Holdin¡ Ref1Ular Meetinf:s
{~~iThe legislative body of a local agency shall provide, by ordinance, resolution,
bylaws, or by whatever other role is required for the conduct of business by that body, the
time .1. for holding regular meetings. UfIless ed1erwise Jlf'8\'ided fer in die aet slider
'II'hieh die leeal &gelley a~ fe_ed, lfteetiBgs ef die legislaâve 8eày lIeet! lIet Be helà wit-hiB
the Beslllle.ries ef the tePPÌtery ever 'II·lIit1h die leeal &gelley e!tel'eise~ jsÅ5åietiell. If at &BY
âme &BY f'8gølar Ifteetiftg falls ell a heli.day, sseh regølar Ifteeâng sllaY Be helà ell the lIent
htl~ine99 day. If, hy reASeB af fire, Aeeå, earthEtøalte sr ether efftergeøey, it shall he tlR9Me
æ Ifteet in the Jllaee åesigllllted, the lfteeâBgs Iftay Be held fer the dSMell ef the elfteFgelley
at sseh Jllaee as is designated BY die JlPe~iàiøg effieer ef die legislaw.'e Bedy.
1)~~;m~~~fj._!!~~I_'~!îìiI'!i.!_.
~~9!m!!EiiRY~imÇ!!~_E.j!iI~,ª~I~¡jIlI!l~Y
fj~~ì
..........--...,......--.............
~~1:_iil'i!mp')".~.~(~~II.li.!¡
~1[~~Pî~~I!mç~I~.lmI~:~gí!!!
~m!!.~~~~~!!li.!g~_,.~~~i.~¡
(~.!çœIllm_~~êç_~Iim~II(~~m!iBI.!I
~~~!lii~JIII.þy¡i~_¡:I9i_i_';I~~U~I!I...
.mElIi):.ilP~I~:~:!millll!lm:.I~IaII¡Ifi:.~I.
~.I·¡JllBilIE.~I~¥êI~glmt.!I~fll
~~!!~î
OMV191472 -8-
~~ '77
. --------- ----'-.'-...._----,,~- .-....---...""--.-....--
LAW OFFICES OF
BEST, BEST & KRIEGER
_*B_i_~_?i~I:::CJ_BBDBÍ_l!:!"~;~.ill1lR:}9~~~~
~.jU:%Ê:~I.iiJ¡îI.¡gl;¡..m:qm!!:;_æ:_'_il";.~~JIBØ~~
.1jj;,mi_;I!~ì9!;_~¡~I~1~!_!¡M'.j;1._~~
_E_11.[~~~1~~:~g~_~_;[
[t1;fJ.'{.~!II!~¡¡.~¡_II.i,_iîilî.ì·I"IMI~:'~p!
iIII,i";~~.;§î¡;.¡~~;i!_¡;lIì.!_¡!!lj&;ìi!lijk:I~~
R,~;;~;j¡~.;'~¡~¡@I;
.;;i~'¡.j.Ç!E9I!._i~I,"!lD1!¡.~t¡¡.!¡I;¡~:'~ðJïp,i1
__ì~~;;_;:~¡'IJ;~;¡B~~~¡~i~~;il]æ':I!¥m!!¡~R~!_g
õtMG;
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Jl;i~;1i1::.i:;.~¡:.:,;_jll1;p;]III~¡\..¡¡.IJì!II¡!!I~¡I!~q
1Mç¡;¡;li.:;~;:g¡~I:~!¡li!:~I¡:;;J,¡!,.!.,!:,·lI:.:~;II~Ëïi:¡!!¡~~·:··[SiC]
iift5;mtô!li1îij¡
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@~;!·~g:_.~¡!:~;.:ImII!,~j;;~~¡;ªJI~¡I~~~ìiC~t
1;:M~:ì.ì!!ll¡¡~;,j!l¡.,¡_~;j.:.'¡~)
IJ;'l¡!~}E_jl;_¡¡!I¡I_¡¡m~!ì::jlln2~!i
(1;:jM!!I~¡¡~I!_:œœ¡~!~i'¡:~!:i~~;~.:..l<oìl!~~
~.·rififj'~~"'D~~~'__··.~·~Øi:~1m1;:;!»qm~~·~!ïtP9Wm
__J~¡¡~~,~2:B~~;¡:~¡~;!;æx.I,;~_¡:¡aI;~¡~~~
~1~Ë~:~!¡i:g:·.¡tIiI1i!!.i¡f!l:~.~~¡
tt';1ì!.~;.\m!.g¡!I~~;¡U§I~¡;1!1,R!¡_~i¡¡I!.;.~~.~
~~;~.:..'1...1!¡.¡I..}¡§I~~J¡m;:.;tiI.¡illDlj.I.~
jj;~;_::R_~;II¡g:~:¡ªm~íí:;ø.,¡__:!_:I1,.:'§í¡.!._
i9:!~:!I.~'IIJI:j.j.I~:;~;i!~;;tê~_ß:lfg~~m:~
hiØIit'R;mNiïš'imeôììûmmiììfiõ.if?iviil¡bIè2ât5:fi~;
¡ .~..,:.¡...;. ..::.....;.: ..........:.>::.::.:........:. .:: ::. :.:. :':<':':":":.'. .....:..:: :.:.;.:.:..:.:.:...>:...::...:.:...:...¡:.....:.;.¡:.......::...:.....:.;......... .:.;.;:...:...... .:..,:.........:...:. ....;.:... .':":'.;~.'
DMV191472 -9-
3-7¿
. _. .. ..--_.~--_.. .~- -..~-~------ --.--- ~-~-----
LAW OF'F'ICES OF'
BEST, BEST & KRIEGER
&54954.1. Mailed Notice of Meetin2s. on Reauest Therefor: Chanre
The legislative body which is subject to the provisions of this chapter shall give mailed
notice of every regular meeting, and any special meeting which is called at least one week
prior to the date set for the meeting, to any person who has filed a written request for the
notice with the legislative body. Any mailed notice required pursuant to this section shall
be mailed at least one week prior to the date set for the meeting to which it applies except
that the legislative body may give the notice as it deems practical of special meetings called
less than seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be valid for one year from
the date on which it is filed unless a renewal request is filed. Renewal requests for notice
shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall not
constitute grounds for any court to invalidate the actions of the legislative body for which
the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the service.
&54954.2 A2enda: Postin~: Action g.î~_ on Other Matters
(a) At least 72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general description of each
item of business to be transacted or discussed at the meeting,~§;llim~
l!ii~~~· I~~~;~g~~!.~¥~~~~º!.;
The agenda shall specify the time and location of the regular meeting and shall be posted
in a location that is freely accessible to members of the public.
No action ~~.;~~~~¡m! shall be ~..!.!.' on any item not appearing on the
posted agenda.j~";î.~~I,I1!~I'I,¡.¥.IIØ¥¡'Iii!'lI'~ªi!I
m.i'·9M~~!œ§X;~!!!I~!~lj_iIII¡lilimi¡~§¡~;~.i!
a~~í~¡!I~~mIí.1II1ê.:!IB§'Iï;§t;IIRlilì1ø~m~el$l!p~ç¡
m~.Pt1;~.~!ì!'I.~ìflíY.'i~~lill~lB.y.~.ç~~1
mliil9!;m;~,f.~~qi'!!.:Ii.It,_!~¡iB!_i..Y
DMV191472 -10-
3-79
._ ._~M"..__.._.___._.__.__._...__.·_"._,__.._____·..
