Burbank City Council
January 30, 2024

CITY COUNCIL

HANDBOOK
2023

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2 1 Interaction with City Staff/Officials................13 Overview.................................................................................................................13 Council - Manager Form of Government....................................................13 Council/Manager Relationship.......................................................................13 City Manager Code of Ethics............................................................................14 City Council/City Attorney Relationship......................................................14 Giving Direction to the City Attorney...........................................................14 Roles and Information Flow..............................................................................15 Dissemination of Information..........................................................................15 Magnitude of Information Request................................................................15 California Public Records Request...................................................................16 Staff Relationship with Advisory Bodies........................................................16 Restrictions on Political Involvement by Staff.............................................16 City Council Meetings.......................................17 Meeting Schedule...............................................................................................17 Special Meetings..................................................................................................17 Placing Items on the Agenda..........................................................................17 Ceremonial Presentations at Council...........................................................17 Helpful Hints about the Dais...........................................................................18 Order of Business.................................................................................................19 General Procedures.............................................................................................19 Discussion Points..................................................................................................20 Other Protocols.....................................................................................................21 Voting Procedures............................................................................................... 22 Noticing and Advertising..................................................................................22 Open Meeting Laws............................................................................................22 Minutes....................................................................................................................23 Video Recordings............................................................................................... ..24
Leaving Office....................................................24 Filling Council Vacancies...................................................................................24 Additional Training & Resource Materials.......25
League of California Cities..............................................................................25 International City Management Association...........................................25 Institute for Local Government................................................................. ...25 Introduction & Overview....................................1 Overview of Basic City Documents.................................................................1 General Authority & Responsibilities..............2
City Council Roles and Responsibilities.........................................................2 Role of Mayor and Vice Mayor..........................................................................2 Signature Protocol................................................................................................3 Ceremonial Functions..........................................................................................3 City Council Reorganization..............................................................................4 Appointment of City Manager and City Attorney.....................................5 Role in Disaster.......................................................................................................5 Appointment of Advisory and Decision-Making Bodies.........................5 Boards, Commissions, and Committees Appreciation Dinner..............5 Council Liaisons to Boards, Commissions, and Committees.................5 Support Provided to the City Council..............6
Staff/Clerical Support...........................................................................................6 Meeting Rooms......................................................................................................6 Council Member Office Rotation.....................................................................6 Council Member Parking....................................................................................6 Council Member Keys and Building Access.................................................7 Electronic Devices.................................................................................................7 Agenda Packets......................................................................................................7 Mail and Deliveries................................................................................................7 Compensation and Benefits.............................8 Council Compensation/Benefits......................................................................8 City Credit Cards.....................................................................................................8 Communications................................................9 Overview....................................................................................................................9 Correspondence from Council Members......................................................9 Responding to Public Complaints....................................................................9 Speaking for “the City” ...........................................................................................9 State Legislation, Propositions ...........................................................................9 Business Cards..................................................................................................... ..10
Council Member Photos/Bios.......................................................................... .10
Conflicts & Liability............................................11 Conflict of Interest..............................................................................................11 City Attorney Conflict Advice.........................................................................11 Conflict of Interest Forms................................................................................11 Liability...................................................................................................................11 Harassment...........................................................................................................12

TABLE OF CONTENTS

TABLE OF CONTENTS
Ethics Training.....................................................................................................12 State of the City .........................................................................................................9 Appendices....................................26
Travel Expense and Reimbursement Policy............................................A-1 Gen City Council Travel Expense Policy.............................................................A-22 Anti-Discrimination, Harassment & Retaliation Policy........................A-27 Political Activity Policy....................................................................................A-34 Conflict of Interest Code................................................................................A-37 Brown Act – Open Meeting Law.................................................................A-58 Financial Policies..............................................................................................A-43 City Council Liaison Definition of Role and Purpose Policy.............A-57 Burbank Organizational Chart....................................................................A-46 City of Burbank Council Members Office Rotation Policy.................A-47

TABLE OF CONTENTS

APPENDICES
Council Compensation..................................................................................A-49 Burbank Municipal Code
The Municipal Code contains local laws and regulations adopted by ordinance. The Municipal Code contains a variety of laws including, but not limited to, zoning and development standards, traffic/speed regulations, and administrative standards. An online version is available on the City’s website under the City Clerk’s Department listing.

Burbank Charter
The Burbank City Charter contains many requirements for the operation of city government and administration of meetings of City C
ouncil. Burbank is a charter city which means it is organized in accordance with provisions of the city charter and has adopted local provisions to determine how the city governance is structured.

Form of
Government
Burbank is governed by the council-manager form of government. This form of government prescribes that a City Council’s role is to establish policies and priorities, while the role of the City Manager is to administer the affairs of the city government.

Annual Budget
The City’s annual budget provides a description of City services and the resources used to provide services. The Budget document contains a broad overview of the budget as well as descriptions of programs offered within each division of the organization. A copy of the budget document is kept in the City Council Office and is accessible on the City's website as well.

General Plan
The General Plan is a state mandated plan that addresses adopted future land development plans and policies. In February 2013, the City Council adopted the Burbank2035 General Plan, whose goals and policies affect a wide range of issues, including housing, traffic, parks, resource conservation, and public safety. Elements of the City’s General Plan are updated on a periodic basis, and the latest version can be found on the City website. State law provides for the adoption of an annual report of the Plan implementation by the City Council.

Overview of Basic City Documents
Our Council Members serve as the elected legislative and policy-making body of the City of Burbank, enacting all laws and directing any actions necessary to provide for the general welfare of the community through appropriate programs, services, and activities, with an annual Citywide budget in the multi-millions. The purpose of the City Council handbook is to provide a summary of important aspects of City Council activities. It is intended to orient new Council Members and serve as a point of reference in the event questions arise. The handbook is not all inclusive, nor is it intended to supersede any local, State or federal laws. Where conflicts arise, local, State and federal law prevails. Some of the most notable documents that contain information necessary for undertaking the business of the City Council are listed as follows:

INTRODUCTION & OVERVIEW
1 City Council Roles and Responsibilities
The powers of a city council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the Council shall have the power in the name of the City to do things and perform all acts appropriate for Municipal Corporation and the general welfare of its inhabitants, which are not specifically forbidden by the Constitution and laws of the State of California (California Government Code .

It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members.

While the Mayor and Vice Mayor have some additional ceremonial and administrative responsibilities, in the establishment of policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by a majority vote of the Council. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. In turn, it is staff’s responsibility to ensure the policy of the Council is implemented. Actions of staff to pursue the policy direction established by a majority of Council does not reflect any bias against Council Members who held a minority opinion on an issue.

Role of Mayor and Vice Mayor
Mayor: The Mayor shall represent the City at ceremonial functions of a social or patriotic character when it is desirable or appropriate t
o have the City officially represented. The Mayor shall not receive any compensation for services rendered except that received as a Council Member. The role of the Mayor may include responsibilities such as:
• Acting as Pre siding Officer of the City Council
• Having a voi ce and vote in all Council proceedings
• Presentin g as the ceremonial head of the City
• Informin g the people of any major change in policy or program • Executin g contracts on behalf of the city when the contracts have been approved by the City Council The role of the Mayor is to preside at all meetings of the City Council and to perform such other duties consistent with the office as may be imposed by the Council or by a vote of the people. The Mayor does not possess any power of veto. As presiding chair of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes.

The Mayor is appointed by and serves at the pleasure of the City Council. Currently, the Mayor’s seat is rotated on an annual basis, generally in December at City Council Reorganization.

Vice Mayor: The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. The Vice Mayor serves in this capacity at the pleasure of the City Council. This position is rotated on an annual basis, generally in December during City Council Reorganization.

GENERAL AUTHORITY AND RESPONSIBILITIES
2 Throughout the year, there are a number of ceremonial functions to attend. While the entire City Council is usually invited to most of these events, the public often anticipates the Mayor’s presence as the ceremonial head of the City. Generally, there are three types of functions:
• City Functions: opening of new City facilities, employee or volunteer award lunches, retirements, and events. • Community Events: Chamber of Commerce Ribbon Cuttings, Boy Scout or Eagle Scout meetings. • Other Local, County, and Regional Agencies: Functions of the County or special district. • Community Eve nts, Community Organizations
• Athletic/Academic Accomplishments
• Acts of Heroism
• Non-profit Org anizations, Yearly Commemorative Events • City Commissi oner Appointments and Resignations
• Regional Even ts and Recognition for Other Cities
Signature Protocol
Ceremonial Functions
Council office staff receives the invitations to these events and coordinates to make sure the Mayor or Vice Mayor can attend. If neither can attend, staff will ask the senior Council Member who has already indicated they would attend the event. If no Council Member has indicated their attendance, staff will attempt to contact the senior Council Member.

Proclamations/Certificates
Ceremonial proclamations are often requested of the City in recognition of an event or individual. Proclamations are not statements of policy but
a manner in which the City can make special recognition of an event (e.g. Recycling Week). Certificates of commendation, recognition, and appreciation are often presented to individuals for their accomplishments.

As part of ceremonial responsibilities, the Mayor is charged with administration of proclamations and certificates on behalf of the City Council. Staff will work with the Mayor and City Manager to determine the appropriate delivery method of the proclamation or certificate.

In some instances, a proclamation or certificate may be presented at an event by the Mayor.

Individual Council Members do not issue proclamations or certificates. If a Council Member receives a request for recognition, the request should be forwarded to the City Manager’s Office or Mayor for processin g. Types of recognition requests may include:

The Mayor may be required to sign the following documents in person:
• All County, state, and federal agreements or documents • City documents which must be notarized
• Proclamations and certificates
• Letters relating to citizen inquires
• Letters on legislative positions as directed by City Council in line with the Legislative Platform
Recognition Requests
Requests for City Council Recognition, which includes proclamations or certificate s must receive approval of the Mayor, unless it is requested by a City Department.

GENERAL AUTHORITY AND RESPONSIBILITIES
3 Ribbon Cutting Ceremonies
Ribbon Cutting ceremonies are events where Burbank businesses and organizations celebrate milestones such as business grand openings, re-openings, anniversaries, etc. The Burbank Chamber of Commerce usually coordinates these events and invites all Council Members to attend.

As the figurehead of the City Council, the Mayor typically cuts the ribbon and presents a certificate of recognition to the business owner/ organization. If the Mayor is unable to attend, Council office staff will follow the aforementioned Ceremonial Function procedure for Council attendance.

Keys to the City
The
Key to the City is an honor bestowed upon someone of the Mayor’s choosing. Usually, this is only done once or twice a year, as it is a rather prestigious honor, typically reserved for acts of great service or bravery, recognition of distinguished guests to the City, etc.

The cu
rrent Vice Mayor chooses the invocator and flag salute leader for Reorganization. The outgoing Mayor has a small budget to select gifts to present to staff and Council Members at the meeting. Past gifts have included: baseball hats with the City seal embroidered on them, small plants, candy jars, engraved or personalized mugs, etc. A mounted gavel is also presented to the outgoing Mayor. Council Members are welcome to bring flowers to present to their loved ones during the meeting. A small reception takes places after the Reorganzation meeting. City staff will take care of ordering of new business cards, switching Council Member offices, and updating Council photos and bios, as well as assisting new Council Members in setting up their email accounts, voice mail, etc.

If the Mayor chooses to bestow this honor, he/she informs Council staff of the chosen individual , and staff places an order for a ceremonial plaque. This may be presented during a Council meeting, a special event, or even one-on-one, at the Mayor’s preference.

This is only an option for the current Mayor to use.

City Council Reorganization
Each year in December, the City Council holds its annual City Council Reorganization meeting (“Reorg”). This is where a new Mayor and Vice Mayor is selected to serve for the coming year, and the City Clerk (or Assistant City Clerk) swears in newly elected Council Members, City Clerk
, and City Treasurer. The outgoing Mayor can use this opportunity to give thanks to staff and make parting remarks bef
ore the newly selected Mayor briefly outlines their plans for the coming year.

The Council shall meet at 10:00 a.m. on the sixth Monday after the first Tuesday after the first Monday in November where newly elected members shall be inducted into office and the newly constituted Council shall choose one member to serve as Mayor and one member to serve as Vice Mayor pursuant to Charter Section 400. 1st Tuesday after 1st Monday in November 6th Monday After - Reorganization Nove
mber 3, 2020 December 14, 2020
November 2, 2021 December 13, 2021
November 8, 2022 December 19, 2022
November 7, 2023 December 18, 2023
November 5, 2024 December 16, 2024

GENERAL AUTHORITY AND RESPONSIBILITIES
4 • Spokesperson: On behalf of the Council when so directed by the Council when seated as a body. • Contact person: If the Commission or an individual Commissioner wants such a channel of communication. • Monitor: To identify procedural and structural issues relating to the effective functioning of the Commission for Council.

Attendance is discretionary with the Council Member, and although attendance at Commission meetings is not required, it is encouraged. Liaisons shall have no vote on the Commission and shall not act as an ex officio member of a Commission.

Appointment of City Manager and City Attorney
The City Council appoints two positions within the City organization: the City Manager and the City Attorney. Both positions serve at the will of the City Council. The City Manager and City Attorney are employees of the City and have an employment agreement which specifies some terms of employment including an annual evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City.

Role in Disaster
Pursuant to Charter Section 310, in case of riot, insurrection, or extraordinary emergency, the Mayor unless delegated to the City Manager by ordinance shall assume general control of the City government and all of its branches and be responsible for the suppression of disorders and the restoration of normal conditions. In the name and on behalf of the City, the Mayor shall sign all contracts, deeds, bonds, and other legal instruments in which the City is a party and countersign all warrants; provided, however, that the Council may by ordinance or resolution authorize any other person to sign the same.

Appointment of Advisory and Decision-Making Bodies
The City has 22 Boards and Commissions. In addition, special purpose committees and task forces are often appointed by the City
Council to address issues of interest. Information on appointments to advisory bodies is included in the City’s Charter (Section 700).

Boards, Commissions, and Committees Appreciation Dinner An appreciation dinner for members of the City Council’s appointed board s, commissions, and committee members is scheduled once a year, around the springtime. The appreciation dinner includes recognition for members who have reached a milestone in their years of service and acknowledgement of all board members.

Council Liaisons to Boards, Commissions, and Committees After the City Council’s annual Reorganization in December, Council Members are appointed to serve as committee members and liaisons to various boards, commissions, committees, and task forces. These roles create consistency in which Council members are present at these meetings and can report out to the entire City Council and public. The City Manager’s Office schedules and distributes a staff report with changes made to the Liaison list and seeks Council’s direction on new liaison assignments. A full list of these groups can be found in a City document entitled “Council and Agency Liaisons to Committees and Coalitions”. Council Staff keeps a binder containing these details and an updated version of the document is kept at the front of Council Meeting binders.

Certain liaisons and committee members are pre-determined by the Mayoral and Vice Mayoral roles as prescribed by the Burbank Municipal Code.. For this reason, the reassignment of Liaisons is handled during the first or second meeting after Reorganization.

The primary role of the Liaison is that of facilitator of communications from the Commission to the Council. The Liaison should not be an advocate for the Commission, give direction, or influence a decision of the Commission. They may, however, assist and provide information. A copy of the Liaison Definition of Role and Purpose Policy, adopted by the City Council in June 2018, is available in the Appendices.

Acceptable Liaison Activities

GENERAL AUTHORITY AND RESPONSIBILITIES
5 Staff/Clerical Support
Administrative support to members of the City Council is provided by the City Council Office administrative staff. Clerical services including scheduling of appointments, registration for conferences, receipt of phone messages, and word processing are available as needed. There is currently one Executive Assistant for the Mayor and Vice-Mayor and one Executive Assistant for the other three Council Members. This staff is directly supervised by the Secretary to the City Manager, under the City Manager’s direction.

Meeting Rooms
City Hall meeting space may be reserved for use by City Council Members by City Council Office staff for city-related business.

Council Member Office Rotation
Every year at the Council Reorganization m eeting in December, the Council selects a ne w Mayor and Vice Mayor. In an effort to foster equity and benevolence amongst the Council, an office rotation policy was instituted.

That policy is as follows:
*Note: Diagram is not to scale and is intended for clarification purposes only.

The newly elected Mayor (typically the former Vice Mayor) takes the singular office near Council Staff and away from the other four Council Member offices – labeled Mayor’s Office.

The outgoing Mayor is moved to the corner office on the other side of Council Staff – Office 2 .

The new Vice Mayor moves to the office furthest away from the Council Staff – Office 5 .

The remaining two offices - Offices 3 and 4 - are for those who may have been displaced by any of the previous moves.

Should two members of Council need to be moved to offices 3 and 4 at the same time, straws will be drawn. However, if a Council Member already occupies office 3 or 4, straws will not be drawn, and the remaining Council Member will be assigned the vacant office.

For additional contingencies, such as the end of a Council Member’s term, please refer to the complete Office Rotation Policy in the
Appendices.

Council Member Parking
Public Works staff issues parking passes for Council Members assigned specific Council parking spots which are located on the second floor of the Orange Grove Parking structure. A hanging placard will be distributed to Council Members and should be displayed on the rearview mirror.

CM CONFERENCE
ROOM
DOOR/ENTRANCE OFFICE 5
OFFICE 4
MAYOR’S OFFICE
OFFICE 3
COUNCIL STAFF OFFICE 2

SUPPORT PROVIDED TO THE CITY COUNCIL
6 Council Member Keys and Building Access
Once a City Council Member has been confirmed, the Secretary to the City Manager will provide the newly elected Council Member with an office key. Additionally, staff will coordinate with the Public Works-Field Services Division to set up new Council Members with a k
ey entry code to access City Hall outside of regular business hours.

