Tuesday, March 4, 2025
7:00 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda
March 4, 2025City Council Agenda
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.
PUBLIC PARTICIPATION
How to observe the Meeting:
1. Comcast TV Channel 15
2. Live stream https://hayward.legistar.com/Calendar.aspx
3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:
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https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.
2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.
How to provide live Public Comment during the City Council Meeting:
Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/84339434897?pwd=EtBuasxoFHuP1HbVASDd2DKRmaEU2M.1 Meeting ID: 843 3943 4897
Password: CCm3/4@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 843 3943 4897
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Goldstein
March 4, 2025City Council Agenda
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
PRESENTATION
Proclamation Recognizing March as American Red Cross Month
PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.
March 4, 2025City Council Agenda
CONSENT
Approve the City Council Minutes of the Meeting on February 18, 2025
MIN 25-0281.
Attachments: Attachment I Draft Minutes 2/18/2025
Adopt a Resolution Appointing a City of Hayward
Representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency, and the San Francisco Bay Area Regional Water System Financing Authority
CONS 25-0472.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sherwood Design
Engineers in a Not-To-Exceed Amount of $600,000 for
Preliminary Design Services for the Nature Based Solution Feasibility Study Project at the Water Resource Recovery Facility (WRRF), Project No. 07809 in Fund 612 Sewer
Improvement Fund
CONS 25-0753.
Attachments: Attachment I Staff Report
Attachment II Resolution
LEGISLATIVE BUSINESS
City Commissions: Council Ad Hoc Committee
Recommendations on the Structure, Roles, and Uniform
Operations of City Commissions; and Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the
Community Services Commission, and Finding that the Action is Exempt from CEQA Review (Report from Assistant City
Manager Youngblood, City Attorney Lawson, and City Clerk Lens)
LB 25-0064.
Attachments: Attachment I Staff Report
Attachment II Resolution
Exhibit A Guidance for the Operations of City Commissions Attachment III Ordinance
Attachment IV Redlined Appointed Officials Handbook
Attachment V Sample Commission Welcome Binder
March 4, 2025City Council Agenda
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
ADJOURNMENT
NEXT SPECIAL MEETING, March 8, 2025, 9:00 AM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
March 4, 2025City Council Agenda
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 25-028
DATE: March 4, 2025
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the City Council Minutes of the Meeting on February 18, 2025
RECOMMENDATION
That the City Council approves the City Council meeting minutes of February 18, 2025.
SUMMARY
The City Council held a meeting on February 18, 2025
ATTACHMENTS
Attachment I Draft Minutes of 2/18/2025
CITY OF HAYWARD Printed on 2/27/2025Page 1 of 1
powered by Legistar™
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/81459812366?pwd=YYr9GXwLtXfatgfCmLf2mBbQ8xpZwi.1 Tuesday, February 18, 2025, 7:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 7:10 p.m. in the Council Chambers.
Pledge of Allegiance: Council Member Andrews
ROLL CALL
Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
Absent: NONE
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on February 18, 2025, at 5:30 p.m., with all members present and no public speakers, regarding four items: 1) Conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Rebeca Olvera v. City of Hayward, et al. Alameda County Superior Court Case No. 22CV008594; 2) Conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Ghali et al v. City of Hayward, US District Court, Northern District of California Case 3:25-cv-01116; 3) p ublic employment pursuant to Government Code section 54957(b)(1) regarding City Attorney and City Clerk ; and 4) c onference with legal counsel pursuant to Government Code section 54956.9(d)(2) regarding anticipated litigation, one case.
City Attorney Lawson indicated the City Council discussed Item 1 and unanimously approved, with Council Member Zermeño moving and Council Member Goldstein seconding, settlement of th e personal injury lawsuit , with the City contributing $275,000 and co -defendant contributing $575,000. City Attorney Lawson indicated the City Council discussed Item 2 and took no reportable action. Mayor Salinas indicated that the City Council discussed Item 3 and Item 4 and took no reportable action.
PRESENTATION
Mayor Salinas read a proclamation declaring February 2025 as Black History Month in the City of Hayward. The following community members accepted a proclamation on behalf of their organizations: Phillip Oliver, National Association for the Ad vancement of Colored People (NAACP), Hayward South Alameda County ; Dorothy Dominique, Treasures Unleashed & Hidden Jewels Unleased; Kenneth E. Maxey II, Chief Executive Officer, Urban League of Greater San Francisco Bay Area ; RocQuel Johnson, President, Black Women Organized for Political Action (BWOPA), Hayward South County Chapter; Lonnie Taylor, President, Delta Sigma Theta Sorority, Inc., Hayward-Tri-City Alumnae Chapter; Dr. Candace Cofield, Hayward Unified School District (HUSD) Administrator, Special Assignment for Equity, Anti -Bias, and Anti-Racism Programs; Lindsey Vien, Deputy Director of Library Services, Hayward Public Library 2 | F e b r u a r y 1 8 , 2 0 2 5
Department; Steven Cleveland, Professor, California State University East Bay, Black Excellence Project; and Dr. Anneta Clark, Zeta Phi Beta Sorority Inc., Iota Delta Zeta.
PUBLIC COMMENTS
TJ, with Hayward Concerned Citizens, thanked Communications and Marketing Officer Finnie and the IT team for launching the commission/committee meeting agenda subscription webpage; and encouraged its promotion in the City newsletter.
Carlos Hernandez, artistic administrator and music director of the Youth Orchestra at Bay Philharmonic, invited the community to an Aretha Franklin Tribute concert on March 16, 2025, at Chabot College Center for the Performing Arts and a Beatles Tribute concert on June 22, 2025.
Akeem Brown, representing Associated Students Inc. at California State University East Bay, raised concerns about what is perceived as a ban on Greek housing in Hayward; and requested a discussion to clarify the issue and explore ways to restore Greek life, highlighting its long - standing contributions and economic benefits to the community.
CITY MANAGER’S COMMENTS
There were none.
CONSENT
1. Approve the City Council Minutes of the Meeting on January 21, 2025 MIN 25-013 It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the City Council meeting minutes of January 21, 2025.
2. Approve the City Council Minutes of the Meeting on January 28, 2025 MIN 25-014 It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the City Council meeting minutes of January 28, 2025.
3. Approve the Special City Council Minutes of the Meeting on February 4, 2025 MIN 25- 015
It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the special City Council meeting minutes of February 4, 2025.
4. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Five (5) Three-Year Professional Services Agreements with SNG & Associates, Inc., Substrate Inc., Swinerton Management & Consulting, Twining Inc., and Willdan Engineering for On -Call Construction Inspection Services, from April 1, 2025, to June 30, 2028, in an Amount of $200,000 Annually per Firm, with an Aggregate Not -To-Exceed Amount of $600,000 Annually CONS 25-037
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/81459812366?pwd=YYr9GXwLtXfatgfCmLf2mBbQ8xpZwi.1 Tuesday, February 18, 2025, 7:00 p.m.
Staff report submitted by Public Works Director Ameri , dated February 18, 2025, was filed.
It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-014, “ Resolution Authorizing the City Manager to Negotiate and Execute Five (5) Three Year Professional Services Agreements with S NG & Associates, Inc., Substrate, Inc., Swinerton Management & Consulting, Twining, Inc., And Willdan Engineering for On-Call Construction Inspection Services, from April 1, 2025, to June 30, 2028, in an Amount of $200,000 Annually per Firm, with an Aggregate Not-To-Exceed Amount of $600,000 Annually”
5. Adopt a Resolution Approving Plans and Specifications, and Call for Bids for the Tennyson Road and Winton Avenue Signal Coordination Project, Project No. 05342 CONS 25-038
Staff report submitted by Public Works Director Ameri , dated February 18, 2025, was filed.
It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-015, “Resolution Approving Plans and Specifications and Call for Bids for the Tennyson Road and Winton Avenue Signal Coordination Project, Project No. 05342”
4 | F e b r u a r y 1 8 , 2 0 2 5
6. Adopt a Resolution Awarding a Contract for the Citywide Tree Condition Assessment, Inventory, and Tree Management Software to PlanIt Geo, Inc. in a Not-to-Exceed Amount of $410,000 CONS 25-039
Staff report submitted by Maintenance Services Director Rullman, dated February 18, 2025, was filed.
It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-016, “ Resolution Awarding a Contract for the Citywide Tree Condition Assessment, Inventory, and Tree Management Software to PlanIt Geo, Inc. in a Not-To-Exceed Amount of $410,000”
7. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $100,000 in Grant Funding from the U.S. Department of Energy for Streetlight Conversion to Light Emitting Diodes (LEDs), Project 06935 CONS 25-040
Staff report submitted by Public Works Director Ameri , dated February 18, 2025, was filed.
It was moved by Council Member Andrews, seconded by Council Member Goldstein, and carried unanimously, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-017, “Resolution Authorizing the City Manager to Accept and Appropriate $100,000 in Grant Funding from the U.S. Department of Energy for the Streetlight Conversion to LEDs, Project 06935”
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/81459812366?pwd=YYr9GXwLtXfatgfCmLf2mBbQ8xpZwi.1 Tuesday, February 18, 2025, 7:00 p.m.
PUBLIC HEARING
8. Utility Rate Adjustments: Adopt Resolutions Amending the Master Fee Schedule and Approving the Proposed FY 2026 through FY 2030 Sewer Rates and FY 2026 and FY 2027 Connection Fees, and Finding the Actions are Exempt from CEQA Review (Report from Public Works Director Ameri) PH 25-002
Staff report submitted by Public Works Director Ameri , dated February 18, 2025, was filed.
Public Works Director Ameri announced the item and introduced Principal Consultant with Water Resources Economics Nancy Phan and Management Analyst Trang Nguyen who provided a synopsis of the report; and noted that 42 written protest letters were received by the February 4, 2025, deadline.
Discussion ensued among members of the City Council and City staff and the following clarifications were made: despite vigorous advocacy , including testimony before the San Francisco Bay Regional Water Quality Control Board ( Water Board ) alongside regional agencies, the City had no alternative but to comply with the mandate due to the absence of state or federal funding, with no direct benefit to Hayward beyond meeting environmental regulatory requirements; although the proposed 12% annual increase rate will stabilize to 5% and then 4% after five years, the high borrowing cost (approximately $488 million with about a $33 million annual repayment over 30 years ) precludes any rate reduction until after the repayment period; non-compliance with the mandate (Nutrient Watershed Permit Order No. r2-2024-0013) was explained to potentially result in significant fines and environmental damage, such as enhanced phytoplankton growth causing oxygen depletion and fish kill in the Bay; context was provided on the strict state mandates prompted by environmental concerns, including red tide events and fish die-offs in recent years; residents are most concerned with how the rate increases will impact their daily lives ; and facilities such as the City’s Water Resource Recovery Facility, are built to withstand major earthquakes and elevated above projected sea level rise.
Mayor Salinas opened the public hearing at 8:26 p.m.
Mahen Prasad , a longtime Hayward resident, expressed concerns about the sewer rate structure, particularly how exceeding eight units of metered water usage w ould results in a significant billing increase rather than a prorated charge ; noted that as a retiree on a fixed income, the projected future rate increases would be unaffordable ; and requested access to financial records detailing revenue and expenditures for water and sewer services to better understand how the fees are allocated.
6 | F e b r u a r y 1 8 , 2 0 2 5
Rambo Ramos, a small ranch owner in Hayward, echoed Prasad’s concerns about rising water costs; requested a history of rate increases over the past decade; questioned the availability of discounts for low-income and disabled residents; emphasized the impact of water rate hikes on food production costs; shared that his summer water bills exceeded $900, despite conservation efforts; and urged the City Council to reconsider the increases and requested more information on potential discounts.
Mayor Salinas closed the public hearing at 8:44 p.m.
Council Member Bonilla Jr. praised transparency efforts but raised concerns for residents on fixed incomes; and urged improved communication of discount programs in the notice sent to community members.
In response to Council Member Bonilla Jr.’s request to clarify the tiered fee system, Public Works Director Ameri explained the service charge is less for lower usage (economy/lifeline) but increases for higher consumption (standard).
Council Member Roche suggested improved public education on the tier system and low- income discount programs; and despite concerns, she supported the proposed rate increase, citing no viable alternatives.
In response to Council Member Andrews’ request for clarification about eligibility for assistance programs, Public Works Director Ameri indicated that for sewer service, the economy (5 to 8 units of metered water usage) and lifeline (0 to 4 units of metered water usage) rates are based on water consumption and not income; and for water service there is a program for low-income residents.
Council Member Andrews , serving on the East Bay Dischargers Authority, recommended residents should contact state representatives to express that state requirements are directly impacting residents; and agreed to change the sewer service tier name to remove the connotation to income, through the Council Infrastructure Committee.
In response to Council Member Goldstein’s inquiry about the regulatory scope of service charge increases and available homeowner water efficiency use programs, Public Works Director Ameri noted that increases are occurring nationwide, and highlighted Hayward’s advanced metering system, and rebate program for leak repairs and efficiency upgrades.
Council Member Syrop linked rate hikes to federal funding priorities involving reduced infrastructure investment; noted the cost of not complying with the requirement, would cost the City more; and added that even with the proposed increases, Hayward’s rates remain lower than nearby cities.
It was moved by Mayor Salinas , seconded by Council Member Zermeño, and carried unanimously, to adopt the resolutions.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/81459812366?pwd=YYr9GXwLtXfatgfCmLf2mBbQ8xpZwi.1 Tuesday, February 18, 2025, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 25-018, “Resolution Amending the Master Fee Schedule and Approving Sewer Rates”
Resolution 25-019, “Resolution Amending the Master Fee Schedule and Approving Sewer Connection Fees”
INFORMATIONAL ITEM
9. Informational Report: FY25 Quarter 1 and Quarter 2 Semiannual Capital Improvement Program Progress Report RPT 25-013
Staff report submitted by Public Works Director Ameri , dated February 18, 2025, was filed.
Public Works Director Ameri indicated the item was before the City Council for information only.
Members of the City Council thanked Public Works Director Ameri for the Capital Improvement Program (CIP) report and his knowledge of projects in progress and the following comments were offered: provide an update on the Access Control System project; evaluate adding a flashing crosswalk at Russell Way and 2nd Street near senior housing; evaluate a hazardous intersections at E Street and East Avenue; and review traffic signal timing issues at D Street and Mission Boulevard intersections.
Discussion ensued among members of the City Council and Public Works Director Ameri and the following clarifications were made: Decorative Crosswalks project can be incorporated in downtown improvements, and they can be highlighted for pedestrian safety; Phase III of the South Hayward Youth and Family Center (Stack) project consists of its completion; encourage public engagement in City projects, highlighting their impact on livability; the Hayward Police Department locker room construction would be coming before the City Council for approval of plans and specifications and call for bids; the City has reached an agreement with HARD for La Vista Park bids; pilot projects on Orchard Avenue and Carlos Bee Boulevard are in place to ensure community feedback influenced decisions; the conceptual facility and site design for the Public Safety Center is work in progress ; once the Recycled Water System Master Plan is 8 | F e b r u a r y 1 8 , 2 0 2 5
completed the City will pursue grants for the Recycled Water Phase II project; praised the City’s bike and pedestrian safety efforts but acknowledged resident frustrations over reduced driving lanes; Alternatives to Downtown Loop project’s 2028 target covered only analysis and design, with further funding needed for implementation; the City Council will see incremental changes to the Loop including reduction of lanes and added parking on Mission Boulevard with the goal of smoother traffic flow; the Root Foaming project is in place to control tree growth within a sewer pipeline; and traffic calming measures generated mixed opinions but stressed their role in preventing reckless driving and fatal accidents and urged patience as measures are implemented for safety.
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews announced the Keep Hayward Clean and Green Task Force beautification event on February 22, 2025, at Rancho Arroyo Park.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:11 p.m.
APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-047
DATE: March 4, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Appointing a City of Hayward Representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency, and the San Francisco Bay Area Regional Water System Financing Authority
RECOMMENDATION
That the City Council (Council) adopts a resolution (Attachment II) appointing a City of Hayward (City) representative to the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA), and the San Francisco Bay Area Regional Water System Financing Authority (RFA).
SUMMARY
The City is a member of the BAWSCA and RFA, and is currently represented by Councilmember Angela Andrews, whose term expires on June 30, 2025. Therefore, the Council must appoint a representative to the Board no later than 90 days from the date the vacancy occurs. This report has been prepared for Council to take the necessary action to reappoint Councilmember Andrews to represent the City on the two Boards , effective July 1, 2025, through June 30, 2029.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 2/27/2025Page 1 of 1
powered by Legistar™
DATE: March 4, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Appointing City of Hayward Representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency, and the San Francisco Bay Area Regional Water System Financing Authority
RECOMMENDATION
That the City Council (Council) adopts a resolution (Attachment II) appointing City of Hayward (City) representative to the Board of Directors of the Bay Area Water Supply and Conservation Agency (BAWSCA), and the San Francisco Bay Area Regional Water System Financing Authority (RFA).
SUMMARY
The City is a member of the BAWSCA and RFA, and is currently represented by Councilmember Angela Andrews, whose term expires on June 30, 2025. Therefore, the Council must appoint a representative to the Board no later than 90 days from the date the vacancy occurs. This report has been prepared by the City Council to take the necessary action to reappoint Councilmember Andrews to represent the City on the two Boards, effective July 1, 2025, through June 30, 2029.
BACKGROUND
BAWSCA and the RFA are special districts, comprised of twenty-six member agencies that purchase wholesale water from the San Francisco Public Utilities Commission (SFPUC). Both the agency and authority were formed in 2002 by State legislation, with the City’s membership approved by Council in 2003. BAWSCA and the RFA are governed by a Board of Directors, with appointed representatives from each member agency. The BAWSCA Board of Directors meets bi-monthly at 6:30 p.m., with the RFA Board convening either during, or immediately after. The meetings are held at a location typically on the Peninsula, and not necessarily at the same location each month.
