City of Goleta Boards and Commissions Handbook — Goleta City Council, December 19, 2023

Agenda Item A.4

CPMS CONSENT CALENDAR
Meeting Date: December 19, 2023

TO: Mayor and Councilmembers

FROM: Deborah Lopez, City Clerk

CONTACT: Liana Campos, Deputy City Clerk
David Cutaia, Deputy City Clerk
Blake Markum, Public Records Specialist

SUBJECT: City of Goleta Boards and Commissions Handbook

RECOMMENDATION:

Receive and file the City’s new Boards and Commissions Handbook.

BACKGROUND:

At the City Council meeting of May 16, 2023, staff provided document updates for all City Boards and Commissions with the expectation that the adopted Council Guidelines and Procedures for Boards and Commissions would be incorporated into an administrative Handbook for board and commission members (Attachment 1).

DISCUSSION:

The proposed Handbook reflects recent Council actions such as: the adoption of Resolution No. 23-23 setting forth certain guidelines and procedures for all City Boards and Commissions; the adoption of the Citywide Nondiscrimination and Harassment Policy and the Electronic Device Use Policy; and amendments to Goleta Municipal Code Title 2 governing the establishment, composition and purpose statements for a number of bodies. The Ha ndbook serves as a comp ilation of the Council -adopted policies and procedures that regulate the City's advisory bodies, as well as a guide to external regulations including the Brown Act, the Public Records Act, the Political Reform Act and conflict of interest laws, and ethics laws. The Handbook also provides information frequently requested by potential applicants, such as an overview of the purview of each body.

The Boards and Commissions Handbook is intended to be a working document that may be updated by the City Clerk from time to time based on feedback from the advisory bodies, staff and the public. The attached Handbook will be distributed to all members and used as part of training and orientation.
1 Meeting Date: December 19, 2023

Page 2 of 2 ends

This is an information item only. No Council action is required.

FISCAL IMPACTS:

There is no fiscal impact associated with this item.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. City of Goleta Boards & Commissions Handbook – December 2023

Appendix A – Resolution No. 23 -23 Setting Forth Certain Guidelines and Procedures for all City Boards and Commissions

Appendix B – City of Goleta Municipal Code § 2307 – Code of Ethics

Appendix C – Resolution No. 23-28 Adopting a Citywide Nondiscrimination and Harassment Policy

Appendix D – Resolution No. 23 -29 Adopting a City of Goleta Electronic Device Use Policy

Appendix E – Rosenberg’s Rules of Order, Revised

Appendix F – Open & Public V – A Guide to the Ralph M. Brown Act 2 ATTACHMENT 1
City of Goleta Boards & Commissions Handbook
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CONTENTS
WELCOME TO THE CITY OF GOLETA! ........................................................................ 2 PURPOSE AND OVERVIEW .......................................................................................... 2 STRATEGIC PLAN ......................................................................................................... 3 ACTIVE BOARDS AND COMMISSIONS ........................................................................ 4 BOARD AND COMMISSION OVERVIEW .................................................................... 13 ROLES & RESPONSIBILITIES ..................................................................................... 14 REGULATIONS AND POLICIES .................................................................................. 16 MEETINGS AND PROCESSES .................................................................................... 21 PLEASE KEEP IN MIND ............................................................................................... 25 ACKNOWLEDGEMENT OF POLICIES ........................................................................ 26

APPENDICES
APPENDIX A – RESOLUTION 23-23 SETTING FORTH CERTAIN GUIDELINES AND

PROCEDURES FOR ALL CITY BOARDS AND COMMISSIONS
APPENDIX B – CITY OF GOLETA MUNICIPAL CODE § 2.07 – CODE OF ETHICS APPENDIX C – RESOLUTION NO. 23-28 ADOPTING A CITYWIDE

NONDISCRIMINATION AND HARASSMENT POLICY
APPENDIX D – RESOLUTION NO. 23-29 ADOPTING A CITY OF GOLETA

ELECTRONIC DEVICE USE POLICY
APPENDIX E – ROSENBERG’S RULES OF ORDER, REVISED
APPENDIX F – OPEN & PUBLIC V – A GUIDE TO THE RALPH M. BROWN ACT 6 CITY OF GOLETA

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WELCOME TO THE CITY OF GOLETA!
Welcome and thank you for your willingness to serve as a member of a City of Goleta Board or Commission, referred to generally in this document as “advisory bodies. ” Advisory bodies play an important role in City governance by assisting the Mayor and City Council in addressing specific issues in detail, lending professional expertise, facilitating community decision-making, and serving as a primary conduit between citizens, City staff and departments, and the City Council. The City of Goleta has several advisory bodies, each with distinct responsibilities.

As a new advisory body member, you should familiarize yourself with the documents governing your particular body: these may include City ordinances, resolutions, relevant element(s) of the General Plan, and other documents, all available from your staff liaison.

The staff liaison is generally the Department Director or their designee. Review of these documents will help you get a sense of what your responsibilities are and are not. This Handbook is designed to serve as a reference for the basic protocols that apply generally to all City advisory bodies. As a new member you may want to meet with the staff liaison of your advisory body to get a better sense of your role and the business of the body.

Along with familiarizing yourself with your advisory body’s foundational documents, you may want to review agendas and minutes from recent meetings to see what current issues have been under consideration, as well as the advisory body’s work program to familiarize yourself with current goals. Learning your role and developing an effective voice takes time and familiarity. We hope this Handbook will assist you towards a satisfying and productive experience. Your participation is deeply appreciated by all aro und you—by the Mayor and City Council, by City department staff, and by your community. The vitality and strength of our community is found in the willingness of people like you to serve.

PURPOSE AND OVERVIEW
The City of Goleta Boards & Commissions Handbook (“Handbook”) is a reference guide that applies to City advisory bodies. It is intended to provide an overview of basic laws , policies, and procedures applicable to City advisory bodies and to clarify the role and responsibilities of the Board and Commission Members (“Members”) in relation to the City Council, City staff, and the public.

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STRATEGIC PLAN
Goleta is a beautiful, safe, and diverse community of residents with family -friendly neighborhoods that values the environment, agriculture, and open space while encouraging housing, recreation, and business opportunities.

STRATEGIC GOALS 1

ENVIRONMENT
Support Environmental
Vitality

COMMUNITY
Support Community Vitality
and Enhanced
Recreational Opportunities

FINANCES
Ensure Financial Stability

ECONOMICS
Support Economic Vitality

INFRASTRUCTURE
Strengthen Infrastructure

OLD TOWN
Return Old Town to a Vital
Center of the City

HEALTH AND SAFETY
Maintain a Safe and
Healthy Community

GOOD GOVERNANCE
Enhance the Efficiency
and Transparency of City
Operations

EQUITY AND

INCLUSION
Ensure Equity, Inclusion,
and Access in City
Programs, Services, and
Activities

The City’s most recent Strategic Plan is available on the City’s website, on the Mayor and City Council Page ( https://www.cityofgoleta.org/your-city/mayor-and-city- council/strategic-plan).

1 Adopted March 2023
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ACTIVE BOARDS AND CO MMISSIONS
DESIGN REVIEW BOARD 2
MEMBERS: 7
TERM: 3 YEARS
MEETINGS: Monthly or as needed to fulfill duties.

COMPENSATION: $75 per public hearing, meeting, or workshop.

PURPOSE
The purpose of the Design Review Board shall be to advise the City Council, Planning Commission, and staff and to exercise other such powers and duti es as established in Goleta Municipal Code Section 17.50.070. (Ord. 23-04 § 1; Ord. 15-04 § 1)

RESPONSIBILITIES
The responsibilities of the Design Review Board shall be those outlined in the Goleta Municipal Code, including, but not limited to, Section 17.50.070 and Chapter 17.58. (Ord. 23-04 § 1)

QUALIFICATIONS
A. Applicants and members must demonstrate respect for the diversity of the Goleta community and be committed to ensuring equity, inclusion, and access for all residents and visitors in the provision of government services.

B. Three at-large members must all reside within the City.

C. At least four members must be professionals as follows:

1. At least two members shall be licensed architects; and

2. At least one member shall be a licensed landscape professional (landscape architect); and

3. At least one member shall be a design professional who demonstrates an interest in Goleta and possess significant professional experience and /or professional licensure in design-related fields, including, but not limited to, architecture, landscape design, building design, urban or industrial design; and

4. At least one professional member shall be a City resident.

2 Goleta Municipal Code § 2.08
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D. All members shall be skilled in reading and interpreting architectural and landscape drawings and able to judge the effects of a proposed building, structure, landscaping or sign upon the desirability and development of surrounding areas.

E. No member of the Design Review Board may be an employee or officer of the City. (Ord. 23-04 § 1)

QUORUM REQUIREMENTS
Four members shall constitute a quorum, but a quorum must contain a minimum of one licensed architect and one additional professional. A quorum must also include two City residents. A professional who is also a City resident will satisfy both of these requirements. (Ord. 23-04 § 1; Ord. 20-12 § 4; Ord. 15-04 § 1)
HISTORIC PRESERVATIO N COMMISSION 3
MEMBERS: 7
TERM: 4 YEARS
MEETINGS: 6 per year or as needed to fulfill duties.

COMPENSATION: $75 per public hearing, meeting, or workshop.

PURPOSE
The purpose of the Historic Preservation Commission is to act as an advisory body to the staff, the Design Review Board, and City Council on all matters pertaining to historic preservation. (Ord. 23-04 § 1; Ord. 22-05 § 5)

RESPONSIBILITIES
The Historic Preservation Commission shall have such responsibilities as are prescribed in Section 17.50.080 of the Goleta Municipal Code. (Ord. 23-04 § 1; Ord. 22-05 § 5)

B. The Historic Preservation Commission shall be composed of professional and lay members with demonstrated interest, competence, or knowledge in historic

3 Goleta Municipal Code § 2.17
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preservation. Historic Preservation Commission members may be appointed from among the disciplines of ar chitecture, history, architectural history, planning, archaeology, or other related disciplines, such as American studies, landscape architecture, cultural geography, or cultural anthropology, to the extent that such professionals are available in the comm unity. Historic Preservation Commission membership may also include lay members who have demonstrated special interest/expertise, competence, experience, or knowledge of Goleta history and historic preservation, and/or are members of local Chumash tribal group(s).

C. A majority of the members shall be residents of the City during incumbency.

D. No member of the Historic Preservation Commission may be an employee or officer of the City. (Ord. 23-04 § 1; Ord. 22-05 § 5)
LIBRARY ADVISORY COM MISSION 4
MEMBERS: 5
TERM: 3 YEARS
MEETINGS: 6 per year or as needed to fulfill duties.

COMPENSATION: $75 per public hearing, meeting, or workshop.

PURPOSE
The purpose of the Library Advisory Commission shall be to advise staff and the City Council on matters affecting the Goleta Valley Library, representing the interests of the library’s patrons by recommending programming and services for the library.

The Library Advisory Commission shall advise the Library Board of Trustees (Board) and increase community participation in library issues by analyzing the library’s needs, considering goals, anticipating future needs and problems, acting as a liaison, acting as a sounding board, and helping to develop consensus for advisement to the Board. (Ord. 23-04 § 1; Ord. 19-03 § 1)

RESPONSIBIL ITIES
The Library Advisory Commission shall have the following responsibilities:

A. Recommending and implementing library goals and objectives to provide library services.

B. Reviewing and commenting on recommended changes to library policies.

4 Goleta Municipal Code § 2.14
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C. Performing such other duties as may be requested from time to time by the Board or as may be required by law. (Ord. 23-04 § 1)

QUALIFICATIONS
A. Applicants and members must demonstrate respect for the diversity of the Goleta community and be committed to ensuring equity, inclu sion, and access for all residents and visitors in the provision of government services.

B. Library Advisory Commission members shall be composed of professional and lay members with a demonstrated interest, competence, or knowledge in library science or oper ations, multigenerational and multicultural education, literacy, English as a Second Language (ESL), public engagement, or civic discourse.

C. Three of the five members must be residents of the unincorporated service area of the Goleta Valley, and one of the three members must be a resident of the Isla Vista Community Services District (CSD).

D. The remaining two members must be residents of the City of Goleta.

E. No member of the Library Advisory Commission may be an employee or officer of the City. (Ord. 23-04 § 1; Ord. 19-03 § 1)
PARKS AND RECREATION COMMISSION 5
MEMBERS: 7
TERM: 4 YEARS
Youth Member Terms: 2 Years
MEETINGS: 6 per year or as needed to fulfill duties.

COMPENSATION: $75 per public hearing, meeting, or workshop.

PURPOSE
The purpose of the Parks and Recreation Commission shall be to advise the City Council on all issues related to public parks, open spaces, beaches, and indoor and outdoor recreational facilities and opportunities in Goleta. (Ord. 23-04 § 1; Ord. 12-15 § 2)

RESPONSIBILITIES
The Parks and Recreation Commission shall have the following responsibilities:

5 Goleta Municipal Code § 2.12
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A. Advise the City Council and staff on policies, standards, guidelines and regulations related to City-owned parks, open space, and recreation.

B. Provide residents with a platform to discuss t he needs, opportunities, current offering of parks and recreational amenities and activities in the City.

C. Promote and stimulate the public interest, and the fullest use of City-owned parks, open space and recreational offerings.

D. Advise the City Council on long-range parks, open space, recreational planning and capital improvement.

E. Additional advisory duties may be requested by the City Council from time to time. (Ord. 23-04 § 1)

B. The Parks and Recreation Commission shall be composed of professional and lay members with a demonstrated interest, competence, or knowledge in the following areas:

1. Environmental science, ecology, environmental preservation, environmental restoration or public lands management.

2. Urban forestry/landscape architecture or horticulture.

3. Social, educational o r recreational needs of early childhood, youth, teen, adult and/or senior populations.

C. Members of the Parks and Recreation Commission shall be residents of the City.

D. The remaining two members must be residents of the City of Goleta.

E. No member of the Parks and Recreation Commission may be an employee or officer of the City.

F. The youth member shall be at least 15 years old and not more than 18 years old at the time of appointment. (Ord. 23-04 § 1; Ord. 12-15 § 2)

SPECIAL NOTES
YOUTH MEMBER: One member shall be a youth member. The youth member shall be at least 15 years old and not more than 18 years old at the time of appointment. The youth or student member may choose to waive compensation in order to allow the youth or student member to receive school or other educational or community service credit. 13 CITY OF GOLETA

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PLANNING COMMISSION 6
MEMBERS: 7
TERM: 4 YEARS
MEETINGS: Monthly or as needed to fulfill duties.

COMPENSATION: $150 per public hearing, meeting, or workshop. $300 one -time training stipend.

PURPOSE
The purpose of the Planning Commission shall be to advise the City Council and staff on all matters pertaining to land use, planning, and development. The Commission shall carry out such duties as are prescribed by California law or enumerated in the Goleta Municipal Code. (Ord. 23-04 § 1)

RESPONSIBILITIES
The Commission shall have such duties as are prescribed by California law, including, but not limited to, the following:

A. Make recommendations to the City Council regarding reasonable and practical means for implementing the General Plan or elements of the General Plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open space and natural resources;
B. Provide an annual report to the City Council on the status of the General Plan and progress in its implementation, including the progress in meeting the City’s share of the regional housing needs determined pursuant to Government Code Section 65584, local efforts to remove governmental constraints on housing purs uant to Government Code Section 65583, and compliance of the General Plan with the guidelines contained at Government Code Section 65040.2; C. Hold hearings and make recommendations to the City Council on tentative subdivision maps;
D. Annually review the Capital Improvement Program of the City for consistency with the City’s General Plan and make recommendations to the City Council; E. Report and make recommendations to the City Council on the conformity of proposed public land acquisition or disposal with the adopted General Plan; and

6 Goleta Municipal Code § 2.09
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F. Those duties and responsibilities as described in the Goleta Municipal Code, including, but not limited to, Section 17.50.040. (Ord. 23 -04 § 1; Ord. 20 -12 § 6; Ord. 20-03 § 5; Ord. 09-01 § 3; Ord. 07-13 § 1)

B. Members of the Commission shall be residents of the City for the year immediately preceding their appointment, and shall be qualified electors within the City.

C. No member of the Commission may be an employee or officer of the City. (Ord. 23-04 § 1; Ord. 07-13 § 1)
PUBLIC ENGAGEMENT CO MMISSION 7
MEMBERS: 7
TERM: 4 YEARS
Youth Member Terms: 2 Years
MEETINGS: 4 per year or as needed to fulfill duties.

COMPENSATION: $75 per public hearing, meeting, or workshop.

PURPOSE
The purpose of the Public Engagement Commission shall be to advise the City Council and staff on matters related to public engagement in City government and governance. (Ord. 23-04 § 1)

RESPONSIBILITIES
The Public Engagement Commission shall have the following responsibilities:

A. To advise the City Council and staff on public engagement matters, such as:

1. How the public can become informed about and influence public decisions;

2. How to interest and encourage people to become engaged in civic and political life through elected, appointed and volunteer positions;

7 Goleta Municipal Code § 2.19
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3. How the City should best communicate with residents to inform them about public problems, issues and policy matters;

4. What venues, technologies and available platforms should be used to best reach and inform residents about City government;

5. How to ensure equitable communication and outreach and how to ensure that all residents are invited to engage with the City government and comfortable doing so, including Spanish speakers and historically underrepresented groups; and

6. How best to involve residents in public discussion and deliberation on Ci ty matters through public comment, community surveying, stakeholder outreach, and other means.

B. To provide a venue to address opportunities and ways to improve public outreach and increase public engagement, including, but not limited to, participation in public meetings and events, participation on City boards and commissions, or running for public office.

C. To advise the City Council on ensuring a diversity of perspectives (geographically, demographically, linguistically, etc.) are invited to be considered in public decision- making.

D. Any other matters as directed by the City Council. (Ord. 23-04 § 1)

QUALIFICATIONS
A. Applicants and members must demonstrate respect for the diversity of the Goleta community and be committed to ensuring equity, inclusion, and acces s for all residents and visitors in the provision of government services.

B. The Public Engagement Commission shall be composed of professional and lay members with a demonstrated interest, competence, or knowledge in communications, community engagement, com munity/public relations, non -profit service provisions, marketing, journalism, and/or diversity, equity, and inclusion.

C. Members of the Public Engagement Commission shall be residents of the City.

D. No member of the Public Engagement Commission may be an employee or officer of the City.

E. The youth member shall be at least 15 years old but not more than 18 years old at the time of appointment. (Ord. 23-04 § 1)

SPECIAL NOTES
YOUTH MEMBER: One member shall be a youth member. The youth member shall be at least 15 years old and not more than 18 years old at the time of appointment. 16 CITY OF GOLETA

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PUBLIC TREE ADVISORY COMMISSION 8
MEMBERS: 5
TERM: 4 YEARS
MEETINGS: 4 per year or as needed to fulfill duties.

COMPENSATION: $75 per public hearing, meeting, or workshop.

PURPOSE
The purpose of the Public Tree Advisory Commission shall be to hear appeals of decisions on the planting and removal of public trees as provided under Section 2.11.100, and to provide advice to staff and the City Council on matters related to the Goleta Urban Forest. (Ord. 23-04 § 1; Ord. 12-16 § 2)

RESPONSIBILITIES
The Public Tree Advisory Commission shall have the following responsibilities:

A. Advise the City Council and staff on policies and regulations related to the management of the urban forest.

B. Advise on the development of tree related ordinances.

C. Hear appeals of staff decision related to the planting and removal of trees as provided under Goleta Municipal Code Section 2.11.100. (Ord. 23-04 § 1)

B. Three members of the Public Tree Advisory Commission shall be residents of the City.

C. The Public Tree Advisory Commission shall be composed of professional and lay members with a demonstrated interest, competence, or knowledge in the following areas: landscape architecture, landscape contracting, horticulture, or urban forestry.

No me mber of the Public Tree Advisory Commission may be an employee or officer of the City. (Ord. 23-04 § 1; Ord. 12-16 § 2)

8 Goleta Municipal Code § 2.11
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BOARD AND COMMISSION OVERVIEW
Boards and Commissions are created by the City Council to act as advisory bodies and provide necessary i nformation to the Council to help achieve the overall goals of the community.

Each advisory body has an appointed department liaison (“liaison”), who works to facilitate the agenda and resources for meetings of the advisory body . This liaison is a vital resource as they are aware of the City Council priorities as well as the City resources and rules.