Electronic Devices
It has been the practice for Council Members to select either a computer desktop (office-use only), laptop, or tablet for City business use. The Executive Assistants to Council Members will coordinate the setup of either a computer desktop, laptop, or tablet as requested by the Council Member. Each Council Member will be responsible for creating a unique login password that should not be shared. It is suitable for Council Members to use their tablets during Council Meetings to access agenda packets electronically.

Agenda Packets
In accordance with City Administrative Procedure, the City Clerk’s Office shall post the public agenda and deliver the agenda packets to the Council office by 5:00 pm on the Thursday prior to the City Council meeting. Council Staff places agenda packets in the Council Meeting binders and sends them home that evening via a service provided by the Public Works Custodial Staff. Should a Council Member decide
to have a tablet for City business (see above: Electronic Devices), they can choose to access the agenda packet digitally instead.

Mail and Deliveries
Members of the City Council receive a large volume of mail and other materials from the public, private interests, and staff. Mail inboxes are maintained for each member by the City Council Executive Assistants. Staff opens mail and reviews any time-sensitive invitations, meeting notices, or materials. Time-sensitive materials are emailed to Council Members or a phone call is made regarding the materials.

Mail is generally distributed to Council Members’ inboxes daily and sent to each Council Member’s home weekly with agendas on Thursday nights.

Other courier deliveries are scheduled as needed. Staff makes every attempt to telephone or email Council Members prior to unscheduled deliveries.

SUPPORT PROVIDED TO THE CITY COUNCIL
7 Council Compensation/Benefits
State law and the City Municipal Code provide for modest compensation to members of the City Council. Currently, pursuant to State statute, members receive a salary of $1547.99 per month. In addition, members have access to similar benefits as management employees (i.e., health, dental, vision, and life insurance) with a few minor exceptions. The City will pay the premiums for Council Members only. Council Members that choose not to participate in the City’s health care program may place $500/month into the City’s deferred compensation program. More information on Council Salary and Benefits can be found in the Appendices.

City Credit Cards
R
eceiving a City Credit Card
The Purchasing division of the Finance Department issues City Credit Cards. Please submit a request for a City Credit Card through City Council Staff.

City Credit Card Usage
City Credit Cards should be used for City busines s ONLY. To avoid any conflict or accidental inappropriate spending, whenever possible, purchases for Council should be handled by City Council Staff; Council Members should only use their City Credit Cards as a last resort.

Items Regularly Purchased
• Travel Tickets (P lanes, Trains, Buses, Rental Cars, etc.) • Local Event Ticke ts (Galas, Dinners, etc.)
◦ Excludes tickets for religious or overtly political organizations (See Items Never Purchased below.) • Securing/Payi ng for Hotel Stays (Conferences, Meetings, etc.) Items Rarely Purchased (or typically handled by a specific staff member) • Securing/Payi ng for Event Space/Catering for Council/CM Events • Food for Tuesday Ni ght/Special Council Meetings – typically handled by one person for the office • Office Supplies – typ ically handled by one person for the office • Smart & Final Suppl ies – typically handled by one person for the office Items Never Purchased
• Entertainment E vent Tickets
◦ Unless this is tied to a gala or dinner, we do not purchase tickets to entertainment (theatre, music, sports, etc.) • Religious Event T ickets (special masses, dinners, etc.) • Overtly Politic al Event Tickets (campaigning, political lunches/gatherings, etc.) • Alcoholic Bever ages (unless included in admittance to a dinner or gala) This list is by no means comprehensive and often Council Members will need to use their best judgment . If a Council Member uses a City credit card to make purchases outside of the above list, and is unsure of the purchase, please check with your staff prior to purchase.
*Note: Any purchases made by a Council Member may be subject to the Council Travel Policy and deducted from that Council Member’s personal Travel Budget. To avoid an unexpected shortage of funds, always let your staff person know about any purchases made with your City Credit Card as soon as possible and keep all receipts.

COMPENSATION AND EXPENSES
8 Members of the City Council will sometimes be called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor shall be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council.

Official Mayor letterhead is used for this. Individual members of the Council will sometimes prepare letters to constituents in response to inquiries or to provide requested information. Individual City Council Member letterhead is available for this purpose, and staff can assist in the preparation of such correspondence.

On occasion, members may wish to transmit correspondence on an issue when the Council has yet to take a position or about an issue for which the Council has no position. In these circumstances, members should clearly indicate within their letters that they are not speaking for the City Council as a whole but for themselves as an individual member of the Council.

After the City Council has taken a position on an issue, official correspondence should reflect this position. While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, members should not use City letterhead, official Council title, and staff support for this purpose. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.

When Council Members receive a complaint or inquiry from the public that involves a significant amount of staff work and/or large financial cost, the Council Member should acknowledge the requestor’s communication without promising what will happen on behalf of the City Council and forward the message to the City Manager.

Similar to written correspondence, when members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole. Of course, a member may clarify his/her vote on a matter by stating, “While I voted against X, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

The most fundamental role of a Council Member is communication – communication with the public to assess community opinions and needs and communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting on the will of the majority as opposed to individuals), it is important that general guidelines be followed when speaking for the Council. Equally important, when Council Members are expressing personal views and not those of the Council, the public should be advised.

The City Council is frequently requested to take action on pending state legislation. The City Council has a practice of adopting a Legislative Platform every year to describe their stance on current issues. If the legislation falls under the areas of interest in the adopted platform, the Mayor may respond to legislative items for the City Council as a whole without needing their pre-approval to do so. The Council follows a practice of having the Council request information (with support of two or more Council Members) about legislation or propositions, if there is a local impact. The Council can then choose whether to take a formal position in support or opposition.

Overview
Correspondence from Council Members
Responding to Public Complaints
Speaking for “the City”
State Legislation/Propositions

COMMUNICATIONS
9 Im
mediately before the Reorganization meeting, Council Members can opt to have a new official individual picture taken. A new official group picture is taken right after the meeting, once a new Mayor and Vice Mayor are chosen. Council Members can let staff know if they would like to have their City webpage picture and/or bio updated.

State of the City
Burbank’s State of the City event happens each year, typically in the month of October. This is a Burbank Chamber of Commerce event, put on in partnership with the City’s Public Information Office (PIO) and emceed by the Mayor.

State of the City is a large event where several hundred guests attend, usually made up of local business leaders, City staff, local legislators, local non-profit representatives, etc. The event consists of a greeting by the Chamber representative, lunch, and a video presentation from the City, followed by a 10-15 minute speech from the Mayor. PIO produces the video and drafts a speech, as directed by the Mayor, to highlight the City’s growth, challenges, and upcoming projects.

The City purchases tickets for Council Members and their spouse/significant other (not a guest/plus one). Tickets for the Mayor include immediate family.

Business Cards
Business cards are available for City Council Members’ use. These are kept uniformly designed, with only the Council Members’ City c
ontact information and title (such as Mayor) changing. In addition to the standard business cards available for Council Members, our Reprographics Department has two other styles available for Council use. The front-facing design is the same, but these cards either feature the City’s social media information or a list of important City phone numbers on the back. They are available upon request to Council Staff.

Council Member Photos/Bios
Social Media City Numbers

COMMUNICATIONS
10 Conflict of Interest
State laws are in place to eliminate action by a Council Member which may reflect a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest and not for a Council Member’s personal gain.

If at any time a Council Member believes a potential conflict of interest exists, he/she should consult with the City Attorney for advice.

Staff may also request an opinion from the City Attorney regarding a member’s potential conflict. Laws which regulate conflicts are very complicated. Violations may result in significant penalties including criminal prosecution.

The Fair Political Practices Commission (FPPC) published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could result in disqualific ation based on a potential conflict of interest.

The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest. The FPPC can be reached at www.fppc.ca.gov or (1-866-275-3772).

There
are a number of other restrictions placed on Council actions, including prohibitions on secrecy and discrimination as well as assurance that all City funds are spent for public purposes. Violations of these restrictions may result in personal liability for individual Council Members.

The Council has also approved a Conflict of Interest Code which is reviewed biennially. A copy is available for reference in the Appendices.

City Attorney Conflict
Advice
It is critical to note that while the City Attorney can render advice on the interpretation of state laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations on such matters and legal protection for Council Members is the FPPC. Members or the full Council may solicit opinions on such matters directly from the FPPC; however, such opinions often take time to develop and the FPPC may not readily respond to urgent matters.

Conflict of Interest Forms
Council Members, Commissioners, and designated staff must fill out annual disclosure statements annually identifying sources of income, ownership of property, and receipt of loans and gifts, pursuant to the City Council adopted Conflict of Interest Code. Council Members often serve on governing boards of other agencies as a result of a Council position (e.g. SCAG), and these agencies may also require submittal of disclosure forms.

Liability
The
City is a large institution offering a variety of services and may often find itself subject to legal actions through lawsuits. For example, those involved in automobile accidents sometimes choose to take actions against a City since the accident occurred on a City roadway. The City must always approach its responsibilities in a manner which reduces risk to all involved; however, with such a wide variety of high-profile services (e.g. police) risk cannot be eliminated. The City currently purchases its insurance services from a joint powers authority.

It is important to note that violations of certain laws and regulations by individual members of the City Council may result in that member being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.

CONFLICTS AND LIABILITY
11 Harassment
The City is committed to providing an environment that is free from harassment and discrimination of any kind, including sexual h
arassment and harassment based on race, color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation, or any other characteristic prohibited by state or federal law. Council Members should be familiar with the City’s harassment prevention policies. Violations of such policies may find Council Members personally exposed through legal action. A copy of the City’s Non-Discrimination/Harassment Policy can be found in the Appendices.

Ethics Training (AB1234)
Effective January 1, 2006, Assembly Bill 1234 (Government Code section 53235) requires ethics training for elected and other specified local agency officials. Council Members must complete 2 hours of training within one year of being elected and repeat the training biennially thereafter.

Training may be completed at an
in-person course or done online through various agencies. Once completed, Council Members should deliver their certificate to Council Staff, who will make a copy to keep in their personal folder and pass another along to the City Clerk for records purposes.

CONFLICTS AND LIABILITY
12 Overview
City Council policy is implemented through professional staff. Therefore, it is critical that the relationship between Council and staf f be well understood by all parties so policies and programs may be implemented successfully. The City of Burbank sets a positive tone for relationships between members of the City Council and staff. To maintain these effective relationships, it is important that roles are clearly recognized.

Council-Manager Form of Government
The City of Burbank has a Council-Manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council rather than to individual Council Members and directs and coordinates the various departments and all personnel matters. The Council appoints a City Manager to implement these policies and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff, and is not to direct staff.

Council/Manager Relationship
The employment relationship between the City Council and City Manager honors the fact that the City Manager is the Chief Executive O
fficer of the City. The City Council should avoid situations that can result in staff being directed, intentionally or unintentionally, by one or more members of the City Council. Regular communication between the City Council and City Manager is important in maintaining open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or s
upport of the City Manager.

The City Council is to evaluate the City Manager, at a minimum, on an annual basis to ensure that both the City Council and City M
anager are in agreement about performance and goals based on mutual trust and common objectives.

As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with City Council in various ways, including informal briefing meetings with individual Council Members as needed, informational memoranda, and quarterly department reports. Communication shall be undertaken in such a way that all Council Members are treated similarly and kept equally informed.

INTERACTION WITH CITY STAFF/OFFICIALS
13 The City Manager is subject to a professional code of ethics from his/her professional association. It should be noted that this code binds the City Manager to certain practices which are designed to ensure actions are in support of the City’s best interests. Violations of such standards can result in censure by the professional association.

The City Attorney is the legal advisor for the Council, City Manager, and City staff. The general legal responsibilities of the City Attorney are to:
• Provide lega l assistance necessary for formulation and implementation of legislative policies and projects; • Represent t he City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar procee dings;
• Prepare ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepare d; and
• Keep City Cou ncil and staff apprised of court rulings and legislation affecting the legal interest of the City.

It is important to note that the City Attorney does not represent individual members of Council but the City Council as a whole.

Below is a summary of the Council’s established procedure for giving direction to the City Attorney:
• If a Council Member has a simple (not time intensive) legal question or an individualized City-related legal issue, Council Members may contact the City Attorney directly.
• Three or more Council Members need to agree in a public meeting when asking the City Attorney to undertake many hours of legal work.
• The City Attorney will inform the Council Member if an issue or request needs support from three or more members.

City Manager Code of Ethics
City Council/City Attorney Relationship
Giving Direction to the City Attorney

INTERACTION WITH CITY STAFF/OFFICIALS
14 Roles and Information Flow
Objectives: It is the intent of staff to ensure that Council Members have free access to information from the City and to ensure that such information is communicated completely and with candor to those making the request. To carry out this responsibility, however, Council Members must avoid intrusion into those areas which are the sole responsibility of staff. Individual Council Members may not intervene in staff decision-making, development of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and majority approval of the City Council. This is necessary to protect staff from undue influence and pressure from individual Council Members and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal.

Council Roles: The City Council, while acting as a body, retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the performance of City business as decided during their public meetings.

Individual members of the City Council should not make attempts to influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole. If a Council Member wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy, to be enforced through the City Manager.

Access to Information: Individual Council Members as well as the Council as a whole are permitted complete freedom of access to any information
requested of staff and shall receive the full cooperation and candor of staff in being provided with any requested information.

There are some restrictions and limitations when information cannot be provided. Draft documents (e.g. staff reports in progress, administrative draft EIRs) are not
available for release until complete and after review by City m anagement. In addition, there are legal restrictions on the City’s ability to release confidential personnel information, even to members of the City Council. Certain aspects of police department affairs (access to restricted or confidential information related to crimes) may not be available to members of the Council.

Staff Roles: The Council recognizes the primary
function of staff is to execute Council policy and actions taken by the Council and to keep the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management supervisors. Staff is directed to reject any attempts by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or otherwise influencing recommendations. Usually on an annual basis during Council Goal Setting, the City Council may review and make updates to Council's "Expectations of Staff" Document.

City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full City Council.

Dissemination of Information
In cases where a staff response to an individual Council Member request involves written materials which may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

Magnitude of Information Request
Any information, service-related needs, or policy positions perceived as necessary by individual Council Members which cannot be fulfilled based on the above guidelines should be raised by the individual Council Member under the “Introduction of Additional Agenda Items” portion of a regularly scheduled City Council meeting. If directed by action of the Council, staff will complete the work within a Council established timeline.

INTERACTION WITH CITY STAFF/OFFICIALS
15 California Public Records Request
Council Members should defer any public records requests to City Council staff. Due to deadlines set forth by the Public Records Act for response and fulfillment of requests, Council members should communicate any requests received to Council staff as soon as possible. Staff will resolve to ensure the request is appropriately completed. Public records requests are routed through the City Clerk's Office and fulfilled by the relevant City depar tments.

Staff Relationship with Advisory Bodies
Staff support and assistance may be provided to commissions and task forces; however, such advisory bodies do not have supervisory authority over City employees. While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately the City Manager and City Council as a whole. The members of the commission/board/committee are responsible for the functions of the advisory body, and the chairperson is responsible for committee compliance with any Council policies. Staff members are to assist the advisory body c hair to ensure appropriate compliance with state and local laws and regulations.

Staff
support may include preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as secretary, taking minutes as needed.

It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. In addition, when a commission wishes to correspond with an outside agency, correspondence should be reviewed and approved by the City Council beforehand. Individuals who would like a commission to review a particular issue must also gain approval for such a request from the full City Council.

Restrictions on Political Involvement by Staff
Local governments are non-partisan entities. Reflected within the Council-Manager form of government is the principle of a professional staff that formulates recommendations in compliance with Council policy and for the good of the community and is not influenced by
political factors.

By working for the City, staff members do not surrender rights to be involved in local elections. Indeed, laws are in place to preserve those rights. However, there are limitations to such involvement. For this reason, it is very important to understand the restrictions upon City staff in any level of political involvement through campaigns, fundraisers, or other means. No participation in campaigns or other activities may take place while on the job. No City resources may be used by staff in support of any campaign. Even while off the job, no employee may participate in campaign or other activities while in a City uniform. For example, posing for a promotional photograph for a candidate for local office while in uniform is inappropriate. The support of the City Council in these matters is requested. A Council Member asking staff to sign petitions or similar items can create an awkward situation. A copy of the City's Political Activity Policy is available for reference in the Appendices.

INTERACTION WITH CITY STAFF/OFFICIALS
16 Meeting Schedule
Regular meetings are held in the Burbank Council Chambers at 275 E Olive Ave, second floor on Tuesday evenings , unless extenuating circumstances require an alternate location or format (i.e. virtual) . Meeting times and dates are established by Resolution 27,515 of the City Council. The City Manager determines the annual meeting schedule and presents the schedule to Council for approval. The schedule consists of Regular meetings, City events, and anticipated community meetings. Regular City Council meetings begin at 6:00 p.m. with closed sessions generally convening earlier, as needed. No Council meeting will be held in the event that a regular meeting of the Council falls on a legal holiday. From time-to-time, regular City Council meetings may be cancelled. Written notice must be given to the City Council, the public, and the media at least 72 hours prior to a regular meeting when cancellation occurs.

Special Meetings
Special meetings may be called periodically. Written notice must be delivered to the City Council, posted for the public, and provided to the media (if requested in writing) 24 hours prior to a special meeting (Cal Govt Code Section 54956). No business other than that announced may be discussed. Public comment is taken at Special Meetings.

Notice requirements of the Brown Act shall be complied with for all meetings; minutes of the meeting shall be taken by the City Clerk or designee and shall, upon Council approval, be available for public inspection.