Councilmember Andrews has served as the City’s representative since February 2022, following the resignation of Councilmember Al Mendall who had served as the City’s representative beginning in July 2012 with reappointments effective July 1, 2013, July 1, 2017, and July 1, 2021. It is not required that the Board representative be an elected official; however, staff highly recommends that a Councilmember be appointed.
DISCUSSION
BAWSCA’s primary function is to coordinate and provide regional water supply planning, resource development, and water conservation program services to the wholesale purchasers of water from the SFPUC’s Regional Water System. Among other responsibilities, the Board provides policy direction to the BAWSCA/RFA staff, reviews and approves agency budgets and consultant agreements, reviews wholesale rate calculations and other financial information, monitors water supply negotiations, and the status of Regional Water System Improvement Projects. The RFA was formed to secure financing for water system improvements if the SFPUC is unable to obtain the funding needed. The RFA is currently largely inactive as the SFPUC has been successful in raising the necessary funds.
Both BAWSCA and RFA allow the City to re-appoint its director for an unlimited number of terms or to appoint a new director at the end of each term. Based on her experience in the water and wastewater industry and interest in serving, the Mayor has recommended that the Council re-appoint Councilmember Andrews to the Board of Directors for a second term.
ECONOMIC IMPACT
There are no economic impacts associated with this action.
STRATEGIC ROADMAP
This item is a routine operational matter and does not relate directly to any of the priorities outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
The City currently pays an annual membership fee of over $550,000 to BAWSCA to support BAWSCA/RFA’s budget.
Beginning on July 1, 2025, Board members will receive compensation of $200 per day for attending meetings, with a maximum amount of $800 per month (maximum of four days).
Compensation is paid by BAWSCA, and there are no direct fiscal impacts associated with this action.
SUSTAINABILITY FEATURES
The City’s membership and active participation in BAWSCA and the RFA supports its local water supply and conservation efforts.
PUBLIC CONTACT
There is no additional public contact required for this action.
NEXT STEPS
If approved, staff will notify BAWSCA staff of Council’s action related to the re-appointment of the City representative to the BAWSCA and RFA Boards. The appointment will be effective July 1, 2025, through June 30, 2029.
Prepared by: Conrad Braganza, Water Resources Planner
Cheryl Muñoz, Water Resources Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________________
Dr. Ana M. Alvarez, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member __________
RESOLUTION APPOINTING THE CITY’S REPRESENTATIVE TO THE BOARD OF
DIRECTORS OF THE BAY AREA WATER SUPPLY AND CONSERVATION
AGENCY AND THE SAN FRANCISCO BA Y AREA REGIONAL WATER SYSTEM
FINANCING AUTHORITY
BE IT RESOLVED that the City hereby re-appoints Councilmember Angela Andrews for a second term as the City’s representative to the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Water System Financing Authority effective July 1, 2025, through June 30, 2029.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-075
DATE: March 4, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sherwood Design Engineers in a Not-To-Exceed Amount of $600,000 for Preliminary Design Services for the Nature Based Solution Feasibility Study Project at the Water Resource Recovery Facility (WRRF), Project No. 07809 in Fund 612 Sewer Improvement Fund
RECOMMENDATION
That City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Sherwood Design Engineers (Sherwood) in an amount not to -exceed (NTE) $600,000 for preliminary design services for the Nature Based Solutions Feasibility Study Project at the WRRF, Project No. 07809 in Fund 612 Sewer Improvement Fund.
SUMMARY
The City of Hayward (City), in partnership with the Association of Bay Area Governments (ABAG), applied for and received a grant (agreement number 98T55001) from the United States Environmental Protection Agency (USEPA) for the Hayward Water Pollution Control Facility Multi-Benefit Shoreline Project to further study and begin preliminary design of a horizontal levee and constructed wetland at the western end of the WRRF, in the amount of $600,000. On April 16, 2024 , City Council Resolution No. 24-067 authorized the City Manager to execute a funding agreement, accept $600,000 in USEPA grand funds, and appropriate $600,000 from Fund 612 to the Nature Based Solutions Feasibility Study Project No. 07809 (Project) at the WRRF. This agreement was executed on October 1, 2024.
On November 20, 2024, the City issued a Request for Proposal (RFP #25-018) through the City’s OpenGov procurement portal for a consultant to prepare preliminary design drawings, a permitting study, an operations and maintenance study, and a cost estimate for the Hayward Water Pollution Control Facility Multi-Benefit Shoreline Project that seeks to utilize a nature-based solution (NBS) to wastewater treatment. The project would consist of constructed treatment wetlands and/or a horizontal ecotone levee at the WRRF owned and operated by the City, adjacent to the Hayward Regional Shoreline.
Staff completed an extensive review process of the two proposals submitted by the January 17, 2025 deadline and recommend that Sherwood Design Engineers prepare the NBS preliminary design CITY OF HAYWARD Printed on 2/27/2025Page 1 of 2
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File #:CONS 25-075
deadline and recommend that Sherwood Design Engineers prepare the NBS preliminary design documents. Staff’sevaluation criteria included demonstrated expertise and experience in the design of nature-based solutions for wastewater treatment, project management of a multi-disciplinary team, team cohesion, permitting requirements, and reasonableness of the level of labor effort and overall cost to complete the project.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 2/27/2025Page 2 of 2
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DATE: March 4, 2025
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sherwood Design Engineers in an Amount Not-To- Exceed $600,000 for Preliminary Design Services for the Nature Based Solution Feasibility Study Project at the Water Resource Recovery Facility (WRRF), Project No. 07809 in Fund 612 Sewer Improvement Fund
RECOMMENDATION
That City Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Sherwood Design Engineers (Sherwood) in an amount not to-exceed (NTE) $600,000 for preliminary design services for the Nature Based Solutions Feasibility Study Project at the WRRF, Project No. 07809 in Fund 612 Sewer Improvement Fund.
SUMMARY
The City of Hayward (City), in partnership with the Association of Bay Area Governments (ABAG), applied for and received a grant (agreement number 98T55001) from the United States Environmental Protection Agency (USEPA) for the Hayward Water Pollution Control Facility Multi-Benefit Shoreline Project to further study and begin preliminary design of a horizontal levee and constructed wetland at the western end of the WRRF, in the amount of $600,000. On April 16, 20241, City Council Resolution No. 24-067 authorized the City Manager to execute a funding agreement, accept $600,000 in USEPA grand funds, and appropriate $600,000 from Fund 612 to the Nature Based Solutions Feasibility Study Project No. 07809 (Project) at the WRRF. This agreement was executed on October 1, 2024.
On November 20, 2024, the City issued a Request for Proposal (RFP #25-018) through the City’s OpenGov procurement portal for a consultant to prepare preliminary design drawings, a permitting study, an operations and maintenance study, and a cost estimate for the Hayward Water Pollution Control Facility Multi-Benefit Shoreline Project that seeks to utilize a nature- based solution (NBS) to wastewater treatment. The project would consist of constructed
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6635303&GUID=E15C3971-6BB7-43C0-B855-89794911A013&Options=&Search=
treatment wetlands and/or a horizontal ecotone levee at the WRRF owned and operated by the City, adjacent to the Hayward Regional Shoreline.
Staff completed an extensive review process of the two proposals submitted by the January 17, 2025 deadline and recommend that Sherwood Design Engineers prepare the NBS preliminary design documents. Staff’s evaluation criteria included demonstrated expertise and experience in the design of nature-based solutions for wastewater treatment, project management of a multi-disciplinary team, team cohesion, permitting requirements, and reasonableness of the level of labor effort and overall cost to complete the project.
BACKGROUND
The City owns and operates the WRRF (formerly Water Pollution Control Facility, WPCF), which treats an average flow of approximately eleven million gallons per day (MGD) of wastewater from Hayward residences and businesses prior to discharge to the San Francisco Bay through the East Bay Dischargers Authority (EBDA) effluent conveyance system. For much of the WRRF’s history, a portion of the treatment consisted of oxidation ponds at the west end of the City’s WRRF property. While these ponds are no longer an active part of the treatment process, they are occasionally used to hold excess flows, primarily during wet weather events.
The City is a member of the Hayward Area Shoreline Planning Agency (HASPA), a joint powers agency consisting of representatives from the City of Hayward, East Bay Regional Park District (EBRPD), Hayward Area Recreation and Park District (HARD), and Alameda County Mosquito Abatement District. In February 2021, HASPA completed the Hayward Regional Shoreline Adaptation Master Plan (HRSAMP), which developed multi-benefit strategies for the shoreline, its existing infrastructure, and the surrounding natural habitat to adapt to sea level rise. The HRSAMP identified the site of the former oxidation ponds at the WRRF as a potential location for a freshwater treatment wetland, and its western perimeter as an ideal location for a horizontal levee to protect the WRRF and other local infrastructure from sea level rise.
Treatment wetlands and horizontal levees are both examples of NBS. According to the Federal Emergency Management Agency (FEMA), NBS are defined as sustainable planning, design, environmental management and engineering practices that weave natural features or processes into the built environment to promote adaptation and resilience.
In 2020, EBDA contracted with Environmental Science Associates (ESA) to design a horizontal levee at Oro Loma Marsh, and, as part of that effort, commissioned a study to further investigate the feasibility of implementing NBS at the WRRF site. In addition, as part of the WRRF Improvements - Phase II Project, a technical memorandum was prepared by Brown and Caldwell to further evaluate and confirm the feasibility of constructing a horizontal levee, constructed wetland, or both, at the WRRF former oxidation pond site. These studies also recommended potential next steps to making NBS a reality.
DISCUSSION
In 2022, ABAG applied for a grant from the USEPA’s San Francisco Water Quality Improvement Funds for implementing and monitoring NBS at several bay area locations, including the WRRF’s former oxidation ponds. ABAG was awarded this grant in 2023, which includes $600,000 for the City to prepare preliminary design drawings, an engineer’s cost estimate, an operations & maintenance study, a permitting study, and alternatives analysis.
This work would be performed by consultants and overseen by City staff, with costs reimbursed by USEPA. Staff anticipate that all $600,000 of grant funds will be required to complete the preliminary design. Staff anticipate the cost of constructing the proposed improvements to be in the tens of millions of dollars and would seek grant funding upon completion of the preliminary design effort. The preliminary design effort will also include an opinion of probable construction costs to help the City to determine the extent of grant funding required.
NBS at the WRRF has the potential to offer a range of benefits to both the community and the environment. A horizontal levee could protect nearby facilities from future sea level rise, create an opportunity to expand and protect the Bay Trail, foster wildlife refugia, and provide polishing treatment to a portion of the City’s wastewater flow prior to discharge to the Bay.
Constructed wetlands would contribute additional ecological enhancements while also providing polishing treatment for a larger portion of wastewater flow. This additional treatment could further reduce nutrient loadings to the San Francisco Bay beyond what is already projected to be achieved by the Phase II Improvements project, may become necessary if the Regional Water Quality Control Board further tightens regulations.
FISCAL IMPACT
The City was awarded a total of $600,000 in USEPA grant funds. On April 16, 2024, City Council Resolution No. 24-067 appropriated $600,000 from the Sewer Improvement Fund (Fund 612) to the Nature-Based Solution Feasibility Study Project No. 07809. Upon proof of expenditures, all costs up to $600,000 will be reimbursed through the grant.
This grant requires a City match of $600,000, and this requirement has been completed by the expenses already incurred from the City’s WRRF Phase II Improvements Project No. 07760 in Fund 612 Sewer Improvement Fund. There is no net long-term impact to the City or to the General Fund.
ECONOMIC IMPACT
This item does not provide a direct economic impact to the City, but a horizontal levee, if ultimately implemented in concert with other projects recommended by HASPA, could protect various facilities in Hayward from sea level rise. Facilities likely protected by a horizontal levee at this project site would include the WRRF, and various nearby industrial businesses in the area.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap Priorities to Champion Climate Resilience & Environmental Justice and Invest in Infrastructure.
Champion Climate Resilience & Environmental Justice
Mitigate environmental
and climate impacts, with an emphasis on vulnerable communities
Invest in Infrastructure
Enhance local water supplies and wastewater systems – This project would be an investment in enhancing the City’s wastewater treatment process.
SUSTAINABILITY FEATURES
Overall, the project focuses on designing sustainable, nature-based infrastructure. As part of this effort, the existing oxidation ponds would be converted to a freshwater treatment wetland to provide enhanced treatment of wastewater flow. Additionally, the proposed horizontal levee will offer flood protection, increase resilience against sea level rise, create opportunities to expand and protect the Bay Trail, and serve as a transition zone between aquatic and terrestrial ecosystems,
PUBLIC CONTACT
The project includes a web page2 that is hosted on the City’s website which contains periodic updates. Additionally, a key component of this work will be engaging local stakeholders such as Hayward Area Recreation District, East Bay Regional Parks, Alameda County Mosquito Abatement District, and other local community groups.
NEXT STEPS
If City Council approves this item, staff will prepare and execute a Professional Services Agreement with Sherwood Design Engineers for Nature Based Solutions preliminary design services. The grant expires in December 2026. So as to comply with the funding period of the grant, the City intends to complete all tasks by October 2026.
Prepared by: Steven Wolfe, Associate Civil Engineer
Reviewed by: Kyle Carbert, Principal Utilities Engineer
2 https://stories.opengov.com/haywardca/published/8IWaSDcXh
Recommended by: Alex Ameri, Director of Public Works
Approved by:
___________________________________
Dr. Ana M. Alvarez, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH SHERWOOD DESIGN
ENGINEERS FOR THE PRELIMINARY DESIGN OF NATURE BASED SOLUTIONS AT THE WRRF IN AN AMOUNT NOT-TO-EXCEED $600,000
WHEREAS, the City of Hayward (City) owns and operates the Water Resource Recovery Facility (WRRF); and
WHEREAS, the Hayward Area Shoreline Planning Agency recommended Nature Based Solutions (NBS) such as a horizontal levee and constructed wetlands at the WRRF in the Hayward Regional Shoreline Adaptation Master Plan; and
WHEREAS, the United States Environmental Protection Agency (USEPA) administers the San Francisco Bay Water Quality Improvement Fund (SFBWQIF), which is a competitive grant program to fund projects that protect San Francisco Bay; and
WHEREAS, the City, as a subrecipient to the Association of Bay Area Governments (ABAG), was awarded $600,000 in grant funding through the 2022 SFBWQIF cycle to study and begin preliminary design of NBS at the WRRF; and
WHEREAS, on April 16, 2024, the City passed City Council Resolution No. 24 -067, authorizing the City Manager to execute a funding agreement, accept $600,000 in USEPA grand funds, and appropriate $600,000 from Fund 612 to the Nature Based Solutions Feasibility Study Project No. 07809 at the WRRF; and
WHEREAS, a funding agreement betwe en ABAG and the City of Hayward was executed on October 1, 2024; and
WHEREAS, upon proof of expenditures, all costs up to $600,000 will be reimbursed through the grant; and
WHEREAS, the USEPA grant requires a City match of $600,000, and this requirement has been completed by the expenses already incurred from the City’s WRRF Phase II Improvements Project No. 07760 in Fund 612 Sewer Improvement Fund; and
WHEREAS, on November 20, 2024, the City solicited proposals from qualified engineering consultants to assist the City in the study and preliminary design of nature-based solutions to wastewater treatment at the WRRF; and
ATTACHMENT II
WHEREAS, on January 17, 2025, two (2) valid proposals were received and evaluated, and based on evaluation criteria included in the Request for Proposal 25 -018, Sherwood Design Engineers was ranked the highest with an average score of 94 out of 100.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement with Sherwood Design Engineers, for technical engineering consulting services in an amount not-to-exceed $600,000, in a form to be approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 25-006
DATE: March 4, 2025
TO: Mayor and City Council
FROM: Assistant City Manager, City Attorney, City Clerk
SUBJECT
City Commissions: Council Ad Hoc Committee Recommendations on the Structure, Roles, and Uniform Operations of City Commissions; and Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the Community Services Commission, and Finding that the Action is Exempt from CEQA Review
RECOMMENDATION
That the City Council:
1. Adopts a resolution accepting the report and recommendations of the City Council’s Ad Hoc Committee (Attachment II) which includes the uniform administration of City commissions; updates to the City Council’sAppointed Officials Handbook; and creation of the Clean and Green Commission; and
2. Introduces an ordinance (Attachment III) changing the structure, roles, and operations of the Community Services Commission.
SUMMARY
On April 16, 2024, following a work session on boards and commissions, the Mayor appointed a Council Ad Hoc Committee to review the structure and operations of the City’s appointed bodies. The Committee’sobjective was to recommend changes that improve operational efficiency and ensure that appointed bodies have a clear purpose and a meaningful impact on the community.
The committee, comprising Mayor Pro Temp Roche and City Council members Andrews and Bonilla, Jr., have completed their evaluation and presents the following recommendations. The recommendations seek to ensure alignment with City Council priorities, clarify roles, and enhance the operational effectiveness of the City’s appointed bodies.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 2/27/2025Page 1 of 2
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Attachment II Resolution
Exhibit A Guidance for the Operation of All City Commissions Attachment III Ordinance
Attachment IV Redlined City Council’s Appointed Officials Handbook Attachment V Commission Welcome Binder
CITY OF HAYWARD Printed on 2/27/2025Page 2 of 2
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DATE: March 4, 2025
TO: Mayor and Council
FROM: Assistant City Manager, City Attorney, City Clerk
SUBJECT: City Commissions: City Council Ad Hoc Committee Recommendations on the Structure, Roles, and Uniform Operations of City Commissions; and Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the Community Services Commission, and Finding that the Action is Exempt from CEQA Review
RECOMMENDATION
That the City Council:
1. Adopts a resolution accepting the report and recommendations of the City Council’s Ad Hoc Committee (Attachment II) which includes the uniform administration of City commissions; updates to the Appointed Officials Handbook; and creation of the Clean and Green Commission; and
2. Introduces an ordinance (Attachment III) changing the structure, roles, and operations of the Community Services Commission.