LAW OFFICES OF
BEST, BEST & KRIEGER
1!~:~t;m'~!!I;:~D~I~.¡;¡!;~!!i!;_~¡!I:!îi;~~
_i.¡g;M~~.ill~~!I!~ilìllêl.:!.il'~IIiIì~I!!!
~!~¡!
(b) Notwithstanding subdivision (a), the legislative body may take action on items of
business not appearing on the posted agenda under any of the feHewiBg conditions:-:!~Mìii'I
..............".
.................
~¡g~jI~~.Il~i..:E!II'I;:.~.IiI¡,!.';~~..M~.J~~
illlitiiiili:..¡
(I) Upon a detennination by a majority vote of the legislative body that an
emergency situation exists, as defmed in Section 54956.5.
(2) Upon a detennination by a two-thirds vote of the legislative body; or, if less
than two-thirds of the members are present, a unanimous vote of those members present,
that ~I!! need to take ml~!i!I,lIIí!!l:.".!II!;¡fI action It!eßc!,!!!'I'
DiIBII'!i?~'.'!_!;~ì~!I' subsequent to the agenda being posted as specified in
subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the
legislative body occurring not more than five calendar days prior to the date action is taken
on the item, and at the prior meeting the item was continued to the meeting at which action
is being taken.
654954.3. ÛJ!POrtunity for Public to Address Le¢slative Body: Reeulations
(a) Every agenda for regular meetings shall provide an opportunity for members of
the public to directly address the legislative body on any item of interest to the public, before
or during the legislative body's consideration of the item, that is within the subject matter
jurisdiction of the legislaûve body, provided that no action shall be taken on any item not
appearing on the agenda unless the action is otherwise authorized by subdivision (b) of
Section 54954.2. However, iB tile ease ef a æeetiøg ef a CHy e81111eil in a eHy eF a beard ef
lIIIpef\'isefS in a cHy anè eelllI~, the agenda need not provide an opportunity for members
of the public to address the eeII!lei!. eF è8llfè ~g!M on an item that has alread
...........,.....,....,..'....,.......;......','.........' y y
been considered by a committee, composed exclusively of members of the eelløei!. eF
belU'El_iiY!iM, at a public meeting wherein all interested members of the public were
DMV1914n -11-
3-(fÛ
-- - ----_._..._------~_._---~--_._-----._...~----
LAW OFFICES OF
BEST, BEST & KRIEGER
afforded the opportunity to address the committee on the item, before or during the
committee's consideration of the item, unless the item has been substantially changed since
the committee heard the item, as detennined by the eaYReÎl er Bearèl~yq_!~-ô'!
~~cji~m@!m~!Nì~!!!fi£Jl~W!;~R_.~I!!1î!tml'!~_~p!p:¥~
!i~.~~~_.~~.i!1ªª;I;~I_..~"H"aI¡¡Piii!l9i
.\:).\.~I;~ilî~lim:·
(b) The legislative body of a local agency may adopt reasonable regulations to ensure
that the intent of subdivision (a) is carried out, including, but not limited to, regulations
limiting the total amount of time allocated for public testimony on particular issues and for
each individual speaker.
~ç~':.Ii!!!!I'~alîI;~_iIII~..·iI!II\î!.~~~!lìn:~~
~lì"î!lf:19_!ì!i;_~ifi~~fl1l!~~~IjIî!~9!~
11~!!~F~¥¡~~!I!~!I!~iÞm~Ðêi~~_~;!!)jiimi~pr~g9P(Qt
~¡¡Pii¡pn·I!_Iì!~~ii,p~~~Y!!I;
654954.4 Reimbursement for Costs
(a) The Legislature hereby fmds and declares that Section 12 of Chapter 641 of the
Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs
mandated by the state pursuant to that act, shall be interpreted strictly. The intent of the
Legislature is to provide reimbursement for only those costs which are clearly and
unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of
the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved
in reviewing or authorizing claims for reimbursement, or otherwise participating in the
reimbursement process, to rigorously review each claim and authorize only those claims, or
parts thereof, which represent costs which are clearly and unequivocally incurred as the
direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for
which complete documentation exists. For purposes of Section 54954.2, costs eligible for
reimbursement shall only include the actual cost to post a single agenda for anyone meeting.
DMV191472 -12-
c;) - ð(
- - ........---.- ......-..
lAW OFFICES OF
eEST, eEST & KRIEGER
(c) The Legislature hereby fmds and declares that complete, faithful, and
uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of
overriding public importance. Unless specifically stated, no future Budget Act, or related
budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise
modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of
the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
~~~~I¡i~i~,~~~W~~_i~
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(~)rf~Im!i:li~_:~.ill¡~9~II~~~~~~¡~¡
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DMV191472 -13-
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LAW OFFICES OF
BEST, BEST & KRIEGER
or
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DMV191472 -14-
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SEST, SEST & KRIEGER
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654954.6. Public Hearinl! Reqµired Prior to AdoDtion of New or Increased General Tax or
Assessment
(a) (1) Before adopting any new or increased general tax or any new or increased
assessment, the !egislative body of a city, county, or special district shall conduct at least one
public meeting at which local officials must allow public testimony regarding the proposed
new or increased general tax or new or increased assessment in addition to the noticed
public hearing at which the legislative body proposes to enact or increase the general tax or
assessment.
(2) The legislative body shall provide at least 45 days' public notice of the public
hearing at which the legislative body proposes to enact or increase the general tax or
assessment.
(b) (1) The notice of the public hearing required by paragraph (2) of subdivision (a)
with respect to a proposal for a new or increased general tax shall be accomplished by
DMV191472 -15-
3 --l5Lf .
,. _.__._----,--_._----_...---_....__.._----_._._.._-~------"-
LAW OFFICES OF
BEST, BEST & KRIEGER
placing a display advertisement of at least one-eighth page in a newspaper of general
circulation for three weeks pursuant to Section 6063 and by a first -class mailing to those
interested parties who have med a written request with the local agency for mailed notice
of public meetings or hearings on new or increased general taxes. Any written request for
mailed notices shall be effective for one year from the date on which it is med unless a
renewal request is fIled. Renewal requests for mailed notices shall be fIled on or before
April I of each year. The legislative body may establish a reasonable annual charge for
sending notices based on the estimated cost of providing the service.
(2) The notice required byparagnph (1) shall include, but not be limited to, the
following:
(A) The amount or rate of the tax.
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax annually.
(D) The dates, times, and locations of the public hearings described in
subdivision (a).
.(E) The phone number or address of an individual, office, or organization
that interested persons may contact to receive additional infonnation about the tax.
(c) (1) The notice of the public hearing required by paragraph (2) of subdivision (a)
with respect to a proposal for a new or increased assessment on real property shall be
accomplished through a mailing, postage prepaid, in the United States mail and shall be
deemed given when so deposited. The envelope or the cover of the mailing shall include
the name of the local agency and the return address of the sender. This mailed notice shall
be given to all property owners by a mailing by name to those persons whose names and
addresses appear on the last eqllali7ed county assessment roll or the State Board of
Equalization assessment roll, as the case may be.