All members are responsible for certain duties and commitments to the City, City Council, and the advisory body on which they serve. Each member must know, understand, accept, and accomplish their delegated responsibilities in order to be effective. The following is a list of duties and responsibilities:
 Take the Oath of Office.
 File the required Form 700 with the City Clerk’s Office via NetFile.  Understand the role and responsibilities of the appointed Board and Commission.  Take the Ethics training (AB 1234).
 Attend the orientation scheduled by your Staff Liaison and/or the City Clerk.  Become familiar with the governing rules and regulations.  Speak with your Staff Liaison to understand how and when you will receive agenda packets.
 Attend all meetings. In the event that you cannot attend a meeting, provide timely notification to the Chair and the Staff Liaison. See the Board and Commission Attendance Policy for more information.
 Arrive at meetings on time.
 Be prepared . Thoroughly review the agenda packet, including agenda or staff reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the co mmunity as a whole and demand your consistent attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to prepare fully for each meeting.  Understand what action you are being called on to take regarding each particular agenda item.
 If you have questions regarding the agenda or agenda report, contact the staff liaison before the meeting to clarify questions or request further information. 18 CITY OF GOLETA

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 Know the responsibilities of your advisory body, as well as the limitatio ns of your individual authority. As a member of an advisory body, you may be asked to provide recommendations to the City Council on behalf of the advisory body about specific issues. Keep in mind that your appointment does not empower you to supervise or direct City staff.
 If you are unsure about something during the meeting, ask for clarification. On behalf of the public, your understanding of issues is important. Each advisory body has a City staff liaison to provide information to assist the members throughout the decision-making process
 Members should familiarize themselves with Conflict of Interest regulations and discuss potential conflicts of interest with the City Attorney’s office prior to meetings where matters will be discussed for which the member may have a conflict of interest. If a member has a conflict of interest, that member must recuse him/herself from participating in the decision-making process which includes all discussions and actions on the matter.
 Avoid leaving before the meeting adjourns without prior notice.  Exhibit mutual respect to fellow members to ensure a positive working environment.  Become familiar with parliamentary procedures to ensure that meetings proceed in a timely fashion.
 Consider the overall public good when making a decision.  If a member receives correspondence from the public addressed to the appointed body, including email, the correspondence should be forwarded on to the Staff Liaison so copies can be distributed to all members and the correspondence can become an official City record.
 Evaluating their own outside offi ces, roles, and commitments to avoid issues of inconsistent office under California Government Code § 1099.9

ROLES & RESPONSIBILI TIES
The credibility of an advisory body is very important. Public employees, elected officials and volunteers for public organ izations have a responsibility to uphold the public trust.

This responsibility demands the highest standards of conduct.

The City Council encourages active citizen participation in the business of city government. Advisory bodies provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the

9 California Government Code § 1099
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City Council. The City Council is the sole legislative body of the City 10 and relies on recommendations from the advisory bodies in the deliberative process.

In general, the role of advisory bodies is to advise and provide recommendations to the City Council regarding issues that are presented to the Commission from either the City Council or City staff. Boards and Commissions can improve the quality of city government by providing insights and expertise to help the City Council make better -informed decisions. These bodies improve lines of communication between the public and City Council, create greater opportunities for discussion of public issues, and increase public involvement in City government.

PRESERVING THE PUBLI C TRUST
We have an obligation to remain objective and to render impartial services. To maintain a high level of credibility throughout the community and to strengthe n public trust, the following suggestions are offered:
 Understand that you are in a visible position and represent the City and its residents.
 Information received in the performance of Board/Commission duties should not be used as a means for making priva te profit or advancing the financial interests of others.
 Official actions should be disassociated from personal affiliations.  No special favors or privileges can be given to individuals or accepted by a Member whether for remuneration or not.
 Do not accept gifts or benefits which could be construed as having an influence over the performance of your official duties.
 Do not attempt in any way to gain special treatment, favors or gifts from anyone inside or outside of the City because of your position.

DUTIES
Your role is to represent the public and the public’s best interest. Members are responsible for attending their Board /Commission meetings regularly and on time , reviewing the agenda packet in advance of the meetings , tak ing public testimony, evaluating and deliberat ing with their colleagues and staff, and mak ing collective recommendations to City Council that are in the best interest of the community.

10 The Planning Commission has decision making authority for the powers and duties ascribed to it under Goleta Municipal Code § 17.50.040.
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Depending on the issue before the Board or Commission, it is permissible and may be helpful for Members to make site visits. Ask your liaison to advise you.

Members are further expected to have knowledge about City goals and the goals and priorities of the City Council. In order to be an effective Member, you are expected to read this handbook and to understand how to comply with all State and local laws and rules regarding meetings.

REGULATIONS AND POLI CIES

GOVERNING LAWS
City Boards and Commissions are governed by the Goleta Municipal Code.11 The Code is available online at https://library.qcode.us/lib/goleta_ca/pub/municipal_code, and physical copies are kept by the City Clerk, at the City of Goleta Library, and at the County of Santa Barbara Law Library.

TERMS OF OFFICE
Terms of office are set by the Goleta Municipal Code . Members shall serve until their successor has been appointed by the Mayor and approved by the City Council pursuant to Chapter 2.15.12

RESIGNATIONS
A member of a Board/Commission who intends to resign shall first file written notice thereof with the City Clerk, addressed to the City Council, with a copy provided to the Chair of the Board/Commission. When a resignation occurs, staff will immediately initiate the appreciation process to thank the volunteer for their service to the City of Goleta.

UNSCHEDULED VACANCIE S
From time to time, Board/Commission vacancies occur prior to the expiration of their full term. If an unscheduled vacancy occurs, whether due to resignation, death, ter mination or other cause, a special vacancy notice shall be posted pursuant to Government Code Section §54974. 13 An appointment to fill an unexpired term shall be for the period remaining on the unexpired term.

11 Goleta Municipal Code Title 2
12 Goleta Municipal Code § 2.08 et. seq.
13 Government Code § 54974
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Following posting, the City Clerk will conduct a formal recruitment to invite interested citizens to apply for the remaining unexpired term.14

REAPPOINTMENT
To be considered for reappointment by the City Council, Members with expiring terms must reapply and are subject to the same applicant screening an d interviewing process as other applicants.

REMOVAL FROM OFFICE
The City of Goleta appreciates all volunteers and acknowledges the effort it takes to participate on a Board or Commission. However, there may be circumstances that necessitate removing a Memb er from their position. Appointees may be removed from office under the following circumstances:

ATTENDANCE REQUIREME NTS
A Member of any City Board/Commission is automatically removed from office if they are absent without excuse from three (3) regular mee tings of the respective Board/Commission in any fiscal year. Actions to excuse a Member’s absence from a meeting must be recorded in the meeting minutes.15
Attendance is critical for effective operations of Boards/Commissions, as quorums are required to conduct business.

AT-WILL REMOVAL
All appointees serve at the will and pleasure of the Mayor. Any Councilmember may recommend to the Mayor that any one or more appointee be removed at any time, with good cause or without cause. The Mayor may, in his or her discretion, remove such member subject to City Council approval upon a motion approved by at least three members of the City Council. (Ord. 20-12 § 2)

INCOMPATIBLE OFFICE
Under existing California law, no Member may hold another public office where the tw o offices are incompatible. When two such offices are incompatible, the member of the

14 Goleta Municipal Code § 2.153.070
15 Goleta Municipal Code § 2.15.080
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board or commission shall be deemed to have forfeited the first office upon acceding to the second.16

POLITICAL REFORM ACT

ETHICS TRAINING
Assembly Bill No. 1234 17 requires that all members of a legislative body must undergo public service ethics training every 2 years. The requirement applies to the governing body of local agencies as well as boards, commissions, and committees, or other local agency bodies, whether permane nt or temporary, decision -making, or advisory.

Therefore, you are required to complete this training.

Further, all Members are required to abide by the provisions of the City of Goleta Code of Ethics.18

CONFLICT OF INTEREST
The State of California prohibits a representative of a municipality to vote in its legislative body on any issue that affects them individually, or for any public officer to participate in a matter in which there is a personal or private interest per the Political Reform Act.19 The Goleta Municipal Code also provides against conflict-of-interest in the Code of Ethics.20 To best serve the community, the Mayor with the concurrence of the City Council appoints persons with knowledge of the issues that face the City to serve on advisory bodies .

Consequently, it is inevitable that matters will occasionally come before the advisory bodies in which individual Members have a direct or indirect financial interest. When a matter comes before an advisory body in which a Member has a direct or indirect financial interest, they must disqualify themself from participating in the deliberation and must abstain from voting. An explanation for the abstention should be given to the advisory body and that reason will be recorded in the minutes. Once the Member has made a statement of disqualification, they should leave the room and return only upon conclusion of the matter.

16 Government Code § 1099
17 AB 1234, Chapter 700, Stats. of 2005
18 Goleta Municipal Code § 2.07
19 California Code of Regulations, Title 2, Division 6, § 18110-18998 (Political Reform Act of 1974) 20 Goleta Municipal Code § 2.07
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The City of Goleta has adopted a local conflict of interest code as required by the Political Reform Act.21 This Act requires the financial disclosure of interests by certain individuals who are in decision-making positions within state and local government.

Potential conflicts of interest should not be taken lightly. If a Member has any doubt as to the propriety or the legality of any proposed action on their part, they are urged to seek advice.

ASSUMING OFFICE STAT EMENT
As an appointed Board Member or Commissioner, you are required to complete and file the appropriate conflict of interest forms (Form 700) within ten ( 10) days of your first meeting. Forms and assistance will be provided by the City Clerk's Office. Financial disclosure forms are filed with the City Clerk, as a matter of public record.

All economic disclosure documents are filed online via NetFile. The City Clerk’s office will send a notification to your City email address with links and instructions for filing online.

The email will come from [email protected], so please be sure to monitor your City email regularly for this notification.

The notification will include information on how to e-file your Assuming Office Statement:

1. Log in to the system at https://netfile.com/filer.

2. Use the city email address assigned to you to login.

3. Click the "New User? Request a Password" link, input your City email address, and the system will send you an email with a link to set your password.

4. Log in to begin the Form 700 filing process.

After you log in, click the "Get Help for this Page" button for information and instructions.

Each page also includes links to short instructional videos. At the end of the process, you can create a draft document for review. When you are satisfied with the document, please e-file your document. You do NOT have to print, sign, and submit a paper copy of your e- filed statement.

Any Member with questions regarding economic interests should contact the Fair Political Practices Commission (FPPC) (http://www.fppc.ca.gov) in Sacramento at (916) 322-5660 or toll free at (866) 275-3772.

21 California Code of Regulations § 87300
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ANNUAL STATEMENTS
Members are required to file annual conflict of interest forms during their term. The City Clerk will notify all Members of their requirement to file with an annual notification regarding Form 700 thirty (30) days in advance of the due date.

Again, notifications regarding the filing deadline are sent to your city email address. As stated previously, Members must monitor their city email regularly for official correspondence from the City.

LEAVING OFFICE STATE MENT
You are required to complete and file the appropriate conflict of interest forms within ten (10) days of your final meeting.

The City Clerk’s office will contact you to receive an email address to send filing notifications to after you leave office. Please be sure to provide a valid email address so you receive the necessary notices, and complete your filings as required.

PUBLIC RECORDS ACT
The California Public Records Act22 (the PRA) was enacted in 1968 to: (1) safeguard the accountability of government to the public ; ( 2) promote maximum disclosure of the conduct of governmental operations ; and (3) explicitly acknowledge the principle that secrecy is antithetical to a democratic system of “government of the people, by the people and for the people.”
WHAT DOES THIS MEAN FOR YOU AS A COMMISS IONER?
It means that the public’s business is always supposed to be public. Any records that are created as part of your participation in an advisory body are public under t he Public Records Act . Emails, voicemails or hard copy records included . If any member of the public requests to see any record, they have the right to request and we have the obligation to provide it, unless it is exempt from disclosure. Below is a guide to the Public Records Act if you want to know more, or you can contact the City Clerk:
https://www.calcities.org/resource/the-people's-business-a-guide-to-the-california-public- records-act.

22 Government Code § 7920.000 et. seq. (formerly Government Code § 6250 et. seq.); Stats 1968, Ch. 1473; CBS, Inc. v. Block (1986) 42 Cal.3d 646, 651; 52 Ops. Cal. Atty. Gen 136, 143; San Gabriel Tribune v. Superior Court (1983) 143 Cal. App. 3r 762, 771-772
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POLITICAL ACTIVITIES
Members will not use and/or permit the use of public resources (i.e., any City owned property or asset, including but not limited to City facilities, computers, telephones, email accounts, or City identification and indicia of office) for their own political campaigns, or to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate. Members will comply with related provisions of state law, including but not limited to CA Government Code sections 54964 and 8314.

MEETINGS AND PROCESS ES

MEETINGS AND THE BRO WN ACT
The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democr atic process by secret legislation by public bodies. Boards and Commissions exist to aid in the conduct of the people’s business, and the meetings must be open to the public.

All bodies and members shall comply with the requirements of the Brown Act, incl uding but not limited to those related to:

A. Open and Public Meetings
B. Notice and Agenda Requirements
C. Public Comment
D. Avoiding discussion of non-agenda items at meetings
E. Avoiding direct or indirect deliberations outside of appropriately noticed meetings (i.e., through ex parte communication with a quorum of colleagues, or through serial meetings as a result of staff contact, or contact with constituents, developers and lobbyists).23
Before the first meeting of each calendar year, each advisory body shall establish dates for meetings in the upcoming year, including the number of regular meetings established under the Goleta Municipal Code.

Each Body may hold additional regular and special meetings as deemed necessary or expedient, subject to the availability of a quorum of members and liaisons. Due to demands on staff time, holding more than three additional meetings in a calendar year shall require the City Manager’s approval.

23 Resolution No. 23-23
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MEETING AGENDAS
In accordance with the Brown Act, t he agenda must be posted in an area that is accessible to the public at least 72 hours before the meeting. City staff posts all meeting agendas according to these requirements. The agenda is prepared by City staff and includes all items which will be discussed or acted upon by the advisory b ody. Each agenda item in the agenda packet includes clickable links which lead to any relevant information for that matter such as staff reports, presentations, and public comment received. Members should review the full agenda packet prior to the public m eeting. If you have questions after reviewing the agenda packet, please contact your liaison prior to the meeting.

The Brown Act requires decisions to be made during the public meeting. Therefore, if you learn information from your discussion with staff prior to the public meeting, it is important that you state this information during the public meeting.

ALL DISCUSSION MUST BE RELATED TO AGENDI ZED ITEMS
The advisory body cannot discuss, deliberate, or take action on any item not included on the agenda. Every agenda must allow any member of the public to directly address the advisory body on any agendized item before or during consideration of that item.

PUBLIC FORUM
Every regular meeting agenda must also include time for any member of the public to address the advisory body on any item not on the agenda which is within the subject matter jurisdiction of the advisory body. The agendas will include a statement that such items cannot be acted upon or discussed in depth until they are included on a subsequent noticed agenda for consideration and possible action.

MEETING MINUTES
Liaisons take minutes at each meeting. Minutes contain a record of the proceedings, motions, and actions of the meeting.

Minutes are not taken verbatim, but rather indicate the motions and actions undertaken at the meeting. Recommendations to the City Council will reflect the vote and action taken by the collective body as opposed to individual members.

Minutes become an official record once they are approved by a majority of the Members at a subsequent meeting. Corrections to the minutes may be made during a public meeting with the approval of a majority of the members. 27 CITY OF GOLETA

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The City is not required to video or audio tape Board and Commission meetings. However, most meetings are recorded and an archive of meeting recordings is available on the City’s website (https://www.cityofgoleta.org/meetings-agendas).

QUORUM
A quorum (a majority of the members of the body) is required to conduct an official meeting. Quorum requirements for each body may differ based on the Municipal Code.

Refer to the “ACTIVE BOARDS AND COMMISSIONS” section of this handbook for any special requirements.

When a quorum is not present for a scheduled meeting, the advisory body cannot hold the meeting. If there is a chance that additional Members needed to comprise a quorum will arrive within a reasonable time, the Chair or Vice Chair may orally announce that they will wait for a specified time (e.g., 15 minutes) to decide whether the meeting will proceed or need to be declared cancelled due to lack of a quorum.

RULES OF ORDER
All public meetings in the City of Goleta are conducted according to the parliamentary rules set forth in Rosenberg’s Rules of Order, Revised.24 These rules of order are incorporated in this handbook as Appendix E.

MEETING BASICS

CALL TO ORDER
Meetings are called to order by the Chair, or Vice Chair in the Chair’s absence.25 The Chair then leads the advisory body in the Pledge of Allegiance. In lieu of the Chair leading the Pledge of Allegiance, the Chair may designate the liaison to lead the Pledge.

ROLL CALL
The liaison calls roll to determine the presence of a quorum . The roll call is recorded in the meeting minutes, and any late arrivals will be noted.26

24 Resolution No. 12-26
25 Resolution No. 23-23
26 Resolution No. 23-23
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PUBLIC FORUM
As previously mentioned, any member of the public may address the advisory body on any item not on the agenda which is within the subject matter jurisdiction of the advisory body during Public Forum. Any items brought forward by members of the public during Public Forum cannot be acted upon or discussed in depth until they are include d on a subsequent agenda for consideration and possible action.

REVIEW OF AGENDA ITEMS
The Chair leads the review of the agenda and the liaison reads each agenda item into the record. Several things may happen for each item on the agenda:

1. Staff may present information about the item for the advisory body’s consideration.

2. The Members may ask staff questions regarding the item.

3. The Members may provide feedback or comments to staff.

4. The Members may vote in support of a motion or in opposition to the motion on the matter.

5. The item may be removed from the agenda.

6. The Members may discuss the matter without taking any action.

7. The Members can continue the item to a future meeting.

8. The Members can refer the matter to staff or for consideration and a subsequent report.

Prior to discussion of agenda items, members shall disclose any discussions of agenda items outside of noticed meetings (ex parte communication) with constituents, developers, or lobbyists as required by the Brown Act.27

PUBLIC COMMENT
In addition to Public Forum, members of the public also have a right to comment on any agenda item according to the Brown Act. The Chair establishes the amount of time public speakers are authorized to speak on each item, typically limiting comments to three minutes.

ELECTION OF OFFICERS
The advisory body elects, from among its members, a Chair and Vice Chair in January or at their first meeting of the year. The first order of business on the agenda will be for the advisory body to elect a new Chair and Vice Chair. In the event of the Chair or Vice Chair’s

27 Resolution 23-23
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resignation or removal, the advisory body must elect another member for the unexpired term.

ROLE OF THE CHAIR
The principal role of the Chair is to manage the advisory body meeting. This includes consulting with liaisons concerning the meeting agendas , maintaining the order of business during the meeting, focusing discussion on the issues at hand, and ensuring that the public appearing before the body are treated courteously.28 The Chair should take a back seat dur ing discussions. Because the Chair conducts the meeting, it is common courtesy for them to take a less active role than other Members in debates and discussions. The Chair should strive to be the last to speak at the discussion and debate stage and should not make or second a motion unless they are convinced that no other Member will do so.

PLEASE KEEP IN MIND

TEAMWORK
We are honored to have you as part of our team! Your appointment places you among others who share your commitment to the community and residents of the City of Goleta.

You will realize that for a local governmental agency to effectively serve the needs of its residents and businesses, there must be cooperation and teamwork at every level including the City Council, Boards and Commission Members and city staff.

DIFFERENT OPINIONS A RE WELCOME
Everyone sees the world in a slightly different way, and the five or more individuals serving on a Board or Commission are no different. You will have your own opinions and views with respect to certain issues, as will your colleagues. You should respect the opinions and views of others whether they are staff, other Members, or individuals speaking before your advisory body.

As a Board or Commission Member, you will invest a great deal of time and energy to arrive at a meaningful recommendation for the City Council’s consideration. Do not be upset or frustrated if Staff members disagree with the advisory body’s recommendation.

City Staff is motivated by the same goals as the Board or Commission members – namely, the best interests of the City. They too have an obligation to present their best recommendations to the City Council. The ultimate decision rests with the City Council,

28 Resolution No. 23-23
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and it is incumbent upon City Staff to provide the City Council with all the r elevant information to make the best decision. At times this may include positions that conflict with Members’ positions or the advisory body’s recommendation.

WE VALUE YOUR SERVIC E
As a member of a City Board or Commission, you play a very important rol e in making Goleta a great place to live and work. You will be asked to make recommendations on a number of issues, many of which have an equal number of supporters and opponents.

You may find that making these recommendations is not always an easy task.

You will soon realize that the services the City provides, many of which require careful thought and planning, ensure the highest quality service while remaining cost efficient.

You will learn that there are different rules and procedures required to accom plish goals and complete projects for a public agency than for a private company. Many of these requirements and regulations are unfamiliar to the average person.

ENJOY THE EXPERIENCE
You should take comfort in knowing that you are making a positive diff erence in your community. Without you and your fellow Board and Commission Members’ help and personal insight, the City of Goleta would not be the great place that it is! Thank you for doing your part to make Goleta the Good Land!

ACKNOWLEDGEMENT OF P OLICI ES
SUBJECT MATTER JURIS DICTION 29
Advisory bodies shall limit their activities to matters defined by the relevant Chapter(s) of the Municipal Code to be within their subject matter jurisdiction, or to those occasional additional special matters of limited du ration that may be referred to the Body by the direction of the City Council.

Unless directed otherwise by the City Council, advisory bodies shall refrain from consideration of policy issues that are under active consideration by the City Council.

Members of an advisory body shall act collectively in a properly noticed and constituted meeting; individual members do not have authority to make representations, make

29 Resolution No. 23-23
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decisions or take actions on behalf of the advisory body unless expressly authorized by a majority of the advisory body to do so.

NONINTERFERENCE WITH STAFF 30
The City Manager is responsible only to the City Council for the proper administration of the affairs of the City. No member shall interfere with the execution by the City Manager of his or her powers and duties, including but not limited to: Ordering or a ttempting to influence, directly or indirectly, the appointment of any person to employment, or his or her removal therefrom. Ordering or attempting to influence, directly or indirectly, the selection or termination of consultants and contractors.

Except for the purpose of inquiry, Members shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member shall give orders to any subordinate of the City Manager or attempt to influence the ma nner by which an employee performs assigned functions, either publicly or privately. The City Manager may, but is not required to, seek advice from a Body on administrative matters, consistent with that Body’s subject matter jurisdiction.

ADHERENCE TO POLI CY 31
Appointed Members should not recommend approval of projects that violate adopted City Council policies. Members can make recommendations to the City Council about exceptions to a City policy, and can also recommend policy changes when appropriate.