SUMMARY
On April 16, 20241, following a work session on boards and commissions, the Mayor appointed a City Council Ad Hoc Committee to review the structure and operations of the City’s appointed bodies. The Committee’s objective was to recommend changes that improve operational efficiency and ensure that appointed bodies have a clear purpose and a meaningful impact on the community.
The committee, comprising Mayor Pro Temp Roche and City Council members Andrews, and Bonilla, Jr., have completed their evaluation and presents the following recommendations. The recommendations seek to ensure alignment with City Council priorities, clarify roles, and enhance the operational effectiveness of the City’s appointed bodies.
1 City Of Hayward - File #: Ws 24-006
BACKGROUND
In April 2024, the Mayor appointed the City Council Ad Hoc Committee on Commissions and Task Forces to address several identified issues related to the effectiveness and governance of the City’s appointed bodies. These challenges included inconsistencies in the size and meeting frequency of the bodies, difficulties in aligning their work with the City Council’s priorities, and concerns about member participation.
Over time, some bodies have experienced an expansion of responsibilities beyond their original scope. Additionally, as City Council priorities evolve, the nature of the work assigned to these bodies may also shift.
The committee was tasked with providing actio nable recommendations to ensure that the commissions and task forces operate efficiently and are better aligned with the City’s Strategic Roadmap.
DISCUSSION
The City Council Ad Hoc Committee met seven times between June, 2024 and February 2025 to develop a set of comprehensive recommendations for City commissions. Key areas of focus included establishing uniform administration of, and operational guidance for, all commissions, updating the City Council’s Appointed Officials Handbook2, and formalizing the transition of the Hayward Clean and Green Task Force to a formal commission. The committee also reviewed and proposes changes to the structure and responsibilities of the Community Services Commission.
These efforts addressed the size of boards and commissions, commissioner roles and responsibilities, meeting frequency, virtual attendance policies, and performance standards.
Additionally, the committee proposes best practices, streamlining of procedural standards, and alignment of commission operations with the City’s Strategic Roadmap.
Uniform Administration and Guidance for the Operation of City Commissions
The committee recommends establishing uniform administration of, and guidelines for, the structure and operations of City commissions. (EXHIBIT A). These guidelines will address essential areas such as commission organization, meeting protocols, agenda -setting, and related procedural practices, providing a clear framework for how commissions conduct their work; individual commission bylaws would be eliminated.
While the Appointed Officials Handbook covers attendance and performance standards, these new guidelines will specifically outline consistent practices for running meetings, setting agendas, and organizing committees. By establishing these standards, the City aims to create an
2 City Council’s Appointed Officials Handbook
www.hayward-ca.gov/sites/default/files/pdf/Appointed-Officials-Handbook%20Final.pdf
organized, efficient structure that supports clear communication and effective decision-making across all commissions.
Recommended Changes to the City Council’s Appointed Officials Handbook
Updates to the City Council’s Appointed Officials Handbook apply to all commissions under the City Council’s oversight, ensuring a consistent framework for advisory roles, responsibilities, and operational standards. By standardizing procedures and clarifying expectations across all appointed bodies, the City aims to foster a unified approach that supports effective governance, transparency, and accountability. This alignment enhances collaboration among commissions and the City Council, reinforcing shared objectives and providing clear guidelines that empower all commissioners to fulfill their roles effectively.
Introduction to City Government (Page 4)
Original Language: “The City of Hayward Council is composed of six Council Members and a Mayor who are elected by the qualified voters of the city at large. The Mayor is the official head of the city for all ceremonial purposes, presides at the meetings of the Council, and signs official documents of the Council. The powers of the Council are subject to the provisions of the City Charter and the Constitution of the State of California. The City Manager is the head of the administrative branch of the city government.”
Revised Language: “The City of Hayward Council is composed of six Council Members and a Mayor. Starting in 2026, Hayward will transition to district-based elections. Council members will be elected by voters within their respective districts. Districts 1 and 6 will elect representatives in 2026, and Districts 2, 3, 4, and 5 will follow in 2028. The Mayor remains elected at large and serves as the official head of the city for ceremonial purposes, presiding at Council meetings and signing official documents. The powers of the Council are subject to the provisions of the City Charter and the Constitution of the State of California. The City Manager oversees the administration of city government.”
Rationale: This change reflects the transition to district-based elections, in alignment with the California Voting Rights Act.
Term of Office (Page 13)
Original Language: “All members are appointed by the City Council, and they could be subject to removal by a motion of at least four affirmative votes of the Council. The Council’s appointed officials shall serve for no more than two and one-half consecutive full terms of four years on any one commission. (Resolution 73-235)
Section 902 of the Charter of the City of Hayward does not apply to the term of office for members of the Keep Hayward Clean and Green Task Force because the Task Force is not a board, commission, or committee as contemplated by the Charter. Its purpose is focused on improving the quality of life in the many diverse neighborhoods in the City through Saturday
and other clean- up-up activities. The Task Force is not delegated with legal or jurisdictional responsibilities as are other boards, commissions, or committees created by the Council.
The term of office for the City’s appointed officials shall terminate when successors are appointed.”
Revised Language: “All members are appointed by the City Council, and they could be subject to removal by a motion of at least four affirmative votes of the Council. The Council’s appointed officials shall serve for no more than two and one-half consecutive full terms of four years on any one commission. (Resolution 73-235) The term of office for the City’s appointed officials shall terminate when successors are appointed.”
Rationale: If the Keep Hayward Clean and Green Task Force is transitioned to a commission, term limits consistent with those of other commissions will apply, prospectively.
Term of Office (Page 14)
Original Language: “The performance criteria consist of the following: attending no less than seventy-five percent of all regular meetings held; complying with training and statutory requirements; being an active and focused participant; and being prepared for meetings, e.g., reviewing the materials in the agenda packet. The Council /Staff Liaison, in concert with the Chair, will provide performance data to the City Clerk, who in turn will forward it to the Council as part of the re -appointment process at the same time applications for new candidates are received.”
Revised Language: “The performance criteria consist of the following: attending no less than seventy-five percent of all regular meetings held; complying with training and statutory requirements; being an active, respectful, and focused participant. Appointees are expected to follow established procedures and demonstrate professional decorum during meetings. The Council/Staff liaison, in coordination with the Chair, will assess adherence to these criteria, including preparation for meetings (e.g., reviewing agenda materials), and provide feedback to the City Council as part of the reappointment process.”
Rationale: The revised performance criteria clarify expectations by emphasizing respectful and professional conduct during meetings. Adding “professional decorum” reinforces the City’s commitment to productive, respectful discussions. The streamlined process a lso directs feedback from the City Council/Staff liaison and Chair to inform reappointment decisions, focusing on meaningful engagement and adherence to standards.
Attendance and Vacancies (Page 17)
Original Language: “The City Council has expressed a strong preference for commissioners and task force members to attend meetings in person.”
Revised Language: “Commission members are required to attend meetings in person, except when in accordance with the established just cause and emergency provisions for virtual
meeting attendance. Members may attend virtually provided they meet the eligibility requirements outlined in the applicable provisions”
Rationale: The revised virtual attendance policy establishes clear guidelines on virtual participation, balancing flexibility for commissioners with the benefits of in -person engagement. The setting of attendance criteria, with eligibility defined by state law, aligns commission attendance practices with those of City Council members, supporting consistent governance standards.
Election of Officers (Page 18)
City Charter Language: “The Council’s appointed officials shall organize by electing one of its members to serve as the presiding officer at the pleasure of such commission. Each commission shall hold such regular and special meetings as such commission may require. All proceedings shall be open to the public.” (City Charter Section 904)
Additional Guidance: “To provide equitable opportunities for leadership, each commission shall elect a Chair for a term of one year. A Chair may serve a second term if re-elected but may not serve more than two consecutive terms. Otherwise, the Chair position shall rotate annually, and no individual may serve more than two consecutive terms as Chair. This rotation enables more commissioners to participate in leadership and represent their peers . If no commissioner volunteers to serve as Chair, the position shall default to the most senior commissioner who has not recently served as Chair. A commissioner must have served for at least one year on the commission before serving as Chair.”
Rationale: This additional guidance supports inclusive leadership by promoting rotation in the Chair position. Setting a one -year term and limiting consecutive terms allows for broader leadership opportunities within commissions, fostering diverse perspectives and engagement.
Council’s Role (Page 18)
Original Language: There was no prior section explicitly defining the City Council Member’s role in overseeing appointed bodies.
Revised Language : “Commissions are advisory bodies that provide input, research, and recommendations on specific issues within their purview. The City Council is the primary policy-making body, responsible for setting policy based on input from commissions.
Commissioners should focus on providing thoughtful recommendations while recognizing that final decisions and policy -setting rest solely with the City Council. This distinction ensures clarity in roles and responsibilities, preventing conflicts between advisory input and formal decision-making processes. In certain cases, decisions of the Planning Commission are final unless appealed to the City Council.”
Rationale: This addition clarifies the City Council’s policy-making role and the advisory function of commissions. By defining the City Council as the final decision-making body, the update helps
set clear boundaries for advisory input, supporting a collaborative and structured advisory process.
Council Liaison’s Role (Page 19)
Original Language: “Every year, the Mayor will appoint Council Members to serve as liaisons to the Council’s appointed bodies. It shall be the responsibility of a Council liaison to attend as many commission meetings as possible in order to be aware of current issues, to list en and observe, and to bring back to the Council any needs, requests, or information from a commission. A Council shall not take part in the deliberation of the commission.”
Revised Language: “Every year, the Mayor will appoint Council Members to serve as liaisons to the Council’s appointed bodies. It shall be the responsibility of a Council liaison to attend as many commission meetings as possible in order to be aware of current issues, to l isten and observe, and to bring back to the Council any needs, requests, or information from a commission. A Council liaison should refrain from participating in commission deliberations in order to maintain the advisory nature of the commission. This ensures that the commission’s recommendations are developed independently, without undue influence from the Council.”
Rationale: The expanded language clarifies the responsibilities of Council liaisons, emphasizing their role as observers and facilitators of communication rather than active participants in commission deliberations. This helps preserve the independence of commission recommendations while enhancing communication between the Council and appointed bodies.
Appointed Member Role (Page 20)
Original Language: This is a new section; however, language throughout the document generally describes the commissioners’ role, stating that “Commissioners are appointed to serve as advisors to the City Council and are expected to participate actively in commissi on activities.
Revised Language: “The duties and responsibilities of each body shall be clearly outlined by City ordinance, and as such, the creation of bylaws by these bodies is not permitted. The City Council shall establish best practices in the form of a resolution to facilitate their work.
Commissions serve in an advisory role to the City Council. Commissioners are responsible for reviewing issues within their commission’s purview and making recommendations to the City Council. However, they do not have the authority to direct City staff to carry out tasks that have not been approved by the City Council or that fall outside the scope of the commission’s mandate.
Commissioners shall operate within the scope outlined by the commission’s ordinance, and any expansion of responsibilities requires City Council approval to ensure alignment with the commission’s mandate.”
Rationale: The revised language clarifies that commission duties are defined by City ordinance, not self-created bylaws, ensuring City Council oversight. It reinforces the advisory role of commissions and limits directive authority over City staff to align with City Council priorities.
Additionally, as previously noted, Uniform Guidance for the Operation of City Commissions (Exhibit I) establishes consistent procedures for meetings, agenda -setting, and committee structure, eliminating the need fo r individual bylaws. This streamlined approach enhances efficiency and ensures alignment across all commissions.
Separation of Roles (Page 22)
Original Language: There are no specific guidelines for commissioners regarding advocacy outside their official capacity.
Revised Language: “Commissioners may advocate for policy positions as private residents on issues outside their commission’s purview. When acting as private residents, commissioners should not use their title or position when advocating for issues outside the scope of their commission’s work, nor may they represent their personal views as endorsed by the commission or the City Council.”
Rationale: This addition provides commissioners with guidelines for distinguishing personal advocacy from official responsibilities. By establishing boundaries between public and private roles, the policy preserves transparency and public trust, supporting commissioners’ ability to engage in personal advocacy without potential conflicts.
Conflict of Interest (Page 29)
Original Language: The City of Hayward has a free filing system, NetFile, that allows individuals to create and electronically file their Statements of Economic Interests disclosure reports mandated by the FPPC.
Revised Language : The City of Hayward has a free filing system, NetFile, that allows individuals to create and electronically file their Statements of Economic Interests disclosure reports mandated by the FPPC.
Effective January 1, 2025, Government Code 87200 filers must electronically file their Form 700s through the FPPC’s filing system.
Rationale: The update aligns Hayward's procedures with new state regulations, ensuring standardized, transparent reporting and regulatory alignment through direct FPPC filing of Form 700s.
Attachment IV comprises a redlined version of the City Council’s Appointed Officials Handbook.
Recommended Changes to Keep Hayward Clean and Green Task Force
The Keep Hayward Clean and Green Task Force currently serves as an advisory body focused on promoting green practices, organizing community clean -up efforts, and supporting environmental initiatives. The Task Force operates with 20 members and is led by a Chair and two Vice-Chairs. Though the group has crafted its own bylaws to guide its work, it functions as an informal body without the procedural standards or formally structured responsibilities of a commission.
Recommended Changes: The Task Force should be formally established as the Clean and Green Commission, comprising 18 members and 2 alternates who will adhere to the rules established by the City Council in the Appointed Officials Handbook, including term limits to be applied prospectively for current members.
The Clean and Green Commission’s scope will include recommending policies on litter reduction, waste management, community beautification, and sustainable practices. In particular, the commission will focus on litter collection, illegal dumping prevention, and community preservation, whi le providing advisory comments on relevant ordinances.
Additionally, the commission will continue to organize community clean -ups and key educational events to foster community engagement in environmental initiatives.
The commission will meet seven times per year, aligning with scheduled clean-up events, to ensure focused and effective engagement with the community.
Rationale: Establishing the Clean and Green Commission ensures operational consistency across all the City’s appointed bodies. By transitioning to a formal commission structure, the Clean and Green Commission will better align its work with the City’s Strategic Roadmap, supporting both immediate and long-term environmental goals.
Recommended Changes to the Community Services Commission
The Community Services Commission (CSC) advises the City Council on effective resource allocation for community services, serving as the Department of Housing and Urban Development (HUD)-required community participation body for the Community Development Block Grant (CDBG) Community Agency Funding Process. The CSC reviews and studies community program needs, maximizing the beneficial impact of social programs across Hayward.
The CSC was formed through the merger of the Human Services Commission (HSC) and the Citizens Advisory Commission (CAC) creating a 22-member commission that was later reduced to 17 members through attrition.
Recommended Changes:
Reduce the CSC’s membership from 17 to 11 members to improve efficiency and focus decision- making.
Update the ordinance (Attachment III) outlining the CSC’s responsibilities to clarify its focused role as an advisory body to the City Council for recommending resource all ocations to community services. As a body the CSC will:
Advise the City Council as to the most effective means of allocating available resources for community services, including the annual review of federal and local funding of community-based programs and projects that align with the Council’s priorities and strategic initiatives.
Promote interagency and intergroup coordination in the development of community social resources.
Serve as the primary conduit for resident participation in all phases of the Community Development Block Grant (CDBG) program funded by the Department of Housing and Urban Development (HUD), as specified in the City’s HUD -mandated Community Participation Plan.
Discourage and prevent through its role in the Community Agency Funding process any and all recognized discriminations based upon race, sex, religion, national origin, age, handicap, sexual orientation, and all other protected categories of persons, if any, under federal and state law, and particularly those discriminations in the areas of housing, employment, and education.
Reduce the frequency of monthly meetings to better align with the funding cycle, ensuring that the Commission’s work culminates i n the timely approval of allocated funds.
Rationale: The reduction in membership enhances the Commission’s efficiency, making it easier to achieve quorum, streamline decision-making, and improve operational focus.
The initial merger of the HSC and CAC created a larger, combined body, now known as the CSC.
During the merger, some duties originally assigned to HSC were retained in the ordinance language, resulting in an overly broad set of responsibilities that were not intended to fall within the CSC’s purview. These legacy duties have contributed to role ambiguity. Updating the ordinance will provide clear direction to the CSC , ensuring the commission’s work remains focused on resource allocation for community services.
By adjusting the frequency of monthly meetings to align with the funding cycle, the CSC can concentrate on its primary objectives and reduce the need for additional meetings once funding decisions have been finalized. This adjustment allows the CSC to use time and resources more efficiently while ensuring it fulfills its advisory role in addressing community service needs.
STRATEGIC ROADMAP
The recommendations from the City Council Ad Hoc Committee are designed to align the City’s commissions’ work with the City’s goals. By improving their roles and responsibilities, these changes will help the City to better engage with the community, improve governance, and use resources effectively to meet the needs of Hayward residents.
FISCAL IMPACT
There are no significant fiscal impacts associated with these recommendations.
PUBLIC CONTACT
As part of the review process, all commission and task force members were provided with draft recommendations for their review and feedback. In addition, the City C ouncil Ad Hoc Committee invited commissioners and task force members to participate in its November 13, 2024 meeting to share their input. Feedback from this meeting, along with a document jointly created by the Keep Hayward Clean and Green (KHCG) Task Force was used to refine the recommendations.
NEXT STEPS
Adoption of the resolution and introduction of the ordinance, both as recommended by the City Council Ad Hoc Committee, will facilitate the next steps which include dissemination of relevant materials to all commissions and department staff, including a Commission Welcome Digital Binder (Attachment V). The City Manager is directed to take any and all necessary steps to accomplish the specific goals contained in the resolution and ordinance.