(2) The notice required byparagnph (1) shall include, but not be limited to, the
following:
(A) The estimated amount of the assessment per parcel.
(B) A general description of the purpose or improvements that the
assessment will fund.
DMV191472 -16-
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LAW OFFICES OF
ElEST, ElEST & KRIEGER
(C) The address to which property owners may mail a protest against the
assessment.
(D) If applicable, a statement that a majority protest shall cause the
assessment to be abandoned.
(E) The dates, times, and locations of the public hearings described in
subdivision (a).
(d) The notice requirements imposed by this section shall be construed as additional
to, and not to supersede, existing provisions of law, and shall be applied concurrently with
the existing provisions so as to not delay or prolong the governmental decisionmaking
process.
(e) Subdivisions (b) and (c) shall not apply to any new or increased general tax or
any new or increased assessment that requires an election of the property owners or
registered voters subject to the proposed general tax or assessment.
(t) Nothing in this section shall prohibit a local agency from holding a consolidated
hearing at which the legislative body discusses multiple tax or assessment proposals.
(g) The local agency may recover the costs of the hearing and notice required by this
section from the proceeds of the tax or assessment.
654955. Adjournment of Meetin2s
The legislative body of a local agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of adjourn-
ment. Less than a quorum may so adjourn from time to time. If all members are absent
from any regular or adjourned regular meeting the clerk or secretary of the legislative body
may declare the meeting adjourned to a stated time and place and he shall cause a written
notice of the adjournment to be given in the same manner as provided in Section 54956 for
special meetings, unless such notice is waived as provided for special meetings. A copy of
the order or notice of adjournment shall be conspicuously posted on or near the door of the
place where the regular, adjourned regular, special or adjourned special meeting was held
within 24 hours after the time of the adjournment. When a regular or adjourned regular
meeting is adjourned as provided in this section, the resulting adjourned regular meeting is
DMV191472 -17-
3. /(Y0
---...--- ---- ---" -~..._.._.._---_. ....-.-.-..-..-.......-.-,
LAW OFFICES OF
BEST, BEST & KRIEGER
a regular meeting for all purposes. When an order of adjournment of any meeting fails to
state the hour at which the adjourned meeting is to be held, it shall be held at the hour
specified for regular meetings by ordinance, resolution, bylaw or other rule.
654955. L Continuance of Hearin~ to Subseauent Meetin~
Any hearing being held, or noticed or ordered to be held, by a legislative body of a
local agency at any meeting may by order or notice of continuance be continued or recon-
tinued to any subsequent meeting of the legislative body in the same manner and to the
same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the
hearing is continued to a time less than 24 hours after the time specified in the order or
notice of hearing, a copy of the order or notice of continuance of hearing shall be posted
immediately following the meeting at which the order or declaration for continuance was
adopted or made.
654956. Special Meetin~s: Call: Notice
A special meeting may be called at any time by the presiding officer of the legislative
body of a local agency, or by a majority of the members of the legislative body, by delivering
personally or by mail written notice to each member of the legislative body and to each local
newspaper of general circulation, radio or television station requesting notice in writing. The
notice shall be delivered personally or by mail and shall be received at least 24 hours before
the time of the meeting as specified in the notice. The call and notice shall specify the time
and place of the special meeting and the business to be transacted. No other business shall
be considered at these meetings by the legislative body. The written notice may be
dispensed with as to any member who at or prior to the time the meeting convenes fùes with
the clerk or secretary of the legislative body a written waiver of notice. The waiver may be
given by telegram. The written notice may also be dispensed with as to any member who
is actually present at the meeting at the time it convenes. Notice shall be required pursuant
to this section regardless of whether any action is taken at the special meeting.
The call and notice shall be posted at least 24 hours prior to the special meeting in
a location that is freely accessible to members of the public.
DMV191472 -18-
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l.AW OFFICES OF
BEST, BEST & KRIEGER
654956.5 EmelJency Meetin2s in Ememency Situations
In the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a legislative
body may hold an emergency meeting without complying with either the 24-hour notice
requirement or the 24-hour posting requirement of Section 54956 or both of the notice and
posting requirements.
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage or other activity which severely impairs public health, safety, or
both, as detennined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
detennined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television station
which has requested notice of special meetings pursuant to Section 54956 shall be notified
by the presiding officer of the legislative body, or designee thereof, one hour prior to the
emergency meeting by telephone and all telephone numbers provided in the most recent
request of such newspaper or station for notification of special meetings shall be exhausted.
In the event that telephone services are not functioning, the notice requirements of this
section shall be deemed waived, and the legislative body, or designee of the legislative body,
shall notify those newspapers, radio stations, or television stations of the fact of the holding
of the emergency meeting, the purpose of the meeting, and any action taken at the meeting
as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in closed session
during a meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be applicable
to a meeting called pursuant to this section, with the exception of the 24-hour notice
requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the
presiding officer of the legislative body, or designee of the legislative body, notified or
attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall
be posted for a minimum of 10 days in a public place as soon after the meeting as possible.
OMV191472 -19-
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LAW OFFICES OF
BEST. BEST & KRIEGER
654956.6. ~
No fees may be charged by the legislative body of a local agency for carrying out any
provision of this chapter. except as specifically authorized by this chapter.
654956.7. Closed Sessions. License Aoolications: Rehabilitated Criminals
Whenever a legislative body of a local agency detennines that it is. necessary to
discuss and detennine whether an applicant for a license or license renewal. who has a
criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may
hold a closed session with the applicant and the applicant's attorney, if any, for the purpose
of holding the discussion and making the detennination. If the legislative body detennines,
as a result of the closed session, thatthe issuance or renewal of the license should be denied,
the applicant shall be offered the opportunity to withdraw the application. If the applicant
withdraws the application, no record shall be kept of the discussions or decisions made at
the closed session and all matters relating to the closed session shall be confidential. If the
applicant does not withdraw the application, the legislative body shall take action at the
public meeting during which the closed session is held or at its next public meeting denying
the application for the license but all matters relating to the closed session are confidential
and shall not be disclosed without the consent of the applicant, except in an action by an
applicant who has been denied a license challenging the denial of the license.
654956.8. Real PrQperty Transactions: Closed Meetin~ With Nel!:otiator
Notwithstanding any other provision of this chapter, a legislative body of a local
agency may hold a closed session with its negotiator prior to the purchase, sale, exchange,
or lease of real property by or for the local agency to give instructions to its negotiator
regarding the price and tenns of payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of the local agency shall
hold an open and public session in which it identifies the real property or real properties
which the negotiations may concern and the person or persons with whom its negotiator may
negotiate.
DMV191472 -20-
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L.AW OFFICES OF
BEST, BEST & KRIEGER
For the purpose of this section, the negotiator may be a member of the legislative
body of the local agency.
For purposes of this section, "lease" includes renewal or renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding a closed session for
discussions regarding eminent domain proceedings pursuant to Section 54956.9.