PROH IBITION ON WORKPLACE BULLYING 32
Members shall refrain, as a condition of continued service, from abusive conduct (“bullying”) toward City staff. 33 Abusive conduct is defined by the California Government Code, Section 12950.1(i)(2) as workplace conduct, with malice, that a reasonable person would find hostile, offensive and unrelated to an employer’s legitimate business interests.34
Abusive conduct includes, but is not limited to, verbal abuse, derogatory remarks, threatening verbal or physical conduct, intimidation, humiliation and gratuitous sabotage that undermines an individual’s ability to work. Abusive conduct generally consists of

30 Resolution No. 23-23
31 Resolution No. 23-23
32 Resolution No. 23-28
33 Resolution No. 23-23
34 Government Code §12950.1(i)(2)
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more than a single act, however a single act that is especially severe and egregious may constitute abusive conduct.

ELECTRONI C DEVICE USE POLICY 35
Members with access to City technology resources (including but not limited to hardware or software, and City accounts including City email accounts and 3 rd party website accounts created using a City email account) or who use their own technology resources in the conduct of City business shall comply with all policies related to such use. Members will be required to read and sign acknowledgement of the City’s Electronic Device Use Policy (incorporated into this Handbook as Appendix D) as a condition of service.

Please sign the acknowledgement on the attached City of Goleta Electronic Device Use Policy (Appendix D) and return the acknowledgment to the City Clerk’s office.

35 Resolution No. 23-29
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POLICIES AGAINST DIS CRIMINATION AND HARA SSMENT 36
Members shall c omply with all provisions of state and federal law and all City policies prohibiting discrimination and harassment against a staff member or any individual who serves or does business with the City. Members will be required to read and sign acknowledgement of the City’s Non-Discrimination and Harassment Policy (incorporated into this Handbook as Appendix C) as a condition of service. All members will participate in mandatory harassment training.

Please sign the acknowledgment below and return this page to t he City Clerk’s office.

I acknowledge that I have read and will abide by the City of Goleta’s Non -Discrimination and Harassment Policy.

_____________________________
Name (type or print)

_____________________________ ________________
Signature Date

36 Resolution No. 23-28
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HANDBOOK POLICIES
By signing this form, I acknowledge that I have received a copy of the Board & Commissions Handbook currently in effect for my office as of this date, and I understand that it is my responsibility to read and comply with the policies set forth therein.

These policies cannot and are not intended to answer every question about my appointment with the City of Goleta. I understand that I should consult the City Clerk regarding any part of the policies that I do not understand or any questio ns I may have about my appointment with the City of Goleta that are not answered in the policies. The current policies will always be on file in the office of the City Clerk, and I may examine them there at any time during normal business hours.

The policies are necessarily subject to change, and I acknowledge that revisions may occur from time to time. I understand that all changes to the policies will be filed in the office of the City Clerk. Although the City will usually provide me with notice of change s, I understand that changes will apply to me regardless of whether I receive actual notice.

I understand that revised information may supersede, modify or eliminate any or all of the policies at any time. All information contained in the policies is subject to applicable state and federal laws, rules and regulations, and I understand that to the extent that any such laws may conflict with any provision of the policies, such laws, rules and regulations will control.

I acknowledge that none of the City of Goleta’s policies may be construed to create a contract of employment or any other legal obligation, express or implied, and that any policy may be amended, revised, supplemented, rescinded or otherwise altered, in whole or in part, at any time, in the sole and absolute discretion of the City Council of the City of Goleta.

Please sign the acknowledgment below and return this page to the City Clerk’s office.

_____________________________
Name (type or print)

_____________________________ ________________
Signature Date
35 Appendix A: Resolution No. 23-23 Setting Forth Certain Guidelines and Procedures for all City Boards and Commissions
36 RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GOLETA, CALIFORNIA, SETTING FORTH CERTAIN

GUIDELINES AND PROCEDURES FOR ALL CITY BOARDS

AND COMMISSIONS AND RESCINDING RESOLUTIONS NOS
07-15, 9-04, 12-77, 12-78, 18-44, AND 19-03

WHEREAS, The City Council has adopted certain Rules of Decorum and Procedure applicable to its own members via Resolution No. 12- 81 adopted on November 20, 2012, and amended by: Resolution No.14-01 on January 14, 2014; Resolution No. 16-22 on September 6, 2016; Resolution No. 17-47 on November 7, 2017, Resolution No 18-47 on September 18, 2018; and WHEREAS, certain policies and expectations apply to the members of the City’s civilian Boards and Commissions; and
WHEREAS, the City Clerk will be developing and promulgating an administrative Handbook for Board and Commission members and wishes to include certain policy direction from the City Council in that document; and WHEREAS, currently Boards and Commission policies are contained in multiple extraneous docum ents and resolutions, and staff believe there will be improvements in transparency, consistency and efficiency in creating a single policy document extraneous to the Municipal Code; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA
DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1
The following prior resolutions are hereby re scinded: Resolution Nos 07- 05, 09- 04, 12-77, 12-78, 18-44, and 19-03.

SECTION 2
The compilation of Board and Commission rules and procedures formally adopted by this Resolution, also referred to as Rules and Procedures, supersedes previously adopted and individual Commission rules and procedures. Appointed Board and Commission members are expected to understand and comply with these Rules and Procedures. Failure to comply with the rules and procedures outlined in this document may be cause for removal of a member from the appointed position pursuant to GMC Section 2.15.080.

37 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03 SECTION 3

1. Definitions
a. Member: A duly appointed member of a City Board or Commission, whether a regular or alternate member, but not an elected member of the City Council. Member shall also include non-elected members of the public who serve on City subcommittees with City Councilmembers, such as on the Naming Standing Committee. b. Boards and Commissions: Those advisory bodies created by the City Council consisting of non -elected members of the public appointed thereto including, but not limited to:

Design Review Board
Historic Preservation Commission
Library Advisory Commission
Parks and Recreation Commission
Planning Commission
Public Engagement Commission
Public Tree Advisory Commission

c. Body: Any City of Goleta Board or Commission.
d. GMC: Goleta Municipal Code. Any section numbers cited herein are accurate as of the adoption date of this Resolution and should be read to anticipate future renumbering without effect on the validity of these policies and procedures.
e. Appointment: Appointment to a Board or Commission pursuant to the GMC (Section 2.15.050).
f. Removal: Removal from a Board or Commission Pursuant to the GMC (Section 2.15.080).
g. Unscheduled Vacancy: A vacancy in a position before the end of the term, as defined under GMC (Section 2.15.070)
h. Brown Act: Government Code § 54950 et seq.
i. Public Records Act: Government Code §6250 et seq.
j. Staff liaison: Those employees to whom an appropriate Department Head has assigned the responsibility to support a Body.

2. Applicability

The policies and procedures in this Resolution will be applicable to the following City of Goleta Boards and Commissions, and such similar Boards and Commissions as may be created by the City Council in the future, except a specifically provided otherwise by the GMC or other ordinance duly adopted by the City Council:
38 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03 Board or Commission Applicable GMC Chapter
Design Review Board 2.08
Historic Preservation Commission 2.17
Library Advisory Commission 2.14
Parks and Recreation Commission 2.12
Planning Commission 2.09
Public Engagement Commission 2.19
Public Tree Advisory Commission 2.11

3. Reservation of Council’s Policy Making and Financial Authority Except as required by state law, all Boards and Commissions serve in an advisory capacity, and the ultimate policy-making authority in all matters and authority to commit City resources shall reside exclusively with the elected City Council.

4. Subject Matter Jurisdiction
A. Bodies shall limit their activities to matters defined by the relevant Chapter(s) of the Municipal Code to be within their subject matter jurisdiction, or to those occasional additional special matters of limited duration that may be referred to the Body by the direction of the City Council.

B. Unless directed otherwise by the City Council, bodies shall refrain from consideration of policy issues that are under active consideration by the City Council.

C. Members of a Body shall act collectively in a properly noticed and constituted meeting; individual members do not have authority to make representations, make decisions or take actions on behalf of the Body unless expressly authorized by a majority of the Body to do so.

5. Noninterference with Staff
A. The City Manager shall be responsible only to the City Council for the proper administration of the affairs of the City.

B. No member shall interfere with the execution by the City Manager of his or her powers and duties, including but not limited to:
a. Ordering or attempting to influence, directly or indirectly, the appointment of any person to employment, or his or her removal therefrom.
b. Ordering or attempting to influence , directly or indirectly, the selection or termination of consultants and contractors.

C. Except for the purpose of inquiry, Members shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and no member shall give orders to any 39 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03 subordinate of the City Manager or attempt to influence the manner by which an employee performs assigned functions, either publicly or privately.

D. The City Manager may, but is not required to, seek advice from a Body on administrative matters, consistent with that Body’s subject matter jurisdiction.

6. Brown Act
All bodies and members shall comply with the requirements of the Brown Act, including but not limited to those related to:

7. Public Records Act
Accurate and permanent records of the acts (e.g., recommendations, resolutions, transactions, findings and determinations) of each body shall be kept, and such records shall have the same status as records of other administrative departments of the City.

All bodies and members shall comply with the requirements of the Public Records Act and the City’s Records Retention Policy , including but not limited to:

A. Retention of Public Records
B. Production of Public Records Upon Request (Including those stored on personal devices and accounts . Members are advised to store records of City business only City devices and accounts.) C. Exemptions from Disclosure: Personnel Records, Medical Records, Investigative Records, Pending Litigation, Voter Information, Tax Payer Information, Law Enforcement Records, Attorney Client Privilege & Work Product, Trade Secrets, Copyrighted material, etc.

Members will refer all requests for public records to the City Clerk and will comply with the City Clerk’s direction in producing or withholding any public records to which they have access.

8. Policies Against Discrimination and Harassment
40 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03 Members shall comply with all provisions of state and federal law and all City polic ies prohibiting discrimination and harassment against a staff member or any individual who serves or does business with the City.

Members will be required to read and sign acknowledgement of the City’s Non-Discrimination and Harassment Policy as a condition of service. All members will participate in mandatory harassment training.

9. Information Technology Policies
Members with access to City technology resources (including but not limited to hardware, software, and City accounts, including City email accounts and 3 rd party website accounts created using a City email account ) or who use their own technology resources in the conduct of City business shall comply with all policies related to such use. Members will be required to read and sign acknowledgement of the City’s Information T echnology Policy as a condition of service.

10. Code of Ethics and Conflict of Interest
A. All members will comply with the City’s Code of Ethics as outlined in Chapter 2.07 of the GMC including, but not limited to the following:
i. Responsibilities of Public Office. (GMC Section 2.07.030) ii. Dedicated Service. (GMC Section 2.07.040)
iii. Fair and Equal Treatment. (GMC Section 2.07.050)
iv. Use of Public Property. (GMC Section 2.07.060)
v. Obligations to Citizens. (GMC Section 2.07.070)
vi. Conflict of Interest—General. (GMC Section 2.07.080) vii. Compliance with State Law. (GMC Section 2.07.090)
B. All members shall file financial disclosure statements in accordance with the provisions of the California Political Reform Act and the City’s Conflict of Interest Code.

C. All members will participate in mandatory ethics training.

11. Political Activities
Members will not use and/or permit the use of public resources (i.e., any City-owned property or asset, including but not limited to City facilities, computers, telephones, email accounts, or City identification and indicia of office) for their own political campaigns, or to s upport or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate. Members will comply with related provisions of state law, including but not limited to CA Government Code sections 54964 and 8314.

41 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03

12. Prohibition of Workplace Bullying
Members shall refrain, as a condition of continued service, from abusive conduct (“ bullying”) toward City staff. Abusive conduct is defined by the California Government Code, Section 12950.1(i)(2) as workplace conduct, with malice, that a reasonable person would find hostile, offensive and unrelated to an employer’s legitimate business interests.

Abusive conduct incl udes, but is not li mited to, verbal abuse, derogatory remarks, t hreatening verbal or physical conduct, intimidation, humiliation and gratuitous sabotage that undermines an individual’s ability to work.

Abusive conduct generally consists of more than a sin gle act, however a single act that is especially severe and egregious may constitute abusive conduct.

13. Training Requirements
As a condition of continued service, members will participate in all training required by the City including but not limited to training on the following topics: Rosenberg’s Rules of Order Revised, AB1235 conflicts of interest, harassment avoidance (including that satisfying AB 1825, AB 1661, AB 2053, and SB 396), and training on the Brown Act and Public Records Act.

14. Encouragement of Public Engagement
The City Council values full input from the public on matters related to City policy and decisions. The members of each Body shall encourage, and shall not discourage, individuals and organizations that have an interest in the subject matter jurisdiction of the Body to participate in City meetings and events and to provide public comment, whether written or oral, to the Body’s members and/or to the City Council on City matters.

15. Meeting Agendas
A. Agendas shall be posted for public review as required by the Brown Act.

B. Agenda topics shall be limited to the subject matter jurisdiction specifically delegated to the Body by the City Council.

C. The City Council may, from time to time, refer other matters to the agenda of the Body through majority vote.

D. Staff will develop agendas and place topics on the agenda in consultation with the Body’s current Chairperson. Disagreements about agenda topics will be referred to the City Manager , whose decision will be final. The City Manager will notify the members of the City Council of such decision.

42 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03

16. Meetings
A. Before the first meeting of each calendar year, each Body shall establish dates for meetings in the upcoming year, including the number of regular meetings established under the Goleta Municipal Code.

B. Each Body may hold additional regular and special meetings as deemed necessary or expedient, subject to the availability of a quorum of members and staff liaisons. Due to demands on staff time, holding more than three additional meetings in a calendar year shall require the City Manager’s approval.

C. Members will attend all meetings and arrive promptly, keeping absences and tardiness to a minimum.

D. As provided under Municipal Code Section 2.15.080, a member of any City board or commission is automatically removed from office if the member is absent without exc use from three regular meetings of the respective board or commission in any fiscal year. Action to excuse a member’s absence from a meeting will consist of a majority vote of the remainder of the board or commission members and must be recorded in the meeting minutes.

17. Quorums
A Body must have a quorum to act. Except as may be specifically provided in the Goleta Municipal Code, a quorum for a Body shall constitute a simple majority of the members of that Body.

18. Rosenberg’s Rules of Order Revised
To the extent these policies and procedures do not address an issue of parliamentary procedure for legislative Body meetings, Rosenberg’s Rules of Order Revised: Simple Parliamentary Procedures for the 21st Century shall apply to all meetings of City Boards and Commission.

19. Selection of Officers
A. Commission reorganization, including rotation of the roles of the Chair and Vice Chair, occurs annually at the meeting as close as possible to February 1st of each year. This is designed to allow any newly appointed members time to acclimate and make an informed selection.

B. The results of the vote should be publicly announced; and the vote recorded in the minutes.

C. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

D. The Chair and Vice Chair are elected by the majority of the commission for a one-year term and hold office until their successors are elected or until their terms as members of the commission expire.
43 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03 E. The Role of the Chair shall be to:
i. Consult with the staff liaison, as needed, on upcoming agendas; ii. Serve as the presiding member over meetings of the Body, in accordance with Rosenberg’s Rules of Order Revised and City policies;
iii. Ensure that consideration of items on the agenda move along without delay.
iv. Ensure that public commenters, petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting. v. Ensure that decorum is maintained at the meeting. If neces sary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
vi. E nsure that each member of the Commission is provided an opportunity to completely express their views on items of business.

F. The Chair may correspond or provi de comment on behalf of the Commission if the opinions expressed on behalf of the Commission are on a topic that is consistent with the subject matter jurisdiction delegated to Body by the City Council and are consistent with the consensus of the Body.

20. Staff Liaisons
Each Board or Commission shall be supported in conducting its meetings by a Department Head and/or that Department Head’s delegated subordinate staff.

Board or Commission Department Head
Design Review Board Planning & Env Review
Historic Preservation Commission Planning & Env Review
Library Advisory Commission Neighborhood Services
Parks and Recreation Commission Neighborhood Services
Planning Commission Planning & Env Review
Public Engagement Commission City Manager Department
Public Tree Advisory Commission Public Works

44 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03 SECTION 4.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 16
th day of May 2023.

__________________________

PAULA PEROTTE
MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

45 Resolution No. 23-23 Setting Forth Certain Rules and Procedures for All City Boards and Commissions and Rescinding Resolutions No. 07-15, 09-04, 12-77, 12-78, 18-44 and 19-03

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23- 23 was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 16 th day of
May, 2023 by the following roll call vote of the City Council:

AYES: MAYOR PEROTTE, MAYOR PRO TEMPORE RICHARDS,
COUNCILMEMBERS KYRIACO AND REYES-MARTÍN

NOES: NONE

ABSENT: COUNCILMEMBER KASDIN

ABSTENTIONS: NONE

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

46 Appendix B: City of Goleta Municipal Code § 2.07 - Code of Ethics 47 12/13/23, 10:35 AM Chapter 2.07 CODE OF ETHICS
https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_2-chapter_2_07?view=all 1/4 Goleta, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.07 CODE OF ETHICS

2.07.010 Declaration of Policy.

2.07.020 Definitions.

2.07.030 Responsibilities of Public Office.

2.07.040 Dedicated Service.

2.07.050 Fair and Equal Treatment.

2.07.060 Use of Public Property.

2.07.070 Obligations to Citizens.

2.07.080 Conflict of Interest—General.

2.07.090 Compliance with State Law.

2.07.100 Code Establishes Minimum Standards.

2.07.010 Declaration of Policy.

The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people, that governmental decisions and policy be made in the proper channels of the governmental structure, and that public office not be used for personal gain. (Ord. 04-03 § 1)

2.07.020 Definitions.

For purposes of this chapter, the terms defined in this section shall have the meanings herein specified:
“Employee” means every employee of the city, including, without limitation, exempt employees, classified employees and contract employees.
“Public official” or “official” means every member, officer or consultant of the City, including, without limitation, all elective officials of the City and the members of all official boards, commissions and committees of the City. (Ord. 04-03 § 1)
48 12/13/23, 10:35 AM Chapter 2.07 CODE OF ETHICS
https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_2-chapter_2_07?view=all 2/4

2.07.030 Responsibilities of Public Office.

Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out the laws of the nation, state and municipality.

Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their offices regardless of personal consideration, recognizing that conduct in both their official and private affairs should be above reproach. (Ord. 04-03 § 1)

2.07.040 Dedicated Service.

Public officials and employees should not exceed their authority or breach the law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or officially recognized confidentiality of their work. (Ord. 04-03 § 1)

2.07.050 Fair and Equal Treatment.

Preferential consideration of the request or petition of any individual citizen or group of citizens shall not be given. No person shall receive special advantages beyond that which are available to any other citizen. (Ord. 04-03 § 1)

2.07.060 Use of Public Property.

No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available for the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business. No public official or employee shall use the time of any city employee during working hours for personal convenience or profit. (Ord. 04-03 § 1)

2.07.070 Obligations to Citizens.

No public official or employee in the course of his or her official duties shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen in the same circumstances. (Ord. 04-03 § 1)

2.07.080 Conflict of Interest—General.

A. Conflict with Proper Discharge of Duties. No public official or employee, while serving as such, shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the Constitution and laws of the State of California and the ordinances and resolutions of the City. 49 12/13/23, 10:35 AM Chapter 2.07 CODE OF ETHICS
https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_2-chapter_2_07?view=all 3/4 B. Incompatible Employment or Financial Interests.

1. No public official or employee shall accept other employment which he or she has reason to believe will either impair his or her independence of judgment as to his or her official duties or require or induce him or her to disclose confidential information acquired in the course of and by reason of his or her official duties.

2. No public official or employee shall acquire any financial interest in or accept any employment concerning any project which has been the subject of a discretionary approval by the city or any commission, board, department, or employee if such public official or employee participated in any manner in considering or recommending the approval or disapproval of such project and if such employee has reason to believe that interest will either impair his or her independence of judgment as to his or her official duties or require or induce him or her to disclose confidential information acquired in the course of and by reason of his or her official duties.

C. Future Employment.

1. No official or employee subject to this chapter shall make, participate in making, or use his or her official position to influence any City governmental decision directly related to any person with whom he or she is negotiating or has any arrangement concerning prospective employment.

2. No former official or employee shall, for a period of one year after termination of City service or employment, be employed by or otherwise receive compensation from a person or entity that negotiated or entered in a contract with the City within the 12 months prior to the officer or employee leaving City service or employment where the officer or employee personally and substantially participated in making decisions related to the negotiations or the award of the contract.

3. No public official or employee shall acquire any financial interest in or accept any employment concerning any project which has been or will be the subject of a discretionary approval by the City or any commission, board, department, or employee thereof within two years previous to such interest or employment if such public official or employee participated in any manner in considering or recommending the approval or disapproval of such project.