Prepared by: Regina Youngblood, Assistant City Manager
Recommended by: Michael Lawson, City Attorney
Miriam Lens, City Clerk
Approved by:
_____________________________________________
Dr. Ana M. Alvarez, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member ___________
RESOLUTION ADOPTING RECOMMENDATIONS OF THE CITY COUNCIL’S AD
HOC COMMITTEE ON THE STRUCTURE, ROLES, AND UNIFORM
ADMINISTRATION OF CITY COMMISSIONS, SPECIFICALLY ADOPTING
UNIFORM GUIDANCE FOR THE OPERATION OF ALL CITY COMMISSIONS, IMPLEMENTING UPDATES TO THE CITY COUNCIL’S APPOINTED OFFICIALS
HANDBOOK, AND APPROVING CONVERSION OF THE KEEP HAYWARD CLEAN
AND GREEN TASK FORCE TO THE CLEAN AND GREEN COMMISSION
WHEREAS, the City Council’s Ad Hoc Committee on the structure, roles, and uniform administration of City commissions was formed following an April 16, 2024 work session at which direction was given to improve the operational efficiency of all City commissions and assure that commissions and appointed bodies have a clear purpose and meaningful impact on the community; and
WHEREAS, the City Council’s Ad Hoc Committee comprising City Council Members Roche, Andrews, and Bonilla, Jr., have completed their evaluation and now presents their recommendations to the full City Council; and
WHEREAS, the recommendations seek to ensure all commissions are in alignment with City Council priorities:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the recommendations of the Council Ad Hoc Committee are hereby accepted and adopts the following action s consistent therewith and directs the City Manager to take any and all necessary and appropriate steps to carry out the City Council’s direction:
1. Approves uniform guidance as set forth in EXHIBIT A for the operation of all City commissions, including stan dardized rules for meetings, agendas, and other procedural matters to endure consistency and transparency across appointed bodies, thereby eliminating individual commission bylaws; and
2. Approves updates to the City Council’s Appointed Officials Handbook as set forth in ATTACHMENT IV; and
3. Approves conversion of the Keep Hayward Clean and Green Task Force to the Clean and Green Commission.
4. Incorporates by reference the March 4, 2025, staff report as part of the administrative record as though fully set forth herein.
IN COUNCIL, HAYWARD, CALIFORNIA , 2025
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
UNIFORM GUIDANCE FOR THE OPERATIONS OF CITY COMMISSIONS The City Council of the City of Hayward hereby establishes the following protocols and guidelines to govern all City commissions, pursuant to Resolution 25 -xxx. In addition to t he protocols and guidelines set forth herein, all City commissions are governed by the Brown Act, the Public Records Act and applicable sections of the Hayward Municipal Code. The within protocols and guidelines supersede all bylaws or similar protocols previously adopted by individual commissions .
Commissions are authorized to create subcommittees of their members as may be necessary or desirable in order to allocate duties and responsibilities consistent with their mandate.
MEMBERSHIP
Commissions shall consist of members appointed by the City Counc il in accordance with established ordinances and/or resolutions.
OFFICERS
Each commission shall elect a Chair and a Vice Chair annually in October of each calendar year.
These officers shall assume their roles at the first commission meeting following their selection and serve for a term of one year. No other officers are authorized. A Chair may serve a second term if re- elected but may not serve more than two consecutive terms. If no commissioner volunteers to serve as Chair, the position shall default to the most senior commissioner who has not recently served as Chair. Commission members are eligible to serve as Chair only after completing at least one year on the commission.
The duties of the officers shall be as follows:
Chair: The Chair shall preside over all commission meetings, following established rules of procedure to allow for the orderly flow of business in consultation with the staff liaison.
Vice Chair: The Vice Chair shall act in the Chair’s absence and shall assist the Chair in the execution of their office.
TERM OF OFFICE
Commission members are appointed by the City Council and may be removed by a motion supported by at least four affirmative votes of the City Council. Commissioners may serve a maximum of two and one-half consecutive full terms of four years on any one commission.
Commissions serve in an advisory role to the City Council , consistent with their originating ordinances and/or resolutions. Commission members are responsible for reviewing issues within their commission’s purview and making recommendations to the City Council. Commissioners shall operate within their designated scope, and any expansion of responsibilities requires City Council approval to ensure alignment with the commission’s mandate.
ATTENDANCE AND VACANCIES
Commission members are required to attend at least seventy-five (75) percent of all regular meetings held in a calendar year. A commission member’s office shall be declared vacant by the City Council
EXHIBIT A
if they meet any of the following criteria: absence from three (3) consecutive regular meetings of the commission without permission noted in the official minutes ; failure to maintain the required 75% attendance requirement; conviction of a crime involving moral turpitude ; and/or loss of status as a qualified resident of the City.
MEETINGS
All commission meetings shall operate under the Brown Act, which is the California Open Meeting Law. (California Government Code § 54950 et seq.). All meetings must be properly noticed under the Brown Act and in accordance with established resolutions. Each commission shall ratify its meeting schedule for the entire calendar year during its December meeting . Agendas for regular meetings must be posted at least seventy-two (72) hours before each regular meeting in accordance with the Brown Act. Special meetings may be called a s needed, with members notified at least forty-eight (48) hours prior to the special meeting. Teleconference participation is governed by the Brown Act and any modified legislation.
QUORUM
The quorum for any regular or special meeting shall consist of a majority of the currently seated members of the commission.
AGENDA
The agenda shall include the meeting’s location, date, and time, as well as items to be discussed, in compliance with the Brown Act.
ORDER OF BUSINESS
The following order of business shall be observed in conducting regular commission meetings.
Variations for public hearings and work session items are noted in parentheses.
Call to Order
Pledge of Allegiance
AB 2449 Teleconference Notifications and Consideration
Roll Call
Public Comments
(Work Session)
(Public Hearing)
Approval of Minutes
Report Item
Action Item
Commission Reports and Announcements
Staff Announcements
Adjournment
Next Meeting Date
EXHIBIT A
ORDER OF PROCEDURE
The following guidelines apply to general agenda items. Variations for public hearing items are noted in parentheses.
Staff report
Clarifying questions to staff
(Applicant presentation)
(Clarifying questions from Commissioners to Applicant)
Public Comment
Commissioners deliberate, discuss the item
Commissioners vote
MEETING MINUTES
The staff liaison or their designee shall maintain minutes of all commission proceedings, provide a copy to the City Clerk’s office, and upload a copy to the City ’s website – Meeting & Agenda Center.
Meeting minutes are a permanent record and must reflect the name of the commissio n member making a motion, the name of the commissioner member seconding it, and the vote of each commission member for all actions taken.
ORIENTATION
All commission members shall receive annual trainings on the structure and the operations of City government, as well as the legal and ethical duties and responsibilities of the City Council’s appointed bodies.
TRAININGS
Commission members appointed by the City Council are required to complete the Ethics training and Harassment Prevention training within six (6) months of appointment and every two (2) years thereafter.
CONFLICT OF INTEREST/CODE OF ETHICS
Any commission member who has a conflict of interest related to an agenda item shall disclose on the record the nature of the conflict, and then excuse themselves prior to the introduction of the agenda item, as required by law.
Each commission member should work towards maintaining the highest actual and perceived integrity level while sitting on a commission.
EXHIBIT A
ATTACHMENT III
ORDINANCE NO. 25-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAYWARD AMENDING SECTIONS 2-3.90, ET SEQ., OF THE HAYWARD MUNICIPAL CODE, RELATING TO THE COMMUNITY SERVICES COMMISSION ; AND FINDING
THAT THE ACTION IS EXEMPT FROM CEQA REVIEW
Section 1. Section 2-3.90, et seq. of the Hayward Municipal Code is amended to read in full as follows:
COMMUNITY SERVICES COMMISSION
SEC. 2-3.90 POLICY.
It is the public policy of the City of Hayward to: (1) encourage the development of a planned and orderly approach to the development of community services in the City; (2) identify the needs for community services, to plan for the coordinated delivery of such services to residents in need through both private and public resources so as to avoid duplication and conflict of effort; and (3) create and sustain an environment which will encourage and bring about mutual understanding and respect among all groups of the City, eliminate prejudice, discrimination, and disorder, and guarantee equal rights and opportunities for all.
The City Council of the City of Hayward finds that there is a need on the part of the City and the community to institute an official, responsible, community-oriented body within the City government in order to identify the needs for community services, to plan for the coordinated delivery of such services to citizens in need through both private and public resources so as to avoid duplication and conflict of effort, to evaluate the effectiveness of the services provided and to advise the City Council in regard to these functions, to support community improvement goals, to help solve community problems, and to serv e as the Citizens Review mechanism of federally financed or aided projects.
SEC. 2-3.91 COMMUNITY SERVICES COMMISSION MEMBERS.
The Community Services Commission shall consist of no fewer than seventeen eleven (1711) members, one (1) of whom shall be designated Chairperson in the manner provided in section 904 of the Charter. Members of the former Human Services Commission or the Citizens Advisory Commission, who hold office as of the date effective date of this Arti cle, shall serve as the initial members of the Community Services Commission until their terms of office, which terms shall be deemed to have begun at the time of their original appointment or subsequent reappointment to the former commissions, shall expir e and their successors are appointed or qualified in accordance with the provisions of Section 902 of the Charter.
ATTACHMENT III
The Chairperson shall preside at all meetings and shall report directly to the City Council on all recommendations of the Commission.
The Commission shall adhere to the rules adopted by the City Council, as such rules apply to advisory bodies, adopt rules and regulations for the conduct of its business, for the time and place of its meetings, and any such rules and regulations shall be printed and made available to the public.
SEC. 2-3.92 LIBRARY AND COMMUNITY SERVICES DEPARTMENT THE COMMUNITY SERVICES DIVISION.
The Manager Director of Library and of Community Services, or his/her authorized representative, shall attend all meetings of the Commission, furnish necessary information, data and records, submit proposals and recommendations and provide technical assistance and advice as required. The Library and Community Services Department Community Services Division shall provide clerical support help and maintain files and records of the Commission.
SEC. 2-3.93 POWERS AND DUTIES.
As an advisory agency to the City Council, the Community Services Commission shall have the power and duty to:
1. Advise the City Council of Hayward as to the most effective means of allocating available resources for community services, including the annual review of federal and local funding of community -based programs and projects that align with the Council’s priorities and strategic initiatives..
2. Promote interagency and intergroup coordination in the development of community social resources.
3. Serve as the primary conduit for resident participation in all phases of the Community Development Block Grant (CDBG) program funded by the Department of Housing and Urban Development (HUD), as specified in the City’s HUD-mandated Community Participation Plan.
4. Through its role in the Community Agency Funding process, discourage and prevent any and all recognized discriminations based upon race, sex, religion, national origin, age, handicap, sexual orientation, and all other protected categories of persons, if any, under federal and state law, and particularly those discriminations in the areas of housing, employment, and education.
3. Review and study problems and needs of the community programs and develop effective support needed to secure additional resources either through private channels or through the City or other instrumentalities of the government.
4. Monitor relationship/balance of funding patterns by public and private agencies ensuring fair distribution for the local jurisdiction.
ATTACHMENT III
5. Work together with other governmental agencies in keeping abr east of new and current developments in the field of social services in order to maximize the beneficial impact of social programs on the City.
6. By persuasion and conference seek to arrive at voluntary solutions designed to discourage and prevent any a nd all recognized discriminations based upon race, sex, religion, national origin, age, handicap, sexual orientation, and all other protected categories of persons, if any, under federal and state law, and particularly those discriminations in the areas of housing, employment, and education.
7. Hold hearings and take testimony of any person relating to any matter under investigation or in question before the Commission.
8. Make recommendations which will help to develop a sense of community among those concerned with people serving efforts in Hayward and to create awareness and cooperation between the City and those groups doing social service work in the area.
9. Make and issue reports respecting its studies, research, investigations and other activities, and make information available to other commissions and staff as required.
10. Recommend to the City Council legislation or other remedial steps which the Commission should find to be necessary and desirable.
Perform other related duties as directed by the City Council.
Section 2. California Environmental Quality Act. Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act (“CEQA”), under Public Resource Code Section 21065 and CEQA Guidelines Section 15320, 15378, and 15061(b) (3) as there is no possibility that such action would cause either a direct, or reasonably foreseeable indirect, physical change in the environment.
Section 3. If any section, subsection, paragraph, or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid, or beyond the authority of the City of Hayward by a court of competent jurisdiction, such a decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 4. The effective date of this Article shall be thirty (30) days after its adoption by the City Council.
ATTACHMENT III
INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2024, by Council Member __________________________.
ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2024, by the following votes of members of said City Council.
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ___________________________________
Mayor of the City of Hayward
DATE: ___________________________________________
ATTEST: ________________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT IV
CITY COUNCIL’S
APPOINTED OFFICIALS HANDBOOK
COMMISSIONS, COMMITTEES AND
KEEP HAYWARD CLEAN AND GREEN TASK FORCE
NOVEMBER DecembeMarch 2023202524
City’s Appointed Officials Handbook 202435 Page 2
ATTACHMENT IV
On behalf of the City Council, we want to express our appreciation for your interest in serving the City of Hayward. We have developed this Handbook to help you understand the requirements for service on the City’s Commissions/Committees/Task Forces. In addition to the Handbook, the City’s website www.hayward-ca.gov provides useful information.
Office of the City Clerk
City’s Appointed Officials Handbook 202435 Page 3
ATTACHMENT IV
Introduction to City Government 4
City of Hayward Organization 5
City of Hayward Charter 7
Hayward Strategic Priorities 8
City of Hayward Budget 9
General Information 10
Meeting Responsibilities 19
Conflict of Interest Guidelines 21
Resources 22
City’s Appointed Officials Handbook 202435 Page 4
ATTACHMENT IV
The City of Hayward operates within a Council-Manager form of government. (City Charter Section 300)
The City of Hayward Council is composed of six Council Members and a Mayor. Starting in 2026, Hayward will transition to district-based elections. Council members will be elected by voters within their respective districts. Districts 1 and 6 will elect representatives in 2026, and Districts 2, 3, 4, and 5 will follow in 2028. The Mayor remains elected at-largeat large and serves as the official head of the city for ceremonial purposes, presiding at Council meetings and signing official documents.
The powers of the Council areCouncil are subject to the provisions of the City Charter and the Constitution of the State of California. The City Manager oversees the administration of city government.
The City of Hayward Council is composed of six Council Members and a Mayor who are elected by the qualified voters of the city at large. The Mayor is the official head of the city for all ceremonial purposes, presides at the meetings of the Council, and signs official documents of the Council. The powers of the Council are subject to the provisions of the City Charter and the Constitution of the State of California. The City Manage r is the head of the administrative branch of the city government.
City commissions are established by the City Charter, the Municipal Code, and the City Council. The Planning Commission is established by the City Charter. All other commissions are established by ordinances. The City Council may also establish committees and task forces by resolution.
Special purpose Advisory Committees are formed at the discretion of the City Council to provide greater public participation in the development of plans and recommendations in relation to a committee's specific assignment. (City Charter 900)
City’s Appointed Officials Handbook 202435 Page 5
ATTACHMENT IV
City Council members are elected directly by Hayward residents. The City Council is made up of one Mayor and six Council Members.
The Mayor and City Council adopt and implement legislation and policy, as well as appoint the City Manager, City Attorney, City Clerk, and members of various commissions and task forces.
The City Manager is the City’s chief executive officer and appoints all other City staff including department heads. The City Manager is responsible for the daily administration of the City government and provides direction and leadership to the departments in implementing the policies of City Council.
City’s Appointed Officials Handbook 202435 Page 6
ATTACHMENT IV
City’s Appointed Officials Handbook 202435 Page 7
ATTACHMENT IV
The City of Hayward Charter was adopted on March 7, 1956. The Charter defines the form of government and its functions and regulations.
Follow the link below for the City of Hayward Charter.
https://www.hayward-ca.gov/your-government/codes-regulations City’s Appointed Officials Handbook 202435 Page 8
ATTACHMENT IV
In approving the annual budget for the City, the Council establishes priorities. In June 20232024, the City Council adopted a n updated the City’s Strategic Roadmap, created with input from the community, the City Council, and City staff, which defines a shared vision for the city and identifies the top priorities and projects that need to happen in the coming years to address current gaps in achieving that vision.
City’s Appointed Officials Handbook 202435 Page 9
ATTACHMENT IV
City’s Appointed Officials Handbook 202435 Page 10
ATTACHMENT IV
The City Council adopts an annual City budget for all services. The Council holds budget work sessions in May and June, which are open to the public. The draft budget is also scheduled for a public hearing and adoption in June at a City Council meeting.
For comprehensive information regarding the city budget, follow the link below. http://www.hayward-ca.gov/your-government/documents/budget-documents City’s Appointed Officials Handbook 202435 Page 11
ATTACHMENT IV
Application Procedure and Membership:
Volunteer service provides a way for residents who have special experience or interest to participate in the City’s decision-making process by advising the City Council and staff on numerous topics.
Applications for service on any Commission, Committee, or Task Force (Council’s Appointed Officials) are valid for one year from the date of receipt and are public record. Applicants for service on the Community Services Commission are required to complete supplemental forms, which are also public documents.
State and local law require that selected members abstain from participation in decisions that may affect financial interests, including sources of income, interests in real property or investments. If appointed, certain members may be required to fill out a disclosure statement which identifies certain financial interests beginning with the immediate twelve -month period prior to the appointment.
The Community Services Commission supplemental forms will require applicants to identify any organizations, associations, or entities by which they are employed or associated that might be affected by decisions of these bodies.
Planning Commission and Community Services Commission applicants will be required to file the Fair Political Practices Commission Statement of Economic Interests (Form 700), which is a public record.
It is the City Council’s desire for a pplicants for the Planning Commission to h ave applicable experience on other elected/appointed legislative bodies.
Application forms and information that describe duties and time commitments are available from the Office of the City Clerk. Information about the number of vacancies is available from the Office of the City Clerk or on the City’s Commissions & Task Forces webpage.
The City Clerk conducts recruitments for the Council's appointed bodies from April to July annually, with interviews in July August and appointments each September. Recruitment for the Hayward Youth Commission is conducted each April and May, with interviews and appointments annually in June.