654956.9. Pendine Litil!ation: Cl!;Jsed Session: Abrol!ation ofPrivileee: Netiee: MelRBftlftåll1R
Nothing in this chapter shall be construed to prevent a legislative body of a local
agency, based on advice of its legal counsel, from holding a closed session to confer with, or
receive advice from, its legal counsel regarding pending litigation when discussion in open
session concerning those matters would prejudice the position of the local agency in the
litigation.
For purposes of this chapter, all expressions of the lawyer-client privilege other than
those provided in this section are hereby abrogated. This section is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant
to this chapter.
For purposes of this section, litigation shall be considered pending when any of the
following circumstances exist:
(a) }.ß adjødieat8ty pæeeeeliDg hefere a ee~n:t, MlBiRistæti·¡e hedy 8nereising its
aåjllåieatary &IItftarity, kear'.ftg affieer, ar arilÌUllter ,ÿP.~99f to which the local agency is
a party, has been initiated fonnallyt!
(b) (1) A point has been reached where, in the opinion of the legislative body ofthe
local agency on the advice of its legal counsel, based on existing facts and circumstances,
there is a significant exposure to litigation against the local agency:-*;
(2) Based on existing facts and circumstances, the legislative body of the local
agency is meeting only to decide whether a closed session is authorized pursuant to
paragraph (1) of this subdivision;,;
.p!!~¡lJm~.~:~~~~~I~î~~~.,...~mÇlj_.~~
9!!!.Y1J~9f~f9n9!f!Pi;
DMV191472 -21-
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BEST, BEST & KRIEGER
OMV191472 -22-
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LAW OFFICES OF
BEST, BEST & KRIEGER
litigation to be discussed, unless the body states that to do so would jeopardize the agency's
ability to effectuate service of process upon one or more unserved parties, or that to do so
would jeopardize its ability to conclude existing settlement negotiations to its advantage.
The legttl. eellllsel ehhe legislative l! eEl)" ef the leeal ttge1le)" shIIR I'repare &lid sllelRit
te tile BeEly a lRelReraødlllR staâng tile !lJ!eeiiie _081lS IIfttI legal. ltIftheri~ fer tile ele3eEI
5eSSieR. If the elesed sessieR is pørMl8ßt te søhdivi3isR ~), the æeæeflU1Eløæ skeH inehule
die title ef tile HHgMiell. If tlte elessel seSSiSR is pØfSaant ts søèdivisisR Eh) Sf (e), the
æeIBs11U1Elttæ shall i:neløtte the eitiMing faets and eÍfeølRMtmees 8ft whish it is haaed. The
legal esuftsel shaH søhæit the æeJftsPBndufft ta the Batty prier te the ele5eEI &easieR if
feasæle, and in any ease Be later than 8Re weel[ after the eleaed geSSieB. The ffteffl6l1tDåøæ
shaD Be e!lelRl't fl'EJlR diselesllfe pllfSllaøt te Seetiell ~251. L
Fer pørpsses ef this SÐeÛeft, "litigatieR" inelødes &BY aåjudieatsfj preeeeeliflg,
inelødiøg elBi:neM åSIBatn, hefere a eatlR, aåæini3traty¡e hedy enereising its atljtlàieatsf)"
attthafft}", hearJ1g 8ffl6er, ar aæitmtsr.
l~îi~I~~!l'l~.!q:!I~~_~IjI~~!~~~!îI~
I~Ÿ~~i1Ii§m.ÇI§tfim!}I!!Ii.~~~~!g¡Ij..~()iipt
_~~I~i1!1¡¡;çg~.~P!!§~ljfi~Hlly~gl.Ijì!Ð~._~i~~ftì:ij
~~~~~~Pf~I'f~êtN9Y_¡mPgi~pp!~,"Çlj~~~M~~~~
~1i~~~§jìi9!~~g~Mª~e~gpm!,i~êPpl!?:Ym~!!1¡
654956.95. Closed Sessions: Joint Powers Insurance Authorities
(a) Nothing in this chapter shall be construed to prevent a joint powers agency
fonned pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of
Title I, for purposes of insurance pooling, or a local agency member of the joint powers
agency, from holding a closed session to discuss a claim for the payment of tort liability
losses, public liability losses, or workers' compensation liability incurred by the joint powers
agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-
Insurance Authority fonned pursuant to Chapter 5.5 (commencing with Section 6599.01) of
Division 7 of Title I, or a local agency member of the authority, from holding a closed
DMV191472 -23-
3~9d
____ ~_.._.___ ___~..~. __"__..u._ ,_____._
LAW OF'FïCES OF'
BEST, BEST & KRIEGER
session to discuss a claim for the payment of tort liability losses, public liability losses, or
workers' compensation liability incurred by the authority or a local agency member of the
authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with respect
to any other local agency.
654957. Closed Sessions: Oi$Çli~~m IV _~q~_ "$;Ol)þ'açt~r; Exclusion of
Witnesses
Nothing contained in this chapter shall be construed to prevent the legislative body
of a local agency from holding closed sessions with the Attorney General, district attorney,
sheriff, or chief of police, or their respective deputies, on matters posing a threat to the
security of public buildings or a threat to the public's right of access to public services or
public facilities, or from holding closed sessions during a regular or special meeting to
consider the appointment, employment, evaluation of perfonnance,' or dismissal of a public
employee or to hear complaints or charges brought against suek thO employee by another
person or employee unless suek thO employee requests a public keai.ngsessíÓli. ASa
eo1i.ditioittohOlding· a closed . 5essiononSpecificCt>m )l'¡l!tiÎÒ1"~gesbrought against an
employee' by another . persoIÏ' or employ¡ C,thOëlnployæ· s1iaU tie.given v..littennotiCeof his
or benight to have ,thee:omplaintS orchaiges heard in ..nQpeiisessionrathetthari.a.closed
SesSion, which notiCe ,$haUbedefivOredtOthe ëlnploYeepersOllldlyor bymiülat least 24
hOurs bëforethëtinlli forh61ltilltthOsesSiQn;U Uotiee.'ÍS notgivonfàiJ.y discîþ1iÌti.l(y oiother
actionta1œni)y the Jegislative .~ ·.1Ig311i$t '.theëln¡>lO~·basedoiitbeS¡:ieclf'~. COß1plaints
or charges in the closed session shan be nun and void. The legislative body also may exclude
from III1Y slIektbat public or closed meeting, during the examination of a witness, any or all
other witnesses in the matter being investigated by the legislative body.