D. Disclosure of Confidential Information. No public official or employee shall willfully and knowingly disclose for pecuniary gain to any other person confidential information acquired by him or her in the course of and by reason of his or her official duties nor shall any public official or employee use any such information for the purpose of pecuniary gain. (Ord. 04-03 § 1)

2.07.090 Compliance with State Law.

Public officials and employees shall comply with applicable provisions of State law relating to conflicts of interest and generally regulating the conduct of public officials and employees. (Ord. 04-03 § 1)

2.07.100 Code Establishes Minimum Standards.
50 12/13/23, 10:35 AM Chapter 2.07 CODE OF ETHICS
https://library.qcode.us/lib/goleta_ca/pub/municipal_code/item/title_2-chapter_2_07?view=all 4/4 This Code shall be deemed to set forth the minimum ethical standards to be followed by all officials and employees. (Ord. 04-03 § 1)
Contact:

City Clerk: 805-961-7505
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 51 Appendix C: Resolution No. 23-28 Adopting a
Citywide Nondiscrimination and Harassment Policy
52 RESOLUTION NO. 23-28

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GOLETA , CALIFORNIA, ADOPTING A

CITYWIDE NONDISCRIMINATION AND

HARASSMENT POLICY

WHEREAS, the City Council of the City of Goleta is committed to maintaining an organization that promotes equal opportunity and prohibits discrimination and harassment; and
WHEREAS, the City receives financial assistance from the Federal government and other sources which prohibit discrimination; and WHEREAS, the City ’s employee recruitment policies mandate equal opportunity in employment; and
WHEREAS, Rule XVII of the City’s Personnel Rules contains a Policy Against Harassment, Discrimination, and Retaliation applicable to City employees and provides a complaint procedure for addressing perceived discrimination or harassment in the workplace, and all new employees are required to read and sign acknowledgement of that policy as a condition of employment; and WHEREAS, pursuant to Resolution No . 23 -23,
the members of all City
boards and commissions must comply with all provisions of state and federal law and all City policies prohibiting discrimination and harassment against a staff member or any individual who serves or does business with the City , and all members are required to read and sign acknowledgement of the City’s Non- Discrimination and Harassment Policy as a condition of service; and WHEREAS, one of the nine citywide Key Initiatives in the City’s Strategic Plan is to “ ensure equity, inclusion, and access in C ity programs, services, and activities”; and
WHEREAS, the City of Goleta has maintained a firm commitment against discrimination and harassment since its incorporation in 2002 and the City Council wishes to reaffirm this commitment.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GOLETA THAT:

SECTION 1 . The City of Goleta reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business which has a discriminatory purpose or effect related to any of the following:
• r ace, color, national origin, or ancestry;
53 Resolution No. 23-28 Adopting a Citywide Nondiscrimination and Harassment Policy • religion (including religious dress and grooming practices); • sex (including pregnancy, childbirth, breastfeeding, or a related medical condition);
• gender, gender identity, gender expression, or gender transitioning status; • physical disability, mental disability, medical condition (genetic characteristics, cancer or a record or history of cancer), or genetic information;
• marital or domestic partner status;
• citizenship status;
• age (over 40);
• sexual orientation;
• exercising a legally protected right to an employment leave of absence (e.g., FMLA/CFRA family medical leave, pregnancy disability leave, lactation breaks, etc.);
• status as a victim of domestic violence, sexual assault, or stalking; • reproductive health decision-making, or
• any other classification protected under state or federal law. .

SECTION 2
. Discrimination or harassment in the conduct of City business, when based on the above protected characteristics, may include, but is not limited to, the following:
(a) Denying any person any service, or benefit, or the availability of a facility. (
b) Providing any service or benefit to any person which is not equivalent, or is provided in a non-equivalent manner, or at a non-equivalent time, from that provided to others.
(c) Subjecting any persons to segregation or separate treatment related to the receipt of any service.
(d) Restricting any person in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit.
(e) Treating any person differently from others in determining admission, enrollment, quota, eligibility, membership, or any other requirement or condition which persons must meet in order to be provided any service or benefit.
(f) Subjecting any person to unwelcome behavior of a sexual or romantic nature which creates a hostile environment for that person in conducting his or her business with the City.
(g) Subjecting any person to threatening, humiliating, or offensive behavior which creates hostile environment for that person in conducting his or her business with the City.
54 Resolution No. 23-28 Adopting a Citywide Nondiscrimination and Harassment Policy SECTION 3. This policy shall apply to members of the C ity Council, all City employees, all advisory boards, commissions and committees, all volunteers, all City employees, and all those who do business with, or who seek to do business with, the City of Goleta.

SECTION 4. Th
e City of Goleta encourages reporting of any incident of prohibited discrimination or harassment to the City and prohibits retaliation against any individual who reports discrimination or harassment in good faith or participates in the City’s investigation of such reports in good faith.

SECTION 5. Thi
s policy shall not abridge or diminish nondiscrimination rights otherwise extended to individuals under other local, state and federal laws and policies, including but not limited to City administrative policies and the provisions of the Goleta Municipal Code.

SECTION 6. Thi
s policy shall not prohibit discrimination based on bona fide occupational qualifications, bona fide health and safety requirements, bona fide benefit or program requirements, or as otherwise provided under California Fair Employment and Housing Act.

SECTION 7.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2023.

___________________________

PAULA PEROTTE
MAYOR

ATTEST:

DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

55 Resolution No. 23-28 Adopting a Citywide Nondiscrimination and Harassment Policy

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, CITY CLERK, of the City of Goleta, do hereby certify that the foregoing Resolution No. 23 -28 was duly adopted by the City Council of the City of Goleta at a meeting, held on the 20 th day of June 2023, by the following roll call vote of the City Council:

AYES: MAYOR PEROTTE, MAYOR PRO TEMPORE RICHARDS,

COUNCILMEMBERS KASDIN, KYRIACO AND REYES-
MARTÍN

NOES: NONE

ABSENT: NONE

ABSTENTIONS: NONE

(SEAL)

___________________________
DEBORAH S. LOPEZ

CITY CLERK

56 Appendix D: Resolution No. 23-29 Adopting a City of Goleta Electronic Device Use Policy
57 RESOLUTION NO. 23-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GOLETA, CALIFORNIA, ADOPTING A CITY OF GOLETA

ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS,

INTERNS, VOLUNTEERS, AND OTHERS

WHEREAS, the Goleta City Council is committed to ensuring the proper use and security of the City of Goleta’s information technology resources in order to protect the integrity of such resources and the sensitive information of all of those who live, work or do business with and within the City; and WHEREAS, t he City may issue electronic devices, including cellular telephones, laptops, and tablets, to designated elected and appointed City officials, employees, interns, volunteers or others to assist them in the efficient performance of public duties, providing cost savings to the Ci ty, and improving service to the public; and
WHEREAS, Rule XIX of the City’s Personnel Rules contains an Information Systems Policy applicable to all employees and, as a condition of using the City’s computer resources, employees must sign an Information S ystems Use Policy Acknowledgement; and
WHEREAS, pursuant to Resolution No. 23 -23 the members of all City boards and commissions with access to City technology resources or who use their own technology resources in the conduct of City business must comply w ith all policies related to such use and are required to read and sign acknowledgement of the City’s Information Technology Policy as a condition of service; and WHEREAS, the City Council wishes to set forth an electronic device use policy for C ity officials, unpaid interns, volunteers, and others who may use City electronic devices.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GOLETA THAT:

SECTION 1. The
Information Technology Policy attached hereto as Exhibit “A” shall apply to members of the City Council, to the members of all advisory boards, commissions and committees, employees, interns and volunteers, and others who are issued a City-owned electronic device, except those covered under Section 2 of this Resolution.

SECTION 2. Thi
s policy will not apply to employees covered by the Information Systems Policy in Rule XIX of the City’s Personnel Rules. 58 Resolution No. 23-29 Adopting a City of Goleta Electronic Device Use Policy for City Officials, Interns, Volunteers and Others
SECTION 3. The effective date of the policy set out in Exhibit "A" shall be July 1, 2023.

SECTION 4.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2023.

___________________________

PAULA PEROTTE
MAYOR

ATTEST:

DEBORAH S. LOPEZ MEGAN GARIBALDI

CITY CLERK CITY ATTORNEY

59 Resolution No. 23-29 Adopting a City of Goleta Electronic Device Use Policy for City Officials, Interns, Volunteers and Others

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, CITY CLERK, f the City of Goleta, do hereby certify that the foregoing Resolution No. 23- 29 was duly adopted by the City Council of the City of Goleta at a meeting, held on the 20th day of June 2023, by the following roll call vote of the City Council:

AYES: MAYOR PEROTTE, MAYOR PRO TEMPORE RICHARDS,

COUNCILMEMBERS KASDIN, KYRIACO AND REYES-
MARTÍN

NOES: NONE

ABSENT: NONE

ABSTENTIONS: NONE

(SEAL)

___________________________
DEBORAH S. LOPEZ

CITY CLERK

60 Resolution No. 23-29, Exhibit A

CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022

Page 1 of 4 ends

CITY OF GOLETA

ELECTRONIC DEVICE USE POLICY

FOR CITY OFFICIALS, INTERNS, VOLUNTEERS, AND OTHERS

Your signature below verifies that you have read, understand and agree to comply with the electronic device use policy (“Policy”) set forth below.

1. P
URPOSE

The City may issue electronic devices, including cellular telephones, laptops, and tablets, to designated City officials (elected and appointed), interns, volunteers or others to assist them in the efficient performance of public duties, providing cost savings to the City, and improving service to the public.

2. O

WNERSHIP

The electronic devices are City -owned property. You acknowledge that you have no ownership, interest, right, or title to the electronic device.

3. I

SSUANCE AND RETURN OF ELECTRONIC DEVICE

a. An electronic device shall only be available to you during your term or tenure as an official, intern, volunteer, or employee of the City. The City Manager or the City Manager’s designee may establish a shorter period of available use.

b. You acknowledge that you have received training from the City on use of the electronic device, including the City’s Cybersecurity Awareness and Training Standard. An electronic device will not be issued until said training is completed.

c. At the conclusion of your term or t enure, you must return the electronic device to the City in a substantially similar condition as when it w as issued, normal wear and tear excepted.

d. You will not wipe, e rase, or eliminate any public data, documents, or information prior to the electronic device’s return. This will ensure that no public records are eliminated and any public records are transfe rred to appropriate City computers or storage. After the transfe r of any public records, the electronic device will be wiped clean and all data and information will be erased by the City.

e. The City reserves the right to demand the immediate return of the electronic device for any reason. You will comply with all demands from the City for return of the electronic device.
61 Resolution No. 23-29, Exhibit A

CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022

Page 2 of 4 ends

4. A CCEPTABLE USES FOR ELECTRONIC DEVICE

a. The City authorizes use of the electronic device solely in a manner that is consistent with this Policy and all City policies and laws.

b. You will use the electronic device only in your official capacity and only for City-related purposes (e.g. to r eview agendas, meeting materials, research relevant topics, obtain information for City -related business, and conducting business communications as appropriate).

c. You will not use the electronic device for personal use, mere incidental use excepted.

d. You w ill use the electronic device in compliance with all laws and City ordinances and policies. Your use of the electronic device shall not be inimical to City operations or interests.

e. You will not use the electronic device in any manner as to expose the City to liability.

f. You shall not download files from sources which may be untrustworthy and shall not open and read files attached to e- mails unless they originate from a trustworthy source. You may be held responsible for any breaches of security resulting from breach of this Policy.

g. You shall not modify the operating system or software in any manner that will impact the electronic device.

h. You shall not install any unapproved software or applications.

i. The City is the sole licensee of the software included with the electronic device. Any copying, modification, merging, or distribution of the software is prohibited. You are responsible for complying with any and all hardware, software, and service provider licensing agreements, terms of use, and applicable s tate and federal copyright and other intellectual property protections. Violation of any such license, terms, or laws shall constitute a violation of this Policy.

j. The City is the electronic device administrator and owns, controls and manages all files, documents, communications, and downloads stored on the electronic device. In order to ensure compliance w ith this Policy, the City reserves the right to inspect any and all files, documents, and communications stored on the electronic device , upon reasona ble notice to you.

62 Resolution No. 23-29, Exhibit A

CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022

Page 3 of 4 ends

k. The City will not reimburse you for the costs of downloaded applications or data charges without the prior approval of the City Manager.

l. You shall not loan, lease, lend, or otherwise convey the electronic device for use to non-City personnel, including family, friends, and colleagues.

m. Your use of the electronic device must comply with the Ralph M. Brown Act and all open meeting laws.

n. You acknowledge that you have read and will comply with the City’s “Policies for Users and Followers of the City’s Social Media Sites.”

5. C OMMUNICATIONS AND DOCUMENTS

a. You acknowledge that the California Public Records Act and any applicable implementing policies apply to your use of the electronic device.

b. When communicating or conducting City business usi ng the electronic device, you must use your City-issued email address.

c. You acknowledge that all City -related documents, files, and communications are considered public records and are the property of the City.

6. C

ARE AND MAINTENANCE

a. You must handle the electronic device with the necessary care to prevent damage to the device.

b. You shall notify the City of any status changes to the electronic device such as breakdowns, damage, destruction, or vandalism.

c. You may be respons ible for the cost of repair or r eplacement of the electronic device if damage or loss is due to your negligence or misuse.

d. You shall notify the City immediately but in no case later that 24 hours if the electronic device is lost or stolen and must cooperate with all investigations by the City or, if necessary, law enforcement.

e. You should regularly clean the electronic device and ensure that it is not exposed to conditions that are detrimental to the device, such as extreme heat, cold, and moisture.

f. You shall be responsible for replacement costs of the electronic device if it is not returned to the City in accordance with this Policy. 63 Resolution No. 23-29, Exhibit A

CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022

Page 4 of 4 ends

8. N OTICE

a. The City’s Electronic Device System Administrator is the City ’s General Service Manager, or his or her designee, including the City’s contracted information technology service provider.

b. Any notice to City required hereunder shall be made by emailing [email protected]

I acknowledge receipt of this policy and agree to its terms and conditions.

NAME: ____________________________________ Date: ___________________ [ POSITION HELD]
64 Appendix E: Rosenberg’s Rules of Order, Revised
65 66
67 68
69 70
71 72
73 74
75 76
77 Appendix F: Open & Public V – A Guide to the Ralph M. Brown Act 78 Open & Public V
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
79 ii
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT

ACKNOWLEDGEMENTS

ACKNOWLEDGEMENTS
The League thanks the following individuals for their work on this publication:

Brown Act Committee
Michael Jenkins, Committee Chair
City Attorney, Hermosa Beach, Rolling Hills and West Hollywood Michael W.

Barrett
City Attorney, Napa
Damien Brower
City Attorney, Brentwood
Ariel Pierre Calonne
City Attorney, Santa Barbara
Veronica Ramirez
Assistant City
Attorney, Redwood City
Malathy Subramanian
City
Attorney, Clayton and Lafayette
Paul Zarefsky
Deputy City
Attorney, San Francisco
Gregory W.

Stepanicich
1st Vice President, City Attorneys’ Department
City Attorney Fairfield, Mill Valley, Town of Ross
League Staff
Patrick Whitnell,
General Counsel
Koreen Kelleher, Assistant General Counsel
Corrie Manning, Senior Deputy General Counsel
Alison Leary, Deputy General Counsel
Janet Leonard, Legal Assistant
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Open & P ublic V
A GUIDE TO THE RALPH M. BROWN ACT
REVISED APRIL 2016
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ....................................................5 CHAPTER 2: LEGISLATIVE BODIES .................................................................11 CHAPTER 3: MEETINGS .................................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ...................29 CHAPTER 5: CLOSED SESSIONS ....................................................................41 CHAPTER 6: REMEDIES .................................................................................55 81 2
OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT

TABLE OF CONTENTS

TABLE OF CONTENTS
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS ..........................................5 The right of access

...................................................................................................................6 Broad coverage

........................................................................................................................6 Narrow exemptions

.................................................................................................................7 Public participation in meetings

..............................................................................................7 Controversy

..............................................................................................................................8 Beyond the law — good business practices

............................................................................8 Achieving balance

....................................................................................................................9 Historical note

..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES

.......................................................11 What is a “legislative body” of a local agency?

......................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14
CHAPTER 3: MEETINGS

........................................................................17 Brown Act meetings

...............................................................................................................18 Six exceptions to the meeting definition

...............................................................................18 Collective briefings

.................................................................................................................21 Retreats or workshops of legislative bodies

..........................................................................21 Serial meetings

.......................................................................................................................21 Informal gatherings

................................................................................................................24 Technological conferencing

...................................................................................................24 Location of meetings

..............................................................................................................25 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION

......29
Agendas for regular meetings

................................................................................................30 Mailed agenda upon written request..................................................................................... 31 Notice requirements for special meetings

............................................................................32 Notices and agendas for adjourned and continued meetings and hearings

........................32
Notice requirements for emergency meetings

.....................................................................32 Notice of compensation for simultaneous or serial meetings ..............................................33
Educational agency meetings

................................................................................................33 Notice requirements for tax or assessment meetings and hearings

....................................33
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Non-agenda items ..................................................................................................................34 Responding to the public

.......................................................................................................34 The right to attend and observe meetings

............................................................................35 Records and recordings

.........................................................................................................36 The public’s place on the agenda

..........................................................................................37 CHAPTER 5: CLOSED SESSIONS

..........................................................41 Agendas and reports

..............................................................................................................42 Litigation

.................................................................................................................................43 Real estate negotiations

........................................................................................................45 Public employment

................................................................................................................46 Labor negotiations

.................................................................................................................47 Labor negotiations — school and community college districts ............................................48
Other Education Code exceptions

.........................................................................................48 Joint Powers Authorities

........................................................................................................48 License applicants with criminal records

..............................................................................49 Public security

........................................................................................................................49 Multijurisdictional law enforcement agency

.........................................................................49 Hospital peer review and trade secrets

.................................................................................49 Other legislative bases for closed session

.............................................................................50 Who may attend closed sessions

..........................................................................................50 The confidentiality of closed session discussions

.................................................................50 CHAPTER 6: REMEDIES

........................................................................55 Invalidation

.............................................................................................................................56 Applicability to Past Actions

..................................................................................................57 Civil action to prevent future violations

.................................................................................57 Costs and attorney’s fees

......................................................................................................58 Criminal complaints

...............................................................................................................58 Voluntary resolution

...............................................................................................................59 83 4
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Chapter 1
IT IS THE PEOPLE’S BUSINESS
The right of access

.............................................................................................................. 6 Broad coverage

................................................................................................................... 6 Narrow exemptions

............................................................................................................ 7 Public participation in meetings

......................................................................................... 7 Controversy

......................................................................................................................... 8 Beyond the law — good business practices

...................................................................... 8 Achieving balance

............................................................................................................... 9 Historical note

..................................................................................................................... 9 OPEN & PUBL iC V: A GUIDE TO THE RALPH M. BROWN ACT
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CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the Brown Act’s initial section, declaring the Legislature’
s

intent:
“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.”
1 The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government

information:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” 2 The Brown Act’s other unchanged provision is a single sentence:
“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.”
3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act.

Broad coverage
The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly-elected members of a legislative body, even before they take office.

Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body Chapter 1
IT IS THE PEOPLE’S BUSINESS
PRACTICE TIP: The key to the
Brown Act is a single sentence.

In summary, all meetings shall
be open and public except
when the Brown Act authorizes
otherwise.
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discusses, deliberates or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference.

New communication technologies present new Brown Act challenges. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by members of a legislative body in an internet chatroom or blog dialogue. Communicating during meetings using electronic technology (such as laptop computers, tablets, or smart phones) may create the perception that private communications are influencing the outcome of decisions; some state legislatures have banned the practice. On the other hand, widespread cablecasting and web streaming of meetings has greatly expanded public access to the decision-making process.

Narrow exemptions
The express purpose of the Brown Act is to assure that local government agencies conduct the public’s business openly and publicly. Courts and the California Attorney General usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules.
4 Generally, public officials should think of themselves as living in glass houses, and that they may only draw the curtains when it is in the public interest to preserve confidentiality. Closed sessions may be held only as specifically authorized by the provisions of the Brown Act itself.

The Brown Act, however, is limited to meetings among a majority of the members of multi- member government bodies when the subject relates to local agency business. It does not apply to independent conduct of individual decision-makers. It does not apply to social, ceremonial, educational, and other gatherings as long as a majority of the members of a body do not discuss issues related to their local agency’s business. Meetings of temporary advisory committees — as distinguished from standing committees — made up solely of less than a quorum of a legislative body are not subject to the Brown Act.

The law does not apply to local agency staff or employees, but they may facilitate a violation by acting as a conduit for discussion, deliberation, or action by the legislative body. 5 The law, on the one hand, recognizes the need of individual local officials to meet and discuss matters with their constituents. On the other hand, it requires — with certain specific exceptions to protect the community and preserve individual rights — that the decision-making process be public. Sometimes the boundary between the two is not easy to draw.

Public participation in meetings
In addition to requiring the public’s business to be conducted in open, noticed meetings, the Brown Act also extends to the public the right to participate in meetings. Individuals, lobbyists, and members of the news media possess the right to attend, record, broadcast, and participate in public meetings. The public’s participation is further enhanced by the Brown Act’s requirement that a meaningful agenda be posted in advance of meetings, by limiting discussion and action to matters listed on the agenda, and by requiring that meeting materials be made available.

Legislative bodies may, however, adopt reasonable regulations on public testimony and the conduct of public meetings, including measures to address disruptive conduct and irrelevant speech.

PRACTICE TIP: Think of the
government’s house as being
made of glass. The curtains may
be dr
awn only to further the
public’s interest. A local policy
on the use of laptop computers,
tablets, and smart phones during
Brown Act meetings may help
avoid problems.
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CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
Controversy
Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception.

News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation. They often suspect that closed sessions are being misused.

Public officials complain that the Brown Act makes it difficult to respond to constituents and requires public discussions of items better discussed privately — such as why a particular person should not be appointed to a board or commission. Many elected officials find the Brown Act inconsistent with their private business experiences. Closed meetings can be more efficient; they eliminate grandstanding and promote candor. The techniques that serve well in business — the working lunch, the sharing of information through a series of phone calls or emails, the backroom conversations and compromises — are often not possible under the Brown Act.

As a matter of public policy, California (along with many other states) has concluded that there is more to be gained than lost by conducting public business in the open. Government behind closed doors may well be efficient and business-like, but it may be perceived as unresponsive and untrustworthy.