City’s Appointed Officials Handbook
20172024
ATTACHMENT IV
Passage of Measure OO in the November 2020 municipal election amended the Hayward City Charter to remove language restricting appointment to City commissions and other bodies to registered voters. The change opens service on City Council -appointed advisory bodies to City residents who are not registered or who are ineligible to be registered to vote.
To be eligible for appointment to any Commission, Committee or Task Force (Council’s Appointed Officials) a person shall be a resident of the incorporated area of the City of Hayward. (City Charter Section 900)
The City Council will interview eligible applicants at a special Council meeting and will confirm the selections made at a regular Council meeting which will be followed by the administration of Oath of Office by the City Clerk.
No member of any commission shall be a member of any other commission or hold any paid office or employment in the City government, (City Charter Section 900)
The Council’s appointed officials serve without compensation but may receive reimbursement for necessary travelingtravel and other expenses incurred on official duty when such expenditures have received authorization by the Council. (City Charter Section 905)
Before members can participate as voting members of their respective bodies, they must take the Oath of Office as required by law. The City Clerk or her designee administers the Oath of Office to appointed members.
Term of Office:
All members are appointed by the City Council, and they could be subject to removal by a motion of and at least four affirmative votes of the Council. The Council’s appointed officials shall serve for no more than two and one -half consecutive full terms of four years on any one commission. (Resolution 73-235).
Section 902 of the Charter of the City of Hayward does not apply to the term of office for members of the Keep Hayward Clean and Green Task Force because the Task Force is not a board, commission, or committee as contemplated by the Charter. Its purpose is focused on improving the quality of life in the many diverse neighborhoods in the City through Saturday and other clean- up- up activities. The Task Force is not delegated with legal or jurisdictional responsibilities as are other boards, commissions, or committees created by the Council.T The term of office for the City’s appointed officials shall terminate when successors are appointed.
City’s Appointed Officials Handbook 20243 Page 13
ATTACHMENT IV
Members who have successfully completed one term on one of the Council’s appointed bodies may be eligible to be re-appointed to a second term. According to Resolution 87 -323, the City Council will remove or not reappoint any commission or task force member who has failed to attend at least seventy-five percent of all regular meetings held during the period September to June. Special meetings held in lieu of regular meetings will be taken into account when preparing the attendance record. Members eligible for reappointment and who have failed to meet the required performance criteria will be required to submit an application to be considered at the same time applications for new candidates are received.
The performance criteria consist of the following: attending no less than seventy-five percent of all regular meetings held; complying with training and statutory requirements; being an active, respectful, and focused participant. Appointees are expected to follow established procedures and demonstrate professional decorum during meetings.; and being prepared for meetings, e.g., reviewing the materials in the agenda packet. The Council/Staff liaison, in coordination with the Chair, will assess adherence to these criteria, including preparation for meetings (e.g., reviewing agenda materials), and provide feedback to the Council as part of the reappointment process.
The Council /Staff Liaison, in concert with the Chair, will provide performance data to the City Clerk, who in turn will forward it to the Council as part of the re -appointment process at the same time applications for new candidates are received.
Current commission members who have served a minimum of two full consecutive terms on the same body will be eligible to request consideration of appointment to a different body. Their request will be considered by City Council during the annual interviews.
Attendance and Vacancies
If a member of a commission absents themselvesis absent from three consecutive regular meetings of such commission, unless by permission of such commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified resident of the City, their office shall become vacant and shall be so declared by the Council. (City Charter Section 905) Members shall be required to attend no less than seventy-five percent of all regular meetings held.
Ifheld. If a member misses two consecutive meetings without notice to the staff liaison , the staff liaison designated to the Council’s appointed body will notify the City Clerk of said absences. The City Clerk will notify the member in writing that failure by a member to attend three consecutive regular meetings of a commission will be cause for Council to declare the member’s position vacant.
After three consecutive unexcused absences or in the event attendance at seventy -five percent of meetings is not maintained, the City Clerk will notify the City Council and the City Council will consider next steps for removing a member.
Attendance records will be reviewed by the City Clerk and will issue notices to members with attendance issues. The City Clerk will present an attendance record to the Council during the annual City’s Appointed Officials Handbook 20243 Page 14
ATTACHMENT IV
interview process for the Council’s appointed bodies.
The Keep Hayward Clean and Green Task ForceCommission considers its “Clean-Up Events” as an invaluable function and therefore equally important of its attendance policy; therefore, the attendance policy in City Resolution 87 -323 C.S. related to regular meetings will be extended to clean-up and other events.
A member wishing to resign shall submit a letter of resignation to the City Clerk. Once the letter is submitted, the City Clerk will prepare a recommendation for Council to accept the resignation.
Any vacancies in any commission shall be filled by appointment by the Council during the annual appointment process for the City’s Appointed Officials.
As the City Council finds more qualified candidates than available seats to appoint every year, the Council will establish an alternate list when selecting new members. The alternate list will be valid for one year and expireexpires at the beginning of the new recruitment process in April.
The process for appointing from the alternate list will involve two separate Council actions: adoption of a resolution accepting the resignation of a member; and adoption of a resolution recommending an alternate from the alternate list to fulfill the vacated position for the remainder of the unexpired term. The
City Clerk will ensure the alternate continues to be interested in serving and w ill confirm the alternate’s eligibility status prior to recommending an alternate.
Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted in the office of the City Clerk, and as may be directed by the City Council, the City Clerk will conduct a special recruitment for the purpose of filling the unexpected vacancy.
The City Clerk shall, pursuant to Government Code Section 54972, prepare an appointments list of all regular and ongoing commissions which are appointed by the City Council, which shall contain the information required in said section. All efforts will be made to provide public information relativerelating to vacancies prior to such appointments.
The Brown Act provides that all meetings of a legislative body (commission/task force) of a local agency be open and public, and all public members be permitted to attend and participate, see Government Code section 54953(a). The Act requires posting an agenda, at least 72 hours before a regular meeting, containing a brief description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing Page 13 of 16 on the agenda, see Government Code section 54954.2. Government Code section 54953(b) allows for meetings to occur via teleconference as follows:
City’s Appointed Officials Handbook 20243 Page 15
ATTACHMENT IV
1) all teleconference locations must be identified in the notice and agenda of the meeting; 2) each teleconference location must be accessible to the public; 3) members of the public must be allowed to address the legislative body at each teleconference location;
4) the agenda must be posted at each teleconference location; and 5) at least a quorum of the legislative body must be present within the boundaries of the local agency.
Pursuant to AB 361, until January 1, 2024, the Brown Act allows legislative bodies to meet by teleconference without following the requirements of Government Code section 54953(b) as follows:
1) The meeting occurs during a state of emergency declared by the governor; 2) The posted agenda for the meeting must include the means by which the public can participate via a call-in option or internet-based option; 3) If the public’s ability to view/participate remotely is interrupted, the legislative body can take no action on items until the public’s remote access is restored; 4) The legislative body adopts a resolution every 30 days confirming the continued existence of the state of emergency and the need to continue appearing via teleconference.
City’s Appointed Officials Handbook 20243 Page 16
ATTACHMENT IV
Pursuant to AB 2449, until January 1, 2026, the Brown Act allows legislative bodies to meet by teleconference without following the requirements of Government Code section 54953(b) as follows:
1) At least a quorum of the body participates in person at a single physical location that is identified on the agenda, open to the public, and within the boundaries of the agency. 2). The public shall be provided notice of the means to remotely observe the meeting and address the legislative body.
3) A member of the legislative body may participate remotely only in one of two circumstances:
A. With “just cause”, the member can participate remotely after giving notice as soon as possible. AB 2449 defines “just cause” as (a) a family childcare or caregiving need; (b) a contagious illness; (c) a need related to a physical or mental disability that is not otherwise accommodated; or (d) travel while on official business. AB 2449 limits a member to Page 14 of 16 participating remotely under this provision to two (2) meetings per calendar year.
B. In “emergency circumstances,” defined as a physical or family emergency that prevents the member from attending in person, the member can participate remotely by requesting approval to do so from the legislative body. The legislative body may take action on the request as soon as possible, including at the beginning of the meeting, even if there was not sufficient time to place the request formally on the agenda.
C. Under either circumstance, the member in question must give a general description of the circumstances relating to their need to appear remotely, but need not disclose any medical diagnosis, disability, or other confidential medical information.
D. The member must disclose if anyone 18 years or older is present in the room with them during the meeting and describe the general nature of their relationship to that person.
E. A member cannot participate solely by teleconference under the new teleconference framework for more than three (3) consecutive months or more than twenty (20) percent of the agency’s regular meetings (or more than two meetings if the agency meets fewer than ten (10) times per year).
Also until January 1, 2026, the Brown Act requires the legislative body to have a procedure for receiving and resolving requests for accommodation pursuant to the Americans with Disabilities Act, and to resolve any doubts in favor of accessibility.
Outside of the limited circumstances authorized by AB 361 and AB 2449, public meetings can still occur via teleconference if the legislative body complies with the general (pre - pandemic) agenda, notice, and quorum requirements of the Brown Act contained in Government Code section 54953(b).
CBoard and commission members are required to attend meetings in person, except when in accordance with the established just cause and emergency provisions for virtual meeting City’s Appointed Officials Handbook 20243 Page 17
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attendance. Members may attend virtually up to four times per calendar year, provided they meet the eligibility requirements outlined in the applicable provisions.
The City Council has expressed a strong preference for commissioners and task force members to attend meetings in person.
Election of Officers:
The Council’s appointed officials shall organize by electing one of its members to serve as the presiding officer at the pleasure of such commission. Each commission shall hold such regular and special meetings as such commission may require. All proceedings shall be open to the public. (City Charter Section 904)
To provide equitable opportunities for leadership, each commission shall elect a Chair for a term of one year. A Chair may serve a second term if re-elected but may not serve more than two consecutive terms. Otherwise, the Chair position shall rotate annually, and no individual may serve more than two consecutive terms as Chair. This rotation enables more commissioners to participate in leadership and represent their peers. If no commissioner volunteers to serve as Chair, the position shall default to the most senior commissioner who has not recently served as Chair.
A commissioner must have served for at least one year before serving as Chair.
Council's Role:
Commissions are advisory bodies that provide input, research, and recommendations on specific issues within their purview. The City Council is the primary policy-making body, responsible for setting policy based on input from thesecommissions. Commissioners should focus on providing thoughtful recommendations while recognizing that final decisions and policy-setting rest solely with the Council. This distinction ensures clarity in roles and responsibilities, preventing conflicts between advisory input and formal decision-making processes. In certain cases, decisions of the Planning Commission are final unless appealed to the City Council.
Staff Liaison Role:
Staff support is available to commissions via staff members assigned as liaisons to each appointed body. The staff liaison is responsible for creating meeting schedules, preparing meeting agendas and reports, and notifying the City Clerk of attendance problems, resignations, and members’ change of contact information. The staff liaison is responsible for ensuring that appointed members are oriented about policies and procedures as they relate to the body.
The staff liaison is also responsible for updating bylaws by working with members and the City Attorney and sending the original to the City Clerk after formal adoption by the commission.
All communications addressed to a specific appointed body are received by the staff liaison or their designee and relayed to the appointed body. In 2021, members of the Planning Commission were issued City email addresses to receive correspondence in their capacity as members of the Planning City’s Appointed Officials Handbook 20243 Page 18
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Commission. The roster of appointed officials is a public document available in the office of the City Clerk. The roster includes the name, residence or mailing address, and either a home or business telephone number for each member. Commissioners may interact with th e public; however, if they are contacted by the public outside of a meeting, commissioners should encourage public members to send their comments to the staff liaison or their designee for distribution to all commissioners or come to a meeting and speak during public comment.
Council Liaison Role:
Every year, the Mayor will appoint Council Members to serve as liaisons to the Council’s appointed bodies. It shall be the responsibility of a Council liaison to attend as many commission meetings as possible in order to be aware of current issues, to listen and observe, and to bring back to the Council any needs, requests, or information from a commission. A Council liaison shall not take part in the deliberations of the commission. A Council liaison should refrain from participating in commission deliberations in order to maintain the advisory nature of the commission. This ensures that the commission’s recommendations are developed independently, without undue influence from the Council.
City’s Appointed Officials Handbook 20243 Page 19
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Staff Liaison Role:
Staff support is available to commissions via staff members assigned as liaisons to each appointed body. The staff liaison is responsible for creating meeting schedules, preparing meeting agendas and reports, and notifying the City Clerk of attendance problems, resignations, and members’ change of contact information. The staff liaison is responsible for ensuring that appointed members receive a thorough orientation on the policies and procedures relevant to the body. This orientation equips members with the necessary understanding of their roles, responsibilities, and operational guidelines.
The staff liaison is responsible for ensuring that appointed members are oriented about policies and procedures as they relate to the body.
The staff liaison is responsible for assisting the commission in establishing best practices in collaboration with members and the City Attorney. Once developed, these best practices must be filed with the City Clerk and are subject to City Council review and approval via a consent item.
The staff liaison is also responsible for updating bylaws by working with members and the City Attorney and sending the original to the City Clerk after formal adoption by the commission.
All communications addressed to a specific appointed body are received by the staff liaison or their designee and relayed to the appointed body. In 2021, members of the Planning Commission were issued City email addresses to receive correspondence in their capacity as members of the Planning Commission. The roster of appointed officials is a public document available in the office of the City Clerk. The roster includes the name, residence or mailing address, and either a home or business telephone number for each member. Commissioners may interact with the public; however, if they are contacted by the public outside of a meeting, commissioners should encourage public members to send their comments to the staff liaison or their designee for distribution to all commissioners or come to a meeting and speak during public comment.
Appointed MemberYour
Role:
The duties and responsibilities of each body shall be clearly outlined by city ordinance, and as such, the creation of bylaws by these bodies is not permitted. However, a body mayThe City Council shall establish best practices in the form of a resolution to help facilitate theirits work. Any best practices or changes proposed must be filed with the City Clerk and are subject to the review and approval of the City Council through a consent item.
Commissions serve in an advisory role to the City Council. Commissioners are responsible for reviewing issues within their commission’s purview and making recommendations to the Council.
However, they do not have the authority to direct Ccity staff to carry out tasks that have not been City’s Appointed Officials Handbook 20243 Page 20
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approved by the Council or that fall outside the scope of the commission’s mandate.
Commissioners mustshall operate within the scope outlined by the commission’s ordinance, and any expansion of responsibilities requires City Council approval to ensure alignment with the commission’s mandate.
City’s Appointed Officials Handbook 20243 Page 21
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Separation of Roles:
Commissioners may advocate for policy positions as private citizens residents when issues liefall outside their commission’s purview. However, they must not present their personal views as being endorsed by the commission or the City Council.
When acting as private citizensresidents, commissioners should take care to avoid confusion about whether they are speaking in their official capacity. They should not use their title or position when advocating for issues beyondoutside the scope of their commission’s work.
Budget:
Budget allocations are not established for commissions; however, funds necessary for the routine business of commissions are included in the departmental budget for each City department which provides staff support to a commission.
The use of the City logo is restricted to communications generated from a City department. The City of Hayward does not provide business cards for members of appointed commissions.
Bylaws:
The Council’s appointed officials may adopt bylaws which are not inconsistent with the City Charter, or other policies that may be established by the Council. Bylaws and bylaw amendments must be reviewed by the Council via a Consent item. Council appointed members should not oversee subject matter already overseen by other commissions, task force, or committees. Bylaws must be filed with the City Clerk.
Orientation:
City staff provides annual trainings regarding the structure and the operation of City government and the legal and ethical duties and responsibilities of members of the Council’s appointed bodies.
All members of City commissions are required to attend Ethics and Harassment Prevention trainings either in person/virtual or by completing online training.
This requirement must be fulfilled within six months of the appointment of any member. Record and compliance with this requirement will be maintained in the Office of the City Clerk.
Staff liaisons provide new members with pertinent materials which will assist new members in becoming fully functioning members of the body. Chairpersons are required to become familiar with parliamentary procedureprocedures of for conducting and presiding over meetings.
City’s Appointed Officials Handbook 20243 Page 22
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Ethics Training:
Assembly Bill 1234, now California Government Code Section 53234 , was signed into law on October 7, 2005. This law requires, among other things, that all local agencies that provide compensation, salary, or a stipend to, or reimburses the expenses of members of a legislative body must provide Ethics Training to local agency officials by January 1, 2007, and every two years thereafter. The Council has determined such training shall be extended to and include all employees and members of advisory bodies, such as commissions, and task forces.
Assembly Bill 1234 requires local officials who are compensated for their service or reimbursed for their expenses to complete ethics training on a biennial basis.
On September 16, 2008, the City Council adopted Resolution 08-130 which amended the Hayward Council Member Handbook by expanding the Ethics Training requirement to members of commissions, task forces, and committees established by Council.
Harassment Prevention Training:
AB 1825 and SB 1343, now California Government Code Section 12950.1 , require immediate and continual Sexual Harassment Prevention Training for supervisors. This law increases the training obligations of all employers with employees within the State of California and extends their obligations beyond the training requirements discussed by the U.S. Supreme Court, the Equal Employment Opportunity Commission ("EEOC"), and other federal and state courts and legisla tive bodies. While AB 1825 and SB 1343 do not specifically define "supervisor," the definition contained in the California Fair Employment and Housing Act ("FEHA") will presumably apply. Under the FEHA, a supervisor is any individual having the authority "to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action be taken if the exercise of that authority is not merely routine or clerical in nature, but requires the use of independent judgment. Training is mandatory for all employees who become supervisors after January 1, 2006, within six months of assumption of a supervisory position and once every two years thereafter.
Members of commissions, task forces and committees established by Council are also required to obtain the above-described training.
On October 12, 2010, the City Council adopted Resolution 10 -159, which updated the City’s Harassment Policy by extending the policy against harassment and retaliation to City Council and all appointees.