Placing Items on the Agenda
City Council: A Council Member may request an item be considered on a future agenda as long as he/she receives support from two or more City Council Members. Staff will prepare a staff report if formal Council action is required. Council Members may make this request during the “Additional Agenda Items” portion of a meeting.

Members of the Public: A member of the public may request an item be placed on a future agenda during public comment or through other communication with Council Members. The item will be placed on a future agenda upon agreement of three or more Council Members or by City Manager direction.

Emergency and Non-Agendized Items: Emergency and non-agendized items may be added to an agenda for a R egular meeting only, in
accordance with state law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters, and other severe emergencies. Adding an emergency item requires a majority vote. Emergency items are very rare. More likely, an item arises after the agenda is posted that the Council would like to act on. Non-agendized items may be added to the agenda only if the Council makes findings that (1) the need to consider the item arose after the posting of the agenda and (2) that there is a need to take immediate action at this meeting of the City Council. These findings must be approved by a 4/5th vote; if less than four members of Council are present, the findings require a unanimous vote of those present.

Ceremonial Presentations at Council Meetings
Requests: All requests should be submitted to the City Manager’s Office (Administrative Analyst) via email, writing, or phone call.

Presentations may be requested by department heads, staff, members of the community, or City Council Members. All requests must be approved by the Mayor. Requests may include presentations of certificates, proclamations, adjournments, or recognitions, Submitting Requests: Requests should be submitted at a minimum of two weeks prior to the date of the City Council meeting and should include contact information for the requestor.

Presentation:

The Mayor is responsible for presenting and receiving all awards at City Council meetings. The Mayor may invite other City Council Members and/or staff to participate with him/her as desired.

CITY COUNCIL MEETINGS
17 Televised meetings: As part of its franchise agreement with the Public Utilities Code, Council meetings are broadcast live on the local cable television system to provide municipal information to the citizens of Burbank. Meetings are also cablecast live on Granicus, accessed via a link on the City’s homepage. The City Council Chamber is equipped with a public address (PA) system. The system provides microphones at the dais, staff table, and podium.

There is also a hand-held microphone and a lapel microphone. These are some important things to keep in mind with regard to the microphones:
• Turn your mi crophone on when you want to talk and speak directly into the microphone. • Turn the mic rophone off when you are through talking, during recesses, and after the meeting. The microphones are very sensitiv e and voices can be picked up from an adjacent microphone. Sound is broadcast in the City Hall Lobby and on TV. • Never say th ings near a microphone you do not want heard. • Ask all spea kers to come forward to the podium to talk. Do not allow people to speak from the audience.

Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, causing loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture. Large, shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels.

Helpful Hints about the Dais

CITY COUNCIL MEETINGS
18 Order of Business
The City Council establishes the general order of meetings. This section summarizes each meeting component.

Closed Session
A Closed Session is held under the authority of Government Code 54950 (The Ralph M. Brown Act) which allows the City Council to consider personnel issues, litigation, or real estate negotiations behind closed doors. Action resulting from these sessions, if any, is taken in open session.

Public Comment
Public Comment, whether General or Joint Public Comment, or Public Comment associated with a Study Session or Public Hearing, affords members of the public an opportunity to comment for three minutes on City business.

Consent Calendar
The
Consent Calendar is a portion of the agenda which contains routine business items for which no discussion or deliberation is contemplated. The Consent Calendar is approved/adopted by one motion. Consent Calendar items removed by the Council are considered and acted on separately after Reports to Council. Public input is received on the Consent Calendar during the Public Comment Period.

Study Session
Study Sessions are workshop-type meetings which provide an opportunity for the Council to review, discuss, and ask questions for clarification on issues or process, and provide staff direction as necessary.

Public Hearings
State law and the Burbank Municipal Code requires Public Hearings on specific issues such as zoning, annexations, appeals, assessment districts, and franchises. Standard procedure is: the Mayor opens the hearing, a staff report is presented, public speakers who have submitted Speaker Cards are heard (including rebuttal time for applicants/appellants), public testimony is closed, and the Council deliberates and renders a decision. Speakers are allowed 3 minutes and applicants/appellants are allowed 15 minutes to present their case and 10 minutes for rebuttals.

Reports to Council
The portion of the agenda where City s
taff, from various departments, present reports on a variety of items for Council consideration.

Council Comments
This is the time when Council Members report out on events/meetings/conferences they have attended.

Introduction of Additional Agenda Items
Council Members bring issues and proposals to the full Council for review and direction.

General Procedures
Over the past ten years, the Council established certain practices including:

P
residing Officer: The Mayor is the presiding officer and acts as Chair at Council meetings. In the absence or incapacity of the Mayor, the Vice Mayor serves as presiding officer.

Seating Arrangement of the Council: The Vice Mayor is seated to the Mayor’s immediate right. The Mayor, with the approval of individual
Council Members, shall establish other seating arrangements for R egular Council meetings.

Signing of City Documents: The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts, and other documents which have been adopted by the City Council and require an official signature except when the City Manager has been authorized by Council action to sign such documents. In the event the Mayor is unavailable, the Vice Mayor’s signature may be used.

CITY COUNCIL MEETINGS
19 • Ob taining the Floor: A member of the City Council or staff shall first address the Mayor to gain recognition. Comments and questions made should be limited to the issue before the Council. Cross-exchange between Council Members and public should be avoided.
• Que
stions to Staff: A Council Member shall, after recognition by the Mayor, address questions to a designated staff member. • Inte rruptions: Once recognized, a Council Member should not be interrupted while speaking except to make a point of order or personal privilege. If a Council Member is called to order while speaking, the individual shall cease speaking until the question order
is determined. Upon being recognized by the Mayor, members o f the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor. • Dis cussion Limit: A Council Member should not speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making process.
• Tabling Procedure: Immediately stops discussion and causes a vote to postpone the matter indefinitely or to a certain time and date.
• Right of Protest: A Council Member is never required to state reasons for a dissenting vote.

Discussion Points
To assist the Cit y Council in the developmen t of a structure fo r orderl y discussion o f items, the Council ha s generall y followed the proc
edures below:

CITY COUNCIL MEETINGS
20 Other guidelines are practiced to ensure meetings of the Council emphasize the importance of the business being conducted in a professional manner. Council Members and staff shall:
• Work to prese rve appropriate order and decorum during all meetings. • Discourag e side conversations, disruption, interruptions, or delaying efforts. • Inform the Mayor when departing from a meeting.
• Limit disru ptive behavior. Persons demonstrating rude, boisterous or profane behavior will be called to order by the Mayor. If such conduc t continues, the Mayor may call a recess, request the removal of such person(s) from the Council Chambers, adjourn the m eeting, or take such other appropriate action as permitted by the Brown Act.

Other Protocols
Enforcement o f O rder: The Police Chief or his/her designee acts as the Sergeant-at-Arms . Any Council Member may request the presiding officer to enforce the rules of protocol. Upon motion and majority vote, the presiding officer shall be required to do so.

Values of Respect: The City Council has also recognized the importance of approaching the public’s business in an environment of personal respect which places emphasis on the consideration of policy and avoids personalization of comments. Usually on an annual basis during Council Goal Setting, Council may review and update Council's "How We Work Together" Document. Some general guidelines utilized by the City Council include:
• Discussion should focus on policy matters.
• Personal criticism of members is inappropriate.
• Proper decorum should be displayed as other members express their views.

Courtesy: It is in the best interest of the City to present an example of courtesy for the community, especially during Council meetings.

What follows is a list of best practices for maintaining courtesy between different groups during meetings. • Council Members: Council Members shall afford the utmost courtesy to each other, City staff and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments, and statements as to motives and personalities. • City Employees: Employees of the City shall observe the same rules of order and decorum applicable to the City Council. • Public Speakers: Members of the public attending a City Council meeting shall be encouraged to observe the same rules of order and de corum applicable to the City Council. Any person who becomes boisterous while addressing the City Council or while atten ding the City Council meeting, or behaves in such a way as to be disruptive of the meeting, shall be removed from the room if the Sergeant-at-Arms is so directed by the Mayor, and such person may be barred at that meeting from further audience before the City Council.
• Appointed Members of Boards, Commissions and Committees: Appointed members of Boards, Commissions and Committee s of the City shall observe the same rules of order and decorum applicable to the City Council.

Noise in the Chamber: Noise emanating from the area immediately outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

CITY COUNCIL MEETINGS
21 Crowd Control in Council Chambers: If the City Manager, or the City Manager’s designee anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he or she shall provide for overflow in an adjacent room or elsewhere if needed.

Smoking: It is unlawful for any person to smoke in the City Council Chambers (Cal Govt Code Section 7597).

Distribution of Literature and Other Materials in City Council Chambers: No person shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers. Such literature may be displayed or distributed outside the City Council Chambers area.

Voting Procedures
When present, all Council Members are to vote. Failure of a seated member to orally express a vote constitutes an affirmative vote. No ordinance, resolution, or motion shall be passed or become effective without an affirmative vote of a majority of the Council.

A conflict of interest shall be declared whenever appropriate and in compliance with state law. The affected Council Member will step down from the dais, leave the Council Chambers and not participate in the discussion or vote on the item.

General consensus may be declared at the discretion of the presiding officer if there are no negative votes or objections by Council Members.

Upon the request of any Council Member, a roll call vote will be taken and recorded.

Tie
vote: A tie vote is equivalent to a vote which has failed. The presiding officer may publicly explain the effect of the tie vote for the audience or may direct a member of the staff to do so.

The City Attorney should be consulted during or before a Council meeting, if questions arise regarding voting procedures.

Noticing and Advertising
The City attempts to publicize matters of significant neighborhood or community public interest which appear on a City Council agenda, as well as all matters where advertising is required by law.

All advertising is to be accomplished in a legal and economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public.

Open Meeting Laws
In 1953, California adopted the Ralph M. Brown Act, one of t he earliest open meeting laws in the nation. The express purpose of t he Brown Act is t o ass
ure that local government agencies conduct the public’s business openly and publicly. S ince the Act has been the subject of
numerous and significant judicial decisions and Attorney General Opinions, specific questions should be directed to the City Attorney's Office.

A copy of t he Brown Act is available in the Appendices to this document.

CITY COUNCIL MEETINGS
22 Meeting minutes serve as a source of information for the Council and for the public. Meeting minutes include the following information:
• Members pr esent
• Motions, pr oposals, resolutions, orders, ordinances, and other items of business and their disposition • Results of a ll votes
Minutes
The minutes are generally a summary of the action that took place and do not include a verbatim transcript. The City Clerk is responsible for
recording, preparing, and filing Council minutes. It is the City Clerk’s goal to bring the minutes to the Council for approval within one month of a meeting, usually on a Consent Agenda. Once approved, Council meeting minutes are available for review in the City Clerk’s Office and on the City website.

Video Recordings
All regular meetings of the City Council (not including Closed Sessions) shall be videotaped by the City of Burbank Public Information Office. On occasion, due to circumstances beyond the City’s control, meetings may not be taped (e.g., due to equipment malfunction).

On these rare occasions, staff will make every attempt to make an audio recording of the meeting. Video from the meetings are available for viewing on Granicus via the City website, as well as on the City’s official YouTube channel (The Burbank Channel).

CITY COUNCIL MEETINGS
23 The Burbank City Charter Section 900 states:
(a) A vacancy in the office of Council Member from whatever cause shall be filled by appointment by the Council, such appointee to hold office until the next regularly scheduled municipal election; provided that if the Council fails to agree or for any other reason does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor. Should a vacancy occur after the opening of the filing period for election to the office of Council Member, or within thirty (30) days before the beginning of such filing period, then the appointee shall hold office until the regularly scheduled election next following the one for which the filing period is called. Should the appointment be for an unexpired term which has two or more years remaining when the next regularly scheduled election occurs, then the candidate elected who receives the lesser number of votes, shall be deemed elected to the remaining term for which the appointment was made.
(b) If the seats of a majority of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms and the same shall be conducted substantially in the manner provided for General Municipal Elections, and the candidates receiving the greatest number of votes, equal to the number of vacancies, shall be deemed elected. (c) A vacancy on the Council shall occur if any member of the Council shall fail to attend any regular meeting of the Council for sixty (60) consecutive days without the permission of the Council, or shall fail to qualify, or shall move their place of residence outside the City, or shall cease to be an elector of the City, or shall resign, or be convicted of a felony, or be adjudged mentally incompetent.

Filling Council Vacancies

LEAVING OFFICE
24 League of California Cities (Cal Cities)
Cal Cities is an advocacy association composed of virtually all cities in California. It provides many levels of service including the production of educational conferences for local officials, publication of various newsletters, and a monthly magazine ( Western City).

Cal Cities also has lobbyists on staff that represent the interest of cities before the state legislature and federal government. Policy committees with local officials as members are also organized around certain municipal interests (e.g. Community Services, Environmental Quality, Housing, Public Safety, etc.) to address issues as they arise.

Cal Cities has a Mayors and Council Members page on its website with helpful information:
https://www.calcities.org/get-involved/professional-departments/mayors-and-council-members Cal
Cities hosts the New Mayors and Council Members Academy held in January, and the City Leaders Summit held in April. The Academy developed a curriculum which addresses subjects and skills utilized by members of City Councils throughout the state.

For more information, the League’s Web site is www.calcities.org and their phone number is (916) 658-8236.

International City Management Association (ICMA)
ICMA is a professional association of local government chief executives. The association has an extensive list of publications to assist local officials. Publications have also been developed on every basic city service.

ICMA's website is
www.icma.org
Institute for Local Government (ILG)
The ILG promotes good government at the local level with practical, impartial and easy-to-use resources for California communities. The Institute also provides many levels of information by subject including ethics and transparency, budgeting and financial management, economic development and many other areas relating to state and local government.

The Institute also provides resources for newly elected officials that can be downloaded at:
https://www.ca-ilg.org/local-government-basics-those-new-public-service

ADDITIONAL TRAINING AND RESOURCES
25 APPENDICES
26 ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

TABLE OF CONTENTS
I. GENERAL PURPOSE OF TRAVEL AND BUSINESS EXPENSE POLICY II. DEFINITIONS
NO. Vl-5 Rev. 15
DATE 01/01/2018
'ifvtiAGER
2 2
A. City Business ........................................................................................ ................... ............... .......... 2 B. Personal Expenses ........................................................................................................................... 3 C. Accountable Expense Reimbursement Plan ..................................................................................... 3 D. Reasonable Hours ............................................................................................................................ 4 E. Non-Local and Local Trave/. ........................................................................................................... 4 F. Travel Days ...................................................................................................................................... 4 G. Travel and Business Expense Forms ............................................................................................... 5 TIPS FOR SUCCESSFUL DOCUMENTATION ...................................................................... 6 III. TRAVEL EXPENSES 7
A. Expenditure Guidelines for Travel. .................................................................................................. 7

1. General City Policies .................................................................................................................. 7

2. Citywide Travel & Training Pre-Approval Form (TIP) ........................................................... 7

3. Air Travel. ........................................................................................................ .......................... 8

4. Train Travel. ............................................................................................................................... 8

5. Use of City-Owned Vehicle ....................................................................................................... 8

6. Use of Personal Vehicle ............................................................................................................. 9

7. Use of Rental Cars ................................................................................................................... 11

8. Parking ..................................................................................................................................... 12

9. Taxis and Shuttles .................................................................................................................... 12

10. Hotel Accommodations ............................................................................................................ 13

11. Meals and Incidental Expenses (M&IE) Per Diem .................................................................. 14 B. Payment Methods for Travel and Required Expense Documentation ............................................ 15

1. Travel and Expense Claim Form (TEC) .................................................................................. 15

2. Travel Related Advances .......................................................................................................... 16

3. City-Issued Credit Cards .......................................................................................................... 16

4. Petty Cash ................................................................................................................................ 16 IV. EMPLOYEE BUSINESS EXPENSES 17
A. Business Related Meals .................................................................................................................. 17 B. In-Kind Meals ................................................................................................................................ 20 C. Meals During Day Trips ................................................................................................................ 20 D. Meals for Community, Volunteer, Emergency, and Employee Events .......................................... 20 E. Parking During Day Trips ............................................................................................................. 20 F. Non-Travel Expenses ..................................................................................................................... 21 G. Employee Automobile Costs for Local Business ............................................................................ 21

COURTESY COPY TO ASSOCIATION D
A-1
I.

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

GENERAL PURPOSE OF TRAVEL AND BUSINESS EXPENSE POLICY
NO. Vl-5 Rev. 15
DATE 01/01/2018
�ANAGER
The reimbursement or payment of City business expenses for employees is subject to scrutiny by citizens, tax payers, the City's independent auditors, the Internal Revenue Service (IRS), and other federal and state agencies. The business records of the City are subject to review by outside parties pursuant to the State of California's Public Records Act.

The purpose of this polify is to fairly reimburse individuals who travel on City related business and to establish uniform travel and business expense reimbursement guidelines as well as to comply with all applicable laws and regulations.

All City Department Heads, and specifically the Financial Services Director, have a fiduciary responsibility to assure that all disbursements of public funds are for bona fide City business purposes at reasonable cost to the City. The Financial Services Director or Designee is responsible for interpreting and ensuring all City Departments are enforcing these Administrative Procedures. Any decisions by a Department Head to disallow expenses may be appealed to the Financial Services Director and ultimately if needed to the City Manager. Any exceptions to this policy must be approved in writing by the City Manager.

For the purposes of this Administrative Procedure, Section Vl-5 - Travel and Business Expense, the tenn "Employee" shall refer to all City employees, elected City Council Members, other elected City officials, and any appointed members of the City's Boards and Commissions that are treated as employees.