Beyond the law — good business practices
Violations of the Brown Act can lead to invalidation of an agency’s action, payment of a challenger’s attorney fees, public embarrassment, even criminal prosecution. But the Brown Act is a floor, not a ceiling for conduct of public officials. This guide is focused not only on the Brown Act as a minimum standard, but also on meeting practices or activities that, legal or not, are likely to create controversy. Problems may crop up, for example, when agenda descriptions are too brief or vague, when an informal get- together takes on the appearance of a meeting, when an agency conducts too much of its business in closed session or discusses matters in closed session that are beyond the authorized scope, or when controversial issues arise that are not on the agenda.

The Brown Act allows a legislative body to adopt practices and requirements for greater access to meetings for itself and its subordinate committees and bodies that are more stringent than the law itself requires.
6 Rather than simply restate the basic
requirements of the Brown Act, local open meeting policies should strive to anticipate and prevent problems in areas where the Brown Act does not provide full guidance. As with the adoption of any other significant policy, public comment should be solicited.

A local policy could build on these basic Brown Act goals:
A legislative body’s need to get its business done smoothly; The public’s right to participate meaningfully in meetings, and to review documents used in decision-making at a relevant point in time;
A local agency’s right to confidentially address certain negotiations, personnel matters, claims and litigation; and
The right of the press to fully understand and communicate public agency decision-making.

PRACTICE TIP: Transparency
is a foundational value for
ethical government practices.

The Brown Act is a floor, not a
ceiling, for conduct.
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An explicit and comprehensive public meeting and information policy, especially if reviewed periodically, can be an important element in maintaining or improving public relations. Such a policy exceeds the absolute requirements of the law — but if the law were enough, this guide would be unnecessary. A narrow legalistic approach will not avoid or resolve potential controversies. An agency should consider going beyond the law, and look at its unique circumstances and determine if there is a better way to prevent potential problems and promote public trust. At the very least, local agencies need to think about how their agendas are structured in order to make Brown Act compliance easier. They need to plan carefully to make sure public participation fits smoothly into the process.

Achieving balance
The Brown Act should be neither an excuse for hiding the ball nor a mechanism for hindering efficient and orderly meetings. The Brown Act represents a balance among the interests of constituencies whose interests do not always coincide. It calls for openness in local government, yet should allow government to function responsively and productively.

There must be both adequate notice of what discussion and action is to occur during a meeting as well as a normal degree of spontaneity in the dialogue between elected officials and their constituents.

The ability of an elected official to confer with constituents or colleagues must be balanced against the important public policy prohibiting decision-making outside of public meetings.

In the end, implementation of the Brown Act must ensure full participation of the public and preserve the integrity of the decision-making process, yet not stifle government officials and impede the effective and natural operation of government.

Historical note
In late 1951, San Francisco Chronicle reporter Mike Harris spent six weeks looking into the way local agencies conducted meetings. State law had long required that business be done in public, but Harris discovered secret meetings or caucuses were common. He wrote a 10-part series on “Your Secret Government” that ran in May and June 1952.

Out of the series came a decision to push for a new state open meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted such a bill and Assembly Member Ralph M. Brown agreed to carry it. The Legislature passed the bill and Governor Earl Warren signed it into law in 1953.

The Ralph M. Brown Act, known as the Brown Act, has evolved under a series of amendments and court decisions, and has been the model for other open meeting laws — such as the Bagley-Keene Act, enacted in 1967 to cover state agencies.

Assembly Member Brown is best known for the open meeting law that carries his name. He was elected to the Assembly in 1942 and served 19 years, including the last three years as Speaker. He then became an appellate court justice.

PRACTICE TIP: The Brown Act
should be viewed as a tool
to facilitate the business of
local government agencies.

Local policies that go beyond
the minimum requirements
of law may help instill public
confidence and avoid problems.
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CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
ENDNOTES:
1 C
alifornia Government Code section 54950
2 C
alifornia Constitution, Art. 1, section 3(b)(1)
3 C
alifornia Government Code section 54953(a)
4 T
his principle of broad construction when it furthers public access and narrow construction if a provision limits public access is also stated in the amendment to the State’s Constitution adopted by Proposition 59 in 2004. California Constitution, Art. 1, section 3(b)(2). 5 C
alifornia Government Code section 54952.2(b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533
6 C
alifornia Government Code section 54953.7
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
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OPEN & PUBL iC V: A GUIDE TO THE RALPH M. BROWN ACT
Chapter 2

LEGISLATIVE BODIES
What is a “legislative body” of a local agency?

................................................................ 12 What is not a “legislative body” for purposes of the Brown Act?

.................................... 14
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CHAPTER 2: LEGISLATIVE BODIES
The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.1 What is a “legislative body” of a local agency?
A “legislative body” includes:
The “governing body of a local agency” and certain of its subsidiary bodies; “or any other local body created by state or federal statute.”2 This includes city councils, boards of supervisors, school boards and boards of trustees of special districts. A “local agency” is any city, county, city and county, school district, municipal corporation, successor agency to a redevelopment agency, district, political subdivision or other local public agency.
3 A housing authority is a local agency under the Brown Act even though it is created by and is an agent of the state.4 The California Attorney General has opined that air pollution control districts and regional open space districts are also covered.
5 Entities created pursuant
to joint powers agreements are also local agencies within the meaning of the Brown Act.
6 Newly-elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office.7 Thus, meetings between incumbents and newly-elected members of a legislative body, such as a meeting between two outgoing members and a member-elect of a five-member body, could violate the Brown Act.

Q. On the morning following the election to a five-member legislative body of a local agency, two successful candidates, neither an incumbent, meet with an incumbent member of the legislative body for a celebratory breakfast. Does this violate the Brown Act?
A. It might, and absolutely would if the conversation turns to agency business. Even though the candidates-elect have not officially been sworn in, the Brown Act applies.

If purely a social event, there is no violation but it would be preferable if others were invited to attend to avoid the appearance of impropriety. Appointed bodies — whether permanent or temporary, decision-making or advisory — including planning commissions, civil service commissions and other subsidiary committees, boards, and bodies. Volunteer groups, executive search committees, task forces, and blue ribbon committees created by formal action of the governing body are legislative bodies. When the members of two or more legislative bodies are appointed to serve on an entirely separate advisory group, the resulting body may be subject to the Chapter 2

LEGISLATIVE BODIES
PRACTICE TIP: The prudent
presumption is that an advisory
committee or task force is
subject to the Brown Act. Even
if one clearly is not, it may want
to comply with the Brown Act.

Public meetings may reduce the
possibility of misunderstandings
and controversy.
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OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
Brown Act. In one reported case, a city council created a committee of two members of the city council and two members of the city planning commission to review qualifications of prospective planning commissioners and make recommendations to the council. The court held that their joint mission made them a legislative body subject to the Brown Act.

Had the two committees remained separate; and met only to exchange information and report back to their respective boards, they would have been exempt from the Brown Act. 8 Standing committees of a legislative body, irrespective of their composition, which have either: (1) a continuing subject matter jurisdiction; or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. 9 Even if it comprises
less than a quorum of the governing body, a standing committee is subject to the Brown Act. For example, if a governing body creates long-term committees on budget and finance or on public safety, those are standing committees subject to the Brown Act. Further, according to the California Attorney General, function over form controls. For example, a statement by the legislative body that the advisory committee “shall not exercise continuing subject matter jurisdiction” or the fact that the committee does not have a fixed meeting schedule is not determinative.
10 “Formal action” by a legislative body includes
authorization given to the agency’s executive officer to appoint an advisory committee pursuant to agency-adopted policy.
11 The governing body of any private organization either: (1) created by the legislative body in order to exercise authority that may lawfully be delegated by such body to a private corporation, limited liability company or other entity; or (2) that receives agency funding and whose governing board includes a member of the legislative body of the local agency appointed by the legislative body as a full voting member of the private entity’s governing board.
12 These include some nonprofit corporations created by local agencies.13 If a local agency contracts with a private firm for a service (for example, payroll, janitorial, or food services), the private firm is not covered by the Brown Act. 14 When a member of
a legislative body sits on a board of a private organization as a private person and is not appointed by the legislative body, the board will not be subject to the Brown Act. Similarly, when the legislative body appoints someone other than one of its own members to such boards, the Brown Act does not apply. Nor does it apply when a private organization merely receives agency funding.
15 Q: The local chamber of commerce is funded in part by the city. The mayor sits on the chamber’s board of directors. Is the chamber board a legislative body subject to the Brown Act?
A: Maybe. If the chamber’s governing documents require the mayor to be on the board and the city council appoints the mayor to that position, the board is a legislative body. If, however, the chamber board independently appoints the mayor to its board, or the mayor attends chamber board meetings in a purely advisory capacity, it is not.

Q: If a community college district board creates an auxiliary organization to operate a campus bookstore or cafeteria, is the board of the organization a legislative body? A: Yes. But, if the district instead contracts with a private firm to operate the bookstore or cafeteria, the Brown Act would not apply to the private firm. Certain types of hospital operators. A lessee of a hospital (or portion of a hospital) PRACTICE TIP: It can be
difficult to determine whether
a subcommittee of a body falls
into the category of a standing
committee or an exempt
temporary committee. Suppose a
committee is created to explore
the renewal of a franchise or a
topic of similarly limited scope
and duration. Is it an exempt
temporary committee or a non-
exempt standing committee? The
answer may depend on factors
such as how meeting schedules
are determined, the scope of the
committee’s charge, or whether
the committee exists long enough
to have “continuing jurisdiction.”
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CHAPTER 2: LEGISLATIVE BODIES
first leased under Health and Safety Code subsection 32121(p) after January 1, 1994, which exercises “material authority” delegated to it by a local agency, whether or not such lessee is organized and operated by the agency or by a delegated authority. 16 What is not a “legislative body” for purposes of the Brown Act? A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act. 17 Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion.
18 Groups advisory to a single decision-maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others. A committee advising a superintendent of schools would not be covered by the Brown Act. However, the same committee, if created by formal action of the school board, would be covered.
19 Q. A member of the legislative body of a local agency informally establishes an advisory committee of five residents to advise her on issues as they arise. Does the Brown Act apply to this committee?
A. No, because the committee has not been established by formal action of the legislative body.

Q. During a meeting of the city council, the council directs the city manager to form an advisory committee of residents to develop recommendations for a new ordinance. The city manager forms the committee and appoints its members; the committee is instructed to direct its recommendations to the city manager. Does the Brown Act apply to this committee?
A. P ossibly, because the direction from the city council might be regarded as a formal action of the body notwithstanding that the city manager controls the committee. Individual decision makers who are not elected or appointed members of a legislative body are not covered by the Brown Act. For example, a disciplinary hearing presided over by a department head or a meeting of agency department heads are not subject to the Brown Act since such assemblies are not those of a legislative body. 20 Public employees, each acting individually and not engaging in collective deliberation on a specific issue, such as the drafting and review of an agreement, do not constitute a legislative body under the Brown Act, even if the drafting and review process was established by a legislative body.
21 County central committees of political parties are also not Brown Act bodies.22 ENDNOTES:
1 T axpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127 94 15
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2 C alifornia Government Code section 54952(a) and (b)
3 C
alifornia Government Code section 54951; Health and Safety Code section 34173(g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Education Code section 35147, which exempts certain school councils and school site advisory committees from the Brown Act and imposes upon them a separate set of rules.
4 T
orres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550
5 71 O
ps.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990) 6 M
cKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime T ask Force (2005) 134 Cal.

App.4th 354, 362
7 C
alifornia Government Code section 54952.1
8 J
oiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805 9 C
alifornia Government Code section 54952(b)
10 79 O
ps.Cal.Atty.Gen. 69 (1996)
11 F
razer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793 12 C
alifornia Government Code section 54952(c)(1). Regarding private organizations that receive local agency funding, the same rule applies to a full voting member appointed prior to February 9, 1996 who, after that date, is made a non-voting board member by the legislative body. California Government Code section 54952(c)(2)
13 C
alifornia Government Code section 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export T erminal, Inc. (1999) 69 Cal.App.4th 287, 300; Epstein v. Hollywood Entertainment Dist. II Business Improvement District (2001) 87 Cal.App.4th 862, 876; see also 85 Ops.Cal.Atty.Gen. 55 (2002)
14 I
nternational Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal (1999) 69 Cal.

App.4th 287, 300 fn. 5
15 “
The Brown Act, Open Meetings for Local Legislative Bodies, ” California Attorney General’s Office (2003), p. 7
16 C
alifornia Government Code section 54952(d)
17 C
alifornia Government Code section 54952(b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 18 T
axpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129 19 56 O
ps.Cal.Atty.Gen. 14, 16-17 (1973)
20 W
ilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879 21 G
olightly v. Molina (2014) 229 Cal.App.4th 1501, 1513
22 59 O
ps.Cal.Atty.Gen. 162, 164 (1976)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
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Chapter 3

MEETINGS
Brown Act meetings

......................................................................................................... 18 Six exceptions to the meeting definition

.......................................................................... 18 Collective briefings

............................................................................................................ 21 Retreats or workshops of legislative bodies..................................................................... 21 Serial meetings

................................................................................................................. 21 Informal gatherings

........................................................................................................... 24 Technological conferencing

.............................................................................................. 24 Location of meetings

........................................................................................................ 25 97 18
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CHAPTER 3: MEETINGS
The Brown Act only applies to meetings of local legislative bodies. The Brown Act defines a meeting as: “… and 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 any action on any item that is within the subject matter jurisdiction of the legislative body.”
1 The term “meeting” is not limited to
gatherings at which action is taken but includes deliberative gatherings as well. A hearing before an individual hearing officer is not a meeting under the Brown Act because it is not a hearing before a legislative body. 2 Brown Act meetings
Brown Act meetings include a legislative body’s regular meetings, special meetings, emergency meetings, and adjourned meetings.
“Regular meetings” are meetings occurring at the dates, times, and location set by resolution, ordinance, or other formal action by the legislative body and are subject to 72- hour posting requirements.
3 “Special meetings” are meetings called by the presiding officer or majority of the legislative body to discuss only discrete items on the agenda under the Brown Act’s notice requirements for special meetings and are subject to 24-hour posting requirements. 4 “Emergency meetings” are a limited class of meetings held when prompt action is needed due to actual or threatened disruption of public facilities and are held on little notice.5 “Adjourned meetings” are regular or special meetings that have been adjourned or re-adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted.
6 Six exceptions to the meeting definition
The Brown Act creates six exceptions to the meeting definition:7 Individual Contacts
The first exception involves individual contacts between a member of the legislative body and any other person. The Brown Act does not limit a legislative body member acting on his or her own. This exception recognizes the right to confer with constituents, advocates, consultants, news reporters, local agency staff, or a colleague.

Individual contacts, however, cannot be used to do in stages what would be prohibited in one step. For example, a series of individual contacts that leads to discussion, deliberation, or action among a majority of the members of a legislative body is prohibited. Such serial meetings are discussed below.

Chapter 3

MEETINGS
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Conferences
The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body.

Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, so long as those meetings are open to the public. However, a majority of members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within their local agency’s subject matter jurisdiction.

Community Meetings
The third exception allows a legislative body majority to attend an open and publicized meeting held by another organization to address a topic of local community concern. A majority cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the legislative body’s subject matter jurisdiction. Under this exception, a legislative body majority may attend a local service club meeting or a local candidates’ night if the meetings are open to the public. “I see we have four distinguished members of the city council at our meeting tonight,” said the chair of the Environmental Action Coalition.“I wonder if they have anything to say about the controversy over enacting a slow growth ordinance?”
T
he Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if a majority discusses, deliberates, or takes action on an item during the meeting of the other organization. There is a fine line between what is permitted and what is not; hence, members should exercise caution when participating in these types of events.

Q. The local chamber of commerce sponsors an open and public candidate debate during an election campaign. Three of the five agency members are up for re-election and all three participate. All of the candidates are asked their views of a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question?
A. Yes, because the Brown Act does not constrain the incumbents from expressing their views regarding important matters facing the local agency as part of the political process the same as any other candidates.
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CHAPTER 3: MEETINGS
Other Legislative Bodies
The fourth exception allows a majority of a legislative body to attend an open and publicized meeting of: (1) another body of the local agency; and (2) a legislative body of another local agency.
8 Again, the majority
cannot discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within their subject matter jurisdiction. This exception allows, for example, a city council or a majority of a board of supervisors to attend a controversial meeting of the planning commission.

Nothing in the Brown Act prevents the majority of a legislative body from sitting together at such a meeting. They may choose not to, however, to preclude any possibility of improperly discussing local agency business and to avoid the appearance of a Brown Act violation. Further, aside from the Brown Act, there may be other reasons, such as due process considerations, why the members should avoid giving public testimony or trying to influence the outcome of proceedings before a subordinate body.

Q. The entire legislative body intends to testify against a bill before the Senate Local Government Committee in Sacramento. Must this activity be noticed as a meeting of the body?
A. No, because the members are attending and participating in an open meeting of another governmental body which the public may attend.

Q. The members then proceed upstairs to the office of their local Assembly member to discuss issues of local interest. Must this session be noticed as a meeting and be open to the public?
A. Yes, because the entire body may not meet behind closed doors except for proper closed sessions. The same answer applies to a private lunch or dinner with the Assembly member.

Standing Committees
The fifth exception authorizes the attendance of a majority at an open and noticed meeting of a standing committee of the legislative body, provided that the legislative body members who are not members of the standing committee attend only as observers (meaning that they cannot speak or otherwise participate in the meeting).
9 Q. The legislative body establishes a standing committee of two of its five members, which meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she?
A. She may attend, but only as an observer; she may not participate. 100
21 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
Social or Ceremonial Events
The final exception permits a majority of a legislative body to attend a purely social or ceremonial occasion. Once again, a majority cannot discuss business among themselves of a specific nature that is within the subject matter jurisdiction of the legislative body.

Nothing in the Brown Act prevents a majority of members from attending the same football game, party, wedding, funeral, reception, or farewell. The test is not whether a majority of a legislative body attends the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. So long as no such business is discussed, there is no violation of the Brown Act.

Grand Jury Testimony
In addition, members of a legislative body, either individually or collectively, may give testimony in private before a grand jury.
10 This is the equivalent of a seventh exception to the Brown Act’s definition of a “meeting.”
Collective briefings
None of these exceptions permits a majority of a legislative body to meet together with staff in advance of a meeting for a collective briefing. Any such briefings that involve a majority of the body in the same place and time must be open to the public and satisfy Brown Act meeting notice and agenda requirements.

Retreats or workshops of legislative bodies
Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, or workshops are covered under the Brown Act. This is the case whether the retreat, study session, or workshop focuses on long-range agency planning, discussion of critical local issues, or team building and group dynamics.
11 Q. The legislative body wants to hold a team-building session to improve relations among its members. May such a session be conducted behind closed doors? A. No, this is not a proper subject for a closed session, and there is no other basis to exclude the public. Council relations are a matter of public business.

Serial meetings
One of the most frequently asked questions about the Brown Act involves serial meetings. At any one time, such meetings involve only a portion of a legislative body, but eventually involve a majority. The Brown Act provides that “[a] majority of the members of a legislative body shall not, outside a meeting … 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.” 12 The problem with serial meetings is
the process, which deprives the public of an opportunity for meaningful observation of and participation in legislative body decision-making.
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CHAPTER 3: MEETINGS
The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the daisy chain scenario, Member A contacts Member B, Member B contacts Member C, Member C contacts Member D and so on, until a quorum has discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. The hub and spoke process involves at least two scenarios. In the first scenario, Member A (the hub) sequentially contacts Members B, C, and D and so on (the spokes), until a quorum has been contacted. In the second scenario, a staff member (the hub), functioning as an intermediary for the legislative body or one of its members, communicates with a majority of members (the spokes)
one-by-one for for discussion, deliberation, or a decision on a proposed action.
13 Another example of a serial meeting is
when a chief executive officer (the hub) briefs a majority of members (the spokes) prior to a formal meeting and, in the process, information about the members’ respective views is revealed. Each of these scenarios violates the Brown Act.

A legislative body member has the right, if not the duty, to meet with constituents to address their concerns. That member also has the right to confer with a colleague (but not with a majority of the body, counting the member) or appropriate staff about local agency business. An employee or official of a local agency may engage in separate
conversations or communications outside of an open and
noticed meeting “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.” 14 The Brown Act has been violated, however, if several one-on-one meetings or conferences leads to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum of a city council, by a letter that had been circulated among members outside of a formal meeting, directed staff to take action in an eminent domain proceeding. 15 A unilateral written communication to the legislative body, such as an informational or advisory memorandum, does not violate the Brown Act.
16 Such a memo, however, may be a public record.17
The phone call was from a lobbyist. “Say, I need your vote for that project in the south area. How about it?”
“Well, I don’t know,” replied Board Member Aletto. “That’s kind of a sticky proposition. You sure you need my vote?”
“Well, I’ve got Bradley and Cohen lined up and another vote leaning. With you I’d be over the top.”
Moments later
, the phone rings again. “Hey, I’ve been hearing some rumbles on that south area project,” said the newspaper reporter. “I’m counting noses.

How are you voting on it?”
Neither the lobb
yist nor the reporter has violated the Brown Act, but they are facilitating 102
23 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
a violation. The board member may have violated the Brown Act by hearing about the positions of other board members and indeed coaxing the lobbyist to reveal the other board members’ positions by asking “You sure you need my vote?” The prudent course is to avoid such leading conversations and to caution lobbyists, staff, and news media against revealing such positions of others.