Assembly Bill 1661, now California Government Code Section 53237 , was signed into law on September 29, 2016. This law requires local agency officials to receive sexual harassment prevention training and education if the local agency provides any type of compensation to those officials. The City’s Appointed Officials Handbook 20243 Page 23
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law also requires an entity that develops curricula to satisfy this requirement to consult with the city attorney regarding its sufficiency and accuracy.
Notwithstanding the foregoing limitations, the Council requires such training for all employees and members of advisory bodies including commissions, committees, and task forces.
City’s Appointed Officials Handbook 20243 Page 24
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Public Meetings:
The Brown Act or “Open Meeting Law” is officially known as the Ralph M. Brown Act and is found in the California Government Code § 54950 et seq. The Brown Act was enacted in 1953 to guarantee the public’s right to attend and participate in meetings of local legislative bodies. A legislative body is defined as “A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.” (Government Code § 54950 (b))
All meetings must be properly noticed under the Brown Act. Meetings include retreats, workshops, and similar types of events. A meeting can be in person, via telephone, or video conference.
According to the Brown Act, the agenda for a regular meeting must be posted in “a location that is freely accessible to members of the public” at least 72 hours before the meeting. Any meeting not on the regular meeting schedule is a special meeting. Notice of a special meeting must be posted at least 24 hours prior to a meeting. Agendas are posted on the bulletin board in front of City Hall, on the bulletin board in the Office of the City Clerk, and on the City’s website.
Meetings that are not noticed are considered serial meetings, which are illegal. “A majority of the members of a legislative body shall not, outside a meeting authorized by the Act, 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.” (Government Code § 54952.2 (b))
A type of unintentional serial meeting could result from improper use of email. To avoid this, members of legislative bodies should never use the “reply to all” function to an email that may be addressed to a quorum of the legislative body. The Brown Act’s 2021 amendments (via AB 992) include messaging via social media as a form of communications that could constitute serial meetings.
Attendance at a public conference is permissible as long as a quorum of the body do not discuss among themselves specific business that is within the subject matter of the jurisdiction. Purely social events are not considered meetings as long as the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the local agency . (Government Code § 54952.2 (c) (5))
Government Code 54954 requires that each legislative body of a local agency, except for advisory committees or standing committees, provide the time and place for holding regular meetings.
City’s Appointed Officials Handbook 20243 Page 25
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Government Code 54953 allows meetings to be conducted by teleconferencing under procedures including the requirement that each location be identified in the agenda and made accessible to the public, that all votes must be by roll call, and public comment may be made at any of the noticed locations.
Government Code 54954.3 requires that public comment for regular meetings be allowed on any item of interest to the public that is within the subject matter jurisdiction of the city. At special meetings the public comments can be restricted to the subject matter to be considered at the special meeting.
Government Code 54954.2 allows members of the legislative body or its staff to make brief responses to comments made at public comment but cannot be used to start a discussion between commissioners or to take action in response to comments.
When a meeting is canceled a notice of cancellation shall be posted at all the locations where the notice and the agenda are regularly posted. Interested members of the public shall be noticed as soon as possible.
It is recommended that the Council’s appointed officials follow the procedures for the conduct of meetings as established in the Parliamentary Procedure and Robert’s Rules of Order. In instances where Robert’s Rules of Order are inconsistent with the provisions of the City Charter, the Charter shall take precedence.
While the appointed body is in session, the members should not interrupt the proceedings, any commissioners, or any member of the public who has the floor. Persons attending the meeting should observe the rules and procedures of the legislative body. Membe rs who do not follow the rules for decorum may be asked to leave the meeting.
Council liaison and members of the Council’s appointed bodies have a mutual obligation to accord the utmost courtesy to one another and shall refrain from rude and derogatory remarks, abusive comments, or other chastising, particularly in public.
If a Council liaison has a specific concern about the behavior and/or statements of an individual commission member, they should bring it first to the attention of the commission Chairperson in private.
If no resolution is affected, then the matter should be brought to the attention of the Mayor for their action.
Conversely, commission members should discuss a concern about a Council liaison with their respective Chairperson and not go directly to the Mayor or to other Council Members.
Decorum among commission members shall be the same as applicable to the Council.
City’s Appointed Officials Handbook 20243 Page 26
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Copies of rules, bylawsbest practices, and meeting minutes of each one of the Council’s appointed bodies shall be kept on file in the Office of the City Clerk where they shall be available for public inspection.
Conflict of Interest:
According to Government Code 81000, also known as the “Political Reform Act,” public officials should perform their duties in an impartial manner, free from bias, caused by their own financial interest. The regulation prohibits a commissioner from making, participating in making, or influencing a governmental decision, if the commissioners knows that the decision will have a material financial effect on interests of the Appointed official.
The State Fair Political Practices Commission (FPPC) enforces these prohibitions. Members are encouraged to consult with the City Attorney or the FPPC before participating in a matter that would create a possible conflict of interest. Public officials specified in Government Code 87200, such as planning commissioners, must publicly identify the economic interest that creates the conflict, step down from the dais, and must then leave the room. The identification of the conflict of interest must be made orally and as part of the official record.
The State of California requires that designated individuals who make or participate in making governmental decisions that could affect their personal economic interests file Statements of Economic Interests, Form 700s The Hayward Conflict of Interest Code, Administrative Rule 9.1 specifiesHayward’s Conflict of Interest Code, Administrative Rule 9.1 specifies the Council’s appointed bodies that are subject to the disclosure requirement. Designated members have 30 days after the date of appointment to file an Assuming Office Statement of Economic Interests with the City Clerk. If a member resigns or is terminated, a Leaving Office Statement of Economic Interests must be filed within 30 day s of termination. All designated members are required to file annual statements and will be routinely advised of the deadlines by the City Clerk.
The City of Hayward has a free filing system , NetFile, that allows individuals to create and electronically file their Statements of Economic Interests disclosure reports mandated by the FPPC.
Effective January 1, 2025, Government Code 87200 filers must electronically file their Form 700s through the FPPC’s filing system.
Incompatible Public Offices:
The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices which are incompatible in terms of their duties.
City’s Appointed Officials Handbook 20243 Page 27
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Commissions, Committees, and Task Forces
Appointed Bodies | City of Hayward - Official website (hayward-ca.gov) Council Standing Committees
https://www.hayward-ca.gov/your-government/council-standing-committees California Law
http://leginfo.legislature.ca.gov/faces/codes.xhtml
Conflict of Interest Code – Admin Rule 9.1
9.1 Admin Rule - Conflict of Interest Code 092022.pdf (hayward-ca.gov) Current Council’s Appointed Officials
https://www.hayward-ca.gov/your-government/boards-commissions NetFile
Statement of Economic Interests (SEI) | City of Hayward - Official website (hayward-ca.gov) Robert’s Rule of Order
http://www.robertsrules.org/
Statement of Economic Interest – Form 700
http://www.fppc.ca.gov/Form700.html
COMMISSION WELCOME DIGITAL BINDER (DRAFT)
TABLE OF CONTENTS
WELCOME LETTER
City Council Liaison, Staff Liaison and Commission Chair
CITY OF HAYWARD VALUES
HAYWARD CITY CHARTER: COMMISSION SECTION
HAYWARD MUNICIPAL CODE: COMMISSION SECTION
COUNCIL’S APPOINTED OFFICIALS HANDBOOK
UNIFORM GUIDANCE FOR THE OPERATIONS OF CITY COMMISSIONS MAYOR’S COUNCIL APPOINTMENTS
RALPH BROWN ACT GUIDE
ROBERTS RULE OF ORDER CHEAT SHEET
COMMISSION REQUIRED TRAININGS
CONFLICT OF INTEREST CODE
Planning Commission
Community Services Commission
COMMISSION ROSTER
COMMISSION MEETING SCHEDULE
COMMISSION AGENDA CHECKLIST
COMMISSION SECTION
City of Hayward Strategic Roadmap (If applicable)
City Department Organizational Chart
Commissioner Roles and Responsibilities
General Plan (Planning Commission)
Community Agency Funding Process (Community Services Commission) Application Review Committees (ARCs) (Community Services Commission) Personnel Rules (Personnel Commission)
Planned Activities (Hayward Youth Commission)
KHCGTF Calendar Events and Programs (KHCGTF)
Attachment V
WELCOME LETTER
City Council Liaison, Staff Liaison and Commission Chair
CITY CHARTER
SECTION 702. - PARTICIPATION IN COUNCIL ACTION.
The City Manager shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. The City Manager shall receive notice of all special meetings of the Council, boards and commissions. (Amended on November 3, 2020 )
ARTICLE IX. - APPOINTIVE BOARDS AND COMMISSIONS.
SECTION 900. - IN GENERAL.
There shall be the boards and commissions enumerated in this Article which shall have the powers and duties stated herein. The number of members to comprise any board or commission shall be determined by ordinance or resolution of the Council. No member of any board or commission shall be a member of any other board or commission or hold any paid office or employment, in the City Government.
An applicant for any appointment to any board or commission shall be a resident of the City but need not be a qualified elector.
In addition, the Council may create by ordinance or resolution such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.
(AMENDED: STATS. 1959 CH. 82; Amended on November 3, 2020 ) SECTION 901. - APPROPRIATIONS.
The Council shall include in the annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of the boards and commissions.
SECTION 902. - APPOINTMENTS. TERMS.
The members of each of such boards or commissions shall be appointed by the Council. They shall be subject to removal by motion of the Council adopted by at least four affirmative votes. Unless otherwise provided by this Charter, the members thereof shall serve for a term of four years and until their respective successors are appointed and qualified. No member thereof shall serve more than two consecutive full terms on any one board or commission.
The members first appointed to such boards and commissions shall so classify themselves by lot that each succeeding July 1st the term of one of their number shall expire. If the total number of members of a board or commission to be appointed exceeds four, the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one member shall expire on each succeeding July 1st, and that the number of terms expiring in any year does not exceed by more than one the number expiring in any other year.
SECTION 903. - EXISTING BOARDS AND COMMISSIONS.
The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualified. The successors of each such member shall be appointed for terms of such duration, not exceeding four years, as will carry into effect the plan for staggered terms prescribed in the preceding section.
SECTION 904. - MEETINGS. PRESIDING OFFICER.
As soon as practicable, following the adoption of this Charter and following the first day of July of every year thereafter, each of such boards and commissions as exist shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold such regular and special meetings as such board or commission may require. All proceedings shall be open to the public.
The affirmative or negative vote of a majority of the entire membership of such board or commission shall be necessary for it to take any action, except to adjourn.
The City Clerk shall be responsible for the recording of the minutes for each of such boards and commissions and shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter. Copies of such rules and regulations and the minutes of each board and commission shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it.
(Amended on November 3, 2020 )
SECTION 905. - COMPENSATION. VACANCIES.
The members of boards and commissions shall serve without compensation, but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Council.
Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the Council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, the member's office shall become vacant and shall be so declared by the Council.
(Amended on November 3, 2020 )
SECTION 906. - PLANNING COMMISSION. POWERS AND DUTIES.
There shall be a Planning Commission which shall have the power and be required to:
1. Recommend to the Council, after a public hearing thereon, the adoption, amendment or repeal of a Master Plan or any part thereof for the physical development of the City.
2. Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance or resolution, not inconsistent with the Charter.
SECTION 907. - PERSONNEL BOARD. POWERS AND DUTIES.
There shall be a Personnel Board none of whom while a member of the board nor for a period of one year after the Board member has ceased for any reason to be a member, shall be eligible for appointment to any salaried office or employment in the service of the City nor to any City elective office.
The Personnel Board shall have power and be required to:
1. Act in an advisory capacity to the Council and the City Manager on personnel administration.
2. Recommend to the Council after a public hearing thereon, the adoption, amendment or repeal of personnel rules and regulations.
3. Hear appeals of any person in the classified service, relative to any suspension, demotion or dismissal.
4. Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Council and City Manager.
5. Perform such other duties with reference to personnel administration not inconsistent with this Charter as the Council may require by ordinance or resolution. (Amended on November 3, 2020 )
SECTION 908. - PUBLIC SERVICES COMMISSION.
Note— (REPEALED: STATS. 1964 CH. 41)
SECTION 909. - AIRPORT COMMISSION.
Note— (REPEALED: STATS. 1964 CH. 41)
SECTION 910. - PARKS COMMISSION.
Note— (REPEALED: STATS. 1964 CH. 41)
SECTION 911. - LIBRARY COMMISSION.
Note— (REPEALED: STATS. 1964 CH. 41)
SECTION 912. - INDUSTRIAL COMMISSION.
Note— (REPEALED: STATS. 1964 CH. 41)
ARTICLE 3 BOARDS AND COMMISSIONS
Hayward, California, Municipal Code Created: 2025-02-03 14:33:12 [EST] (Supp. No. 24, Update 1)
ARTICLE 3 BOARDS AND COMMISSIONS
PLANNING COMMISSION
SEC. 2-3.00 PLANNING COMMISSION. MEMBERS.
The Planning Commission shall consist of seven (7) members, one (1) of whom shall be designated Chairman in the manner provided in Section 904 of the Charter.
The Chairman shall preside at all meetings and shall report to the Council on all recommendations of the Commission.
SEC. 2-3.01 PLANNING DEPARTMENT.
The Planning Director or his authorized representative shall attend all meetings of the Commission, furnish necessary information, data, maps and records, submit proposals and recommendations, and provide technical assistance and advise as required.
The Planning Department shall provide clerical help and maintain files and records for the Commission.
SEC. 2-3.02 POWERS AND DUTIES.
The Commission shall have the general powers and duties specified in Section 906 of the Charter and pursuant thereto shall have the power and duty to:
1. Perform all of the functions assigned to a City planning commission by the Conservation and Planning Act and other statutes of the State of California relating to planning and zoning, insofar as they are not inconsistent with the provisions of the Charter of the City of Hayward.
2. Perform all the functions assigned to said Commission by the Zoning Ordinance and other ordinances of the City of Hayward relating to planning and zoning.
3. Prepare and recommend the adoption by the City Council of plans based on the master plan or any portions thereof and regulations and programs as may in its judgment be required for the systematic execution of the master plan or such other plan or plans as it or the City Council may deem appropriate.
4. Advise and recommend to the proper officials of the City the approval, disapproval or modification of all maps or plats of land subdivision in accordance with the Subdivision Map Act of the State of California, or as may be provided by ordinance.
5. Hold hearings on planning and zoning matters as prescribed in the Conservation and Planning Act of the State of California, or by ordinance.
6. Advise and recommend to the proper officials of the City regarding the acquisition, use, or disposition of City-owned real property.
7. Hear and decide original applications and appeals on land use matters as may be provided by ordinance.
Created: 2025-02-03 14:33:12 [EST]
(Supp. No. 24, Update 1)
8. Hear and decide referrals regarding the interpretation or administration of the Zoning Ordinance or the Sign and Parking Regulations as submitted by the Planning Director or as may be provided by ordinance.
9. Review and submit annually a report of its activities to the City Council.
10. Perform such other duties relating to planning and zoning as may be directed by the City Council. (Amended by Ordinance 93-23, adopted October 12, 1993)
BOARD OF ADJUSTMENTS
Note(s)—(Repealed by Ordinance 93-23, adopted October 12, 1993)
PERSONNEL COMMISSION
SEC. 2-3.10 PERSONNEL COMMISSION. MEMBERS.
The Personnel Commission shall consist of seven (7) members whose regular term shall be four (4) years, terminating on June 30. Successors shall be appointed and qualified in accordance with the provisions of Section 902 of the Charter.
One (1) of the appointees shall be designated Chairperson in the manner provided in Section 904 of the Charter. The Chairperson shall preside at all meetings and shall report directly to the City Council and City Manager on all recommendations of the commission.
(Amended by Ordinance No. 11-05, adopted May 31, 2011.) SEC. 2-3.11 HUMAN RESOURCES DEPARTMENT.
The Human Resources Director, or his or her authorized representative, shall attend all meetings of the Personnel Commission; furnish necessary information, data, and records; submit proposals and recommendations; and provide technical assistance and advice as required. The Human Resources Department shall provide clerical assistance and maintain files and records for the commission. (Amended by Ordinance 97-07, adopted May 20, 1997; amended by Ordinance No. 11-05, adopted May 31, 2011.) SEC. 2-3.12 POWERS AND DUTIES.
High morale and efficiency of employees will be fostered by cooperative efforts with regular consultation between the Personnel Commission, the City Manager and the Human Resources Director, and representatives of employee associations. Therefore, as an advisory agency to the City Council and the City Manager, the Personnel Commission shall have the power and duty to:
(a) Advise the Council, City Manager, and Human Resources Director on matters of personnel administration.
(b) Ensure the City's employment and personnel practices comply with all applicable Federal and State anti-discrimination laws.
(c) Recommend to the City Council, after a public hearing thereon, the adoption, amendment, or repeal of personnel rules and regulations.
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(Supp. No. 24, Update 1)
(d) Review and adopt, after a public hearing thereon, a classification plan for each position in the City's classified service.
(e) Review and recommend to the City Council for adoption, after a public hearing thereon, a salary plan for the City's classified service.
(f) Review appeals regarding employment register and report its findings and recommendations to the City Manager. Review class specifications to ensure that employment standards are job -related. (g) Review recruitment and selection equal employment opportunity data and make recommendations related to the outreach program to support a program which includes communication to a diverse pool of qualified candidates.
(h) Hear appeals of any person in the classified service relative to any suspension, demotion, or dismissal consistent with the provisions of his/her respective Memorandum of Understanding and report its findings and recommendations to the City Manager.
(i) Make any investigation which it may consider desirable concerning the administration of personnel in City service and report its findings to the City Council and City Manager. (j) Review the training programs provided to City employees regarding the intent and content of the Administrative Rule Against Harassment and Retaliation to ensure City employees are aware of and comply with the provisions of the program.
(k) Perform other related duties as directed by Council. (Amended by Ordinance 97-07, adopted May 20, 1997; amended by Ordinance No. 11-05, adopted May 31, 2011.)