For the purposes ofthis section, the tenn "employee" shall øt*-include imöfficeror
ail Jndependerit '1;Öntract0rwho functionsasatl( ff.u:er~aneinplqÿeeþi!t ·ahaU. ttt?tinclude
anY ~ètted()fficla1;membërnfaf~~1Í\tiy~1xXti orOthëtil1cfePelident~tr.ictOrS: iN'otbing
iQ' this .·sccûoll sf1¡\U ]unit1oca.I offj.Cîals'ätJi1ityto,· hold .cloSedSesšiOJimêCtirigSpurwantro
Sectionsl46t ;~210~~ iu'I.d~Z1550fthe lIealth .. and Safety Code orSectioi1S37606and
DMV191472 -24-
3 -9 -'3
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LAW OFFICES OF
BEST, BEST & KRIEGER
~tæiª,~~~Y~~~~H~~8911~ª~~P~~99sl1¡¡lltIQt
mç!!i~9~!i~~~Rf~J~~\~¡¡''\i~;!~I>'~~ª~;f\I~jjf,i9r.î9~~;Pr~get.aøy-
pefSaR elected ta effiee, aT & !paiÐted ta 11ft afHee l:Iy the legislative l:Iad)' af II leealllgeøey;
I'æ~(iàed, ke.,;e:¡er, that ßSBeleeti-/e l'asitieftB sf eity lBanager, saliM}' aElmini3Ð1tter, eit'y
aäaPft6Y, eatlMy eSlIft381, ar a departmeftt head at ether similar aåæÏt1:i3tNtive artiest af a
leeal ageftey shall Be eeftsiåereå 61B1'leyee l'a8itiaft3; ed "f6vided ærtfter, tftat ft6fteleetive
pasitisfts af geøeæl manager, shief eRgineer, legal seHRse}, åistfÎet seeFeØU"y, &tuJitar,
8S:ieSSar, treastlPer af ten eeUeeter ef any ge\"efftfftsftØtl distPÍet sttPl'lying ser/Îees "..ithin
lintiteå hetlftdaries shall he deemed efttfJleyee p83itiafts.
tlatJHng Ïft thi3 eha"ter shall he eeftstmeå ta "FEr/6ftt any Baam, eeææissisft,
ealBJRiäee af ether 13eåy efg&f1Ìi!eå and ape_eEl BY any )JÄ:¡ate erganii'8tieø as àefme6 in
Eeetieft 54952 (rem helšing elesed 3essisfts t6 se8sider (a) mMters affeetiftg the R&tieR&!
æetn=ity, at fB) the apfJamtmsftt, emplayæeftt, e. altlatieft sf l'effaftRanee at disæÎ3Mtl af an
efftl'layee at te hear eemftlaiftU at ehttrges "reHght again3t Mleh eJHftls)'ee èy anather )'epseft
at empleyee tlRless sHsh empleyee feEtØests a "øelie hearJlg. 8øeh heely alsa may eneløele
116m any sHeh pttèlie sr ele3eElæeetÎftg, åHfÎftg the eX8.f8inati8ft af a .,;itft8SS, any sr all ether
WHft8S5eS tø the ætiter esiftg invexigateEI BY !he legisltttive heày.
&54957.1. Closed Sessions: Public Re.port of ~Bla\"lßet1t Decisions
(~XThe legislative body of any local agency shall publicly report ì!i'!ý~@C~ÍII
Ç!9~·.~i99¡i.iì~~~~~.~~~§ì'i,~··..·.p~ÞX~e!:ìi;1~~q:¡lfpªª,\¥~¡&t tile plll:llie
ffteetiftg 8t1fÌftg wkieh the elased sessieR is held Sf at its 8eM 1''tI\:JJ.ie meeting any aetiÐft
talteft, and any fell eall ~¡ete thereeR, t8 &fJpeiftt, Ðmpley af dismiss a pHBae eæfJleyee arisiRg
etlt af any slesed Se33isft af!he legislative hsày.
(~)~my¡gipfÌlii.....~~ffl~..·.~m~\~F~!§~~mg!mpt!ì!'¡~~~ ··to
~~¡99~~$~¡~~~µ~~~~~~t~~~m~P!~!'m!ji~.¡i~~~P'\¥8
~ (~1ª"~~p,\¥q~~~~~¥.~_~~~1!m~§>ê!t
_.~;andthêISûbstâîic¢ófüi~.ì!iiêé~ñí~$.~I.(U\t\p!!bUêjìi~
_",.",.,.,,:,:.,::,:.:.,::.:...;.._.:_:,;.::,:.,::,:::::c:.::,,::::::::_,:,.:,,::,:::,,_,',_:',.,::.,::',:::::,::",:::,:::":",,:_:>,::::,,,,::,_:_:.:.,_..,.:.,.",::::,:,:"::_"":_,,,,:,,.,_:_::.':':.:.:_:.:.:':.:...._.:.:::",:,.,:,;:_.:,:>.,-:::,:-'.:':.":':."":"',.:.:.,...:.:..'::__.::':'.'::.'.'-:".'."'-:-":.:',':.:,:-,.,.:.:.,.,.,./«:-,:,.,.:.,.::,',.,',.:.,.,.:.":,:.,,:__.,.,.:.:.,.:.,.,.::,:,.,,,',-:-:.,.,',.:.:.:.:.:.,.,.:.,.,.,..-:.-:.:.':'.
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DMV19147Z -25-
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l.AW OFFICES OF
BEST, BEST & KRIEGER
DMV191472 -26-
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L.AW OFFICES OF'
BEST, BEST & KRIEGER
DMV191472 -27-
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LAW OFFICES OF
BEST, BEST & KRIEGER
·(~'~ªi~9pffir~j~i)'...~.....··~~ª1OO;..·~t1;Y;Pf~~~~m~~~~.··Í1'\a.Ybe
~œ~ÞY9t9ii~ªf!íl!Y~Í1'\P!9Yþi;i9j!f(:\Jjij~j!~P!9Y~'!f¡,m~i~~b.öJtla
~ç~~j~m~i:ljiby~'¢ti~~Y~~Y~!mmqn~ǧÍ1'\i!JYw!t~îWî~qp;
654957.2. Minute Book Record of Closed Sessions: In~tion
(a) The legislative body of a local agency may, by ordinance or resolution, designate
a clerk or other officer or employee of the local agency who shall then attend each closed
session of the legislative body and keep and enter in a minute book a record of topics
discussed and decisions made at the meeting. The minute book made pursuant to this
section is not a public record subject to inspection pursuant to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 70fTitle I), and shall be kept
confidentiaL The minute book shall be available only to members of the legislative body or,
if a violation of this chapter is alleged to have occurred at a closed session, to a court of
general jurisdiction wherein the local agency lies. Such minute book may, but need not,
consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative
body all or a majority of whose members are appointed by or under the authority of the
elected legislative body keep a minute book as prescribed under subdivision (a).
654957.5. A~endas and Other Writin~s Distributed for Discussion or Consideration at Public
Meetin!!s: Public Records: Insnection: Closed Sessions
(a) Notwithstanding Section 6255 or any other provisions of law, agendas of public
meetings and other writings, when distributed to all, or a majority of all, of the members of
a legislative body of a local agency by II ftleæBer, emeer, eftlfll8yee, 8r Rgellt 8f 911eR beày
~YP!î~Ç9mi19~9ß'!f:~qêÍ1'\~~j!ci~j~¥í discussion or consideration at a public
meeting of 911eR @ibody, are public records under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1); &9 98811 liS
àiMribllteå, and shall be made available pursuant to Sections 6253 and 6256 îi1~9!~!~ý·
However, this section shall not include any writing exempt from public disclosure under
Section 6253.5,6254, or 6254.7.