A separate City of Burbank Council Member Travel Expense Policy resolution has been adopted for City Council Members. City Council Members shall comply with this Administrative Procedure, Section IV-5 - Travel and Business Expense, except where superseded by the City of Burbank Council Member Travel Expense Policy.

A separate City of Burbank Boards and Commissions Travel Expense Policy resolution has been adopted for appointed members of the City's Boards and Commissions. The appointed members of City Boards and Commissions shall comply with this Administrative Procedure, Section Vl-5 - Travel and Business Expense, except where superseded by the City of Burbank Boards and Commissions Travel Expense Policy.

II. DEFINITIONS
The following definitions will apply to travel and business expenses of City Employees:

A. Ci
t
y Business
"City business" is defined as activities that are directly related to the ordinary, necessary, and/or required business functions of the City. It does not include any activities that are personal in nature as defined in Section II.B.

COURTESY COPY TO ASSOCIATION D
A-2

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
B. Personal Expenses
NO. Vl-5 Rev. 15
�1/01/2018
Cl MANAGER
The City will not pay or reimburse for personal expenses incurred while on City business. The following list provides examples of personal expenses not eligible for City expenditure or reimbursement:

I) Personal portion of any trip.
2) Family expenses - including a spouse or partner's expenses when accompanying the Employee on City business, as well as children or pet-related expenses. 3) Entertainment expenses - including theaters, movies ( either in-room or at a theater), sporting events, gym, massage or spa treatments, golf related expenses, cultural events, etc. 4) Alcoholic beverages - Under no circumstances will alcohol charges be reimbursed unless allowed for event programs in which the City Manager has given prior written consent (per Administrative Procedure, Section II.38-Alcohol and Drug Use Prohibition Policy). 5) Traffic violations, parking violations, etc.
6) Any repairs to private vehicles.

C. Accountable Expense Reimbursement Plan
It is the City's policy that all Employees are required to submit expenses pursuant to the requirements of an "Accountable Expense Reimbursement Plan" ( an Accountable Plan), as defined under Internal Revenue Code (IRC) Section 62(c), and Treasury Regulations 1.62-2 and l.274- 5T(b)(2). An Accountable Plan is an allowance or reimbursement arrangement under which amounts are nontaxable to the recipient. Reimbursements of travel and other business expenses to an Employee will be considered to be made under an Accountable Plan if they meet the following four requirements:
1) Expenses must be incurred in the performance of services as an Employee of the City (Treasury Regulation l.62-2(d)).
2) Employees must substantiate their expenses by submitting an expense report with the following information (Treasury Regulations l.62-2(c)(2) and l.274-5T(b)(2)):
• The amount of the expenditure
• The time and place of the travel or business event
• The business purpose of the expenditure
• The names and business relationship of any persons included in the expenditure

COURTESY COPY TO ASSOCIATION D
A-3

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE
J
1 /01/2018
�MANAGER
3) Employees must document their expenses with supporting receipts, paid bills, etc. within 60 days after the expense is paid or incurred (Treasury Regulation l .62-2(g)(2)). 4) Under Treasury Regulation 1.62-2(-f), unspent advances, if any, are required to be repaid by an Employee within 120 days after the expense is paid or incurred. However, it is the City's policy that such unspent advances, if any, be repaid within 60 days after they are paid or incurred.

If an arrangement meets the above requirements, all amounts paid under the arrangement are treated as paid under an Accountable Plan and are excluded from income. If an arrangement does not meet these requirements the amounts are considered paid under a Non-Accountable Plan and will be included in the Employee's gross income. This income will be reported as wages or compensation on the Employee's Forrn W-2, and subject to the withholding and payment of employment taxes (Revenue Procedure 2009-4 7).

D. Reasonable Hours
"Reasonable Hours" for the purpose of this policy are defined as a 12-hour period between 7:00 AM and 7:00 PM.

E. Non-Local and Local Travel
"Non-Local" travel is defined as:
1) Travel performed outside of a 40-mile distance (as determined by www.mapquest.com) of the City or the Employee's residence (whichever is less), AND 2) The Employee's duties require that they be away beyond the reasonable hours as defined in Section 11.D, AND
3) An overnight stay is required to get sleep or rest to meet the demands of their work while away.

All other travel not meeting the conditions in Non-Local travel items 1-3 will be considered "Local" travel.

F. Travel Days
Travel days are not to exceed one day before or one day after the business event and only if time and/or schedules prohibit travel during reasonable hours as defined in Section II.D.

COURTESY COPY TO ASSOCIATION D
A-4

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE
J
1/01/2018
�TY MANAGER
G. Travel and Business Expense Forms
1) Citywide Travel & Training Pre-Approval Form (TTP)-The TIP is required for all Employees below the level of Department Head when traveling overnight. This fonn must be completed and approved by the applicable Department Head or Designee and then submitted to the Financial Services Department, Accounts Payable Division, prior to travel. See Section III.A.2 for details.
2) Check Payment Request Fonn (CPR) -The CPR is used to request advanced payments for vendors, and Employees with an approved financial hardship. 3) Travel and Expense Claim Fonn (TEC)-The TEC is required for all Employees when a travel related expense has occurred, including all reportable and reimbursable expenses related to the business travel. See Section III.B.1 for details.
4) Employee Business Expense Reporting and Reimbursement Form (EBER) - The EBER is required when either:

OR
a) An Employee is requesting reimbursement for a non-travel related purchase. The EBER must include the following infonnation:
• The vendor name
• A description of the expenditure
• The business purpose for the expenditure
• The amount and payment method(s) of the expenditure
b) Whenever there is a non-travel, business food or meal expense incurred by the City, regardless of the amount. The EBER must include the following:
• The date of the meeting/event
• The vendor/restaurant name
• The location of the meeting/event
• The list of attendees:
- The names, titles, and departments of the Employees at the meal - The names and agencies of non-City Employees at the meal - The approximate number of attendees if the food expense is for a public meeting
• The business purpose for the expenditure
• The amount and payment method(s) of the expenditure

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A-5

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE 01/01/2018
��ER

TIPS FOR SUCCESSFUL DOCUMENTATION

PRIOR TO TRAVEL
o Complete a TTP (see section 111.A.2):
• Include any special requests on this form.
- Must include description of business purpose or reason for special requests. • Obtain department approval signature.
• Submit to Financial Services Department, Accounts Payable Division prior to travel commencing.

D If a travel advance for a financial hardship has been approved by the Department Head on a separate memo, submit the CPR, memo, and back-up information at least 11 business days prior to when the Employee requires the check.

DURING TRAVEL
D Be cognizant that any expenses to be claimed for reimbursement or charged on a City credit card must have a business related purpose.
o Obtain and keep track of all receipts to be reported. o Obtain an itemized hotel bill. Hotel bills must be in the Employee's name.

AFTER TRAVEL
o Complete a TEC for all business expenses - including those paid in advance or on a City credit card - within 60 days (see section III.B. l ). Include with the TEC submission:
• All original receipts (copies of the original receipts go with the City Credit Card Statements).
• A copy of the conference or training agenda.
• MapQuest printout documenting any mileage claims.
• A printout of the General Services Administration (GSA) locality amount if requesting above the standard federal per diem rate (www.gsa.gov). Please see the TEC fonn for step by step instructions on how to use the GSA website.
• Original rental car agreement (must only have Employee name(s) as authorized drivers). • Repayment by personal check of any unspent advances or reimbursements to the City.

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A-6

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
III. TRAVEL EXPENSES
A. Expenditure Guidelines for Travel

1. General City Policies
NO. Vl-5 Rev. 15
DATE 01/01/2018
?/f¥iAGER
Generally, City business expenses paid or incurred by an Employee while traveling away from home overnight on City business are reimbursable to the Employee if the expenses are accounted for in accordance with the rules for an Accountable Expense Reimbursement Plan defined in Section II.C.

Employees are expected to obtain the lowest cost available travel that reasonably meet business travel needs. The City presumes that travel on a commercial carrier, such as airlines or trains, are the most advantageous method of transportation. The use of alternative fonns of transportation should be documented on the TIP and pre-approved by the Department Head or Designee.

Arrangements for transportation, lodging, and other travel costs that have cancellation charges or penalties shall be carefully monitored by the Employee's department. Cancellation charges incurred because of an Employee's personal preference or convenience should not be approved for reimbursement; however, if a cancellation charge is deemed appropriate, the Department Head can approve the reimbursement of cancellation charges by approving an amended TIP (if the entire trip is cancelled) or on the TEC.

If an Employee has received, or will be receiving, per diem or other reimbursements of travel expenses from a source outside of the City, the Employee shall not be eligible to claim or receive any additional reimbursement from the City for the same expenses. If an Employee claims or receives reimbursement from the City and receives reimbursement from an outside source, the Employee is required to forward the reimbursement to the Financial Services Department,
Accounts Payable Division for handling and deposit.

2. Citywide Travel & Training Pre-Approval Form (TTP)
When traveling away from home overnight, all Employees below the Department Head level must complete a TTP documenting travel plans and any special requests. This form must be approved by the applicable Department Head or Designee and submitted to the Financial Services Department, Accounts Payable Division prior to travel. If the TTP is not completed, portions of the travel expenses may be disallowed, or portions of the reimbursed expenses may be considered as non-business expenses and be reportable as taxable compensation on the Employee's Fonn W-2.

If actual expenses for airfare exceed the estimated pre-approval amount by more than $100, a revised TTP is required to be approved and re-submitted to the Financial Services Department, Accounts Payable Division prior to travel.

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ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE 01/01/2018
��AGER
If the actual nightly base rate (not including any taxes or fees) for hotel accommodations exceeds the estimated pre-approval amount by $50 per night, a revised TTP is required to be approved and re-submitted to the Financial Services Department, Accounts Payable Division prior to travel.

3. Air Travel
Employees are expected to obtain the lowest available airfare that reasonably meets business travel needs. Whenever possible, Employees should take advantage of flight arrangements that minimize City cost (for example, purchasing a round trip ticket may be less expensive than two one-way tickets). All air travel shall be booked as far in advance as possible in order to receive the lowest fares possible. Flights departing outside of reasonable hours as defined in Section II.D may be chosen by the Employee but are not required. No air travel shall be booked in business or first class. Travel agents that have added ticket handling charges should be avoided.

Any elective airline convenience fees (such as additional fees for an aisle seat or priority check­ in) must be pre-approved on the TTP by the Department Head or Designee based upon individual need and flight distance.

Flight changes resulting in an additional cost to the City and incurred prior to travel must be approved by the Department Head or Designee
through an amended TIP. Discretionary change
fees for air travel subsequent to departure will not be reimbursed unless a valid business purpose is documented on a separate memorandum signed by the Department Head and attached to the TEC.

The cost for checked luggage will be reimbursed for one piece of luggage per Employee, each way. If an Employee is required to take more than one piece of checked luggage, the business purpose for the additional luggage must be disclosed and pre-approved by the Department Head or Designee prior to travel on the Employee's TTP.

4. Train Travel
Traveling by train at the lowest cost providing a reserved seat will be reimbursed.

5. Use of City-Owned Vehicle
When a City-owned vehicle is used, actual gasoline charges and other reasonable and necessary expenses incurred in operating the vehicle shall be reimbursed. All original receipts, including those originating from the use of a City credit card, must be turned in upon return, charged to the proper department, and included with the TEC.

Employees who have a City-owned vehicle assigned to them should utilize that vehicle when traveling by car. Exceptions to using their City-owned vehicle shall be pre-approved by the Department Head or Designee prior to travel on the Employee's TTP.

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A-8

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

6. Use of Personal Vehicle
Mileage Reimbursement
NO. Vl-5 Rev. 15
DATE 01/01/2018
�AGER
Employees will be reimbursed for use of a personal vehicle in accordance with Administrative Procedure, Section 1.21 - Use of Personal Vehicle for City Business.

The standard IRS mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile, including depreciation, insurance, repairs, tires, maintenance, gas, and oil (IR-2014-114).

The number of miles for reimbursement will be determined based on the most direct route calculated by www.mapquest.com. A printout from MapQuest must be included with the Employee's TEC.

Employees who receive a car allowance will not receive mileage reimbursement for Local travel (within 40-miles of the City or th_e Employee's residence, whichever is less - Section ILE). For Non-Local travel mileage, Employees receiving a car allowance will be reimbursed the mileage traveled beyond the 40-mile local definition.

Car Allowance Example
An Employee receiving a car allowance attends a meeting in San Diego which is 130 miles from Burbank and 140 miles from their residence. Total mileage can be claimed for 180 miles:
130 miles (the lesser of the distance from Burbank vs. the Employee's residence) - 40 mile Local travel distance (for receiving a car allowance) X
2 (each way)
180 miles eligible for reimbursement
Driving to and from the Business Event
If an Employee wishes to use a personal vehicle within 250 driving miles from the City or the Employee's residence, whichever is less, they may do so without additional pre-approvals.

An Employee may request to use a personal vehicle outside of 250 driving miles if it is pre­ approved and justified on their TTP for one of the following reasons:
• The Employee has a business reason why the use of a private vehicle would be justified under the circumstances.
• The Employee has a medical necessity why the use of a private vehicle would be justified (please do not include any personal medical details).

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A-9

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE 01/01/2018
��ER
If the request to use a personal vehicle outside of the 250-mile driving distance is pre-appro�ed by the Department Head or Designee for one of the above reasons, the mileage charges will be reimbursed at the standard IRS mileage rate.

If a Department Head or Council Member uses a personal vehicle outside of 250 driving miles they must include in the Comments Section of their TEC the business reason or state that there is a medical necessity. The mileage charges will be reimbursed at the standard IRS mileage rate. If a Department Head or Council Member chooses to use a personal vehicle for non­ medical personal reasons, the following procedures shall apply.

If an Employee wishes to use a personal vehicle outside of 250 driving miles for personal reasons, the Employee will only be reimbursed for the lesser of:
a) The IRS mileage rate times the applicable round trip business miles traveled to and from the destination only, or
b) The lowest cost available travel that reasonably meets business travel needs which otherwise would have been paid or incurred.

Documentation must be provided for both a) and b) in order to be eligible for reimbursement.

Example 1
An Employee will be giving a presentation at a conference in San Francisco. Normally, the lowest cost transportation would be an airline flight, plus ground transportation at the destination site by taxi or shuttle. However, the Employee will be required to transport computer equipment and large boxes of presentation materials to San Francisco. Under the circumstances, it is reasonable for the Employee to travel to San Francisco by car. The Employee submits the request to drive their personal vehicle on their TTP, selecting the "This request is for a business reason or medical necessity" box and the "Reimburse total roundtrip mileage" box. The Employee will then describe the business reason for d1iving their personal vehicle in the
justification section. If the Department Head or Designee approves the TTP, the Employee may submit for reimbursement of the standard IRS mileage rate for the total applicable mileage when submitting their TEC.

Example 2
An Employee will be traveling to Arizona for a conference. Normally, the lowest cost transportation would be an airline flight, plus ground transportation at the destination site by shuttle or taxi. However, the Employee would like to take their golf clubs for a conference related golf tournament and does not want to fly. As this is an elective reason to drive a personal vehicle, the Employee submits the request to drive their personal vehicle on their TTP, selecting the "This request is for a personal reason" box, entering the roundtrip mileage, and entering the equivalent transportation expenses. The Employee will select either the "Reimburse total

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A-10

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE 01/01/2018
�AGER
roundtrip mileage" box or the "Reimburse up to equivalent transportation expenses" box - whichever is less. The Employee will then describe the reason they are requesting to drive their personal vehicle and attach the supporting documentation substantiating the equivalent transportation expenses. If the Department Head or Designee approves the TTP, the Employee will receive the reimbursement for the lesser of the two transportation options.

7. Use of Rental Cars
Vehicles may be rented for transportation at the destination point when an Employee travels to the destination via airline, train, or similar commercial carrier. All rental cars must be requested and pre-approved on the TTP before travel commences (for Employees below Department Head level). Any exception to the adherence of the below guidelines must be preapproved on the TTP by the Department Head or Designee.

Employees shall adhere to the following guidelines for rental cars:
• The cost of the rental should be less than the charge for the available shuttle or taxi service.
• Allowable costs for a rental car shall be by renting the most economical or compact car option.
• Rental vehicles should be booked as far in advance as possible, in order to receive the lowest price.·
• An original car rental agreement showing the number of days, the authorized driver, and type (?f vehicle rented is required for vehicle rental expense reimbursement claims. A copy of the receipt or a credit card receipt alone is insufficient for reimbursement. • If there is an additional driver on the rental car agreement that is not a City of Burbank Employee, the entire cost of the rental car is not reimbursable. • When renting a car, rental insurance shall be waived as Employees are covered by the City's insurance policy.
• If gasoline charges are not required in the rental contract, gasoline purchase receipts may be submitted for reimbursement. Pre-paid fuel options should always be avoided. • Drop off charges will not be reimbursed unless there is a documented business purpose. • The City is not responsible and has no liability for property damage or injury, if anyone other than the City Employee is driving the rental car and is in an accident.

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A-11

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

8. Parking
Airport Parking
NO. Vl-5 Rev. 15
DATE 01/01/2018
��GER
If an Employee drives a personal vehicle to the airport, they must choose the most economical parking available (long-term, standard, or economical). • Burbank Bob Hope Airport - Lots A & C
• Los Angeles International Airport - City Lot C
• Ontario International Airport - Lot 5
If an Employee elects to park in an alternative lot, they will only receive the amount for the above approved lots, or the actual cost, whichever is less.