The mayor sat down across from the city manager
. “From now on,” he
declared, “I want you to provide individual briefings on upcoming agenda items. Some of this material is very technical, and the council members don’t want to sound like idiots asking about it in public. Besides that, briefings will speed up the meeting.”
Agenc
y employees or officials may have separate conversations or communications outside of an open and noticed meeting “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.”
18 Members should always be vigilant when discussing local agency business with anyone to avoid conversations that could lead to a discussion, deliberation or action taken among the majority of the legislative body. “Thanks for the information,” said Council Member Kim. “These zoning changes can be tricky, and now I think I’m better equipped to make the right decision.” “Glad to be of assistance,” replied the planning director. “I’m sure Council Member Jones is OK with these changes. How are you leaning?” “Well,” said Council Member Kim, “I’m leaning toward approval. I know that two of my colleagues definitely favor approval.”
T
he planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two of her colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act.

Q. The agency’s website includes a chat room where agency employees and officials participate anonymously and often discuss issues of local agency business. Members of the legislative body participate regularly. Does this scenario present a potential for violation of the Brown Act?
A. Yes, because it is a technological device that may serve to allow for a majority of members to discuss, deliberate, or take action on matters of agency business.

Q. A member of a legislative body contacts two other members on a five-member body relative to scheduling a special meeting. Is this an illegal serial meeting? A. No, the Brown Act expressly allows a majority of a body to call a special meeting, though the members should avoid discussing the merits of what is to be taken up at the meeting.

PRACTICE TIP: When briefing
legislative body members,
staff must exercise care not to
disclose other members’ views
and positions.
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CHAPTER 3: MEETINGS
Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply to all” button that may inadvertently result in a Brown Act violation.

Informal gatherings
Often members are tempted to mix business with pleasure — for example, by holding a post- meeting gathering. Informal gatherings at which local agency business is discussed or transacted violate the law if they are not conducted in conformance with the Brown Act. 19 A luncheon
gathering in a crowded dining room violates the Brown Act if the public does not have an opportunity to attend, hear, or participate in the deliberations of members.

Thursday at 11:30 a.m., as they did every week, the board of directors of the Dry Gulch Irrigation District trooped into Pop’s Donut Shoppe for an hour of talk and fellowship. They sat at the corner window, fronting on Main and Broadway, to show they had nothing to hide. Whenever he could, the managing editor of the weekly newspaper down the street hurried over to join the board.

A gathering like this would not violate the Brown Act if board members scrupulously avoided talking about irrigation district issues — which might be difficult. This kind of situation should be avoided. The public is unlikely to believe the board members could meet regularly without discussing public business. A newspaper executive’s presence in no way lessens the potential for a violation of the Brown Act.

Q. The agency has won a major victory in the Supreme Court on an issue of importance.

The presiding officer decides to hold an impromptu press conference in order to make a statement to the print and broadcast media. All the other members show up in order to make statements of their own and be seen by the media. Is this gathering illegal? A. Technically there is no exception for this sort of gathering, but as long as members do not state their intentions as to future action to be taken and the press conference is open to the public, it seems harmless.

Technological conferencing
Except for certain nonsubstantive purposes, such as scheduling a special meeting, a conference call including a majority of the members of a legislative body is an unlawful meeting. But, in an effort to keep up with information age technologies, the Brown Act specifically allows a legislative body to use any type of teleconferencing to meet, receive public comment and testimony, deliberate, or conduct a closed session.
20 While the Brown Act contains specific requirements
for conducting a teleconference, the decision to use teleconferencing is entirely discretionary with the body. No person has a right under the Brown Act to have a meeting by teleconference.
“Teleconference” is defined as “a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either 104
25 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
audio or video, or both.”21 In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the Brown Act otherwise applicable. The Brown Act contains the following teleconferencing requirements:22 Teleconferencing may be used for all purposes during any meeting; At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction;
Additional teleconference locations may be made available for the public; Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be applicable; Agendas must be posted at each teleconference location, even if a hotel room or a residence;
Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate; The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location; and
All votes must be by roll call.

Q. A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving from Washington, D.C. to New York. May she? A. She may not participate or vote because she is not in a noticed and posted teleconference location.

The use of teleconferencing to conduct a legislative body meeting presents a variety of issues beyond the scope of this guide to discuss in detail. Therefore, before teleconferencing a meeting, legal counsel for the local agency should be consulted.

Location of meetings
The Brown Act generally requires all regular and special meetings of a legislative body, including retreats and workshops, to be held within the boundaries of the territory over which the local agency exercises jurisdiction.
23 An open and publicized meeting of a legislative body may be held outside of agency boundaries if the purpose of the meeting is one of the following:
24 Comply with state or federal law or a court order, or attend a judicial conference or administrative proceeding in which the local agency is a party; Inspect real or personal property that cannot be conveniently brought into the local agency’s territory, provided the meeting is limited to items relating to that real or personal property; Q. The agency is considering approving a major retail mall. The developer has built other similar malls, and invites the entire legislative body to visit a mall outside the jurisdiction. May the entire body go?
A. Yes, the Brown Act permits meetings outside the boundaries of the agency for specified reasons and inspection of property is one such reason. The field trip must be treated as a meeting and the public must be allowed to attend. 105
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CHAPTER 3: MEETINGS
Participate in multiagency meetings or discussions; however, such meetings must be held within the boundaries of one of the participating agencies, and all of those agencies must give proper notice;
Meet in the closest meeting facility if the local agency has no meeting facility within its boundaries, or meet at its principal office if that office is located outside the territory over which the agency has jurisdiction;
Meet with elected or appointed federal or California officials when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction; Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility; or
Visit the office of its legal counsel for a closed session on pending litigation, when to do so would reduce legal fees or costs.
25 In addition, the governing board of a school or community college district may hold meetings outside of its boundaries to attend a conference on nonadversarial collective bargaining techniques, interview candidates for school district superintendent, or interview a potential employee from another district.
26 A school board may also interview
members of the public residing in another district if the board is considering employing that district’s superintendent.

Similarly, meetings of a joint powers authority can occur within the territory of at least one of its member agencies, and a joint powers authority with members throughout the state may meet anywhere in the state.
27 Finally, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding officer can designate another meeting place for the duration of the emergency. News media that have requested notice of meetings must be notified of the designation by the most rapid means of communication available.
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Endnotes:
1 C alifornia Government Code section 54952.2(a)
2 W
ilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870 3 C
alifornia Government Code section 54954(a)
4 C
alifornia Government Code section 54956
5 C
alifornia Government Code section 54956.5
6 C
alifornia Government Code section 54955
7 C
alifornia Government Code section 54952.2(c)
8 C
alifornia Government Code section 54952.2(c)(4)
9 C
alifornia Government Code section 54952.2(c)(6)
10 C
alifornia Government Code section 54953.1
11 “
The Brown Act, ” California Attorney General (2003), p. 10 12 C
alifornia Government Code section 54952.2(b)(1)
13 S
tockton Newspaper Inc. v. Redevelopment Agency (1985) 171 Cal.App.3d 95 14 C
alifornia Government Code section 54952.2(b)(2)
15 C
ommon Cause v. Stirling (1983) 147 Cal.App.3d 518
16 R
oberts v. City of Palmdale (1993) 5 Cal.4th 363
17 C
alifornia Government Code section 54957.5(a)
18 C
alifornia Government Code section 54952.2(b)(2)
19 C
alifornia Government Code section 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964) 20 C
alifornia Government Code section 54953(b)(1)
21 C
alifornia Government Code section 54953(b)(4)
22 C
alifornia Government Code section 54953
23 C
alifornia Government Code section 54954(b)
24 C
alifornia Government Code section 54954(b)(1)-(7)
25 94 O
ps.Cal.Atty.Gen. 15 (2011)
26 C
alifornia Government Code section 54954(c)
27 C
alifornia Government Code section 54954(d)
28 C
alifornia Government Code section 54954(e)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
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Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Agendas for regular meetings

.......................................................................................... 30 Mailed agenda upon written request

............................................................................... 31 Notice requirements for special meetings

....................................................................... 32 Notices and agendas for adjourned and continued meetings and hearings

................... 32
Notice requirements for emergency meetings

................................................................ 32 Notice of compensation for simultaneous or serial meetings ......................................... 33 Educational agency meetings

........................................................................................... 33 Notice requirements for tax or assessment meetings and hearings ............................... 33
Non-agenda items

............................................................................................................. 34 Responding to the public

.................................................................................................. 34 The right to attend and observe meetings

....................................................................... 35 Records and recordings

.................................................................................................... 36 The public’s place on the agenda

..................................................................................... 37 109
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CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Effective notice is essential for an open and public meeting.

Whether a meeting is open or how the public may participate in that meeting is academic if nobody knows about the meeting.

Agendas for regular meetings
Every regular meeting of a legislative body of a local agency — including advisory committees, commissions, or boards, as well as standing committees of legislative bodies — must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed.

The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.” 1 The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision to require posting in a location accessible to the public 24 hours a day during the 72-hour period, but any of the 72 hours may fall on a weekend.
2 This provision may be satisfied by posting
on a touch screen electronic kiosk accessible without charge to the public 24 hours a day during the 72-hour period.
3 While posting an agenda on an agency’s Internet website will not, by itself, satisfy the “freely accessible” requirement since there is no universal access to the internet, an agency has a supplemental obligation to post the agenda on its website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body.
4 Q. May the meeting of a governing body go forward if its agenda was either inadvertently not posted on the city’
s website or if the website was not operational during part or all of the 72-hour period preceding the meeting?
A. At a minimum, the Brown Act calls for “substantial compliance” with all agenda posting requirements, including posting to the agency website.
5 Should website technical
difficulties arise, seek a legal opinion from your agency attorney. The California Attorney General has opined that technical difficulties which cause the website agenda to become inaccessible for a portion of the 72 hours preceding a meeting do not automatically or inevitably lead to a Brown Act violation, provided the agency can demonstrate substantial compliance.
6 This inquiry requires a fact-specific examination of whether the agency or its legislative body made “reasonably effective efforts to notify interested persons of a public meeting” through online posting and other available means. 7 The Attorney General’s
opinion suggests that this examination would include an evaluation of how long a technical problem persisted, the efforts made to correct the problem or otherwise ensure that the public was informed, and the actual effect the problem had on public 110
31 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
awareness, among other factors.8 The City Attorneys’ Department has taken the position that obvious website technical difficulties do not require cancellation of a meeting, provided that the agency meets all other Brown Act posting requirements and the agenda is available on the website once the technical difficulties are resolved.

The agenda must state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.”
9 Special care should be taken to describe on the agenda each distinct action to be taken by the legislative body, and avoid overbroad descriptions of a “project” if the “project” is actually a set of distinct actions that must each be separately listed on the agenda.
10 Q. The agenda for a regular meeting contains the following items of business:
• Consider ation of a report regarding traffic on Eighth Street; and • Consider ation of contract with ABC Consulting.

Are these descriptions adequate?
A. If the first is, it is barely adequate. A better description would provide the reader with some idea of what the report is about and what is being recommended. The second is not adequate. A better description might read “consideration of a contract with ABC Consulting in the amount of $50,000 for traffic engineering services regarding traffic on Eighth Street.”
Q. The agenda includes an item entitled City Manager’ s Report, during which time the city manager provides a brief report on notable topics of interest, none of which are listed on the agenda.

Is this permissible?
A. Y es, so long as it does not result in extended discussion or action by the body.

A brief general description may not be sufficient for closed session agenda items. The Brown Act provides safe harbor language for the various types of permissible closed sessions. Substantial compliance with the safe harbor language is recommended to protect legislative bodies and elected officials from legal challenges.

Mailed agenda upon written request
The legislative body, or its designee, must mail a copy of the agenda or, if requested, the entire agenda packet, to any person who has filed a written request for such materials. These copies shall be mailed at the time the agenda is posted. If requested, these materials must be made available in appropriate alternative formats to persons with disabilities.

A request for notice is valid for one calendar year and renewal requests must be filed following January 1 of each year. The legislative body may establish a fee to recover the cost of providing the service. Failure of the requesting person to receive the agenda does not constitute grounds for invalidation of actions taken at the meeting. 11 PRACTICE TIP: Putting together
a meeting agenda requires
careful thought.
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CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Notice requirements for special meetings
There is no express agenda requirement for special meetings, but the notice of the special meeting effectively serves as the agenda and limits the business that may be transacted or discussed.

Written notice must be sent to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, and radio or television station that has requested such notice in writing. This notice must be delivered by personal delivery or any other means that ensures receipt, at least 24 hours before the time of the meeting.

The notice must state the time and place of the meeting, as well as all business to be transacted or discussed. It is recommended that the business to be transacted or discussed be described in the same manner that an item for a regular meeting would be described on the agenda — with a brief general description. As noted above, closed session items should be described in accordance with the Brown Act’s safe harbor provisions to protect legislative bodies and elected officials from challenges of noncompliance with notice requirements.

The special meeting notice must also be posted at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting: (1) at a site that is freely accessible to the public, and (2) on the agency’s website if: (1) the local agency has a website; and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body, or (b) has members that are compensated, with one or more members that are also members of a governing body. 12 Notices and agendas for adjourned and continued meetings and hearings
A regular or special meeting can be adjourned and re-adjourned to a time and place specified in the order of adjournment.13 If no time is stated, the meeting is continued to the hour for regular meetings. Whoever is present (even if they are less than a quorum) may so adjourn a meeting; if no member of the legislative body is present, the clerk or secretary may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. 14 A copy of the
order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.

A hearing can be continued to a subsequent meeting. The process is the same as for continuing adjourned meetings, except that if the hearing is continued to a time less than 24 hours away, a copy of the order or notice of continuance must be posted immediately following the meeting. 15 Notice requirements for emergency meetings
The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.
16 News media that have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be tried. If telephones are not working, the notice requirements are deemed waived. However, the news media must be notified as soon as possible of the meeting and any action taken.
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News media may make a practice of having written requests on file for notification of special or emergency meetings. Absent such a request, a local agency has no legal obligation to notify news media of special or emergency meetings — although notification may be advisable in any event to avoid controversy.

Notice of compensation for simultaneous or serial meetings A legislative body that has convened a meeting and whose membership constitutes a quorum of another legislative body, may convene a simultaneous or serial meeting of the other legislative body only after a clerk or member of the convened legislative body orally announces: (1)

the
amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the meeting of the other legislative body; and (2) that the compensation or stipend is provided as a result of convening the meeting of that body. 17 No oral disclosure of the amount of the compensation is required if the entire amount of such compensation is prescribed by statute and no additional compensation has been authorized by the local agency. Further, no disclosure is required with respect to reimbursements for actual and necessary expenses incurred in the performance of the member’s official duties, such as for travel, meals, and lodging.

Educational agency meetings
The Education Code contains some special agenda and special meeting provisions.18 However, they are generally consistent with the Brown Act. An item is probably void if not posted.19 A school district board must also adopt regulations to make sure the public can place matters affecting the district’s business on meeting agendas and to address the board on those items. 20 Notice requirements for tax or assessment meetings and hearings The Brown Act prescribes specific procedures for adoption by a city, county, special district, or joint powers authority of any new or increased tax or assessment imposed on businesses.
21 Though written broadly, these Brown Act provisions do not apply to new or increased real property taxes or assessments as those are governed by the California Constitution, Article XIIIC or XIIID, enacted by Proposition 218. At least one public meeting must be held to allow public testimony on the tax or assessment. In addition, there must also be at least 45 days notice of a public hearing at which the legislative body proposes to enact or increase the tax or assessment. Notice of the public meeting and public hearing must be provided at the same time and in the same document. The public notice relating to general taxes must be provided by newspaper publication. The public notice relating to new or increased business assessments must be provided through a mailing to all business owners proposed to be subject to the new or increased assessment. The agency may recover the reasonable costs of the public meetings, hearings, and notice.

The Brown Act exempts certain fees, standby or availability charges, recurring assessments, and new or increased assessments that are subject to the notice and hearing requirements of the Constitution.
22 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act.
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CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Non-agenda items
The Brown Act generally prohibits any action or discussion of items not on the posted agenda.

However, there are three specific situations in which a legislative body can act on an item not on the agenda:
23 When a majority decides there is an “emergency situation” (as defined for emergency meetings);
When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline; or When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.

The exceptions are narrow, as indicated by this list. The first two require a specific determination by the legislative body. That determination can be challenged in court and, if unsubstantiated, can lead to invalidation of an action.
“I’d like a two-thirds vote of the board, so we can go ahead and authorize commencement of phase two of the East Area Project,” said Chair Lopez. “It’s not on the agenda. But we learned two days ago that we finished phase one ahead of schedule — believe it or not — and I’d like to keep it that way. Do I hear a motion?”
T
he desire to stay ahead of schedule generally would not satisfy “a need for immediate action.” Too casual an action could invite a court challenge by a disgruntled resident.

The prudent course is to place an item on the agenda for the next meeting and not risk invalidation.
“We learned this morning of an opportunity for a state grant,” said the chief engineer at the regular board meeting, “but our application has to be submitted in two days. We’d like the board to give us the go ahead tonight, even though it’s not on the agenda.”
A legitimate immediate need can be acted upon e
ven though not on the posted agenda by
following a two-step process:
First, make two determinations: 1) that there is an immediate need to take action, and 2) that the need arose after the posting of the agenda. The matter is then placed on the agenda.
Second, discuss and act on the added agenda item.

Responding to the public
The public can talk about anything within the jurisdiction of the legislative body, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda?
PRACTICE TIP: Subject to very
limited exceptions, the Brown
Act prohibits any action or
discussion of an item not on the
posted agenda.
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While the Brown Act does not allow discussion or action on items not on the agenda, it does allow members of the legislative body, or its staff, to “briefly respond” to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda. In addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back, request to place a matter on the agenda for a subsequent meeting (subject to the body’s rules or procedures), ask a question for clarification, make a brief announcement, or briefly report on his or her own activities.
24 However, caution should be used to avoid any
discussion or action on such items.

Council Member Jefferson:

I would like staff to respond to
Resident Joe’s complaints during public comment about the repaving project on Elm Street — are there problems with this project?
City Manager Frank:

The public works director has prepared a 45-minute power point presentation for you on the status of this project and will give it right now.

Council Member Brown:

Take all the time you need; we need to get to the
bottom of this. Our residents are unhappy.

It is c
lear from this dialogue that the Elm Street project was not on the council’s agenda, but was raised during the public comment period for items not on the agenda. Council Member A properly asked staff to respond; the city manager should have given at most a brief response. If a lengthy report from the public works director was warranted, the city manager should have stated that it would be placed on the agenda for the next meeting.

Otherwise, both the long report and the likely discussion afterward will improperly embroil the council in a matter that is not listed on the agenda.

The right to attend and observe meetings
A number of Brown Act provisions protect the public’s right to attend, observe, and participate in meetings.

Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting.

Any attendance list, questionnaire, or similar document posted at or near the entrance to the meeting room or circulated at a meeting must clearly state that its completion is voluntary and that all persons may attend whether or not they fill it out. 25 No meeting can be held in a facility that prohibits attendance based on race, religion, color, national origin, ethnic group identification, age, sex, sexual orientation, or disability, or that is inaccessible to the disabled. Nor can a meeting be held where the public must make a payment or purchase in order to be present.
26 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.27 While a legislative body may use teleconferencing in connection with a meeting, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location. 28 115
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CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Action by secret ballot, whether preliminary or final, is flatly prohibited.29 All actions taken by the legislative body in open session, and the vote of each member thereon, must be disclosed to the public at the time the action is taken.30 Q: The agenda calls for election of the legislative body’ s officers. Members of the legislative body want to cast unsigned written ballots that would be tallied by the clerk, who would announce the results. Is this voting process permissible? A: No . The possibility that a public vote might cause hurt feelings among members of the legislative body or might be awkward — or even counterproductive — does not justify a secret ballot.

The legislative body may remove persons from a meeting who willfully interrupt proceedings. 31 Ejection is justified only when audience members actually disrupt the proceedings.32 If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may establish a procedure to re-admit an individual or individuals not responsible for the disturbance.
33 Records and recordings
The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. Except for privileged documents, those materials are public records and must be made available upon request without delay.
34 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.35 Q: In connection with an upcoming hearing on a discretionary use permit, counsel for the legislative body transmits a memorandum to all members of the body outlining the litigation risks in granting or denying the permit. Must this memorandum be included in the packet of agenda materials available to the public? A: No . The memorandum is a privileged attorney-client communication.

Q: In connection with an agenda item calling for the legislative body to approve a contr act, staff submits to all members of the body a financial analysis explaining why the terms of the contract favor the local agency. Must this memorandum be included in the packet of agenda materials available to the public?
A. Y es. The memorandum has been distributed to the majority of the legislative body, relates to the subject matter of a meeting, and is not a privileged communication. 116
37 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
A legislative body may discuss or act on some matters without considering written materials. But if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. A non-exempt or otherwise privileged writing distributed to a majority of the legislative body less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose; and the agendas for all meetings of the legislative body must include the address of this office or location.
36 A writing distributed during a meeting must be
made public:
At the meeting if prepared by the local agency or a member of its legislative body; or
After the meeting if prepared by some other person.37 Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency is subject to the California Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording is to be provided without charge on a video or tape player made available by the local agency.
38 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.39
In addition, the public is specifically allowed to use audio or video tape recorders or still or motion picture cameras at a meeting to record the proceedings, absent a reasonable finding by the legislative body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.
40 Similarly, a legislative body cannot prohibit or restrict the public broadcast of its open and public meetings without making a reasonable finding that the noise, illumination, or obstruction of view would persistently disrupt the proceedings.
41 The public’s place on the agenda
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. Further, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.
42 Q. Must the legislative body allow members of the public to show videos or make a power point presentation during the public comment part of the agenda, as long as the subject
matter is relevant to the agency and is within the established time limit? A. Pr obably, although the agency is under no obligation to provide equipment.