DMV191472 -28-
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LAW OFFICES OF"
BEST, BEST & KRIEGER
(b) Writings which are public records under subdivision (a) and which are distributed
pfier te eeffilfteReeæeøt ef4µg¡îg a public meeting shall be made available for public
inspection lI 3eR feIIIIest IIÄer te eeælReReelReRt ef SIIeh lReeân~~m~~ª"t5~
§¥~!ççÌl!Y~9{~e!fií#lp!;~~~~ªys!if9¡!.Y¡iPF~~~~~gRplmt~fJy
~~~~ø;
(e~ ~'ritings whieh Me ptlBRe PeeSMS HRder 3t1Bdi-lÎaieR ~~ and whiek are dbtriØtlted
dHriBg a pHelie meeting and )Jfi8r ts esmæsReeæeBt sf their diseøssisR at Mleh æeeång shall
Be maåe w¡ailaèle far pHelie Ïß:¡peetieft prier t8 eemmeaeemeøt af, and daring, their
åÏaeHssieø at stiek meeting.
(d) Writings -~\'hieh 8fe "Helie reeerå3 Haåer aøl3di-lÏ3Ì6Ø Ea~ aød wbieR are dÎ3tÅèt1ted
å1:lring their åÏseHssisR at a )JHÐ1ie meeting shall he made a·~1Hlahle fer )JHBae inspeetisR
Ífftftlediately af 8S 36eR thereafter 85 is I'fBstieaele.
~çl Nothing in this section shall be construed to prevent the legislative body of
a local agency from charging a fee or deposit for a copy of a public record pursuant to
Section 6257. The wÅâflgs E!eseÅèeEI iø sllMi..-isieRs E\!), (e), and (~ life subjeet te the
reElHÎ:reffteftts ef the Califal'lliti Pu¡'lie Reeel'tiB Aet (Cilllpter 3.5 (eeææellemg with
SeetieIl62SG), Dhisiell 7, Title I), !tilE! sliBEÜ."isiells E\!), (e), !tilE! (~ shllH lIet Be eellstmeEI
t6 eneæ)Jt fPeftl "Helie Íß3I'eetisø any reeertl ee-¡efeEI BY that aet, er ta 1iœit tRe pue1:ie' 3 fight
te inspeet any reeefå feElHired ts he diselssed hy that aet. This seetisR shtil Ret he
eaBMftled te ee &l'l'lieaele ta any wfitiBgs salely t1ee&tl3e èey are I'f5pef1y åi3etl33ed in a
eleseEI !lessiell ef a 1egislilâve !lady ef the laeal ltgeRey. ÞIething in this ehal'tef 3bftH he
eSß3trued te feEItIire a legislative heEl)" af a lseal egeøey 16 plø.ee ftfly paid aå"i"ertÏaemeRt sr
MY stRef paid astiee in any f)ÐèlieatisR.
(4)_~¡9ij~~~P9t!l~~~glj~ª"Þ.f~!!Y~:p!!§µç;~n~!9~~
..............rê¢òfdûÜ'êd tiêðíSC:rSêdiiñdêfUiê·· ......... .... '.' .. ... ðfthCäJit1'Pûb d
.......... .' .... ..... ." ..... .t(i... '.. ..s·· ...... .. .. . ..' .... .. ....... ...... ..... ..... ... ....... ······Ii"Rêtô
..y....................................~.........................·.I......I.........·..·...·...................·..R...........I......·.....·.............{.......·...._~~II..·.........L......~L·..····.....·...........91ilm~............................ç........ ................~.. ~
g~~!!ip~~~ì~!Çê~g~I!m~I~\I~1~º~ê~If~~9æR~_~)ì~RnW!iw.~~
Ç~!P~~;~~i'~~lñi~i~Y§~yg~~~~~~lp.~¥~~
!mx~e!ïiy~Ji.ªfMillïiyi:m~~êI~¡
ft) "Writingtl fer I'tlpp8:te3 af tm3 seetieR me&f1S "writing" &3 åefmed tlø.der
Eeetiell 6252.
DMV191472 -29-
¿-1·· 'Ii
0..- ,,__...~_m...____ ..u_.._~_._....____.___·.._~
LAW OFFICES OF
BEST, BEST & KRIEGER
654957.6. Closed Sessions: LeI!Ìslative Body of Local Al!encies: Salaries. Salary Schedules
or Frin~e Benefits: Mandatory Subiects
(a) Notwithstanding any other provision of law, a legislative body of a local agency
may hold closed sessions with the local agency's designated representatives regarding the
salaries, salary schedules, or compensation paid in the fonn of fringe benefits of its
represented and unrepresented employees,.¡{~~~~Þ!?Y~~i~¥~m~~~r
wlmi~!f!I~m.¥æ~~~I_~~qpi Closed sessions of a legislative body
of a local agency, as pennitted in this section, shall be for the pUIpOse of reviewing its
position and instructing the local agency's designated representatives. Closed sessions, as
pennitted in this section, may take place prior to and during consultations and discussions
with representatives of employee organizations and unrepresented employees.
For the pUIpOses enumerated in this section, a legislative body of a local agency may
also meet with a state conciliator who has intervened in the proceedings.
fè) 1ft atlåitiaft te the elesed sessiefts atftheMed hy aøèèi-¡Ïsisø ~~, the legisl&tive
lIaày, aa àeRBeå lIy SeetiaBs Si9S2, Si9S2.2, Si9S2.3, eà Si9S25, af a pHillie ageB€Y, as
àeEifteà lIy slIMÏ'lÍsiaB (e) af Se€tieB 3501, HIltY helà elaseà sessiafts with ita àesigøateà
repæsefttftti les eft IBftftŠMEH'Y aøBjeets .,;iHH:n the 3sepe ef lepresefttetieø sf its repre5eRteå
effil'¡eyees, 8S detelftlined ptlPStIftIlt te Seetieø 3301.