Burbank Bob Hope Airport Parking Permit
In 2008, the Burbank-Glendale-Pasadena Airport Authority established a parking pennit for the Cities of Burbank, Glendale, and Pasadena as the Joint Powers Authority Cities. As JPA Cities, the Airport Authority issues ten parking pennits per year to each city to accommodate the ongoing utilization of the Bob Hope Airport.

In 2009, the City of Burbank issued five parking permits by the Airport Authority and made them available to Elected City Officials and Department Executives. The use of the airport parking permits have reduced parking cost otherwise incurred. Further, it encourages the use and demonstrates our support of the local Burbank airport.

The Bob Hope Airport parking pennits are
available for use and must be checked out in the
City's Managers Office record log. Individuals provided with a parking permit are responsible for complying with Fair Political Practices C01mnission Regulation 18944.1.

Hotel Parking
When parking at a hotel, Employees must choose the most economical parking available. Valet parking at the hotel will only be reimbursed if it is the only hotel provided parking available. If an Employee elects to use Valet parking instead of available standard lots, the Employee may receive reimbursement for the standard lot rate if substantiation is provided with the TEC.

9. Taxis and Shuttles
Employees will be reimbursed the cost of taxi services, Uber X, Lyft, ( or basic level equivalent), or airport shuttle when traveling to and from the local and destination airports. If an Employee chooses to use the services of a limo, town car service, or other higher cost vehicle (including Uber Black or equivalent) the City will only reimburse based on miles traveled at the standard IRS mileage reimbursement rate.

Tips for taxi or shuttle drivers are a reimbursable expense and shall not exceed 20% of the fare.

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A-12

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

10. Hotel Accommodations
NO. Vl-5 Rev. 15
DATE 01/01/2018
��GER
When it is necessary for an Employee to travel overnight on City business and lodging is required, the Employee will be reimbursed the cost of the hotel. Accommodations, where available, shall be of a standard or economy class. Employees shall adhere to the following guidelines for hotel acc01mnodations:
• If the seminar, conference, or group meeting is held at a sponsoring hotel with negotiated rates for attendees, Employees will be allowed to stay at the designated hotel for the days of the event. Hotel reimbursements will be made for the actual cost paid or incurred for the hotel room. In order to qualify for reimbursement, the Employee must submit supporting conference or meeting brochures or announcements, and invoices supporting the days attended.
• An itemized hotel bill is required for all hotel reimbursements. • Employees are responsible for canceling hotel rooms before the cancellation period ends and should record the cancellation number in case of disputes. Employees will not be reimbursed for "no-show" hotel charges unless there are unavoidable circumstances for not canceling the room and are documented on a separate memorandum signed by the Department Head and attached to the TEC.
• If the cost of meals has been charged to a hotel room invoice, such costs should be deducted from the hotel bill, and the Employee should submit for meal reimbursements through the meal per diem arrangements described in Section III.A. I 1.

Local Travel Requiring Hotel Accommodations
If an Employee attends a seminar, conference, or group meeting that is considered "Local" travel (as defined in Section ILE), the Department Head or Designee may pre-approve the hotel accommodations on the TTP. In order for the hotel to be nontaxable to the Employee, all of the following requirements of Treasury Regulation 1.162-32 (Safe Harbor Rules) must be met:
1) The local lodging is necessary for the Employee to fully participate in a bona fide business meeting, business event, training activity, or other business function. 2) The employer requires the Employee to remain at the activity or function overnight. 3) The lodging is not lavish or extravagant under the circumstances, and does not provide any significant element of personal pleasure, recreation, or benefit. 4) The lodging is for a period that does not exceed five calendar days and does not recur more frequently than once each calendar quarter.

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A-13

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

11. Meals and Incidental Expenses (M&IE) Per Diem
NO. Vl-5 Rev. 15
DATE 01/01/2018
�GER
Any Employee who is required or authorized to travel overnight in the discharge of his/her duties shall receive, in addition to transportation and hotel accommodation expenses, a meals and incidental expenses (M&IE) per diem allowance for each day or fraction thereof while engaged on the trip. Per diem shall not be allowed for single day trips (See Section IV.C).

M&IE reimbursement allowance will be equal to the standard federal per diem rate. These amounts can be located on the U.S. General Services Administration (GSA) website (www.gsa.gov). If an Employee requests per diem at the standard federal rate, no additional documentation is required. For all greater amounts, an itemized printout of the locality's federal per diem rate shall be included with the Employee's TEC documentation.

Guidelines for Using Per Diem
1) Receipts are not required for substantiation of the GSA defined per diem allowance. 2) Per diem shall be used for meals, snacks, and incidental expenses. Incidental expenses include fees and tips given to porters, baggage carriers, and hotel staff. Tips for taxi or shuttle drivers are not included in incidental expenses but are included in Section 111.A.9 - Taxis and Shuttles.
3) Per diem shall be for days actually spent on City business, for programmed days of a business event or meetings, and for time spent in travel (as defined in Section 11.F). 4) Travel days are reimbursed at 75% of the daily per diem rate or based on actual itemized receipts up to the total daily per diem rate.
5) Per diem shall not be allowed or reimbursed for meals included as part of the registration fee for a conference or seminar. However, when only a continental breakfast is offered at a conference or seminar, the Employee may elect to purchase another breakfast and be reimbursed for the cost up to the per diem amount. No preapproval is required however an itemized receipt documenting the expense must be submitted to qualify for this exception.

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A-14

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
B. Payment Methods for Travel and Required Expense Documentation

1. Travel and Expense Claim Form (TEC)
NO. Vl-5 Rev. 15
DATE 01/01/2018
5-�GER
A TEC must be completed by a department when either requesting travel-related reimbursement for an Employee or reporting travel-related expenses that have already been paid or charged on a City credit card. All TEC's must be approved by the Department Head or Designee. All TEC's for Department Head's must be approved by the City Manager or their Designee. When completing the TEC the following documentation must be provided and/or attached:
l) Infonnation about which Employee incurred the expense:
• Employee number
• Employee name
• Employee's department
2) City and state of the conference, event, training, meeting, etc. 3) Travel/Training event title
4) Whether travel was local or non-local (as defined in Section ILE) 5) Beginning and end date of travel
6) A description of the business purpose of the expense 7) Account number to charge the Employee reimbursement (if applicable) 8) A copy of the class or conference agenda/brochure or other substantiation of the event 9) Itemized hotel bill (See Section III.A.10)
l O) Printout of the GSA locality per diem amount if requesting above the standard federal rate (See Section III.A.11)
11) Mapquest.com printout documenting any mileage claims 12) Meal receipts if charged on a city credit card, requesting up to the full per diem on travel days, or for business related meals (see Section IV.A) 13) Original car rental agreement
14) Any other applicable expenditure receipts
Upon review of the TEC by the Financial Services Department, the Employee will be reimbursed any amounts due.

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A-15

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE

2. Travel Related Advances
NO. Vl-5 Rev. 15
DATE 01/01/2018
j?�AGER
It is the City of Burbank's policy to not grant travel advances for Employee travel.

In case of financial hardship an Employee may request a travel advance up to 75% of the projected per diem and lodging costs. This request must be on a separate memo approved by the Department Head.

If a financial hardship has been approved, a CPR with back-up information pertaining to the scheduled trip (i.e. the signed financial hardship memo, TTP detailing all expenses, enrollment/registration form) must be completed and approved by the Department Head or Designee in order to request an advance for an Employee. The completed CPR and documentation should then be submitted to the Financial Services Department, Accounts Payable Division for review and processing. No advances will be issued more than 30 days prior to travel.

To guarantee processing of an advance payment, the request must be submitted to Financial Services, Accounts Payable Division, at least 11 business days prior to when the Employee requires the check.

No special checks will be processed for travel advances.

3. City-Issued Credit Cards
A City-issued credit card may be used to pay for business travel expenses including lodging and airfare. City-issued credit cards must be used in accordance with the Administrative Procedure, Section VI 11 - Use of Procurement Cards. Travel expenses paid by a City-issued credit card are to be denoted in the credit card column on the TEC.

If a City-issued credit card is used for meal expenses, an itemized receipt must be submitted per Administrative Procedure, Section VI 11 - Use of Procurement Cards, even when the amount is less than the eligible federal per diem rate. If the meal charged to the City credit card is greater than the eligible federal per diem amount, the Employee will be required to reimburse the City for the difference. For all travel related charges, original statements and sales receipts are to be attached to the TEC and copies are to be attached to the Monthly Procurement Card Purchase Report.

4. Petty Cash
Petty Cash can only be used in accordance with the Administrative Procedure, Section VI. 06 - Petty Cash.

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A-16

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
IV. EMPLOYEE BUSINESS EXPENSES
NO. Vl-5 Rev. 15
DATE 01/01/2018
�� ITY NAGER
Employees are responsible for conducting City business and promoting the City. On occasion, it becomes necessary for individuals to incur expenses during the course of perfonning the duties for which they are responsible. It is the policy of the City to reimburse Employees or allow the use of a City-issued credit card for authorized and substantiated expenditures made in the course of conducting City business.

A. Business Related Meals
For purposes of this policy, a "business related meal" is defined as:
1) Food/refreshments purchased for a meeting or event between one or more City Employees and outside parties where necessary City business is discussed, or 2) Food/refreshments purchased for a meeting between City Employees where necessary City business is discussed.

Employees shall adhere to the following guidelines for business related meals:
• Any business discussion must be in a clear business setting. Meetings or discussions at a nightclub, cocktail lounge, theater, sporting event, or other such venues do not qualify as an appropriate setting for business discussions (IRC Regulation 1.274-2). • When business related meals are involved, the business discussion can occur before the meal, during the meal, (in a restaurant or location if it provides for a clear business discussion) or after the meal.
• "Reciprocal meals" where Employees regularly meet for lunch are not considered a business related meal even if business is discussed (IRS Publication 17). • Business related meal expenses that involve only City Employees must be pre-authorized by the Department Head. It is the Department's responsibility to ensure that business related meal expenses only involving City employees are pre-approved. • Business related meal expenses that involve only City Employees must be less than or equal to the applicable per diem rate, per Employee in attendance. • If one Employee pays for all attendees on a City-issued credit card, that person is responsible for reimbursing the City for any costs over the per diem per Employee allowance.
• Business related meal expenses that involve City Employees and outside parties must be reasonable in nature for both expense and location.

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A-17

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
NO. Vl-5 Rev. 15
DATE 01/01/2018
,gr;4£AGER
• It is understood that there must be legitimate business reasons for such meetings, and that these arrangements will not be abused.
• Alcohol charges will not be reimbursed under any circumstances. • All non-travel business related meals (regardless of amount) must be reported on an EBER fonn documenting and including:
- Date of meeting/event
- Vendor or restaurant name
- Location of meeting/event
- List of attendees
• The names, titles, and departments of the City Employees at the meal • The names and agencies of non-City Employees at the meal • The approximate number of attendees if the food expense is for a public meeting - The business purpose of the meeting
- The amount and payment method(s) of the expenditure
- Original itemized receipt
• Any business related meal conducted while traveling must be reported on the Employee's TEC. The business meal expense should be listed in the miscellaneous column on the TEC.

The following infonnation shall be included in the Comments Section of the TEC (whether requesting a reimbursement or paid by City-issued credit card):

Date of meeting
Vendor or restaurant and location of meeting/event (if different) The business purpose of the meeting
List of attendees
Itemized receipt
Business Related Meals - City Employees Only
Example 1
Five Employees need to meet to discuss official City business. Due to scheduling conflicts, it is only convenient for the Employees to meet over lunch to discuss the matter. The Employees decide to meet at a local restaurant with a clear business setting to discuss the matter. These Employees do not regularly or customarily meet together for lunch. One person pays for lunch on their personal credit card for all five attendees.

The paying Employee submits to Financial Services, Accounts Payable Division the completed EBER approved by their Department Head, CPR, and original itemized receipt. This Employee will be reimbursed the actual cost of the meal expenditures not to exceed the allowed per diem, per Employee.

COURTESY COPY TO ASSOCIATION D
A-18

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
Example 2
NO. Vl-5 Rev. 15
DATE 01/01/2018
��GER
Four Employees need to meet to discuss official City business. Due to scheduling conflicts, it is only convenient for the Employees to meet for dinner to discuss the matter. The Employees decide to meet at a local restaurant with a clear business setting to discuss the matter. These Employees do not regularly or customarily meet together for dinner. A City-issued credit card is used to pay for all four attendees. The total meal expenditure exceeds the allowable per diem per Employee amount.

When the paying Employee submits their monthly Procurement Card Report, they will include a completed EBER approved by their Department Head, the original itemized receipt, and a reimbursement check payable to the City for the amount of the charge exceeding the allowable per diem per Employee amount.

Example 3
Three Employees regularly meet for lunch once a week at various local restaurants. The Employees take turns picking up the check. Under IRS Publication 17, these are referred to as "reciprocal meals" and are not considered "business meals". Therefore these meal expenditures are not reimbursable by the City, even if City business is discussed.

Business Related Meals - City Employees and Outside Parties Example 1
An Employee needs to meet with the director of a non-profit organization about a potential partnership to provide services to the community. The discussion occurs in a restaurant which allows for a clear business setting. The Employee paid for both parties at the business meal using their own personal credit card. The total meal expense is reasonable in nature and the Employee is in compliance with the City's Alcohol and Drug Use Prohibition Policy.

The Employee submits to Financial Services, Accounts Payable Division a completed EBER, CPR, and the original itemized receipt. The Employee will be reimbursed the actual cost of the meal expenditures, excluding any alcohol charges.

Example 2
An Employee needs to meet with an outside party to discuss a potential project in the City and they decide to meet at a Dodger game to discuss the details. The Employee pays for both of their tickets and meals. Since the meeting took place at a sporting event, this meeting does not qualify as an appropriate setting for business discussions. Therefore, these meeting expenditures are not reimbursable by the City.

COURTESY COPY TO ASSOCIATION D
A-19

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
B. In-Kind Meals
NO. Vl-5 Rev. 15
DATE 01/01/2018
�� J5irv NAGER
.

In-kind meals are meals furnished on-site by an employer without charge to the employee. These meals will not be reported as compensation to employees if they satisfy the following two requirements of IRC Section l 19(a):
1) The meals are furnished on the business premises of the employer. 2) The meals are furnished for the convenience of the employer.

Treasury Regulation 1.119-1 ( a)(2) states: "Meals furnished by an employer without charge to the employee will be regarded as furnished for the convenience of the employer if such meals are furnished for a substantial non-compensatory business reason of the employer." In-kind meals would include on-site meetings, on-site City hosted events, on-site working meals, etc. In-kind meals must be reported on the EBER by the Employee hosting or planning the meeting/ event.

C. Meals During Day Trips
Meals dming day trips (i.e. where the Employee does not procure lodging) do not qualify for reimbursement (BISSONNETTE v. COMMISSIONER, 127 T.C. 124 (T.C. 2006)).

D. Meals for Community, Volunteer, Emergency, and Employee Events Refreshments and meals associated with Community Events, Volunteer Appreciation Events, City Employee Appreciation Breakfast, After School Programs, Interview Panel Meals, Food for Emergency Meals, and the like are not limited by the City's general meal per diem amounts; however, it is assumed these will be at a reasonable cost to the City.

The Employee in charge of the event must document the place, the number of attendees, the program, and the business purpose of the event on the EBER along with all applicable receipts.

Per Administrative Procedure, Section II.38 -Alcohol and Drug Use Prohibition Policy, alcohol may be allowed for event programs in which the City Manager has given prior written consent. A copy of the written consent must be included with the EBER when alcohol or alcohol bartending services are purchased.

E. Parking During Day Trips
Departments may reimburse employees for parking fees incurred during day trips. Reimbursements may be submitted either through the Petty Cash process in compliance with Administrative Procedure, Section VI 06 - Petty Cash, or by submitting to Financial Services, Accounts Payable Division a completed EBER, CPR, and the original receipt.

COURTESY COPY TO ASSOCIATION D
A-20

ADMINISTRATIVE PROCEDURE
SUBJECT: TRAVEL AND BUSINESS EXPENSE
F. JVon-Travel.Expenses
NO. Vl-5 Rev. 15
DATE 01/01/2018
q�GER
Employee non-travel business expenses/reimbursements must follow the Administrative Procedure, Section VI. 09 - Purchasing Procedure and Section VI. 13 - Use of Special Services by City Departments. If the Employee does not comply with these sections, reimbursements will be denied.

When an Employee is requesting a non-travel related reimbursement the Employee must include a completed and signed EBER documenting the business purpose for the expense. The Department Head or Designee approving the reimbursement is responsible for ensuring the expense is in compliance with the City's Purchasing Procedures.

G. Employee Automobile Costs for Local Business
See Administrative Procedure, Section I.21 - Use o,f Personal Vehicle for City Business.

COURTESY COPY TO ASSOCIATION D
A-21

CITY OF BURBANK

COUNCIL MEMBER

TRAVEL EXPENSE POLICY
I. POLICY STATEMENT
The purpose of this policy is to establish the guidelines applicable for official travel by elected City Council Members and to be in compliance with California Government Code §53232 .2. Travel by City Council Members is an appropriate activity and expense when performed for a public purpose. Official travel shall be limited to events from which the City derives specific benefits through attendance of a Council Member(s) and shall be supported. Therefore, Council Members shall be reimbursed for actual and necessary expenses incurred in the performance of these official duties.

II. COMPLIANCE
This policy, and any changes thereto, shall be adopted by City Council at a public meeting. (Cal. Gov’t code §53232.2(b)).