PUBLIC SERVICES/INDUSTRIAL COMMISSION
Note(s)—(Repealed by Ordinance No. 87-032 C.S., adopted November 10, 1987)
AIRPORT COMMISSION
Note(s)—(Repealed by Ordinance No. 81-037 C.S., adopted October 27, 1981)
ENVIRONMENTAL QUALITY COMMISSION
Note(s)—(Repealed by Ordinance No. 87-032 C.S., adopted November 10, 1987)
LIBRARY COMMISSION
SEC. 2-3.50 LIBRARY COMMISSION. MEMBERS.
The Library Commission shall consist of nine (9) members, one (1) of whom shall be designated Chairperson in the manner provided in Section 904 of the Charter. Members of the Library Commission shall serve to the expiration of their present terms of office and the appointment and qualifications of their successors. (Amended by Ordinance No. 74-028 C.S., adopted Oct. 15, 1974; amended by Ordinance 17-12, adopted Sept. 26, 2017)
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SEC. 2-3.51 LIBRARY DEPARTMENT.
The Librarian or his authorized representative shall attend all meetings of the Commission, furnish necessary information, data and records, submit proposals and recommendations, and provide technical and professional assistance and advice to the Commission, as required.
The Library Department shall provide clerical help and maintain files and records for the Commission.
SEC. 2-3.52 POWERS AND DUTIES.
As an advisory agency to the City Council, the Library Commission shall have the power and duty to:
1. Study, consider, and develop long-range plans for municipal library service in the City of Hayward, giving due consideration to the Master Plan for the City of Hayward.
2. Review and study library policy and operation and make recommendations from time to time to the City Manager concerning rules and regulations for operation of the Library, and also to the City Council when it deems it proper.
3. At regular intervals, and at least annually, report on its activities and give recommendations on library policies and plans for development of library service to the City Council.
4. Coordinate its activities and planning with other agencies concerned with library services in the Hayward area which are not under jurisdiction of the City of Hayward.
5. Perform other related duties as directed by Council.
INDUSTRIAL COMMISSION
Note(s)—(Repealed by Ordinance No. 81-036 C.S., adopted October 27, 1981)
HUMAN SERVICES COMMISSION
Note(s)—(Repealed by Ordinance No. 11-10, adopted September 20, 2011)
CITIZENS ADVISORY COMMISSION
Note(s)—(Repealed by Ordinance No. 11-10, adopted September 20, 2011)
COMMUNITY SERVICES COMMISSION
Note(s)—(Added by Ordinance No. 11-10, adopted September 20, 2011) SEC. 2-3.90 POLICY.
It is the public policy of the City of Hayward to: (1) encourage the development of a planned and orderly approach to the development of community services in the City; (2) identify the needs for community services, to plan for the coordinated delivery of such services to residents in need through both private and public resources so as to avoid duplication and conflict of effort; and (3) create and sustain an environment which will encourage and bring about mutual understanding and respect among all groups of the City, eliminate prejudice, discrimination, and disorder, and guarantee equal rights and opportunities for all.
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The City Council of the City of Hayward finds that there is a need on the part of the City and the community to institute an official, responsible, community-oriented body within the City government in order to identify the needs for community services, to plan for the coordinated delivery of such services to citizens in need through both private and public resources so as to avoid duplication and conflict of effort, to evaluate the effectiveness of the services provided and to advise the City Council in regard to these functions, to support community improvement goals, to help solve community problems, and to serve as the Citizens Review mechanism of federally financed or aided projects.
SEC. 2-3.91 COMMUNITY SERVICES COMMISSION MEMBERS.
The Community Services Commission shall consist of no fewer than seventeen (17) members, one (1) of whom shall be designated Chairperson in the manner provided in section 904 of the Charter. Members of the former Human Services Commission or the Citizens Advisory Commission, who hold office as of the date effective date of this Article, shall serve as the initial members of the Community Services Commission until their terms of office, which terms shall be deemed to have begun at the time of their original appointment or subsequent reappointment to the former commissions, shall expire and their successors are appointed or qualified in accordance with the provisions of Section 902 of the Charter.
The Chairperson shall preside at all meetings and shall report directly to the City Council on all recommendations of the Commission.
The Commission shall adopt rules and regulations for the conduct of its business, for the time and place of its meetings, and any such rules and regulations shall be printed and made available to the public.
SEC. 2-3.92 LIBRARY AND COMMUNITY SERVICES DEPARTMENT.
The Director of Library and Community Services, or his/her authorized representative, shall attend all meetings of the Commission, furnish necessary information, data and records, submit proposals and recommendations and provide technical assistance and advice as required. The Library and Community Services Department shall provide clerical help and maintain files and records of the Commission.
SEC. 2-3.93 POWERS AND DUTIES.
As an advisory agency to the City Council, the Community Services Commission shall have the power and duty to:
1. Advise the City of Hayward as to the most effective means of allocating available resources for community services.
2. Promote interagency and intergroup coordination in the development of community social resources.
3. Review and study problems and needs of the community programs and develop effective support needed to secure additional resources either through private channels or through the City or other instrumentalities of the government.
4. Monitor relationship/balance of funding patterns by public and private agencies ensuring fair distribution for the local jurisdiction.
5. Work together with other governmental agencies in keeping abreast of new and current developments in the field of social services in order to maximize the beneficial impact of social programs on the City.
6. By persuasion and conference seek to arrive at voluntary solutions designed to discourage and prevent any and all recognized discriminations based upon race, sex, religion, national origin, age, handicap,
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sexual orientation, and all other protected categories of persons, if any, under federal and state law, and particularly those discriminations in the areas of housing, employment, and education.
7. Hold hearings and take testimony of any person relating to any matter under investigation or in question before the Commission.
8. Make recommendations which will help to develop a sense of community among those concerned with people serving efforts in Hayward and to create awareness and cooperation between the City and those groups doing social service work in the area.
9. Make and issue reports respecting its studies, research, investigations and other activities, and make information available to other commissions and staff as required.
10. Recommend to the City Council legislation or other remedial steps which the Commission should find to be necessary and desirable.
Perform other related duties as directed by the City Council.
CITY COUNCIL’S
APPOINTED OFFICIALS HANDBOOK
COMMISSIONS, COMMITTEES AND
KEEP HAYWARD CLEAN AND GREEN TASK FORCE
NOVEMBER 2023
City’s Appointed Officials Handbook 2023 Page 2
On behalf of the City Council, we want to express our appreciation for your interest in serving the City of Hayward. We have developed this Handbook to help you understand the requirements for service on the City’s Commissions/Committees/Task Forces. In addition to the Handbook, the City’s website www.hayward-ca.gov provides useful information.
Welcome to the City! We look forward to working with you.
Office of the City Clerk
City’s Appointed Officials Handbook 2023 Page 3
Introduction to City Government 4
City of Hayward Organization 5
City of Hayward Charter 7
Hayward Strategic Priorities 8
City of Hayward Budget 9
General Information 10
Meeting Responsibilities 19
Conflict of Interest Guidelines 21
Resources 22
City’s Appointed Officials Handbook 2023 Page 4
The City of Hayward operates within a Council-Manager form of government. (City Charter Section 300)
The City of Hayward Council is composed of six Council Members and a Mayor who are elected by the qualified voters of the city at large. The Mayor is the official head of the city for all ceremonial purposes, presides at the meetings of the Council, and signs official documents of the Council. The powers of the Council are subject to the provisions of the City Charter and the Constitution of the State of California. The City Manage r is the head of the administrative branch of the city government.
City commissions are established by the City Charter, the Municipal Code, and the City Council. The Planning Commission is established by the City Charter. All other commissions are established by ordinances. The City Council may also establish committees and task forces by resolution.
Special purpose Advisory Committees are formed at the discretion of the City Council to provide greater public participation in the development of plans and recommendations in relation to a committee's specific assignment. (City Charter 900)
City’s Appointed Officials Handbook 2023 Page 5
City Council members are elected directly by Hayward residents. The City Council is made up of one Mayor and six Council Members.
The Mayor and City Council adopt and implement legislation and policy, as well as appoint the City Manager, City Attorney, City Clerk, and members of various commissions and task forces.
The City Manager is the City’s chief executive officer and appoints all other City staff including department heads. The City Manager is responsible for the daily administration of the City government and provides direction and leadership to the departments in implementing the policies of City Council.
City’s Appointed Officials Handbook 2023 Page 6
City’s Appointed Officials Handbook 2023 Page 7
The City of Hayward Charter was adopted on March 7, 1956. The Charter defines the form of government and its functions and regulations.
Follow the link below for the City of Hayward Charter.
https://www.hayward-ca.gov/your-government/codes-regulations City’s Appointed Officials Handbook 2023 Page 8
In approving the annual budget for the City, the Council establishes priorities. In June 2023, the City Council adopted an updated the City’s Strategic Roadmap, created with input from the community, the City Council, and City staff, which defines a shared vision for the city and identifies the top priorities and projects that need to happen in the coming years to address current gaps in achieving that vision.
FY24-Strategic-Roadmap.pdf (hayward-ca.gov)
City’s Appointed Officials Handbook 2023 Page 9
The City Council adopts an annual City budget for all services. The Council holds budget work sessions in May and June, which are open to the public. The draft budget is also scheduled for a public hearing and adoption in June at a City Council meeting.
For comprehensive information regarding the city budget, follow the link below. http://www.hayward-ca.gov/your-government/documents/budget-documents City’s Appointed Officials Handbook 2023 Page 10
Application Procedure and Membership:
Volunteer service provides a way for residents who have special experience or interest to participate in the City’s decision-making process by advising the City Council and staff on numerous topics.
Applications for service on any Commission, Committee, or Task Force (Council’s Appointed Officials) are valid for one year from the date of receipt and are public record. Applicants for service on the Community Services Commission are required to complete supplemental forms, which are also public documents.
State and local law require that selected members abstain from participation in decisions that may affect financial interests, including sources of income, interests in real property or investments. If appointed, certain members may be required to fill out a disclosure statement which identifies certain financial interests beginning with the immedia te twelve -month period prior to the appointment.
The Community Services Commission supplemental forms will require applicants to identify any organizations, associations, or entities by which they are employed or associated that might be affected by decisions of these bodies.
Planning Commission and Community Services Commission applicants will be required to file the Fair Political Practices Commission Statement of Economic Interests (Form 700), which is a public record.
It is the City Council’s desire for a pplicants for the Planning Commission to h ave applicable experience on other elected/appointed legislative bodies.
Application forms and information that describe duties and time commitments are available from the Office of the City Clerk. Information about the number of vacancies is available from the Office of the City Clerk or on the City’s Commissions & Task Forces webpage.
The City Clerk conducts recruitments for the Council's appointed bodies from April to July annually, with interviews in July and appointments each September. Recruitment for the Hayward Youth Commission is conducted each April and May, with interviews and appointments annually in June.
City’s Appointed Officials Handbook 2017 Page 10
Passage of Measure OO in the November 2020 municipal election amended the Hayward City Charter to remove language restricting appointment to City commissions and other bodies to registered voters. The change opens service on City Council -appointed advisory bodies to City residents who are not registered or who are ineligible to be registered to vote.
To be eligible for appointment to any Commission, Committee or Task Force (Council’s Appointed Officials) a person shall be a resident of the incorporated area of the City of Hayward. (City Charter Section 900)
The City Council will interview eligible applicants at a special Council meeting and will confirm the selections made at a regular Council meeting which will be followed by the administration of Oath of Office by the City Clerk.
No member of any commission shall be a member of any other commission or hold any paid office or employment in the City government, (City Charter Section 900) The Council’s appointed officials serve without compensation but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the Council. (City Charter Section 905) Before members can participate as voting members of their respective bodies, they must take the Oath of Office as required by law. The City Clerk or her designee administers the Oath of Office to appointed members.
Term of Office:
All members are appointed by the City Council, and they could be subject to removal by a motion of at least four affirmative votes of the Council. The Council’s appointed officials shall serve for no more than two and one-half consecutive full terms of four years on any one commission. (Resolution 73-235)
Section 902 of the Charter of the City of Hayward does not apply to the term of office for members of the Keep Hayward Clean and Green Task Force because the Task Force is not a board, commission, or committee as contemplated by the Charter. Its purpose is focused on improving the quality of life in the many diverse neighborhoods in the City through Saturday and other clean- up activities. The Task Force is not delegated with legal or jurisdictional responsibilities as are other boards, commissions, or committees created by the Council.
The term of office for the City’s appointed officials shall terminate when successors are appointed.
City’s Appointed Officials Handbook 2023 Page 12
Members who have successfully completed one term on one of the Council’s appointed bodies may be eligible to be re-appointed to a second term. According to Resolution 87-323, the City Council will remove or not reappoint any commission or task force member who has failed to attend at least seventy-five percent of all regular meetings held during the period September to June. Special meetings held in lieu of regular meetings will be taken into account when preparing the attendance record. Members eligible for reappointment and who have failed to meet the required performance criteria will be required to submit an application to be considered at the same time applications for new candidates are received. The performance criteria consist of the following: attending no less than seventy-five percent of all regular meetings held; complying with training and statutory requirements; being an active and focused participant; and being prepared for meetings, e.g., reviewing the materials in the agenda packet. The Council /Staff Liaison, in concert with the Chair, will provide performance data to the City Clerk, who in turn will forward it to the Council as part of the re-appointment process at the same time applications for new candidates are received.
Current commission members who have served a minimum of two full consecutive terms on the same body will be eligible to request consideration of appointment to a different body. Their request will be considered by City Council during the annual interviews.
Attendance and Vacancies
If a member of a commission absents themselves from three consecutive regular meetings of such commission, unless by permission of such commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified resident of the City, their office shall become vacant and shall be so declared by the Council. (City Charter Section 905) Members shall be required to attend no less than seventy-five percent of all regular meetings held.
If a member misses two consecutive meetings, the staff liaison designated to the Council’s appointed body will notify the City Clerk of said absences. The City Clerk will notify the member in writing that failure by a member to attend three consecutive regular meetings of a commission will be cause for Council to declare the member’s position vacant. After three consecutive absences or in the event attendance at seventy-five percent of meetings is not maintained, the City Clerk will notify the City Council and the City Council will consider next steps for removing a member.
Attendance records will be reviewed by the City Clerk and will issue notices to members with attendance issues. The City Clerk will present an attendance record to the Council during the annual interview process for the Council’s appointed bodies.
The Keep Hayward Clean and Green Task Force considers its “Clean-Up Events” as an invaluable function and therefore equally important of its attendance policy; therefore, the attendance policy in City Resolution 87-323 C.S. related to regular meetings will be extended to clean -up and other events.
City’s Appointed Officials Handbook 2023 Page 13
A member wishing to resign shall submit a letter of resignation to the City Clerk. Once the letter is submitted, the City Clerk will prepare a recommendation for Council to accept the resignation.
Any vacancies in any commission shall be filled by appointment by the Council during the annual appointment process for the City’s Appointed Officials.
As the City Council finds more qualified candidates than available seats to appoint every year, the Council will establish an alternate list when selecting new members. The alternate list will be valid for one year and expire at the beginning of the new recruitment process in April. The process for appointing from the alternate list will involve two separate Council actions: adoption of a resolution accepting the resignation of a member; and adoption of a resolution recommending an alternate from the alternate list to fulfill the vacated position for the remainder of the unexpired term. The City Clerk will ensure the alternate continues to be interested in serving and w ill confirm the alternate’s eligibility status prior to recommending an alternate.
Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted in the office of the City Clerk, and as may be directed by the City Council, the City Clerk will conduct a special recruitment for the purpose of filling the unexpected vacancy.
The City Clerk shall, pursuant to Government Code Section 54972, prepare an appointments list of all regular and ongoing commissions which are appointed by the City Council, which shall contain the information required in said section. All efforts will be made to provide public information relative to vacancies prior to such appointments.
The Brown Act provides that all meetings of a legislative body (commission/task force) of a local agency be open and public, and all public members be permitted to attend and participate, see Government Code section 54953(a). The Act requires posting an agenda, at least 72 hours before a regular meeting, containing a brief description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing Page 13 of 16 on the agenda, see Government Code section 54954.2. Government Code section 54953(b) allows for meetings to occur via teleconference as follows:
1) all teleconference locations must be identified in the notice and agenda of the meeting; 2) each teleconference location must be accessible to the public; 3) members of the public must be allowed to address the legislative body at each teleconference location;
4) the agenda must be posted at each teleconference location; and City’s Appointed Officials Handbook 2023 Page 14
5) at least a quorum of the legislative body must be present within the boundaries of the local agency.
Pursuant to AB 361, until January 1, 2024 the Brown Act allows legislative bodies to meet by teleconference without following the requirements of Government Code section 54953(b) as follows:
1) The meeting occurs during a state of emergency declared by the governor; 2) The posted agenda for the meeting must include the means by which the public can participate via a call-in option or internet-based option; 3) If the public’s ability to view/participate remotely is interrupted, the legislative body can take no action on items until the public’s remote access is restored; 4) The legislative body adopts a resolution every 30 days confirming the continued existence of the state of emergency and the need to continue appearing via teleconference.
Pursuant to AB 2449, until January 1, 2026 the Brown Act allows legislative bodies to meet by teleconference without following the requirements of Government Code section 54953(b) as follows:
1) At least a quorum of the body participates in person at a single physical location that is identified on the agenda, open to the public, and within the boundaries of the agency. 2). The public shall be provided notice of the means to remotely observe the meeting and address the legislative body.
3) A member of the legislative body may participate remotely only in one of two circumstances:
A. With “just cause”, the member can participate remotely after giving notice as soon as possible. AB 2449 defines “just cause” as (a) a family childcare or caregiving need; (b) a contagious illness; (c) a need related to a physical or mental disability that is not otherwise accommodated; or (d) travel while on official business. AB 2449 limits a member to Page 14 of 16 participating remotely under this provision to two (2) meetings per calendar year.