Moreover, the legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself. But the Brown Act provides no immunity for defamatory statements.
43 PRACTICE TIP: Public speakers
cannot be compelled to give
their name or address as a
condition of speaking. The clerk
or presiding officer may request
speakers to complete a speaker
card or identify themselves for
the record, but must respect a
speaker’s desire for anonymity.
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CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Q. May the presiding officer prohibit a member of the audience from publicly criticizing an agency employee by name during public comments?
A. No , as long as the criticism pertains to job performance.

Q. During the public comment period of a regular meeting of the legislative body, a resident urges the public to support and vote for a candidate vying for election to the body. May the presiding officer gavel the speaker out of order for engaging in political campaign speech?
A. There is no case law on this subject. Some would argue that campaign issues are outside the subject matter jurisdiction of the body within the meaning of Section 54954.3(a).

Others take the view that the speech must be allowed under paragraph (c) of that section because it is relevant to the governing of the agency and an implicit criticism of the incumbents.

The legislative body may adopt reasonable regulations, including time limits, on public comments. Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter. 44 The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the legislative body at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed.
45 Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.
46 Endnotes:
1 C alifornia Government Code section 54954.2(a)(1)
2 78 O
ps.Cal.Atty.Gen. 327 (1995)
3 88 O
ps.Cal.Atty.Gen. 218 (2005)
4 C
alifornia Government Code sections 54954.2(a)(1) and 54954.2(d) 5 C
alifornia Government Code section 54960.1(d)(1)
6 ___ O
ps.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262
7 N
orth Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432 8 ___ O
ps.Cal.Atty.Gen.___, No. 14-1204 (January 19, 2016) 16 Cal. Daily Op. Serv. 937 (Cal.A.G.), 2016 WL 375262, Slip Op. at p. 8
9 C
alifornia Government Code section 54954.2(a)(1)
10 San J
oaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of CEQA action (mitigated negative declaration) without specifically listing it on the agenda violates Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis.)
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39 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
11 C alifornia Government Code section 54954.1
12 C
alifornia Government Code sections 54956(a) and (c)
13 C
alifornia Government Code section 54955
14 C
alifornia Government Code section 54954.2(b)(3)
15 C
alifornia Government Code section 54955.1
16 C
alifornia Government Code section 54956.5
17 C
alifornia Government Code section 54952.3
18 Ed
ucation Code sections 35144, 35145 and 72129
19 Car
lson v. Paradise Unified School District (1971) 18 Cal.App.3d 196 20 C
alifornia Education Code section 35145.5
21 C
alifornia Government Code section 54954.6
22 S
ee Cal.Const.Art.XIIIC, XIIID and California Government Code section 54954.6(h) 23 C
alifornia Government Code section 54954.2(b)
24 C
alifornia Government Code section 54954.2(a)(2)
25 C
alifornia Government Code section 54953.3
26 C
alifornia Government Code section 54961(a); California Government Code section 11135(a) 27 C
alifornia Government Code section 54952.2(c)(2)
28 C
alifornia Government Code section 54953(b)
29 C
alifornia Government Code section 54953(c)
30 C
alifornia Government Code section 54953(c)(2)
31 C
alifornia Government Code section 54957.9.
32 N
orse v. City of Santa Cruz (9th Cir. 2010) 629 F.3d 966 (silent and momentary Nazi salute directed towards mayor is not a disruption); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 (city council may not prohibit “insolent” remarks by members of the public absent actual disruption). 33 C
alifornia Government Code section 54957.9
34 C
alifornia Government Code section 54957.5
35 C
alifornia Government Code section 54957.5(d)
36 C
alifornia Government Code section 54957.5(b)
37 C
alifornia Government Code section 54957.5(c)
38 C
alifornia Government Code section 54953.5(b)
39 C
alifornia Government Code section 54957.5(d)
40 C
alifornia Government Code section 54953.5(a)
41 C
alifornia Government Code section 54953.6
42 C
alifornia Government Code section 54954.3(a)
43 C
alifornia Government Code section 54954.3(c)
44 C
alifornia Government Code section 54954.3(b); Chaffee v. San Francisco Public Library Com. (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)
45 C
alifornia Government Code section 54954.3(a)
46 C
alifornia Government Code section 54954.3(a)
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
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41 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 41 OPEN & PUBL iC V: A GUIDE TO THE RALPH M. BROWN ACT
Chapter 5

CLOSED SESSIONS
Agendas and reports

......................................................................................................... 42 Litigation

............................................................................................................................ 43 Real estate negotiations

................................................................................................... 45 Public employment

........................................................................................................... 46 Labor negotiations

............................................................................................................ 47 Labor negotiations — school and community college districts ....................................... 48 Other Education Code exceptions

.................................................................................... 48 Joint Powers Authorities

................................................................................................... 48 License applicants with criminal records

......................................................................... 49 Public security

................................................................................................................... 49 Multijurisdictional law enforcement agency

.................................................................... 49 Hospital peer review and trade secrets

........................................................................... 49 Other legislative bases for closed session

....................................................................... 50 Who may attend closed sessions

..................................................................................... 50 The confidentiality of closed session discussions

............................................................ 50 121
42 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session is a meeting of a legislative body conducted in private without the attendance of the public or press. A legislative body is authorized to meet in closed session only to the extent expressly authorized by the Brown Act.1
As summarized in Chapter 1 of this Guide, it is clear that the Brown Act must be interpreted liberally in favor of open meetings, and exceptions that limit public access (including the exceptions for closed session meetings) must be narrowly construed.
2 The most common purposes of the closed
session provisions in the Brown Act are to avoid revealing confidential information (e.g., prejudicing the city’s position in litigation or compromising the privacy interests of employees).

Closed sessions should be conducted keeping those narrow purposes in mind. It is not enough that a subject is sensitive, embarrassing, or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public. As an example, a board of police commissioners cannot meet in closed session to provide general policy guidance to a police chief, even though some matters are sensitive and the commission considers their disclosure contrary to the public interest.
3 In this chapter, the grounds for convening a closed session are called “exceptions” because they are exceptions to the general rule that meetings must be conducted openly. In some circumstances, none of the closed session exceptions apply to an issue or information the legislative body wishes to discuss privately. In these cases, it is not proper to convene a closed session, even to protect confidential information. For example, although the Brown Act does authorize closed sessions related to specified types of contracts (e.g., specified provisions of real property agreements, employee labor agreements, and litigation settlement agreements), 4 the
Brown Act does not authorize closed sessions for other contract negotiations.

Agendas and reports
Closed session items must be briefly described on the posted agenda and the description must state the specific statutory exemption.
5 An item that appears on the open meeting portion of the agenda may not be taken into closed session until it has been properly agendized as a closed session item or unless it is properly added as a closed session item by a two-thirds vote of the body after making the appropriate urgency findings.
6 The Brown Act supplies a series of fill in the blank sample agenda descriptions for various types of authorized closed sessions, which provide a “safe harbor” from legal attacks. These sample Chapter 5

CLOSED SESSIONS
PRACTICE TIP: Some problems
over closed sessions arise
because secrecy itself breeds
distrust. The Brown Act does
not require closed sessions and
legislative bodies may do well
to resist the tendency to call a
closed session simply because
it may be permitted. A better
practice is to go into closed
session only when necessary.
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agenda descriptions cover license and permit determinations, real property negotiations, existing or anticipated litigation, liability claims, threats to security, public employee appointments, evaluations and discipline, labor negotiations, multi-jurisdictional law enforcement cases, hospital boards of directors, medical quality assurance committees, joint powers agencies, and audits by the California State Auditor’s Office.
7 If the legislative body intends to convene in closed session, it must include the section of the Brown Act authorizing the closed session in advance on the agenda and it must make a public announcement prior to the closed session discussion. In most cases, the announcement may simply be a reference to the agenda item.
8 Following a closed session, the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report varies according to the reason for the closed session and the action taken. 9 The announcements
may be made at the site of the closed session, so long as the public is allowed to be present to hear them.

If there is a standing or written request for documentation, any copies of contracts, settlement agreements, or other documents finally approved or adopted in closed session must be provided to the requestor(s) after the closed session, if final approval of such documents does not rest with any other party to the contract or settlement. If substantive amendments to a contract or settlement agreement approved by all parties requires retyping, such documents may be held until retyping is completed during normal business hours, but the substance of the changes must be summarized for any person inquiring about them.
10 The Brown Act does not require minutes, including minutes of closed sessions. However, a legislative body may adopt an ordinance or resolution to authorize a confidential “minute book” be kept to record actions taken at closed sessions.
11 If one is kept, it must be made available
to members of the legislative body, provided that the member asking to review minutes of a particular meeting was not disqualified from attending the meeting due to a conflict of interest. 12 A
court may order the disclosure of minute books for the court’s review if a lawsuit makes sufficient claims of an open meeting violation.

Litigation
There is an attorney/client relationship, and legal counsel may use it to protect the confidentiality of privileged written and oral communications to members of the legislative body — outside of meetings. But protection of the attorney/client privilege cannot by itself be the reason for a closed session.
13 The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation. The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. The essential thing to know is that a closed session can be held by the body to confer with, or receive advice from, its legal counsel when open discussion would prejudice the position of the local agency in litigation in which the agency is, or could become, a party.
14 The litigation exception under the Brown Act is narrowly construed and does not permit activities beyond a legislative body’s conferring with its own legal counsel and required support staff.
15 For example, it is not permissible to hold a closed session in which settlement negotiations take place between a legislative body, a representative of an adverse party, and a mediator.16 PRACTICE TIP: Pay close
attention to closed session
agenda descriptions. Using
the wrong label can lead
to invalidation of an action
taken in closed session if not
substantially compliant.
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CHAPTER 5: CLOSED SESSIONS
The California Attorney General has opined that if the agency’s attorney is not a participant, a litigation closed session cannot be held.17 In any event, local agency officials should always consult the agency’s attorney before placing this type of closed session on the agenda in order to be certain that it is being done properly.

Before holding a closed session under the pending litigation exception, the legislative body must publicly state the basis for the closed session by identifying one of the following three types of matters: existing litigation, anticipated exposure to litigation, or anticipated initiation of litigation. 18 Existing litigation
Q. May the legislative body agree to settle a lawsuit in a properly-noticed closed session, without placing the settlement agreement on an open session agenda for public approval? A. Y es, but the settlement agreement is a public document and must be disclosed on request. Furthermore, a settlement agreement cannot commit the agency to matters that are required to have public hearings.

Existing litigation includes any adjudicatory proceedings before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. The clearest situation in which a closed session is authorized is when the local agency meets with its legal counsel to discuss a pending matter that has been filed in a court or with an administrative agency and names the local agency as a party. The legislative body may meet under these circumstances to receive updates on the case from attorneys, participate in developing strategy as the case develops, or consider alternatives for resolution of the case. Generally, an agreement to settle litigation may be approved in closed session. However, an agreement to settle litigation cannot be approved in closed session if it commits the city to take an action that is required to have a public hearing.
19 Anticipated exposure to litigation against the
local

agency
Closed sessions are authorized for legal counsel to inform the legislative body of a significant exposure to litigation against the local agency, but only if based on “existing facts and circumstances” as defined by the Brown Act.
20 The legislative
body may also meet under this exception to determine whether a closed session is authorized based on information provided by legal counsel or staff. In general, the “existing facts and circumstances” must be publicly disclosed unless they are privileged written communications or not yet known to a potential plaintiff.

Anticipated initiation of litigation by the local agency A closed session may be held under the exception for the anticipated initiation of litigation when the legislative body seeks legal advice on whether to protect the agency’s rights and interests by initiating litigation.

Certain actions must be reported in open session at the same meeting following the closed 124
45 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
session. Other actions, as where final approval rests with another party or the court, may be announced when they become final and upon inquiry of any person.
21 Each agency attorney should be aware
of and make the disclosures that are required by the particular circumstances.

Real estate negotiations
A legislative body may meet in closed session with its negotiator to discuss the purchase, sale, exchange, or lease of real property by or for the local agency. A “lease” includes a lease renewal or renegotiation. The purpose is to grant authority to the legislative body’s negotiator on price and terms of payment.
22 Caution
should be exercised to limit discussion to price and terms of payment without straying to other related issues such as site design, architecture, or other aspects of the project for which the transaction is contemplated.
23 Q. May other terms of a real estate transaction, aside from price and terms of payment, be

addressed in closed session?
A. No. However, there are differing opinions over the scope of the phrase “price and terms of payment” in connection with real estate closed sessions. Many agency attorneys argue that any term that directly affects the economic value of the transaction falls within the ambit of “price and terms of payment.” Others take a narrower, more literal view of the phrase.

The agency’s negotiator may be a member of the legislative body itself. Prior to the closed session, or on the agenda, the legislative body must identify its negotiators, the real property that the negotiations may concern
24 and the names of the parties with whom its negotiator may negotiate.25 After real estate negotiations are concluded, the approval and substance of the agreement must be publicly reported. If its own approval makes the agreement final, the body must report in open session at the public meeting during which the closed session is held. If final approval rests with another party, the local agency must report the approval and the substance of the agreement upon inquiry by any person, as soon as the agency is informed of it. 26 “Our population is exploding, and we have to think about new school sites,” said Board Member Jefferson.
“Not only that,
” interjected Board Member Tanaka, “we need to get rid of a couple of our older facilities.”
“Well, obviously the place to do that is in a closed session,” said Board Member O’Reilly. “Otherwise we’re going to set off land speculation. And if we even mention closing a school, parents are going to be in an uproar.” A c
losed session to discuss potential sites is not authorized by the Brown Act. The exception is limited to meeting with its negotiator over specific sites — which must be identified at an open and public meeting.
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CHAPTER 5: CLOSED SESSIONS
Public employment
The Brown Act authorizes a closed session “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee.”
27 The purpose of this exception — commonly referred to as the “personnel exception” — is to avoid undue publicity or embarrassment for an employee or applicant for employment and to allow full and candid discussion by the legislative body; thus, it is restricted to discussing individuals, not general personnel policies. 28 The body must possess
the power to appoint, evaluate, or dismiss the employee to hold a closed session under this exception.
29 That authority may be delegated to a subsidiary appointed body.30 An employee must be given at least 24 hours notice of any closed session convened to hear specific complaints or charges against him or her. This occurs when the legislative body is reviewing evidence, which could include live testimony, and adjudicating conflicting testimony offered as evidence. A legislative body may examine (or exclude) witnesses, 31 and the California
Attorney General has opined that, when an affected employee and advocate have an official or essential role to play, they may be permitted to participate in the closed session. 32 The employee
has the right to have the specific complaints and charges discussed in a public session rather than closed session.
33 If the employee is not given the 24-hour prior notice, any disciplinary action is null and void.34
However, an employee is not entitled to notice and a hearing where the purpose of the closed session is to consider a performance evaluation. The Attorney General and the courts have determined that personnel performance evaluations do not constitute complaints and charges, which are more akin to accusations made against a person. 35 Q. Must 24 hours notice be given to an employee whose negative performance evaluation is to be considered by the legislative body in closed session? A. No, the notice is reserved for situations where the body is to hear complaints and charges from witnesses.

Correct labeling of the closed session on the agenda is critical. A closed session agenda that identified discussion of an employment contract was not sufficient to allow dismissal of an employee.
36 An incorrect agenda description can result in invalidation of an action and much embarrassment.

For purposes of the personnel exception, “employee” specifically includes an officer or an independent contractor who functions as an officer or an employee. Examples of the former include a city manager, district general manager or superintendent. Examples of the latter Include a legal counsel or engineer hired on contract to act as local agency attorney or chief engineer.

Elected officials, appointees to the governing body or subsidiary bodies, and independent contractors other than those discussed above are not employees for purposes of the personnel exception.
37 Action on individuals who are not “employees” must also be public — including discussing and voting on appointees to committees, or debating the merits of independent contractors, or considering a complaint against a member of the legislative body itself.

PRACTICE TIP: Discussions of
who to appoint to an advisory
body and whether or not to
censure a fellow member of
the legislative body must be
held in the open.
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The personnel exception specifically prohibits discussion or action on proposed compensation in closed session, except for a disciplinary reduction in pay. Among other things, that means there can be no personnel closed sessions on a salary change (other than a disciplinary reduction) between any unrepresented individual and the legislative body. However, a legislative body may address the compensation of an unrepresented individual, such as a city manager, in a closed session as part of a labor negotiation (discussed later in this chapter), yet another example of the importance of using correct agenda descriptions.

Reclassification of a job must be public, but an employee’s ability to fill that job may be considered in closed session.

Any closed session action to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee must be reported at the public meeting during which the closed session is held. That report must identify the title of the position, but not the names of all persons considered for an employment position. 38 However, a report on a dismissal or
non-renewal of an employment contract must be deferred until administrative remedies, if any, are exhausted.
39 “I have some important news to announce,” said Mayor Garcia. “We’ve decided to terminate the contract of the city manager, effective immediately.

The council has met in closed session and we’ve negotiated six months severance pay.”
“Unfortunately, that has some serious budget consequences, so we’ve had to delay phase two of the East Area Project.”
T
his may be an improper use of the personnel closed session if the council agenda described the item as the city manager’s evaluation. In addition, other than labor negotiations, any action on individual compensation must be taken in open session.

Caution should be exercised to not discuss in closed session issues, such as budget impacts in this hypothetical, beyond the scope of the posted closed session notice.

Labor negotiations
The Brown Act allows closed sessions for some aspects of labor negotiations. Different provisions (discussed below) apply to school and community college districts.

A legislative body may meet in closed session to instruct its bargaining representatives, which may be one or more of its members,
40 on employee salaries and fringe benefits for both represented (“union”) and non-represented employees. For represented employees, it may also consider working conditions that by law require negotiation. For the purpose of labor negotiation closed sessions, an “employee” includes an officer or an independent contractor who functions as an officer or an employee, but independent contractors who do not serve in the capacity of an officer or employee are not covered by this closed session exception. 41 These closed sessions may take place before or during negotiations with employee representatives. Prior to the closed session, the legislative body must hold an open and public session in which it identifies its designated representatives.

PRACTICE TIP: The personnel
exception specifically prohibits
discussion or action on
proposed compensation in
closed session except for a
disciplinary reduction in pay.
127
48 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
During its discussions with representatives on salaries and fringe benefits, the legislative body may also discuss available funds and funding priorities, but only to instruct its representative. The body may also meet in closed session with a conciliator who has intervened in negotiations .42
The approval of an agreement concluding labor negotiations with represented employees must be reported after the agreement is final and has been accepted or ratified by the other party. The report must identify the item approved and the other party or parties to the negotiation. 43 The
labor closed sessions specifically cannot include final action on proposed compensation of one or more unrepresented employees.

Labor negotiations — school and community college districts Employee relations for school districts and community college districts are governed by the Rodda Act, where different meeting and special notice provisions apply. The entire board, for example, may negotiate in closed sessions.

Four types of meetings are exempted from compliance with the Rodda Act:

1. A negotiating session with a recognized or certified employee organization; 2 .

A meeting of a mediator with either side;
3 .

A hearing or meeting held by a fact finder or arbitr
ator; and

4. A session between the board and its bargaining agent, or the board alone, to discuss its
position regarding employee working conditions and instruct its agent.44 Public participation under the Rodda Act also takes another form.45 All initial proposals of both sides must be presented at public meetings and are public records. The public must be given reasonable time to inform itself and to express its views before the district may adopt its initial proposal. In addition, new topics of negotiations must be made public within 24 hours. Any votes on such a topic must be followed within 24 hours by public disclosure of the vote of each member.
46 The final vote must be in public.

Other Education Code exceptions
The Education Code governs student disciplinary meetings by boards of school districts and community college districts. District boards may hold a closed session to consider the suspension or discipline of a student, if a public hearing would reveal personal, disciplinary, or academic information about the student contrary to state and federal pupil privacy law. The student’s parent or guardian may request an open meeting.
47 Community college districts may also hold closed sessions to discuss some student disciplinary matters, awarding of honorary degrees, or gifts from donors who prefer to remain anonymous. 48 Kindergarten through 12th grade districts may also meet in closed session to review the contents of the statewide assessment instrument.
49 Joint Powers Authorities
The legislative body of a joint powers authority may adopt a policy regarding limitations on disclosure of confidential information obtained in closed session, and may meet in closed session to discuss information that is subject to the policy.
50 PRACTICE TIP: Prior to the
closed session, the legislative
body must hold an open
and public session in which
it identifies its designated
representatives.

PRACTICE TIP: Attendance
by the entire legislative body
before a grand jury would not
constitute a closed session
meeting under the Brown Act.
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49 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
License applicants with criminal records
A closed session is permitted when an applicant, who has a criminal record, applies for a license or license renewal and the legislative body wishes to discuss whether the applicant is sufficiently rehabilitated to receive the license. The applicant and the applicant’s attorney are authorized to attend the closed session meeting. If the body decides to deny the license, the applicant may withdraw the application. If the applicant does not withdraw, the body must deny the license in public, immediately or at its next meeting. No information from the closed session can be revealed without consent of the applicant, unless the applicant takes action to challenge the denial. 51 Public security
Legislative bodies may meet in closed session to discuss matters posing a threat to the security of public buildings, essential public services, including water, sewer, gas, or electric service, or to the public’s right of access to public services or facilities over which the legislative body has jurisdiction. Closed session meetings for these purposes must be held with designated security or law enforcement officials including the Governor, Attorney General, district attorney, agency attorney, sheriff or chief of police, or their deputies or agency security consultant or security operations manager.
52 Action taken in closed session with respect to
such public security issues is not reportable action.