(Þ):§9î~~~!Igµ~~qp¡~~¡;mj~!9~j~_~!mP[;~f9~¡iþ
W~~~9f:~~9!WI¡iþ~9ti¡mî!mÞ!9y~~~.gm1H~¡my
~~~~§I~im!mì:!!~I1!1!!ii~~U~g)i¡I!~i~.ii~!9¡~
~~~~q~~~'P9~~§1m~~!iè~qp.~~I~~!!~~jg.~ßm~è{~!~
~)~~yj!j,!!§!~fm'i~¡~ì:!ª!pgÞ!i9P~j~;9~I:!B(: g~
654957.7. Closed Sessions: Statement of Reasons and Lel!al Authority: Sco.pe of Coveral!e:
Notice
(@) Prior to ar after holding any closed session, the legislative body of the local
agency shall state the ge8eral reø.se8 af Pe8.Sa83 fer the eleaeEI geBi3i8Ø, aftEI may site the
Bteftlter)" fttl~aåty, ineltldiøg the ~eeifie aeeâeø 8ft8 stlhtlb-i3ieR, ar ether legal fttlthefÌt)"
IIMer v.'hi€h the ~es3ieB is lIeiBg helà. di!Jê1ó$èiíiåri.Iiíî~'diêitêiñõriite¡ôStôþe
';.·:::;.:".,.:.::-:;:::::;.>.,-·.:.::t.:::.:::::.<,::::.:..:,:.;::::::::;.,'.:.::;.::-::':'::::::::;':::::::':':::;::::;::.::;.:':.....:t:::::.;::::'::::::::;::::.:::::;::;:;:c.:-,:,.,:::,,:::.:::::::;:::::.::;.:::.:.,::.:::.:,;-:-:;:::::.;::::.::.::
DMV191472 -30-
¿; /(7)
_"·...·M ...__._-_._--.----.._--_.,-~---_..._-~--~-----
LAW OFFICES OF
BEST, BEST & KRIEGER
~!9}m~~;~J9~iEI.~~.~~Y.~§~f9.9P~.m~~JP§Jte~
9f~§m~~JP~í~lj~~!!IYn9m~f.9f~~1mî~~i!#~œ;Þ'~~~~!>iI;tbe
~¥§~!ilY~i§ii\BIW.~!t~a§i~;g~i!i~9~ti9t1!ì.*
~mì~~9t~.~~~·9!mr9~~p~1;!~~~Y~~~f~
~;
1~~I!ì~~~~êP¡îlj~:Iàj,æ~}ii!4)iM.~I!i9if~ii~9B:~q*
Dr~!!9~m~:~~~.~!w'¥9!~'9~~Þ¥~~~~7;~9f~()J1
~m~ç~~~$i.!ì,;
~Ç)m~i9m~~~î9i\'!M~~W-~~PP~~!9p:¡i~~!>n
q¡ÎYi!Yî~~~.t~~~.ªÇit.I~9ìii~!ê;m:!Çt9~i~9iì]i.~!,9ijS'~~
1ì~1í1~~~i\;~~IØi!~WI~9!:~ìli9II~\n~
119:9_~9~·i·:\.:. IR!he eleseå sessieR, the legislati¡e hefty may eeRsÏEler enly ~ese IBMter~
ee~¡efeEI Ïfi ita Metemeftt. 1ft the ea3e af 3peeittl, aåjeøPRed, Mlå esBtÎI1øed æeeât1ga, me
stetellleftt ahall Be Made a3 )'m 6f tile Retiee )'revised far !he apeeial, afij6t1PRed, 8J
eeøtÏByeEl æeeâøg. ÞJathing in mis 5eetiea sh&ll fetttlire af a1Hheme the giving af øames
6f etker inf8ffBati8ft ."..melt W6t11å e8Rsâfute an. Ïfi~;a3i8R effJw1aey 8r Mlts"-'ise 'tI.nneeea~y
divulge tile p8rtiSylaf faets esfteefftÍøg the els!Jeå sessisft.
654957.8. Closed Sessions: Lel!islative Body of a Multiiurisdictional Drul! Law Enforcement
Aeencv
Nothing contained in this chapter shall be ~onstrued to prevent the legislative body
of a multi jurisdictional drug law enforcement agency, or an advisory body of a
multijurisdictional drug law enforcement agency, from holding closed sessions to discuss the
case records of any ongoing criminal investigation of the multi jurisdictional drug law
enforcement agency or of any party to the joint powers agreement, to hear testimony from
persons involved in the investigation, and to discuss courses of action in particular cases.
"Multijurisdictional drug law enforcement agency," for purposes of this section, means
a joint powers entity fonned pursuant to Article I (commencing with Section 65(0) of
Chapter 5 of Division 7 of Title 1, which provides drug law enforcement services for the
parties to the joint powers agreement.
OMV191472 -31-
3/ I ù?)
LAW OFFICES OF
BEST, BEST & KRIEGER
The Legislature fmds and declares that this section is within the public interest, in
that its provisions are necessary to prevent the impainnent of ongoing law enforcement
investigations, to protect witnesses and infonnants, and to pennit the discussion of effective
courses of action in particular cases.
654957.9. Authorization to Clear Room Where Meetin~ Willfully Intemmted. Etc.
In the event that any meeting is willfully interrupted by a group or groups of persons
so as to render the orderly conduct of such meeting unfeasible and order cannot be restored
by the removal of individuals who are willfully interrupting the meeting, the members of the
legislative body conducting the meeting may order the meeting room cleared and continue
in session. Only matters appearing on the agenda may be considered in such a session.
Representatives of the press or other news media, except those participating in the
disturbance, shall be allowed to attend any session held pursuant to this section. Nothing
in this section shall prohibit the legislative body from establishing a procedure for
readmitting an individual or individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
654958. Awlication of Ch¡¡pter
The provisions of this chapter shall apply to the legislative body of every local agency
notwithstanding the conflicting provisions of any other state law.
654959. Penalty for Uftlawful Meetillr:v¡.{\1åY()9~¡P'WI~œJ'fri.~
Each member of a legislative body who attends a meeting of ~legislative body
where action is taken in violation of any provision of this chapter, with kIIawleàge af me filet
that the Ifteetillg i3 in vialtttiell thereef, ,«~~~!q!:IP!y~P'IRP1ªçl1fflf9ì!~ion
~W'mç~!~~~I~~~çlp!~i is guilty of a misdemeanor.
654960. Action to Prevent Violations or Detennine Apnlicabilitv of Chapter
l..Jl)" mteæ:iteå l'et'Seø may e81BIBeøee an &etÏeø hy æandtuBtls, iBjHRetisR fir
deelaœtePy relief far the I'tlIt'a3e ef 3t6pl'ing er I'l'e'ieøttRg vieltttiall3 er thfeLtteøeà ,¡61a
DMV191472 -32-
/)
,..;,.-/û)
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L.AW OFFICES OF
BEST, BEST & KRIEGER
tieRs af this eh~f ~y ftleæ~efS sf the legislative 13eåy sf a lseal ageftey SF ts åetefffiine
die BwlieaBiHty ef this eilllpte1 te aeHel!s e1 tilfeatelled mmre Retial! ef tfie legi31lltiye l3eEly.
DMV191472 -33-
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d./ I [,:}
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LAW OFFICES OF
BEST, BEST & KRIEGER
~ªJ~m;IiI¥!~I!ê~g~~~~~;~~~~~~~i~
Y¡9mî<mPf!li~çt~m~çI9f.9i~!9P;
(~i~~~g~~I.æM!ii!ii~w§f!lim~m¡~~-~-~~~.
t2~l!îi~t~~RRm~¡~~~~m~ç¡fiim;~!1!~~g}9f
~'~íllI!1§f~jÇJ2!1i~~~ª~~îq~~.i~gmi
(~~il¡~q~.H!!.~i~¡..ì!i_l.~~~~~!9f~
_Pì§lqj~iPii9IMª"~.'¥læ_ý~~ii.."§fí!l~tjg~¡¡§P.
~¥~§I~~~¡!~;B9~ì;t;.¡H!!!!~¡I~g¡m~!~~~~~gpt
9f.iltti!1!1!!i~&i!~~Ë~~i~I~§i;
(~)I~~.~~~qg~i~!œm~~...!I.~\!m.!:!i~îi!ii~ì!:!
p~l\;qj~m~¥l!fI.î~j
654960.1 Unlawful Action by Lelrislative Body: Action for Mandamus or Iniunction:
Prereauisites
(a) .igËfi.M¥2~~yinterested person may commence an action by
mandamus or injunction for the purpose of obtaining a judicial detennination that an action
taken by a legislative body of a local agency in violation of Section 54953, 54954.2,~~2~4;?,
54954.6, or 54956 is null and void under this section. Nothing in this chapter shall be
construed to prevent a legislative body from curing or correcting an action challenged
pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the 4j~!}ª
~.~interested person shall make a demand of the legislative body to cure or correct
the action alleged to have been taken in violation of Section 54953, 54954.2, M~t!-i~,
54954.6,or 54956. The demand shall be in writing and clearly describe the challenged action
of the legislative body and nature of the alleged violation.