All documents related to reimbursable expenditures are public records subject to disclosure under the California Public Records Act. (Cal. Gov’t code §53232.3(e)).

Any personal information, including credit card numbers contained on any receipts, may be redacted before publicly releasing such records.

When considering potential travel activities, members of the City Council shall ensure that California Open Meeting (Brown Act) requirements are not violated.

City Council Members shall comply with Administrative Procedure, Section VI-5 - Travel and Business Expense , except where superseded by this policy. Any expenditures that are not described in these policies or the Internal Revenue Service reimbursable rates, must be approved by the City Council at a public City Council meeting, before the expense is incurred (Cal. Gov’t code §53232.3(f)).

III. DEFINITIONS
A. City
For the purposes of this policy, “City” shall include the Successor Agency of the City of Burbank and the Burbank Housing Authority.

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B. Council Member
For the purposes of this policy, “Council Member” shall include where the City Council Members act as members of the Successor Agency of the City of Burbank, the Burbank Housing Authority, and any other entity or body duly created by the Burbank City Council.

IV. QUALIFYING TRAVEL EXPENSE OCCURRENCES
For the purposes of this policy the types of occurrences th at qualify Council members to receive reimbursement of actual and necessary travel expenses include:

1. Communicating with representatives of regional, state, national government and international governments and Sister City counterparts, their various agencies and entities on issues of interest and/or impact to the City, as well as communicating on City adopted or authorized policy positions.

2. Attending educational seminars and trainings designed to improve City Council Members’ skill and information levels.

3. Participating in regional, state, and national organizations whose activities and conferences affect the City’s interests (e.g. League of California Cities).

4. Attending City -sponsored or community events, excluding religious or political events.

V. COUNCIL MEMBER TRAVEL EXPENSE ALLOTMENT
A. Travel Expense Allotment Defined
Each Council Member will be provided funds, on an annual basis as part of the adoption of the annual City budget, to support travel expenses. These funds are expected to cover the cost of airfare, lodging, taxi, shuttle, meals, conference registrations, se minars, and other non-local travel related expenses.

B. Exceeding Travel Expense Allotment
Any travel that will cause a Council Member to exceed their allotment must be approved by a majority of the City Council prior to expending travel funds. This shall be requested as an agenda item during City Council meeting “Additional Agenda Items” for a motion and vote at a future City Council meeting.

C. City Council Member Travel Expense Allotment Distribution Allotments may be adjusted and agreed upon by City Council during the annual budget process.

A-23

1. ALLOTMENT A:

All Council Members shall receive an equal budgeted travel expense allotment.

2. ALLOTMENT B:

Due to ceremonial responsibilities, the Mayor and Vice Mayor shall receive an additional travel expense allotment.

3. ALLOTMENT C:

The remaining budgeted allotment shall be reserved for unbudgeted travel expenses. Refer to Section V.B on how to access Allotment C.

VI. REPORTS AT CITY COUNCIL MEETINGS
At each regular meeting of the City Council, Council Members shall briefly report on meetings attended at City expense (Cal. Gov’t code §53232.3(d)) . If multiple officials attended, a joint report may be made. In addition, all non -local travel will be reported on the City Council’s Quarterly Report.

VII. TRANSPORTATION ALLOWANCE
Council Members engage in travel each month to attend various meetings to which they have been appointed, educational seminars, meetings of other government and non -government agencies on which they sit as the City of Burbank representative, and to attend various local community functions and events as part of the City’s outreach efforts. To compensate Council Members for local transportation expenses, mileage, rideshare, parking fees (including valet parking expenses), and other necessary transportation co sts incurred in connection with local travel, Council Members will receive a transportation allowance. This allowance will eliminate the need to reimburse Council Members for these expenses.

A. Amount of Transportation Allowance
The amount of the transportation allowance shall be the same for all Council Members and agreed upon by the City Council during the proposed annual budget session.

B. Payment of Transportation Allowance
Payment of the transportation allowance will be made through the City’s regular biweekly payroll process along with the Council Member’s regular compensation. In accordance with Internal Revenue Service (IRS) regulations, A-24
the transportation allowance shall be treated as income, subject to income tax withholding, and reported on the Council Members’ Employee Form W-2.

VIII. MEALS
Council Members shall be entitled to reimbursement for meals and associated gratuities in compliance with the rates and policies established for City employees per Administrative Procedure , Section VI-5 Travel and Business Expense.

However, Council Members are required to submit original itemized receipts documenting meal expenses in order to be eligible for reimbursement (Cal. Gov’t code §53232.3(c)).

IX. OFFICIAL REPRESENTATION
Council Members provide official City representation and support at events such as retirement and separation functions; awards functions, special ceremonies; non-profit fundraising events where the proceeds of the event benefit a civic, cultural, or charit able organization providing services for the benefit of Burbank residents and/or businesses that foster the City’s overall livability; and similar activities; and as such may incur necessary meals and food -related expenses. In such cases, the individual is acting in his/her official capacity and the expense of the Council Member and spouse/significant other is incurred for the benefit of the City and is reimbursable at full cost, if the City has not already purchased admission tickets for the Council Member and spouse/significant other. The City will not cover donation tickets in lieu of attending the event.

X. COUNCIL MEMBER TRAVEL AND EXPENSE CLAIM FORM
In order to receive travel reimbursements, Council Members shall complete and submit to the Financial Services Department, a Council Member Travel and Expense Claim Form (CM-TEC) and be in compliance with the following requirements per Cal. Gov’t code §53232.3(b-c):

1. CM-TEC forms should be submitted within a reasonable time after incurring the expense, not to exceed 60 days.

2. CM-TEC forms shall be accompanied by all the receipts documenting each expense except as provided for below.

3. By signing the CM-TEC, the Council Member shall certify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and that they are in compliance with this policy and the City’s Administrative Procedure, Section VI-5 - Travel and Business Expense.

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In the event that a receipt, invoice, cancelled check, or other documentation is lost, the Council Member shall make a good faith effort to obtain a duplicate copy. If documentation cannot be obtained, the Council Member may complete a City Council Missing Receipt Form (MRF) to document the details of the expense and describe how the expense was necessary to the performance of their official duties. It is understood that the use of an MRF shall be for rare, infrequent circumstances and shall not be abused. An MRF will not be accepted for expenditures over $100.00.

XI. ETHICS TRAINING
Per California Government Code §53235, since Council Members receive salary, transportation allowance, and reimbursements for actual and necessary expenses incurred in the performance of official duties, all Council Members shall receive at least two hours of training in general ethics principles and ethics laws relevant to their public service every two years.

XII. ELECTED CITY CLERK AND CITY TREASURER
Pursuant to California Government Code § 36517 the City Council sets the compensation for the elected City Clerk and City Treasurer. As elected City officials, part of their compensation is reimbursement for necessary City Travel.

The Elected City Clerk and City Treasurer reimbursement of travel expenses will be governed by the City’s Administrative Procedure, Section VI-5 - Travel and Business Expense , which governs travel reimbursement for all other City employees.

XIII. POLICY VIOLATIONS
Violations of this policy, including falsifying expense reports, may result in any or all of the following (Cal. Gov’t code §53232.4):

1. Loss of reimbursement privileges

2. Demand for restitution to the City

3. Any other applicable state or federal penalties, including criminal prosecution.

A-26
"

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRIMINATION, HARASSMENT,

AND RETALIATION POLICY
I. STATEMENT:

NO. 11-45 Rev. 3
DATE 8/26/15
!fad:�

CITY MANAGER
The City of Burbank is committed to providing a work environment that is free of discrimination and will take all reasonable steps to prevent discrimination and/or harassment from occurring. In keeping with this commitment to both prohibit and prevent discrimination and/or harassment, the City maintains a strict Administrative Procedure (AP) prohibiting discrimination and/or harassment based on the following protected characteristics: age, sex (including pregnancy, childbirth, or related medical conditions), gender, race, color, religion, national origin, ancestry, citizenship status, military and veteran status, marital status, sexual orientation, gender identification, genetic information, medical condition, FMLA/CFRA eligibility, or any disability protected by state and federal law.

Furthermore, this AP prohibits all forms of discrimination and/or harassment, including verbal, physical, visual or written. Finally, retaliation as defined in this AP is also prohibited.

This AP applies to all employees, including non-supervisory personnel, co­ workers, supervisors, management, and appointed officials, in their interactions with each other, as well as, interactions with non-employees who have contact with them during their work hours, such as: employer agents, suppliers, applicants, customers, contractors, vendors, and the general public.

Discrimination and/or harassment based upon an individual's protected characteristic as outlined in this AP will not be tolerated. Disciplinary action or other appropriate sanctions, up to and including termination, will be instituted for prohibited behavior as defined in this AP.

Conduct that does not violate this AP may still violate prov1s1ons of the Memorandum of Understanding with employee groups, the Civil Service Rules, or other APs.

II. DISCRIMINATION, HARASSMENT, AND/OR RETALIATION:

For the purpose of this AP, discrimination shall be generally defined as any adverse employment action (such as refusal to hire, promote, or provide a City service) on the basis of the identified protected characteristics listed within the first section of this AP.

For the purpose of this AP, harassment shall generally be defined as either quid pro quo or hostile work environment. Quid pro quo harassment occurs when a

REQUIRES EMPLOYEE ASSOCIATION APPROVAL D
A-27

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRiMINATION, HARASSMENT,

AND RETALIATION POLICY
NO. 11-45 Rev. 3
DATE 8/26/15
��

CITY MANAGER
supervisor/manager makes submission to unwelcomed sexual conduct a term or condition of employment. A hostile work environment occurs when an employee is subjected to certain behavior or conduct based on a protected characteristic and that behavior or conduct is sufficiently severe or pervasive as to alter the conditions of the employee's employment and create an abusive working environment.

Such behavior can include intimidation, ridicule and insult. The conduct does not have to be directed at a specific individual but may also include a non­ employee who observes the conduct. The conduct includes epithets, display of derogatory visual or written material, repeated requests for sexual contacts, unwanted sexual advances, or other visual, verbal, or physical conduct of any nature objectively inappropriate to a work environment (see the attachment to this AP for more detailed examples). This includes many forms of offensive behavior and includes behavior of a person of the same sex or opposite sex. A person does not have to protest the conduct and may appear to "voluntarily" consent to the conduct. An individual may not protest the conduct for many reasons, including the need to avoid being insubordinate or being outcast.

Engaging in any behavior or conduct described above, if based on a protected characteristic, is prohibited by this AP and may be subject to discipline, even if the behavior or conduct is not severe or pervasive enough to create a hostile work environment as legally defined.

For the purposes of the AP, retaliation shall be generally defined as any adverse action taken against a person who has reported and/or filed charges or complained about discrimination and/or harassment, even if it cannot be proven that the discrimination and/or harassment occurred; or against a person who is a witness to such conduct and/or supports the claims of another person or participates in the investigation of such a claim. Retaliation includes real or implied threats to prevent an individual from reporting acts of discrimination and/or harassment, or demotion, reduction in pay, or termination from employment for reporting such acts.

III. ENFORCEMENT:

Both supervisory and non-supervisory personnel may be held personally liable for harassing an employee, co-worker, or non-employee, or for aiding and abetting discrimination and/or harassment. In order to facilitate effective enforcement of this AP, the following obligations are imposed:

A-28

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRIMINATION, HARASSMENT,

AND RETALIATION POLICY
NO. 11-45 Rev. 3
DATE 8/26/15

CITY MANAGER
(a) Supervisors/Managers - Supervisors/managers are required to immediately report any conduct they directly observe or is reported to them by any employee which might constitute any violation of this AP to the Management Services Director or Department Manager.

Supervisors/managers are also required to immediately report any conduct that might violate this AP of which they have knowledge that is not obtained through direct observation or reported by an employee. When supervisors/managers have knowledge from a third party, or receive information that is clearly rumor and is without any substantiating details that can be followed up on, they are expected to use their judgment in determining whether and how to proceed. If a Supervisor is unsure how to proceed, they should consult their superior or Management Services or, in an abundance of caution, report the incident.

Supervisors/managers have a duty to stop and report any form of discrimination and/or harassment. This also includes discrimination and/or harassment incidents with employees not under their direct supervision.
(b) Employees - Any employee who becomes the subject of or has direct knowledge of any such discrimination and/or harassment is required to promptly report the facts of the incident(s) to their immediate supervisor, any manager, Department Manager, or the Management Services Director.
( c) The City of Burbank - The City will assess each situation as though all of the allegations are true in determining whether an investigation is warranted. If an investigation is necessary, the City will conduct an investigation regardless of whether the recipient or a non-employee reports the potential violation.

Disciplinary action will be taken promptly against any
supervisor/manager/employee if it becomes known to management that such person has engaged in conduct that is in violation of this AP.

No employee shall be retaliated against for reporting discrimination and/or harassment or participating in an investigation. In addition, no employee shall A-29

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRIMINATION, HARASSMENT,

AND RETALIATION POLICY
NO.

DATE
Il-45 Rev. 3
8/26/15
interfere or use pressure to discourage any other employee or harassment victim from using this procedure.

IV. PROCESS:

All reports of discrimination, retaliation, and/or harassment will be assessed promptly and in as confidential a manner as possible, with due regards to the privacy rights of the complainant and the due process rights of the accused. Every possible effort will be made to assure the confidentiality of complaints made under this AP. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action.

Once there is a report of discrimination, harassment, and/or retaliation, the Management Services Director, in consultation with the City Attorney's Office, shall assess if an investigation should be conducted, and if so, by the Department or by the Management Services Director or designee. If the employee's complaint is against a Department Manager, the Management Services Director or designee shall conduct the investigation after consultation with the City Manager.

In the event it is determined that the allegations as presented by the complainant are not sufficient to establish that the complainant was subjected to discrimination, harassment , and/or retaliation under this AP, the complainant will be informed of that determination and no further investigation related to a violation of this AP need be conducted.
(a) Investigation - All inves tigations shall be completed within a reasonable time. If it is determined an investigation is warranted, any employee alleged to have violated this AP shall be informed in writing of the investigation and admonished not to discuss and/or interfere with the investigation or retaliate against the complainant(s). At the conclusion of any investigation, the City will make a finding that either:
( 1) no violation of this AP occurred;
(2) there was insufficient evidence to conclude whether or not a violation of this AP occurred;
(3) a violation of this AP occurred.

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•
V.

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRIMINATION, HARASSMENT,

AND RETALIATION POLICY
NO. 11-45 Rev. 3
DATE 8/26/15
�dedt

CITY MANAGER
(b) Finding - The City's finding will be based upon the totality of the evidence, including the nature of the conduct and the context in which it occurred.

The City will not disclose a complete investigation report; however, a summary of the findings will be communicated to the accused and complainant as promptly as possible.

If it is found that no violation of this AP occurred or there is insufficient evidence to conclude that a violation occurred, the complainant will be informed of that finding and advised they may proceed further by contacting either the California Department of Fair Employment and Housing or the United States Equal Employment Opportunity Commission.
( c) Consequences - If it is found a violation of this AP has occurred, the City will take prompt and appropriate remedial action commensurate with the severity of the offense. In addition, the City will take all reasonable steps to protect the complainant from further discrimination, harassment, and/or retaliation.
( d) Appeal - An employee subject to disciplinary action as a result of a violation of this AP may appeal pursuant to the relevant provisions of the employee's Memorandum of Understanding or the Civil Service Rules, where applicable. In the event no appeal process is provided for under either of those, the employee may appeal any discipline or any action taken against them pursuant to AP 11-4.

ADDITIONAL REPORTING OPTIONS:

In addition to reporting any cases of discrimination and/or harassment to their immediate supervisor, any manager, Department Manager, or Management Services Director, employees or job applicants may file a complaint with the following agencies:

California Department of Fair Employment and Housing
611 West Sixth Street, 151h Floor
Los Angeles, CA 90017
800-884-1684/800-700-2320 (TTY)
www.DFEH.CA.gov
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•

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRIMINATION, HARASSMENT,

AND RETALIATION POLICY
The Equal Employment Of port unity Commission
255 East Temple Street, 41 Floor
Los Angeles, CA 90012
213-894-1000
NO. 11-45 Rev. 3
DATE 8/26/15
��

CITY MANAGER
These agencies offer legal remedies and a complaint process. In addition, they may file formal accusations against the City and/or harasser, access fines or damages as granted by the law, or provide a right to sue letter to the victim. If you have any questions concerning this AP, please feel free to contact the Management Services Director at 818-238-5026.

A-32

ADMINISTRATIVE PROCEDURE
SUBJECT: ANTI-DISCRIMI NATION, HARASSMENT,

AND RETALIATION POLICY

ATTACHMENT A
NO. 11-45 Rev. 3
DATE 8/26/15
�k:1/ CITY MANAGER
Discriminatory and/or harassing conduct includes, but is not limited to:

VERBAL - making or using derogatory comments, epithets, slurs, and/or jokes; using verbal abuse based on a protected characteristic; inappropriate comments about an individual's body, physical features and/or dress (including dress that may or may not be consistent with gender identification); degrading words used to describe an individual; suggestive or obscene letters or notes; offering employment benefits or promises in exchange for sexual favors; or making any unwelcome sexual advances or propositions.

VISUAL - Leering; making sexual or offensive gestures; or displaying of demeaning, offensive, or suggestive objects, e-mails, drawings, pictures, cartoons, or posters related to a protected characteristic.

PHYSICAL - Offensive touching, pinching, grabbing, patting, impeding or blocking movements, or interference with normal work or movement.

THREATS & DEMANDS - Making real or implied threats of intimidation to prevent an individual from reporting discrimination and/or harassment based on a protected characteristic or making threatening reprisals after a negative response to sexual advances.