Multijurisdictional law enforcement agency
A joint powers agency formed to provide law enforcement services (involving drugs; gangs; sex crimes; firearms trafficking; felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft) to multiple jurisdictions may hold closed sessions to discuss case records of an on-going criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. 53 The exception applies to the legislative body of the joint powers agency and to any body advisory to it. The purpose is to prevent impairment of investigations, to protect witnesses and informants, and to permit discussion of effective courses of action. 54 Hospital peer review and trade secrets
Two specific kinds of closed sessions are allowed for district hospitals and municipal hospitals, under other provisions of law.
55 1. A meeting to hear reports of hospital medical audit or quality assur ance committees, or for related deliberations. However, an applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing.

2. A meeting to discuss
“reports involving trade secrets” — provided no action is taken.

A “trade secret” is defined as information which is not generally known to the public or competitors and which: 1) “derives independent economic value, actual or potential” by virtue of its restricted knowledge; 2) is necessary to initiate a new hospital service or program or facility; and 3) would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit.

The provision prohibits use of closed sessions to discuss transitions in ownership or management, or the district’s dissolution.
56 129
50 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
Other legislative bases for closed session
Since any closed session meeting of a legislative body must be authorized by the Legislature, it is important to carefully review the Brown Act to determine if there is a provision that authorizes a closed session for a particular subject matter. There are some less frequently encountered topics that are authorized to be discussed by a legislative body in closed session under the Brown Act, including: a response to a confidential final draft audit report from the Bureau of State Audits, 57 consideration of the purchase or sale of particular pension fund investments by a legislative body of a local agency that invests pension funds,
58 hearing a charge or complaint from a member enrolled in a health plan by a legislative body of a local agency that provides Medi-Cal services,
59 discussions by a county board of supervisors that
governs a health plan licensed pursuant to the Knox-Keene Health Care Services Plan Act related to trade secrets or contract negotiations concerning rates of payment,
60 and discussions by an insurance pooling joint powers agency related to a claim filed against, or liability of, the agency or a member of the agency.61 Who may attend closed sessions
Meetings of a legislative body are either fully open or fully closed; there is nothing in between.

Therefore, local agency officials and employees must pay particular attention to the authorized attendees for the particular type of closed session. As summarized above, the authorized attendees may differ based on the topic of the closed session. Closed sessions may involve only the members of the legislative body and only agency counsel, management and support staff, and consultants necessary for consideration of the matter that is the subject of closed session, with very limited exceptions for adversaries or witnesses with official roles in particular types of hearings (e.g., personnel disciplinary hearings and license hearings). In any case, individuals who do not have an official role in the closed session subject matters must be excluded from closed sessions.
63 Q. May the lawyer for someone suing the agency attend a closed session in order to explain to the legislative body why it should accept a settlement offer? A. No, attendance in closed sessions is reserved exclusively for the agency’s advisors.

The confidentiality of closed session discussions
The Brown Act explicitly prohibits the unauthorized disclosure of confidential information acquired in a closed session by any person present, and offers various remedies to address breaches of confidentiality.
64 It is incumbent upon all those attending lawful closed sessions to protect the confidentiality of those discussions. One court has held that members of a legislative body cannot be compelled to divulge the content of closed session discussions through the discovery process. 65 Only the legislative body acting as a body may agree to divulge confidential closed session information; regarding attorney/client privileged communications, the entire body is the holder of the privilege and only the entire body can decide to waive the privilege. 66 PRACTICE TIP: Meetings are
either open or closed. There is
nothing “in between.”
62 130
51 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
Before adoption of the Brown Act provision specifically prohibiting disclosure of closed session communications, agency attorneys and the Attorney General long opined that officials have a fiduciary duty to protect the confidentiality of closed session discussions. The Attorney General issued an opinion that it is “improper” for officials to disclose information received during a closed session regarding pending litigation,
67 though the Attorney General has also concluded that a local agency is preempted from adopting an ordinance criminalizing public disclosure of closed session discussions.
68 In any event, in 2002, the Brown Act was amended to prescribe particular remedies for breaches of confidentiality. These remedies include injunctive relief; and, if the breach is a willful disclosure of confidential information, the remedies include disciplinary action against an employee, and referral of a member of the legislative body to the grand jury. 69 The duty of maintaining confidentiality, of course, must give way to the responsibility to disclose improper matters or discussions that may come up in closed sessions. In recognition of this public policy, under the Brown Act, a local agency may not penalize a disclosure of information learned during a closed session if the disclosure: 1) is made in confidence to the district attorney or the grand jury due to a perceived violation of law; 2) is an expression of opinion concerning the propriety or legality of actions taken in closed session, including disclosure of the nature and extent of the illegal action; or 3) is information that is not confidential. 70 The interplay between these possible sanctions and an official’s first amendment rights is complex and beyond the scope of this guide. Suffice it to say that this is a matter of great sensitivity and controversy.
“I want the press to know that I voted in closed session against filing the eminent domain action,” said Council Member Chang.
“Don’t settle too soon,” reveals Council Member Watson to the property owner, over coffee. “The city’s offer coming your way is not our bottom line.” T
he first comment to the press may be appropriate if it is a part of an action taken by the City Council in closed session that must be reported publicly.71 The second comment to the property owner is not — disclosure of confidential information acquired in closed session is expressly prohibited and harmful to the agency.

PRACTICE TIP: There is a
strong interest in protecting the
confidentiality of proper and
lawful closed sessions.
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52 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
ENDNOTES:
1 C alifornia Government Code section 54962
2 C
alifornia Constitution, Art. 1, section 3
3 61 O
ps.Cal.Atty.Gen. 220 (1978); but see California Government Code section 54957.8 (multijurisdictional law enforcement agencies are authorized to meet in closed session to discuss the case records of ongoing criminal investigations, and other related matters). 4 C
alifornia Government Code section 54957.1
5 C
alifornia Government Code section 54954.5
6 C
alifornia Government Code section 54954.2
7 C
alifornia Government Code section 54954.5
8 C
alifornia Government Code sections 54956.9 and 54957.7
9 C
alifornia Government Code section 54957.1(a)
10 C
alifornia Government Code section 54957.1(b)
11 C
alifornia Government Code section 54957.2
12 H
amilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal.Code Regs. section 18707 13 R
oberts v. City of Palmdale (1993) 5 Cal.4th 363
14 C
alifornia Government Code section 54956.9; Shapiro v. Board of Directors of Center City Development Corp. (2005) 134 Cal.App.4th 170 (agency must be a party to the litigation). 15 82 O
ps.Cal.Atty.Gen. 29 (1999)
16 P
age v. Miracosta Community College District (2009) 180 Cal.App.4th 471 17 “
The Brown Act, ” California Attorney General (2003), p. 40 18 C
alifornia Government Code section 54956.9(g)
19 T
rancas Property Owners Association v. City of Malibu (2006) 138 Cal.App.4th 172 20 Go
vernment Code section 54956.9(e)
21 C
alifornia Government Code section 54957.1
22 C
alifornia Government Code section 54956.8
23 S
hapiro v. San Diego City Council (2002) 96 Cal.App.4th 904; see also 93 Ops.Cal.Atty.Gen. 51 (2010) (redevelopment agency may not convene a closed session to discuss rehabilitation loan for a property already subleased to a loan recipient, even if the loan Incorporates some of the sublease terms and includes an operating covenant governing the property); 94 Ops.Cal.Atty.Gen. 82 (2011) (real estate closed session may address form, manner and timing of consideration and other items that cannot be disclosed without revealing price and terms).
24 73 O
ps.Cal.Atty.Gen. 1 (1990)
25 C
alifornia Government Code sections 54956.8 and 54954.5(b) 26 C
alifornia Government Code section 54957.1(a)(1)
27 C
alifornia Government Code section 54957(b)
28 63 O
ps.Cal.Atty.Gen. 153 (1980); but see Duvall v. Board of Trustees (2000) 93 Cal.App.4th 902 (board may discuss personnel evaluation criteria, process and other preliminary matters in closed session but only if related to the evaluation of a particular employee). 29 Gil
lespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002)
30 Gil
lespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 80 Ops.Cal.Atty.

Gen. 308 (1997). Interviews of candidates to fill a vacant staff position conducted by a temporary committee appointed by the governing body may be done in closed session. 132
53 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
31 C alifornia Government Code section 54957(b)(3)
32 88 O
ps.Cal.Atty.Gen. 16 (2005)
33 M
orrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860 34 C
alifornia Government Code section 54957(b); but see Bollinger v. San Diego Civil Service Commission (1999) 71 Cal.App.4th 568 (notice not required for closed session deliberations regarding complaints or charges, when there was a public evidentiary hearing prior to closed session). 35 78 O
ps.Cal.Atty.Gen. 218 (1995); Bell v. Vista Unified School District (2000) 82 Cal.App.4th 672; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876; Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87
36 M
oreno v. City of King (2005) 127 Cal.App.4th 17
37 C
alifornia Government Code section 54957
38 Gil
lespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165 39 C
alifornia Government Code section 54957.1(a)(5)
40 C
alifornia Government Code section 54957.6
41 C
alifornia Government Code section 54957.6(b); see also 98 Ops.Cal.Atty.Gen. 41 (2015) (a project labor agreement between a community college district and workers hired by contractors or subcontractors is not a proper subject of closed session for labor negotiations because the workers are not “employees” of the district).
42 C
alifornia Government Code section 54957.6; and 51 Ops.Cal.Atty.Gen. 201 (1968) 43 C
alifornia Government Code section 54957.1(a)(6)
44 C
alifornia Government Code section 3549.1
45 C
alifornia Government Code section 3540
46 C
alifornia Government Code section 3547
47 C
alifornia Education Code section 48918; but see Rim of the World Unified School District v. Superior Court (2003) 104 Cal.App.4th 1393 (Section 48918 preempted by the Federal Family Educational Right and Privacy Act in regard to expulsion proceedings). 48 C
alifornia Education Code section 72122
49 C
alifornia Education Code section 60617
50 C
alifornia Government Code section 54956.96
51 C
alifornia Government Code section 54956.7
52 C
alifornia Government Code section 54957
53 M
cKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime T ask Force (2005) 134 Cal.

App.4th 354
54 C
alifornia Government Code section 54957.8
55 C
alifornia Government Code section 54962
56 C
alifornia Health and Safety Code section 32106
57 C
alifornia Government Code section 54956.75
58 C
alifornia Government Code section 54956.81
59 C
alifornia Government Code section 54956.86
60 C
alifornia Government Code section 54956.87
61 C
alifornia Government Code section 54956.95
62 46 O
ps.Cal.Atty.Gen. 34 (1965)
63 82 O
ps.Cal.Atty.Gen. 29 (1999)
133
54 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
64 Go vernment Code section 54963
65 K
leitman v. Superior Court (1999) 74 Cal.App.4th 324, 327; see also California Government Code section 54963.
66 R
oberts v. City of Palmdale (1993) 5 Cal.4th 363
67 80 O
ps.Cal.Atty.Gen. 231 (1997)
68 76 O
ps.Cal.Atty.Gen. 289 (1993)
69 C
alifornia Government Code section 54963
70 C
alifornia Government Code section 54963
71 C
alifornia Government Code section 54957.1
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
134
55 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT 55 OPEN & PUBL iC V: A GUIDE TO THE RALPH M. BROWN ACT
Chapter 6

REMEDIES
Invalidation

........................................................................................................................ 56 Applicability to Past Actions

............................................................................................. 57 Civil action to prevent future violations

........................................................................... 57 Costs and attorney’s fees

................................................................................................. 58 Criminal complaints

.......................................................................................................... 58 Voluntary resolution

.......................................................................................................... 59 135
56 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
Certain violations of the Brown Act are designated as misdemeanors, although by far the most commonly used enforcement provisions are those that authorize civil actions to invalidate specified actions taken in violation of the Brown Act and to stop or prevent future violations. Still, despite all the safeguards and remedies to enforce them, it is ultimately impossible for the public to monitor every aspect of public officials’ interactions. Compliance ultimately results from regular training and a good measure of self-regulation on the part of public officials. This chapter discusses the remedies available to the public when that self-regulation is ineffective.

Invalidation
Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the ground that they violate the Brown Act. 1 Violations of the Brown Act, however, cannot be invalidated if they involve the following types of actions:
Those taken in substantial compliance with the law. No Brown Act violation is found when the given notice substantially complies with the Brown Act, even when the notice erroneously cites to the wrong Brown Act section, but adequately advises the public that the Board will meet with legal counsel to discuss potential litigation in closed session; 2 Those involving the sale or issuance of notes, bonds or other indebtedness, or any related contracts or agreements;
Those creating a contractual obligation, including a contract awarded by competitive bid for other than compensation for professional services, upon which a party has in good faith relied to its detriment;
Those connected with the collection of any tax; or
Those in which the complaining party had actual notice at least 72 hours prior to the regular meeting or 24 hours prior to the special meeting, as the case may be, at which the action is taken.

Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action and the nature of the claimed violation. This demand must be sent within 90 days of the alleged violation or 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that only properly agendized items are acted on by the governing body during a meeting. 3 The legislative
body then has up to 30 days to cure and correct its action. If it does not act, any lawsuit must be filed within the next 15 days. The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and to weigh its options before litigation is filed.

Chapter 6

REMEDIES
136
57 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
Although just about anyone has standing to bring an action for invalidation,4 the challenger must show prejudice as a result of the alleged violation.5 An action to invalidate fails to state a cause of action against the agency if the body deliberated but did not take an action.6 Applicability to Past Actions
Any interested person, including the district attorney, may file a civil action to determine whether past actions of a legislative body occurring on or after January 1, 2013 constitute violations of the Brown Act and are subject to a mandamus, injunction, or declaratory relief action. 7 Before filing
an action, the interested person must, within nine months of the alleged violation of the Brown Act, submit a “cease and desist” letter to the legislative body, clearly describing the past action and the nature of the alleged violation.
8 The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.9 If the body fails to take any action within the 30-day period or takes an action other than an unconditional commitment, a lawsuit may be filed within 60 days.
10 The legislative body’s unconditional commitment must be approved at a regular or special meeting as a separate item of business and not on the consent calendar. 11 The unconditional commitment
must be substantially in the form set forth in the Brown Act.12 No legal action may thereafter be commenced regarding the past action.13 However, an action of the legislative body in violation of its unconditional commitment constitutes an independent violation of the Brown Act and a legal action consequently may be commenced without following the procedural requirements for challenging past actions.
14 The legislative body may rescind its prior unconditional commitment by a majority vote of its membership at a regular meeting as a separate item of business not on the consent calendar. At least 30 days written notice of the intended rescission must be given to each person to whom the unconditional commitment was made and to the district attorney. Upon rescission, any interested person may commence a legal action regarding the past actions without following the procedural requirements for challenging past actions.
15 Civil action to prevent future violations
The district attorney or any interested person can file a civil action asking the court to:
Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body of a local agency;
Determine the applicability of the Brown Act to actions or threatened future action of the legislative body;
Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law; or
Compel the legislative body to tape record its closed sessions.

PRACTICE TIP: A lawsuit to
invalidate must be preceded by
a demand to cure and correct
the challenged action in order
to give the legislative body
an opportunity to consider its
options. The Brown Act does not
specify how to cure or correct
a violation; the best method
is to rescind the action being
complained of and start over, or
reaffirm the action if the local
agency relied on the action and
rescinding the action would
prejudice the local agency.
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58 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
It is not necessary for a challenger to prove a past pattern or practice of violations by the local agency in order to obtain injunctive relief. A court may presume when issuing an injunction that a single violation will continue in the future where the public agency refuses to admit to the alleged violation or to renounce or curtail the practice. 16 Note,
however, that a court may not compel elected officials to disclose their recollections of what transpired in a closed session.
17 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to tape record its future closed sessions. In a subsequent lawsuit to enforce the Brown Act alleging a violation occurring in closed session, a court may upon motion of the plaintiff review the tapes if there is good cause to think the Brown Act has been violated, and make public the relevant portion of the closed session recording.

Costs and attorney’s fees
Someone who successfully invalidates an action taken in violation of the Brown Act or who successfully enforces one of the Brown Act’s civil remedies may seek court costs and reasonable attorney’s fees. Courts have held that attorney’s fees must be awarded to a successful plaintiff unless special circumstances exist that would make a fee award against the public agency unjust.
18 When evaluating how to respond to assertions that the Brown Act has been violated, elected officials and their lawyers should assume that attorney’s fees will be awarded against the agency if a violation of the Act is proven.

An attorney’s fee award may only be directed against the local agency and not the individual members of the legislative body. If the local agency prevails, it may be awarded court costs and attorney’s fees if the court finds the lawsuit was clearly frivolous and lacking in merit. 19 Criminal complaints
A violation of the Brown Act by a member of the legislative body who acts with the improper intent described below is punishable as a misdemeanor.
20 A criminal violation has two components. The first is that there must be an overt act — a member of a legislative body must attend a meeting at which action is taken in violation of the Brown Act. 21 “Action taken” is not only an actual vote, but also a collective decision, commitment or promise by a majority of the legislative body to make a positive or negative decision. 22 If the meeting involves
mere deliberation without the taking of action, there can be no misdemeanor penalty.

A violation occurs for a tentative as well as final decision.23 In fact, criminal liability is triggered by a member’s participation in a meeting in violation of the Brown Act — not whether that member has voted with the majority or minority, or has voted at all.

The second component of a criminal violation is that action is taken with the intent of a member “to deprive the public of information to which the member knows or has reason to know the public is entitled” by the Brown Act.
24 PRACTICE TIP: Attorney’s
fees will likely be awarded if
a violation of the Brown Act is
proven.
138
59 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
As with other misdemeanors, the filing of a complaint is up to the district attorney. Although criminal prosecutions of the Brown Act are uncommon, district attorneys in some counties aggressively monitor public agencies’ adherence to the requirements of the law.

Some attorneys and district attorneys take the position that a Brown Act violation may be pursued criminally under Government Code section 1222.
25 There is no case law to support this view;
if anything, the existence of an express criminal remedy within the Brown Act would suggest otherwise.
26 Voluntary resolution
Arguments over Brown Act issues often become emotional on all sides. Newspapers trumpet relatively minor violations, unhappy residents fume over an action, and legislative bodies clam up about information better discussed in public. Hard lines are drawn and rational discussion breaks down. The district attorney or even the grand jury occasionally becomes involved. Publicity surrounding alleged violations of the Brown Act can result in a loss of confidence by constituents in the legislative body. There are times when it may be preferable to consider re-noticing and rehearing, rather than litigating, an item of significant public interest, particularly when there is any doubt about whether the open meeting requirements were satisfied.

At bottom, agencies that regularly train their officials and pay close attention to the requirements of the
Brown Act will have little reason to worry about
enforcement.

ENDNOTES:
1 C alifornia Government Code section 54960.1.

Invalidation is limited to actions that violate the
following sections of the Brown Act: section 54953 (the basic open meeting provision); sections 54954.2 and
54954.5 (notice and agenda requirements for regular
meetings and closed sessions); 54954.6 (tax hearings);
54956 (special meetings); and 54596.5 (emergency
situations). Violations of sections not listed above
cannot give rise to invalidation actions, but are subject to the other remedies listed in section 54960.1.
2 Castaic L
ake Water Agency v. Newhall County Water
District (2015) 238 Cal.App.4th 1196, 1198
3 C
alifornia Government Code section 54960.1 (b) and
(c)(1)
4 M
cKee v. Orange Unified School District (2003) 110 Cal.

App.4th 1310, 1318-1319
5 C
ohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561 6 B
oyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118 7 Go
vernment Code Section 54960.2(a); Senate Bill No. 1003, Section 4 (2011-2012 Session) 8 Go
vernment Code Sections 54960.2(a)(1), (2)
9 Go
vernment Code Section 54960.2(b)
139
60 OPEN & PUBLIC V: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
10 Go vernment Code Section 54960.2(a)(4)
11 Go
vernment Code Section 54960.2(c)(2)
12 Go
vernment Code Section 54960.2(c)(1)
13 Go
vernment Code Section 54960.2(c)(3)
14 Go
vernment Code Section 54960.2(d)
15 Go
vernment Code Section 54960.2(e)
16 Calif
ornia Alliance for Utility Safety and Education (CAUSE) v. City of San Diego (1997) 56 Cal.App.4th 1024; Common Cause v. Stirling (1983) 147 Cal.App.3d 518, 524; Accord Shapiro v. San Diego City Council (2002) 96 Cal. App. 4th 904, 916 & fn.6
17 K
leitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36 18 L
os Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal.

App.4th 1313, 1327-29 and cases cited therein
19 C
alifornia Government Code section 54960.5
20 C
alifornia Government Code section 54959. A misdemeanor is punishable by a fine of up to $1,000 or up to six months in county jail, or both. California Penal Code section 19. Employees of the agency who participate in violations of the Brown Act cannot be punished criminally under section 54959.

However, at least one district attorney instituted criminal action against employees based on the theory that they criminally conspired with the members of the legislative body to commit a crime under section 54949.
21 C
alifornia Government Code section 54959
22 C
alifornia Government Code section 54952.6
23 61 O
ps.Cal.Atty.Gen.283 (1978)
24 C
alifornia Government Code section 54959
25 C
alifornia Government Code section 1222 provides that “[e]very wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. ” 26 T
he principle of statutory construction known as expressio unius est exclusio alterius supports the view that section 54959 is the exclusive basis for criminal liability under the Brown Act.

Updates to this publication responding to changes in the Brown Act or new court interpretations are available at www.cacities.org/opengovernment. A current version of the Brown Act may be found at www.leginfo.ca.gov.
140
141
1400 K Street, Suite 400, Sacramento, CA 95814
Phone: (916) 658-8200 | Fax: (916) 658-8240
www.cacities.org | www.cacities.org/events | www.westerncity.com 142

Goleta City CouncilDecember 19, 2023

Goleta City Council
December 19, 2023