The written demand shall be made within ~ys from the date the action was
taken .iií!lili<m:II)~~~_Iæ~.~,~I¥Il!.!I§.ìlB~~4¡g¡H!!
1!ii!;e.~iM1~~~~î!j!l~~tR!f!~g1l¥!_gl:l.~99!~
~i,I; Within 30 days of receipt of the demand, the legislative body shall cure or correct
the challenged action and infonn the demanding party in writing of its actions to cure or
DMV191472 -34-
;: - /03
_,,_~_~_,_no'__ ______'_''_.__'__~_" _'_"_
LAW OF'FIC£S OF'
BEST, BEST & KRIEGER
correct or infonn the demanding party in writing of its decision not to cure or correct the
challenged action. If the legislative body takes no action within the 3D-day period, the
inaction shall be deemed a decision not to cure or correct the challenged action, and the 15-
day period to commence the action described in subdivision (a) shall commence to run the
day after the 3Q-day period to cure or correct expires. Within 15 days of receipt of the
written notice of the legislative body's decision to cure or correct, !I~!ê!~!I£R~f.
9!ì¥!II;I~!lY~m the expiration of the 3o-day period to cure or correct, ar Rat te ellre ar
e6l'feet, witktR IS IIItys ef af 1\'ftIùn 7S El&ys fPElIft ~ åMe tile ehalleøgeå &efteR 1\'&!! klkeø,
whichever is earlier, the demanding party shall be required to commence the action pursuant
to subdivision (a) or thereafter be barred from commencing the action.
(c) An action taken that is alleged to have been taken in violation of Sections 54953,
54954.2,~!~~i?54954.6,and 54956 shall not be detennined to be null and void if any of
the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953,54954.2,
m541$; 54954.6, and 54956.
.....................
.................-...
(2) The action taken was in connection with the sale or issuance of notes, bonds,
or other evidences of indebtedness or any contract, instrument, or agreement thereto.
(3) The action taken gave rise to a contractual obligation, including a contract
let by competitive bid 9~~!îi!'~¡~9!!!~~~~m~!~rn¡:9~~"Ð'íi!:~~(jt
Q¡9!~Û9W!!!~!, upon which a party has, in good faith MN~i_p_m~~~
11~~II.~~~.!?~f detrimentally relied.
(4) The action taken was in connection with the collection of any tax.
(~,m!-¥î!œ#i!tti~~_!Yi~¡~!~¡BfiiY~~¥íi~!8lji¥~i99
9!'1~il!!i._l1ijiii~II!~..!i~,)I1~·;·~i~¡~g!i~~?~;
1§~9!\~_ì~.~!I'l1iilí~¡i!![íi(ii.gj!~~ñ!¡I1!i!!gªm~gii¥~
1!1!~¡;.:¡¡I~~.~ç.IIi~~g~~!Pq~§!i_~lj:~~!iž~lí'!!ìð~
t6~~g¡¡twJiit11ìtñô~_,þ¡.u;t1ìêjti~mWâijØôl'iêêd_t.îöseaiði¡
.,';',',',.,',',.,',.,',',.,',':':';.:;;',.:',:,';',.,':"-"':""'-...'",':,:.:.,',:,:,::.,:;::.,:::,::,,;":,,.,::':.:::.,.,.,.:.,:,;,,;:,.:::::.:.,':.,:,::',::.:.,::::,,':.:;::,::.,::::.,::::.,:::::,:,.,:,::.,::::.::'::.::;:.':':::':'::.;::':::"":;"::';':.':;::.:';'::,:;::::';:",:,:::::,::'::.....;:::::,:;:",:;:,:,:::::':;::':';:::;';:::::;:::::;::::';::';:::::;"'::..::':"':'::;':':';::::':::':::':'::;':::':::':'::::":::,:,;,:::::::,::::;::::,;:,,:,;::::,:,,::::;:
1t\~~!~¡~~~glgl:~:~ìl¡II9I~IIII.I.:I'.:~.
ii"iI~i~~~~9¡I1Þ~I.,~I'I~~1I9#.~1
@ii-šii!!i!ªmrfg~g~_~~I~~9i~;
DMV191472 -35-
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LAW OFFICES OF
BEST, BEST & KRIEGER
(d) During any action seeking a judicial detennination pursuant to subdivision (a) if
the court detennines, pursuant to a showing by the legislative body that an action alleged
to have been taken in violation of Section 54953, 54954.2, ~~~~¡~. 54954.6, or 54956 has
been cured or corrected by a subsequent action of the legislative body, the action fùed
pursuant to subdivision (a) shall be dismissed with prejudice.
(e) The fact that a legislative body takes a subsequent action to cure or correct an
action taken pursuant to this section shall not be construed or admissible as evidence of a
violation of this chapter.
654960.5. Costs and Attorney Fees
A court may award court costs and reasonable attorney fees to the plaintiff in an
action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative body
of the local agency has violated this chapter. The costs and fees shall be paid by the local
agency and shall not beCome a personal liability of any public officer or employee of the
local agency.
A court may award court costs and reasonable attorney fees to a defendant in any
action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in
a final detennination of such action and the court fmds that the action was clearly frivolous
and totally lacking in merit.
654961. Meetin~ Places: Discriminato\)' Admission Policies:_~BI
(,~No .~'~.¥I;~local agency shall conduct any meeting, eel\ÍePeftee, er
EMiler æRæeR in any facility that prohibits the admittance of any person, or persons, on the
basis of race, religious creed, color, national origin, ancestry, or sex, m¡1.ì~~~~
1~~R~_¡îi1;liñí~î!i'oo~!!Rg¡îì'Yi!\mmi!~~_~I~ÎÍ;
Pi»nau;¡at'm~¡ This section shall apply to every local agency as defmed in
.,.,.:.;..-.;.:.:.:.:.:...:.:.:-:-.-,-.-..:-,.:.:.:.;-'.:".:':':.:...'.:.:.:.:.:.:':.:.:.;.:.;.;':.":'..":.,.: Section 54951, 51951.1, er 51951.7.
11Iq~fU~!¡g¡~¡I~:¡.~.p...~i~
.m~j¥_štì~~RfI!~i!m~~î~!çt§~~Iª~~~
ßi!!ly!i";gP!g;!"!M:giÝg!YI~!~;
OMV19147Z -36-
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LAW OFFICES OF
BEST, BEST & KRIEGER
&54962. Closed Session by Le~slative Body Prohibited
Except as expressly authorized by this chapter, or by Sections~t1§!p2106, and 32155
f h Health d Sati CodSèêtió376068376243ôfthêßôêìûØôdii
o t e an ety e 2t..........·...........~..i.;.............Ii..r..........·....kI....i.............·;...·........x~............rrr....\...·.............·· as
they apply to hospital districts, ê!\!i¡m.y:~PIi.:~~~g~()
~~!í!ì~IE~Iª;e!iYm~._¡no closed session may be held by any
legislative body of any local agency.
DMV191472 -37-
;:;;- /Öb
_n...,."__._.__· _ __ .-'W"U ...,....._~__ ....._.____._______..n.__".