A-33
I-22 Rev. 3
1 / 1 / 00

POLITICAL ACTIVITIES

ADMINISTRATIVE PROCEDURE

I. STATEMENT:

It is
the policy of the City of Burbank to encourage its employ ees to develop an interest in community affairs and to become active in community social and political organizations to the extent permitted by State and Fe deral law. The political activities of City emp loyees should always be carried out with the highest degree of integrity and respect. Subject to the limita tions herein set forth, every employee is free to actively support, in a variety of way s, any candidate or political issue of his or her choice.

II. PROCEDURE:

A. City Policy
1)
City employees are directed not to campaign, circulate or si gn petitions of a political or other nature, utilize City vehicles f o r campaign work, or be photographed for campaign endorsements during normal working period, while on duty, or in uniform. 2) Such restrictions prohibit th e use of any employee's working time, the use of City supplies and/or the use of City materials for furthering, in any way, the candidacy of the employee or any ot her individual.
3) Political activities must be limited to the employee's own t ime, using outside resources, and political endorsements should be given as individuals rather tha n a s e m p l o y e e s o f t h e C i t y o f Burbank.

B. State Law Restrictions
State law prohibits any City officer or employee from doing the following:
1) Directly or indirectly soliciting or receiving political funds or contributions, knowingly, from other City officer s or employees or from persons on the employment lists (Sec. 3205, Government Code). However, communications through the mail or by other means for political funds or contributions to significant segments A-34
I-22 Rev. 3
1 / 1 / 00

POLITICAL ACTIVITIES

ADMINISTRATIVE PROCEDURE
II. PROCEDURE: continued
of the
public which may include officers or employees of the Ci ty is not prohibited.
2) An
employee can solicit contri butions from other employees t o promote the passage or defeat of a ballot measure which would a ffe ct th e ra te o f p ay , h o u rs o f w o r k , ret ire men t, civ il s erv i ce, or other working conditions of the City (Sec. 3209, Government Code). Employees shall not solicit funds for such purposes whi le on duty nor shall they enter onto any place used for government al purposes in order to engage in s uch activity except an auditori um or other place used for the conduct of public or political rallies or similar events, or a park, street, public land, or other place not being used for governmental purposes of the City.
3) Participating in political activities of any kind while in u niform (Sec. 3206, Government Code).

C. Federally Funded Programs
City officers and employees whos e principal employment is in co nnection with a City activity which is fina nced in whole or in part by l oans or grants made by the United States or a Federal agency are prohibited by Federal law (5 U.S.C.A. Sec. 1501-1508) from:
1) Being a candidate for elective office if any candidate repre sents a national or state political party any of whose candidates for presidential electors received votes in the last preceding elec tion at which presidential electors were selected (this does not preclu de participation as a candidate in campaigns where none of the candidates represents such a political party).
2) Using his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office.
3) Directly or indirectly coercing, attempting to coerce, commandi ng or advising a State or local officer or employee to pay, lend, or A-35
I-22 Rev. 3
1 / 1 / 00

POLITICAL ACTIVITIES

ADMINISTRATIVE PROCEDURE
II. PROCEDURE: continued
contribute anything of
value to a party, committee, organizatio n,
agency, or person for political purposes.

D. The City Clerk, as a means of continuing education, shall di stribute this Administrative Procedure to all C ity employees at least one (1) m o n t h prior to any Burbank primary election.

E. It is the responsibility of the Department Manager to ensure t h a t a l l employees are made aware of the foregoing.

F. Orientation sessions with new employees will include notice of this directive.

G. Any violation of the foregoing restrictions s hould be immediately brought to the attention of the City Manager in writing.

H. Any questions regarding the propriety of a particular politi cal activity should be referred to the City Attorney.

A-36

BURBANK MUNICIPAL CODE
ARTICLE 16. CONFLICTS OF INTEREST
DIVISION 1. CONFLICTS OF INTEREST CODE
2-1
-1601: PURPOSE; ADOPTION OF STANDARD CODE
A. PUR
POSE: The purpose of the Political Reform Act (California Government Code Sections 81000, et seq.) and this Conflict of Interest Code is to ensure that no public official shall make, participate in making or in any way attempt to use his or her official position to influence a governmental decision in which he or she knows or has reason to know he or she has a financial int erest.

Section 18730 of Title 2, Division 6 of the California Code of Regulations, authorizes a City to adopt and promulgate a conflict of interest code by incorporating by reference the provisions of Section 18730, along with a designation of employees an d formulation of disclosure categories.

B. ADOPT
ION OF CONFLICT OF INTEREST CODE: The City
of Burbank hereby incorporates the provisions of Section 18730 of the California Code of Regulations, and as amended, along with the Designation of Positions and reporting requirements, as well as defined Disclosure Categories by City Council Resolution, as and for its Conflict of Interest Code. The provisions of this Code and such City Council Resolution shall be in addition to the requirements of Government Code Section 81000, all regulations promulgated in accordance therewith, and all other applicable laws pertaining to conflicts of interest, as presently written or as later amended, all of which are incorporated by reference herein. [Added by Ord. No. 3121, eff. 8/20/88. Amended by Ord. No. 19-3,911, eff. 3/8/19; 3715; 3516.]
2-1
-1602: DESIGNATED EMPLOYEES
[Deleted by Ord. No. 19-3,911, eff. 3/8/19; Added by Ord. No. 3121, eff. 8/20/88; Amended by Ord. No. 16- 3,881, eff. 8/12/16; 3833; 3793, 3753, 3715, 3854.]
A-37
2-
1-1603: DISCLOSURE CATEGORIES
[Added by Ord. No. 3121, eff. 8/20/88; Deleted by Ord. No. 3715, eff. 3/27/07.]
2-
1-1604: STATEMENTS OF ECONOMIC INTEREST
One original copy of each statement of economic interests required to be filed by this article shall be filed with the City Clerk. [Added by Ord. No. 3121, eff. 8/20/88.]
DI
VISION 2. RESTRICTIONS ON FORMER CITY OFFICIALS,

APPOINTEES, AND CERTAIN EMPLOYEES
2-
1-1620: DEFINITIONS
For the purposes of this article, the following definitions shall apply:

AP
POINTEE: Park, Recreation and Community Services Board
members, Transportation Commission members, Board of Building and Fire Code Appeals members, and Airport Authority
commissioners.

CITY
OFFICIAL: City Council members, the City Clerk, the City Treasurer, and Planning Board members.

HI
GH LEVEL EMPLOYEE: Those employees holding the following City positions: City Manager, Assistant City Manager, Deputy City Manager, City Attorney, Chief Assistant City Attorney, Community Development Director, Chief Assistant Community Development Director, Police Chief, Fire Chief, Public Service Department General Manager, Public Service Department Assistant General Manager, Park, Recreation and Community Services Director, Deputy Director of the Park, Recreation and Community Services Department, Public Works Director, Assistant Public Works Director, Management Services Director, Financial Services Director, Library Services Director, and Information Systems A-38
General Manager. Any change in titles of the employee positions subject to this article shall automatically be incorporated herein.

PA
RTICIPATED: To have taken part personally and substantially, as an official, high level employee, or appointee, through decision, approval, disapproval, recommendation, the rendering of advice on a substantial basis, or investigation. A City official’s or appointee’s refusal from voting on a matter on the basis of a conflict of interest shall not constitute participation hereunder. [Added by Ord. No. 3516, eff. 6/5/99.]
2-
1-1621: ONE YEAR REPRESENTATION BAN FOR CITY

OFFICIALS
No
former City official, for a period of one year after leaving City office, shall, for compensation, appear as a representative for any person (other than the City), before the City Council or any City board, commission, officer, or employee, i n connection with any proceeding, application, request for ruling or other determination, claim, controversy, permit, license, grant, contract or the sale or purchase of goods or property. [Added by Ord. No. 3516, eff. 6/5/99.]
2-
1-1622: ONE YEAR REPRESEN TATION BAN FOR HIGH

LEVEL EMPLOYEES AND APPOINTEES IF THEY

PARTICIPATED IN MATTER
A.

No former City high level employee or appointee, for a period of one year after leaving City service, shall, for compensation, appear as a representative for any person (other than the City), before the City Council or any City board, commission, officer, or employee, in connection with any proceeding, application, request for ruling or other determination, claim, controversy, permit, license, grant, contract or the sal e or purchase of goods or A-39
property, if the former City high level employee or appointee participated in the matter. [Added by Ord. No. 3516, eff. 6/5/99.] 2-
1-1623: EXEMPTIONS
The prohibitions contained in Sections 2-1-1621 and 2-1- 1622 of this article shall not apply:

A. To
prevent any former City official, high level employee, or appointee from representing himself or herself, or any member of his or her immediate family, in their individual capacities, in connection with any matter pending before the City Council or any City board, commission, officer, or employee;
B. To
prevent any former City official, high level employee or appointee who is or becomes an officer or employee of another government agency from making an appearance or communication before the City Council or any City board, commission, officer, or employee for the purpose of influencing action on behalf of such government agency;
C. To pr
event a former City official, high level employee or
appointee who is an attorney from serving as a representative of a defendant in a criminal proceeding, where the offense(s) for which such representation is made occurred at least three (3) months following termination of the official, high level employee, or appointee’s service with the City;
D. To pr
event a former City official, high level employee, or
appointee from making or providing a statement based upon the former official, employee, or appointee’s own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses;
A-40
E. To prevent a former City official, high level employee or appointee from giving testimony under oath, or from making statements required to be made under penalty of perjury. [Added by Ord. No. 3516, eff. 6/5/99.]
2-
1-1624: APPLICATION
This article shall apply to all City officials, high level employees, and appointees who leave City office or employment on or after the effective date of this article. [Added by Ord. No. 3516, eff. 6/5/99.] 2-
1-1625: DISAPPROVAL OF TRANSACTIONS
If a former City official, high level employee or appointee violates any provisions of this article, such violation or violations shall be adequate grounds for the City to disapprove any contract, approval, permits, or other transaction that was related to any such violation. [Added by Ord. No. 3516, eff. 6/5/99.]
2-
1-1626: CRIMINAL AND CIVIL PENALTIES
A. Eac
h violation of the provisions of this article shall constitute a misdemeanor.

B. A ci
vil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a civil penalty of up to five hundred dollars ($500.00) for each violation of this article. [Added by Ord. No. 3516, eff. 6/5/99.]
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DIVISION 3. ONE YEAR CITY EMPLOYMENT PROHIBITION

FOR FORMER COUNCIL MEMBERS
2-
1-1630: CITY EMPLOYMENT PROHIBITED FOR ONE YEAR

AFTER LEAVING ELECTED OFFICE OF COUNCIL MEMBER
No
person elected to the position of Council member shall accept or hold any position as a City employee until one year has elapsed after such person has vacated the office to which he or she was elected. [Added by Ord. No. 3611, eff. 1/18/03.]
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C i t y o f B u r b a n k F i n a n c i a l P o l i c i e s Revised: May 19, 2020

1. We will maintain a design ated General Fund working capital reserve equivalent to 15% of the General Fund's operatin g budget and a designated emergency reserve equivalent to 5% of the General Fund's operating budget.

2. We will maintain a balanced operating budget for all governmental funds with recurring revenues equal to or greater than recurring expenditures.

Appropriations of available fund balance will only be permitted for "one-time" non-recurring expenditures.

3. We will assume that normal revenue infl ation and/or growth will go to pay normal inflation expenditures. In no event will normal expenditure increases be approved which exceed normal revenue inflation and/or growth. Any new or expanded programs will be required to identify ne w funding sources and/or off-setting reductions in expenditures in other programs.

4. We will require that all Enterprise Funds have revenues (customer charges, interest income, and all other income) sufficient to meet all cash operating expenses, depreciation expense, and prescribed cash reserve policies per financial policies as recommended for each ente rprise activity. Additionally, each Enterprise Fund will maintain debt service coverage requirements set forth in any related bond covenants.

5. We will require that each Internal Service Fund which includes vehicles, equipment, and building maintenance have revenues, (City user charges, interest income, and all other income) sufficient to meet all cash operating expenses and depreciation expenses. The related revenues should also be sufficient to maintain cash reserves which provide sufficient cash to replace vehicles and equipment in accordance with replacement policies.

6. We will maintain appropriate reserves in the Risk Management Self- Insurance Fund and the Workers' Compensation Self – Insurance Fund to meet statutory requirements and actuarially projected needs.

7. We will maintain a general operating re serve which will support operations for each Enterprise Fund during times of financial emergencies. The amount of the general operating reserves will be determined based on a risk assessment of each Enterprise Fund.

A-43
C i t y o f B u r b a n k F i n a n c i a l P o l i c i e s Revised: May 19, 2020

8. We will maintain other Enterprise Fund reserves such as debt reduction and capital funding reserves, fleet replacement reserves, and general plant reserves (in addition to the general operating reserve and other reserves) as necessary and prudent for the operation of the specific Enterprise Fund. Such reserves will be reviewed as necessary during the annual budget process, or at least every two years.

9. We will maintain a long-range fiscal perspective through the use of an annual operating budget, a five-year capital impro vement plan, and a five-year financial forecast.

10. We will use long-term fina ncing methods or cash accumulated in excess of policy requirements for major capital im provements and acquisitions. These improvements will be planned via the annual capital improvement plan process.

11. We will issue bonds or incur other te rms of indebtedness only for appropriate purposes and only if the debt service does not effect the City’s ability to meet future operating, capital and reserve requirements.

12. We will require each budget appropriatio n request to include a fiscal impact analysis.

13. We will comply with all the requir ements of “Generally Accepted Accounting Principles.”

14. Subject to these Financial Policies:

A. In order to recruit and retain a well-
qualified workforce to provide exceptional
services, we will compensate employees at a le vel commensurate with the averag e
of Burbank’s relevant labor market.

B. The City and employees will evenly share the Normal Cost of employee pensions.

C. To effectively manage workload demand and personnel costs, we will staff services and programs based on the operational needs of the City.

15. We will require responsible funding of City provided post-employment benefits.

The objective being to maintain all benef its fully funded, understanding that due to the use of actuarial assumptions, actu al results will vary leading to years of either over or under funded status. In all years, the City will include the greater of A-44
C i t y o f B u r b a n k F i n a n c i a l P o l i c i e s Revised: May 19, 2020
the actual actuarially calculated annual post-employment benefit cost or the actuarially calculated annual normal cost of the post-employment benefit as a recurring cost in the City’s annual budget. In other words, the City will pay as we go annually the cost of retirement benefits for current or past employment service.

Further, the funding status of post-employment benefits will be reported to the City Council and public as an integral part of each year’s public budget presentation.

16. The City’s objective is to maintain c itywide infrastructure. To help ensure a minimum, reliable funding source for General Fund infrastructure improvements, maintenance, and repairs, th e City will dedicate no less than 50% of the revenues generated through the Burbank Infrastructure and Community Services Protection Measure (Measure P, §BMC 2-4-2101, et. seq.) toward this purpose. This dedicated revenue does not supplant the previously existing General Fund commitment, but is in addition to the baseline General Fund annual commitment of $4.7 million. The baselin e General Fund annual commitment is based on the average of the previous three year’s recurring General Fund infrastructure maintenance and repair funding prior to the voter approval of the Measure P (FY 2015-16, FY 2016-17, FY 2017-18).

17. In an effort to ensure employee pens ion benefits are responsibly funded, the City will require that any year-end General F und balance, in excess of 6% of the General Fund’s budgeted recurring appropria tions, be used to fund employee pension liabilities (either through a 115 tr ust or through direct payment to the benefit administrator i.e. CalPERS). Th is annual funding commitment will be required if employee pension benefits are less than 90% funded.

A-45
Art In Public Places Committee Cultural Arts Commission Senior Citizen Board Board of Building and Fire Code Appeals Heritage Commission Sustainable Burbank Commission Burbank Housing Corporation Infrastructure Oversight Board Transportation Commission Burbank Water and Power Board Landlord-Tenant Commission Youth Board Community Development Goals Committee Police Commission Boards, Committees and Commissions in Burbank Municipal Code (Not in City Charter)

CITY OF BURBANK

ELECTORATE
City Clerk
City Council
Housing Authority
Parking Authority City Treasurer
City
Manager City
Attorney
Library
Trustees
Parks &
Recreation
Board
Planning
Commission
Civil Service
Board
Management
Services
Information
Technology PolicePublic
Works
Financial
Services
Library
Services
Burbank
Water &
Power
Fire Parks &
Recreation
Community
Development
A-46

ADMINISTRATIVE PROCEDURE
Subject: CITY OF BURBANK COUNCIL MEMBERS OFFICE

ROTATION POLICY
I. PURPOSE
Version: 1-43
Date: 03/29/2017
,a.tANAGER
The purpose of this document is to actively prescribe guidelines applicable to City Council Office rotation by City Council Members as determined by the Annual City Council Reorganization Meeting held the first weekday in May. Council Members shall agree to comply with this policy in order to foster equity and benevolence amongst the entire Council.

The City Council Office consists of five individual offices made available to City Council Members for use during their term in office. One office is designated specifically for the current Mayor, and shall be referred to as office 1.

For clarification purposes, the remaining offices shall be referred to as offices 2 through 5. See diagram below for reference:

CM Conference Door/Entrance Office 5
Room Office 4
Mayor's Office 1 Office 3
Council Staff Office 2
*Note: Diagram is not to scale and is intended for clarification purposes only.

II. COUNCIL OFFICE CONFIGURATION
A. Incoming/Outgoing Mayor:

The incoming Mayor shall have office 1, which remains designated for the current Mayor.

The outgoing Mayor shall move to office 2. Office 2 shall be designated as the outgoing Mayor's office.

8. Vice Mayor:

The Vice Mayor shall have office 5, which shall be designated for the current Vice Mayor.

C. Council Members:

Offices 3 and 4 shall go to the two remaining Council Members. This excludes the Mayor, Vice Mayor, and outgoing Mayor, who already have designated offices.

A-47

ADMINISTRATIVE PROCEDURE
Subject: CITY OF BURBANK COUNCIL MEMBERS OFFICE

ROTATION POLICY
Version: 1-43
Date: 03/29/2017
��ANAGER
Straws will be drawn for these offices and will be administered by Council Office/City Manager staff. However, if a Council Member already occupies office 3 or 4, straws will not be drawn and the remaining Council Member will be assigned to the vacant office.

Ill. CONTINGENCIES:

If the outgoing Mayor has finished their term in office, or if they are not re-elected to the City Council, office 2 will go to the Council Member with the most seniority, excluding the Mayor and Vice Mayor who already have designated offices. Offices 3 and 4 would then be issued to the remaining two Council Members. Straws will be drawn for these offices and will be administered by Council Office/City Manager staff.

However, if a Council Member already occupies office 3 or 4, straws will not be drawn and the remaining Council Member will be assigned to the vacant office.

In the instance that all 3 Council Members, excluding the Mayor and Vice Mayor, have equal seniority, straws will be drawn for offices 2, 3 and 4 and will be administered by Council Office/City Manager staff.

A-48

THIS IS PROVIDED AS A SUMMARY OF BENEFITS AND DOES NOT CONFER ANY RIGHTS UPON ANY EMPLOYEE. PLEASE REFER TO THE APPROPRIATE RESOLUTION FOR A MORE DETAILED DISCUSSION OF THESE BENEFITS.

Revised 09/4/22
COMPENSATION: $1,547.99/month
FRINGE BENEFITS AND WELLNESS______________________________________________________ ▪ MEDICAL
City medical plan premium contribution up to
$703.75/month for member, plus additional
contribution if enrolling eligible dependent(s)
▪ DENTAL INSURANCE
Employer paid family coverage
▪ EMPLOYEE ASSISTANCE PROGRAM (EAP)
Available to employees and dependents
▪ VISION PLAN
City paid for employee only
Dependents maybe added at additional cost
▪ LIFE INSURANCE
City paid $100,000 policy
▪ ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE
Covered accident/injury/loss up to $102,000
Work-related accident up to an additional $50,000
▪ MEDICARE COVERAGE
Provided for employees hired after April 1, 1986
▪ WELLNESS
Up to $1,000.00/per fiscal year for costs
associated with participation in a Wellness
Program or a supervised health promoting activity
▪RETIREMENT BENEFITS________________________________________________________________ ▪ RETIREMENT - PERS (Optional Enrollment)

2.5% @ 55 OR 2.0% @ 62 up to 2.5% @ 67
(depending on PERS membership date and City hire date)
PERS will determine Classic or New membership
status
▪ RETIREMENT HEALTH SAVINGS PLAN (RHS)
City contributes $100.00/month
▪ RETIREE MEDICAL TRUST
$50.00/pay period City contribution
▪ §457 DEFERRED COMPENSATION PLAN
City matches §457 deferred compensation
employee contribution up to $100.00/month
MISCELLANEOUS______________________________________________________________________ ▪ WORKERS COMPENSATION
City is self insured and provides coverage to
member
▪ TRANSPORTATION ALLOWANCE
$250.00/month
▪ WELNESS CENTER AND LAP SWIM
Available to all active members at no cost
A-49
Eff.: 8-30-2019
ORDINANCE NO. 19-3,919

AN ORDINANCE O

F THE COUNCIL OF THE CITY
OF BURBANK AMENDI NG SECTION 2 -1-202 OF

THE BURBANK MUNICIPAL CODE RELATING TO
COMPENSATION OF COUNCIL MEMBERS.

City Attorn
ey Synopsis
Pursuant to B
urbank Municipal Code §2 -1-202 Council compensation may be adjusted by ordinance in an amount not to exceed that allowed for by Government Code Section 36516. The last salary adjustment was adopted in September 2015. This Ordinance provides an increase in salary from $1,289.99 to $1,547.99. The increase, however, is implemented over four years.

THE COUNCIL
OF THE CITY OF BURBANK DO ORDAIN AS FOLLOWS:

1. Section 2-1-202
of the Burbank Municipal Code is hereby amended to read as follows:

A. AMOUNT OF SA
LARY: Each member of the Council shall be paid a monthly salary in an amount equal to the maximum amount authorized to be paid to Council Members of general law cities of similar population by Section 36516 of the Government Code of the State of California as the same may be from time to time amended.

B. ADJUSTMEN
T TO COMPENSATION:

1. Pursuant to Government Code Section 36516, beginning on September 14, 2019 the salary for each Council Member shall be increased by 20% from $1290 to $1,547.99 a month. Notwithstanding the foregoing, said salary increase shall be implemented by setting Council’s salary as follows:

First pay period after September 14, 2019 - $1,354.49
Pay period containing September 14, 2020 - $1,418.99
Pay period containing September 14, 2021 - $1,483.49
Pay period containing September 14, 2022 - $1,547.99

2. Thereafter, the salaries shall be adjusted by ordinance of the City Council in an amount not to exceed that amount allowed for increase by Government Code Section 36516(a) and any amendments thereto.

3. In lieu of adjustment by ordinance of the City Council, the Council may submit the amount of compensation of Council Members to the electors of the City of Burbank, as provided for in Government Code Section 36516(b) and any amendments thereto.

A-50
19-3,919

2. If any provision of this Ordinance or its application is held invalid by a court of comp
etent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.

3. This Ordinanc
e shall become effective at 12:01 a.m. of the thirty -first day after adoption.

PASSED and ADOPT
ED this 30th day of July, 2019.
_s/Emily Gabel-Lud dy_________
Emily Gabel-Luddy
May
or
Attest:
_s/Zizette Mullins________________
Zizette Mullins, MMC, City Clerk
Approved as to Form:

Office of the City Attorney
By: _s/Amy Albano______________
Amy Albano, City Attorne y
A-51
19-3,919

STATE OF CA

LIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )
I, Zizette Mullin
s, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 19-3,919 was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 30th day of July, 2019, by the following vote:

AYES: Murphy, Spri
nger and Talamantes.

NOES: Frutos and G
abel-Luddy.

ABSENT: None.
_s/Zizette Mulli ns_____________
Zizette Mullin s, MMC, City Clerk
A-52

RESOLUTION NO
. 19-29,096

A RESOLUTION

OF THE COUNCIL OF THE CITY OF

BURBANK AMENDING AND RESTATING BENEFITS

PROVIDED TO MEMBERS OF THE CITY COUNCIL AND
REPEALING RESOLUTION NO. 19-29,090

THE COUNCIL O
F THE CITY OF BURBANK FINDS:

A. Through the
years the City Council has adopted and amended various
resolutions pertaining to City Council benefits.

B. The purpose of
this Resolution is to restate and reauthorize all benefits offered to Council Members, and to incorporate paying half the normal pension cost and increase the amounts payable for medical insurance.

THE COUNCIL
OF THE CITY OF BURBANK RESOLVES:

1. The following
benefits are provided for Members of the City Council.

A. PERS MEMBER CONT
RIBUTION.

City Council Members who elect to enroll in the Public Employees’ Retirement System (PERS) and are identified by PERS as Classic Members pay the full 8% member (employee) contribution. City Council Members who elect to enroll in PERS and are identified by PERS as New Members pay, as their full member contribution, half of the normal cost of the PERS pension as specified by the Public Employee Pension Reform Act (PEPRA), which is currently 6.5% and may be revised by PERS. Any increase or decrease in the New Members’ contribution will automatically take effect without further action by the City Council.

B. COST SHARING.

E
ffective the beginning of the pay period containing July 1, 2020, Classic Council Members will pay half of their respective pension’s normal cost, as provided for by PERS regulations. The normal cost of employee pensions is established annually by PERS.

As of Fiscal Year 2019-2020, half the normal cost of employee pensions is 9.14% for Classic Miscellaneous City Council Members. Pursuant to PEPRA, new PERS members will continue to pay half of their pension’s normal cost.

C. EMPLOYER PA
ID MEMBER CONTRIBUTIONS (EPMC).

EPMC are defined as contributions designated as employee contributions that are paid by the City of Burbank to PERS. The City of Burbank does not contribute EPMC to PERS on behalf of City Council Members.

A-53
19-29,096
D. MEDICAL INSU
RANCE.

The City will provide a monthly contribution toward the cost of medical premiums as follows:

PLAN OPTION CONTRIBUTION AMOUNT
Waive Medical Coverage $0
One Party Up to $703.75
Two Party Up to $1,085
Family Up to $1,410
“Up to” in the chart above indicates that if the cost of the option in the medical plan selected by a Council Member is equal to or less than the amount stated in the chart for the corresponding plan option, the Council Member will receive an amount equal to the premium; if the cost of the option in the medical plan selected by a Council Member is more than the stated amount in the chart for the corresponding plan option, the Council Member will receive an amount equal to the amount in the chart.

E. VISION AND DENTAL PLANS.

A vision plan will be provided to each Council Member. Dependent coverage for the vision plan is voluntary and will be paid for by the Council Members. Each Council Member will be automatically enrolled in a dental plan, which includes dependent coverage, if applicable.

F. LIFE INSURANCE.

A life insurance policy of $100,000 will be provided to each Council Member at no cost. In addition, an Accidental Death and Dismemberment (AD&D) policy of $102,000 will be provided to each Council Member at no cost through the City’s insurance vendor and a City self-funded AD&D policy of $50,000 will also be available at no cost to the Council Member.

G. EMPLOYEE ASSISTANCE PROGRAM.

An Employee Assistance Program will be provided to each Council Member at no cost.

H. RETIREE HEALTH SAVING (RHS).

The City will make a $100.00 per month contribution into an RHS account for each Council Member.

I. BURBANK EMPLOYEES’ RETIREE MEDICAL TRUST (BERMT).

The City will contribute $50.00 per pay period to BERMT on behalf of each Council Member who is eligible for BERMT under BERMT requirements. Currently to be eligible to participate in BERMT, the Council Member must be enrolled in PERS.

J. 457 MATCHING CONTRIBUTION.

The City will match each Council Member contribution to the Council Member’s 457 Deferred Compensation Account in an amount not to exceed $100 .00 per month.

A-54
19-29,096
K. WELLNESS.

Th
e City will provide up to $1000.00 per fiscal year to each Council Member to reimburse costs associated with participation in a Wellness Program or a supervised health promoting activity. Health promoting activity includes qualified sports clubs or gyms (including extended contracts), lessons, fitness enhancing physical activities, body scans, home exercise equipment (not applicable to golf equipment), comprehensive physical not reimbursed by personal medical coverage, and other non- covered or non -reimbursable medical costs, but shall not mean in any case the purchase of personal property such as athletic clothing or shoes (roller blades are acceptable). Exercise videos, except golf videos, will also be eligible for reimbursement.

L. TRANSPORTA
TION ALLOWANCE.

Effective June 30, 2019, the City will provide a transportation allowance of $250 per month to each Council Member.

2. The Financial
Services Director is authorized to make revisions, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the benefits specified in this resolution.

3. Resolution No
. 19-29,090 passed and adopted on May 21, 2019, is hereby repealed. It is the intent of the City Council in adopting this Resolution as an Amended and Restated Benefits Plan to incorporate paying half the normal pension cost, increasing the amounts payable for medical insurance and that all other benefits provisions appearing herein shall continue in effect and shall not be deemed to have been repealed or readopted by this Resolution.

PASSED and ADOP
TED this 23rd day of July, 2019.
_s/Emily G abel-Luddy_________
Emily Gabel-Luddy
Ma
yor
Attest:
_s/Zizette Mullins_______________
Zizette Mullins, MMC, City Clerk
Approved as to For
m:

Office of the City Attorney
By: _s/Amy Albano___________
Amy Albano, C ity Attorney
A-55
19-29,096

STATE OF CALI

FORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )
I, Zizette Mu
llins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a majority vote of the Council of the City of Burbank at its regular meeting held on the 23rd day of July, 2019, by the following vote:

AYES: Murphy, Spr
inger and Talamantes.

NOES: Frutos and G
abel-Luddy.

ABSENT: None.
_s/Zizette Mullins_____________
Zizette Mu llins, MMC, City Clerk
A-56

CITY COUNCIL

LIAISON DEFINITION OF ROLE AND PURPOSE
POLICY

1. COUNCIL LIAISONS. The Council Liaison is the Council Member who is specifically
assigned to be the liaison between the Commissi
on and the
City Council. The primary rol
e of the Liaison is that of facilitator of
communications
from the Commission to the Council. A Council
Member who is appointed to sit as a member of a board, commission or committee is not a liaison for
purposes of this definition.
a. Definition of the Role. The Council Liaison shall
facilitate communications between
the Commission and the
Council. The Liaison should not be an advocate for the Commission, give
direction or influence a decision of the
Commission.

The Liaison may, however, assist and provide
information.
b. Purpose. The Liaison acts as:
i. Spokesperson on behalf of the Council when so directed by the Council when seated as a body.
ii. Contact
person, if the Commission or an individual
Commissioner wants such a channel of communication.
iii. Monitor the Commission to identify procedural and structural issues relating to the effective functioning of the Commission for Council.
c. Participation
Expectation. Attendance is discretionary with
t
he Council Member, although attend ance at Commission
meetings is not required, it is encouraged. Liaisons shall have no vote on the Commission and shall not act as an ex officio member of a Commission.

Approved June 12, 2018
A-57
RALPH M. BROWN ACT

GOVERNMENT CODE
SECTIONS 54950-54963

INTRODUCTION
In 1953 California adopted the Ralph M. Brown Act, one of the earliest open meeting laws in the nation. This pamphlet is provided for the benefit of the officers, boards, and commissions of the City of Burbank to assist them in
complying with this important law. Since the Act has been the subject of numerous and significant judicial decisions and Attorney General Opinions, sp ecific questions should be directed to the City Attorney's Office.

EFFECTIVE JANUARY 1, 2022
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2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]
2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022
54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside 1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]
2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022
54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]
2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022
54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside 1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]
2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022
54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency.

Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the

2022 Brown Act from LegInfo 01-10-2022
scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2020, Ch. 89, Sec. 1. (AB 992) Effective January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 2 of Stats. 2020, Ch. 89.) 54952.3.

(a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency.
(b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member’s official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.)

2022 Brown Act from LegInfo 01-10-2022
54952.6.

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. (Added by Stats. 1961, Ch. 1671.)
54952.7.

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 who 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 each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. (Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1, 1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
549532.

(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) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the

2 Additional changes will become effective on January 1, 2024. See Appendix B.

2022 Brown Act from LegInfo 01-10-2022
legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]

2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022

54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency.

Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the

2022 Brown Act from LegInfo 01-10-2022
scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2020, Ch. 89, Sec. 1. (AB 992) Effective January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 2 of Stats. 2020, Ch. 89.) 54952.3.

(a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency.
(b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member’s official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.)

2022 Brown Act from LegInfo 01-10-2022
54952.6.

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. (Added by Stats. 1961, Ch. 1671.)
54952.7.

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 who 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 each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. (Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1, 1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
549532.

(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) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the

2 Additional changes will become effective on January 1, 2024. See Appendix B.

2022 Brown Act from LegInfo 01-10-2022
legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:

2022 Brown Act from LegInfo 01-10-2022
of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency.

Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the

2022 Brown Act from LegInfo 01-10-2022
scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2020, Ch. 89, Sec. 1. (AB 992) Effective January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 2 of Stats. 2020, Ch. 89.) 54952.3.

(a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency.
(b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member’s official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.)

2022 Brown Act from LegInfo 01-10-2022
54952.6.

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. (Added by Stats. 1961, Ch. 1671.)
54952.7.

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 who 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 each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. (Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1, 1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
549532.

(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) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the

2 Additional changes will become effective on January 1, 2024. See Appendix B.

2022 Brown Act from LegInfo 01-10-2022
legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]

2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022

54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency.

Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the

2022 Brown Act from LegInfo 01-10-2022
scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2020, Ch. 89, Sec. 1. (AB 992) Effective January 1, 2021. Repealed as of January 1, 2026, by its own provisions. See later operative version added by Sec. 2 of Stats. 2020, Ch. 89.) 54952.3.

(a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency.
(b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member’s official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.)

2022 Brown Act from LegInfo 01-10-2022
54952.6.

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. (Added by Stats. 1961, Ch. 1671.)
54952.7.

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 who 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 each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. (Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1, 1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
549532.

(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) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the

2 Additional changes will become effective on January 1, 2024. See Appendix B.

2022 Brown Act from LegInfo 01-10-2022
legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]

2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022

54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]

2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022

54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]

2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022

54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001 - 57607] CHAPTER 9. Meetings [54950 - 54963]

2022 RALPH M. BROWN ACT – California Open Meeting Law
Eff. January 1, 2022

54950.

In enacting this chapter, the Legislature finds 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.
(Added by Stats. 1953, Ch. 1588.)
54950.5.

This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
54951.

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.
(Amended by Stats. 1959, Ch. 1417.)
54952.

As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

2022 Brown Act from LegInfo 01-10-2022
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1.

Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 2 3 of Ch. 32.) 54952.2.1

(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside

1 Additional changes will become effective on January 1, 2026. See Appendix A.

2022 Brown Act from LegInfo 01-10-2022
of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency.

Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the