B. In “emergency circumstances,” defined as a physical or family emergency that prevents the member from attending in person, the member can participate remotely by requesting approval to do so from the legislative body. The legislative body may take action on the request as soon as possible, including at the beginning of the meeting, even if there was not sufficient time to place the request formally on the agenda.
City’s Appointed Officials Handbook 2023 Page 15
C. Under either circumstance, the member in question must give a general description of the circumstances relating to their need to appear remotely, but need not disclose any medical diagnosis, disability, or other confidential medical information.
D. The member must disclose if anyone 18 years or older is present in the room with them during the meeting and describe the general nature of their relationship to that person.
E. A member cannot participate solely by teleconference under the new teleconference framework for more than three (3) consecutive months or more than twenty (20) percent of the agency’s regular meetings (or more than two meetings if the agency meets fewer than ten (10) times per year).
Also until January 1, 2026, the Brown Act requires the legislative body to have a procedure for receiving and resolving requests for accommodation pursuant to the Americans with Disabilities Act, and to resolve any doubts in favor of accessibility.
Outside of the limited circumstances authorized by AB 361 and AB 2449, public meetings can still occur via teleconference if the legislative body complies with the general (pre - pandemic) agenda, notice, and quorum requirements of the Brown Act contained in Government Code section 54953(b).
The City Council has expressed a strong preference for commissioners and task force members to attend meetings in person.
Election of Officers:
The Council’s appointed officials shall organize by electing one of its members to serve as the presiding officer at the pleasure of such commission. Each commission shall hold such regular and special meetings as such commission may require. All proceedings shall be open to the public. (City Charter Section 904)
Staff Liaison Role:
Staff support is available to commissions via staff members assigned as liaisons to each appointed body. The staff liaison is responsible for creating meeting schedules, preparing meeting agendas and reports, and notifying the City Clerk of attendance problems, resignations, and members’ change of contact information. The staff liaison is responsible for ensuring that appointed members are oriented about policies and procedures as they relate to the body.
City’s Appointed Officials Handbook 2023 Page 16
The staff liaison is also responsible for updating bylaws by working with members and the City Attorney and sending the original to the City Clerk after formal adoption by the commission.
All communications addressed to a specific appointed body are received by the staff liaison or their designee and relayed to the appointed body. In 2021, members of the Planning Commission were issued City email addresses to receive correspondence in their capacity as members of the Planning Commission. The roster of appointed officials is a public document available in the office of the City Clerk. The roster includes the name, residence or mailing address, and either a home or business telephone number fo r each member. Commissioners may interact with the public; however, if they are contacted by the public outside of a meeting, commissioners should encourage public members to send their comments to the staff liaison or their designee for distribution to all commissioners or come to a meeting and speak during public comment.
Council Liaison Role:
Every year, the Mayor will appoint Council Members to serve as liaisons to the Council’s appointed bodies. It shall be the responsibility of a Council liaison to attend as many commission meetings as possible in order to be aware of current issues, to listen and observe, and to bring back to the Council any needs, requests, or information from a commission. A Council liaison shall not take part in the deliberations of the commission.
Budget:
Budget allocations are not established for commissions; however, funds necessary for the routine business of commissions are included in the departmental budget for each City department which provides staff support to a commission.
The use of the City logo is restricted to communications generated from a City department. The City of Hayward does not provide business cards for members of appointed commissions.
Bylaws:
The Council’s appointed officials may adopt bylaws which are not inconsistent with the City Charter, or other policies that may be established by the Council. Bylaws and bylaw amendments must be reviewed by the Council via a Consent item . Council appointed members should not oversee subject matter already overseen by other commissions, task force, or committees. Bylaws must be filed with the City Clerk.
City’s Appointed Officials Handbook 2023 Page 17
Orientation:
City staff provides annual trainings regarding the structure and the operation of City government and the legal and ethical duties and responsibilities of members of the Council’s appointed bodies.
All members of City commissions are required to attend Ethics and Harassment Prevention trainings either in person/virtual or by completing online training.
This requirement must be fulfilled within six months of the appointment of any member. Record and compliance with this requirement will be maintained in the Office of the City Clerk.
Staff liaisons provide new members with pertinent materials which will assist new members in becoming fully functioning members of the body. Chairpersons are required to become familiar with parliamentary procedure of conducting and presiding over meetings.
Ethics Training:
Assembly Bill 1234, now California Government Code Section 53234 , was signed into law on October 7, 2005. This law requires, among other things, that all local agencies that provide compensation, salary, or a stipend to, or reimburses the expenses of members of a legislative body must provide Ethics Training to local agency officials by January 1, 2007, and every two years thereafter. The Council has determined such training shall be extended to and include all employees and members of advisory bodies, such as commissions, and task forces.
Assembly Bill 1234 requires local officials who are compensated for their service or reimbursed for their expenses to complete ethics training on a biennial basis.
On September 16, 2008, the City Council adopted Resolution 08-130 which amended the Hayward Council Member Handbook by expanding the Ethics Training requirement to members of commissions, task forces, and committees established by Council.
Harassment Prevention Training:
AB 1825 and SB 1343, now California Government Code Section 12950.1 , require immediate and continual Sexual Harassment Prevention Training for supervisors. This law increases the training obligations of all employers with employees within the State of California and extends their obligations beyond the training requirements discussed by the U.S. Supreme Court, the Equal Employment Opportunity Commission ("EEOC"), and other federal and state courts and legisla tive bodies. While AB 1825 and SB 1343 do not specifically define "supervisor," the definition contained in the California Fair Employment and Housing Act ("FEHA") will presumably apply. Under the FEHA, a supervisor is any individual having the authority "to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action be taken if the exercise City’s Appointed Officials Handbook 2023 Page 18
of that authority is not merely routine or clerical in nature, but requires the use of independent judgment. Training is mandatory for all employees who become supervisors after January 1, 2006, within six months of assumption of a supervisory position and once every two years thereafter.
Members of commissions, task forces and committees established by Council are also required to obtain the above-described training.
On October 12, 2010, the City Council adopted Resolution 10 -159, which updated the City’s Harassment Policy by extending the policy against harassment and retaliation to City Council and all appointees.
Assembly Bill 1661, now California Government Code Section 53237 , was signed into law on September 29, 2016. This law requires local agency officials to receive sexual harassment prevention training and education if the local agency provides any type of compensation to those officials. The law also requires an entity that develops curricula to satisfy this requirement to consult with the city attorney regarding its sufficiency and accuracy.
Notwithstanding the foregoing limitations, the Council requires such training for all employees and members of advisory bodies including commissions, committees, and task forces.
City’s Appointed Officials Handbook 2023 Page 19
Public Meetings:
The Brown Act or “Open Meeting Law” is officially known as the Ralph M. Brown Act and is found in the California Government Code § 54950 et seq. The Brown Act was enacted in 1953 to guarantee the public’s right to attend and participate in meetings of local legislative bodies. A legislative body is defined as “A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision -making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.” (Government Code § 54950 (b))
All meetings must be properly noticed under the Brown Act. Meetings include retreats, workshops, and similar types of events. A meeting can be in person, via telephone, or video conference.
According to the Brown Act, the agenda for a regular meeting must be posted in “a location that is freely accessible to members of the public” at least 72 hours before the meeting. Any meeting not on the regular meeting schedule is a special meeting. Notice of a special meeting must be posted at least 24 hours prior to a meeting. Agendas are posted on the bulletin board in front of City Hall, on the bulletin board in the Office of the City Clerk, and on the City’s website.
Meetings that are not noticed are considered serial meetings, which are illegal. “A majority of the members of a legislative body shall not, outside a meeting authorized by the Act, 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.” (Government Code § 54952.2 (b))
A type of unintentional serial meeting could result from improper use of email. To avoid this, members of legislative bodies should never use the “reply to all” function to an email that may be addressed to a quorum of the legislative body. The Brown Act’s 2021 amendments (via AB 992) include messaging via social media as a form of communications that could constitute serial meetings.
Attendance at a public conference is permissible as long as a quorum of the body do not discuss among themselves specific business that is within the subject matter of the jurisdiction. Purely social events are not considered meetings as long as the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the local agency . (Government Code § 54952.2 (c) (5))
Government Code 54954 requires that each legislative body of a local agency, except for advisory committees or standing committees, provide the time and place for holding regular meetings.
City’s Appointed Officials Handbook 2023 Page 20
Government Code 54953 allows meetings to be conducted by teleconferencing under procedures including the requirement that each location be identified in the agenda and made accessible to the public, that all votes must be by roll call, and public comment may be made at any of the noticed locations.
Government Code 54954.3 requires that public comment for regular meetings be allowed on any item of interest to the public that is within the subject matter jurisdiction of the city. At special meetings the public comments can be restricted to the subject matter to be considered at the special meeting.
Government Code 54954.2 allows members of the legislative body or its staff to make brief responses to comments made at public comment but cannot be used to start a discussion between commissioners or to take action in response to comments.
When a meeting is canceled a notice of cancellation shall be posted at all the locations where the notice and the agenda are regularly posted. Interested members of the public shall be noticed as soon as possible.
It is recommended that the Council’s appointed officials follow the procedures for the conduct of meetings as established in the Parliamentary Procedure and Robert’s Rules of Order. In instances where Robert’s Rules of Order are inconsistent with the provisions of the City Charter, the Charter shall take precedence.
While the appointed body is in session, the members should not interrupt the proceedings, any commissioners, or any member of the public who has the floor. Persons attending the meeting should observe the rules and procedures of the legislative body. Membe rs who do not follow the rules for decorum may be asked to leave the meeting.
Council liaison and members of the Council’s appointed bodies have a mutual obligation to accord the utmost courtesy to one another and shall refrain from rude and derogatory remarks, abusive comments, or other chastising, particularly in public.
If a Council liaison has a specific concern about the behavior and/or statements of an individual commission member, they should bring it first to the attention of the commission Chairperson in private. If no resolution is affected, then the matter should be brought to the attention of the Mayor for their action.
Conversely, commission members should discuss a concern about a Council liaison with their respective Chairperson and not go directly to the Mayor or to other Council Members.
Decorum among commission members shall be the same as applicable to the Council.
Copies of rules, bylaws, and meeting minutes of each one of the Council’s appointed bodies shall be kept on file in the Office of the City Clerk where they shall be available for public inspection.
City’s Appointed Officials Handbook 2023 Page 21
Conflict of Interest:
According to Government Code 81000, also known as the “Political Reform Act,” public officials should perform their duties in an impartial manner, free from bias, caused by their own financial interest. The regulation prohibits a commissioner from making, participating in making, or influencing a governmental decision, if the commissioners knows that the decision will have a material financial effect on interests of the Appointed official.
The State Fair Political Practices Commission (FPPC) enforces these prohibitions. Members are encouraged to consult with the City Attorney or the FPPC before participating in a matter that would create a possible conflict of interest. Public officials specified in Government Code 87200, such as planning commissioners, must publicly identify the economic interest that creates the conflict, step down from the dais, and must then leave the room. The identification of the conflict of interest must be made orally and as part of the official record.
The State of California requires that designated individuals who make or participate in making governmental decisions that could affect their personal economic interests file Statements of Economic Interests, Form 700s The Hayward Conflict of Interest Code, Administrative Rule 9.1 specifies the Council’s appointed bodies that are subject to the disclosure requirement. Designated members have 30 days after the date of appointment to file an Assuming Office Statement of Economic Interests with the City Clerk. If a member resigns or is terminated, a Leaving Office Statement of Economic Interests must be filed within 30 days of termination. All designated members are required to file annual statements and will be routinely advised of the deadlines by the City Clerk.
The City of Hayward has a free filing system , NetFile, that allows individuals to create and electronically file their Statements of Economic Interests disclosure reports mandated by the FPPC.
Incompatible Public Offices:
The common law doctrine of incompatible public offices prohibits a public official from occupying two public offices which are incompatible in terms of their duties.
City’s Appointed Officials Handbook 2023 Page 22
Commissions, Committees, and Task Forces
Appointed Bodies | City of Hayward - Official website (hayward-ca.gov)
Council Standing Committees
https://www.hayward-ca.gov/your-government/council-standing-committees
California Law
http://leginfo.legislature.ca.gov/faces/codes.xhtml
Conflict of Interest Code – Admin Rule 9.1
http://static.netfile.com/agency/hwd/AdministrativeRule9.1ConflictofInterestCode.pdf
Current Council’s Appointed Officials
https://www.hayward-ca.gov/your-government/boards-commissions
NetFile
Statement of Economic Interests (SEI) | City of Hayward - Official website (hayward-ca.gov)
Robert’s Rule of Order
http://www.robertsrules.org/
Statement of Economic Interest – Form 700
http://www.fppc.ca.gov/Form700.html
UNIFORM GUIDANCE FOR THE OPERATIONS OF CITY COMMISSIONS
The City Council of the City of Hayward hereby establishes the following protocols and guidelines to govern all City commissions, pursuant to Resolution 25 -xxx. In addition to t he protocols and guidelines set forth herein, all City commissions are governed by the Brown Act, the Public Records Act and applicable sections of the Hayward Municipal Code. The within protocols and guidelines supersede all bylaws or similar protocols previously adopted by individual commissions .
Commissions are authorized to create subcommittees of their members as may be necessary or desirable in order to allocate duties and responsibilities consistent with their mandate.
MEMBERSHIP
Commissions shall consist of members appointed by the City Counc il in accordance with established ordinances and/or resolutions.
OFFICERS
Each commission shall elect a Chair and a Vice Chair annually in October of each calendar year.
These officers shall assume their roles at the first commission meeting following their selection and serve for a term of one year. No other officers are authorized. A Chair may serve a second term if re- elected but may not serve more than two consecutive terms. If no commissioner volunteers to serve as Chair, the position shall default to the most senior commissioner who has not recently served as Chair. Commission members are eligible to serve as Chair only after completing at least one year on the commission.
The duties of the officers shall be as follows:
Chair: The Chair shall preside over all commission meetings, following established rules of procedure to allow for the orderly flow of business in consultation with the staff liaison.
Vice Chair: The Vice Chair shall act in the Chair’s absence and shall assist the Chair in the execution of their office.
TERM OF OFFICE
Commission members are appointed by the City Council and may be removed by a motion supported by at least four affirmative votes of the City Council. Commissioners may serve a maximum of two and one-half consecutive full terms of four years on any one commission.
Commissions serve in an advisory role to the City Council , consistent with their originating ordinances and/or resolutions. Commission members are responsible for reviewing issues within their commission’s purview and making recommendations to the City Council. Commissioners shall operate within their designated scope, and any expansion of responsibilities requires City Council approval to ensure alignment with the commission’s mandate.
ATTENDANCE AND VACANCIES
Commission members are required to attend at least seventy-five (75) percent of all regular meetings held in a calendar year. A commission member’s office shall be declared vacant by the City Council
if they meet any of the following criteria: absence from three (3) consecutive regular meetings of the commission without permission noted in the official minutes ; failure to maintain the required 75% attendance requirement; conviction of a crime involving moral turpitude ; and/or loss of status as a qualified resident of the City.
MEETINGS
All commission meetings shall operate under the Brown Act, which is the California Open Meeting Law. (California Government Code § 54950 et seq.). All meetings must be properly noticed under the Brown Act and in accordance with established resolutions. Each commission shall ratify its meeting schedule for the entire calendar year during its December meeting . Agendas for regular meetings must be posted at least seventy-two (72) hours before each regular meeting in accordance with the Brown Act. Special meetings may be called a s needed, with members notified at least forty-eight (48) hours prior to the special meeting. Teleconference participation is governed by the Brown Act and any modified legislation.
QUORUM
The quorum for any regular or special meeting shall consist of a majority of the currently seated members of the commission.
AGENDA
The agenda shall include the meeting’s location, date, and time, as well as items to be discussed, in compliance with the Brown Act.
ORDER OF BUSINESS
The following order of business shall be observed in conducting regular commission meetings.
Variations for public hearings and work session items are noted in parentheses.
Call to Order
Pledge of Allegiance
AB 2449 Teleconference Notifications and Consideration
Roll Call
Public Comments
(Work Session)
(Public Hearing)
Approval of Minutes
Report Item
Action Item
Commission Reports and Announcements
Staff Announcements
Adjournment
Next Meeting Date
ORDER OF PROCEDURE
The following guidelines apply to general agenda items. Variations for public hearing items are noted in parentheses.
Staff report
Clarifying questions to staff
(Applicant presentation)
(Clarifying questions from Commissioners to Applicant)
Public Comment
Commissioners deliberate, discuss the item
Commissioners vote
MEETING MINUTES
The staff liaison or their designee shall maintain minutes of all commission proceedings, provide a copy to the City Clerk’s office, and upload a copy to the City ’s website – Meeting & Agenda Center.
Meeting minutes are a permanent record and must reflect the name of the commissio n member making a motion, the name of the commissioner member seconding it, and the vote of each commission member for all actions taken.
ORIENTATION
All commission members shall receive annual trainings on the structure and the operations of City government, as well as the legal and ethical duties and responsibilities of the City Council’s appointed bodies.
TRAININGS
Commission members appointed by the City Council are required to complete the Ethics training and Harassment Prevention training within six (6) months of appointment and every two (2) years thereafter.
CONFLICT OF INTEREST/CODE OF ETHICS
Any commission member who has a conflict of interest related to an agenda item shall disclose on the record the nature of the conflict, and then excuse themselves prior to the introduction of the agenda item, as required by law.
Each commission member should work towards maintaining the highest actual and perceived integrity level while sitting on a commission.
Council Appointments List (effective 1/21/25)
Appointed by Mayor Every Two Years or as Needed
COUNCIL’S APPOINTED OFFICER’S COMMITTEE - As Needed, City Hall, Conference Room 4A • Mark Salinas
• Julie Roche
• Dan Goldstein
• Staff: Regina Youngblood, Assistant City Manager 510-583-4304
COUNCIL’S BUDGET & FINANCE COMMITTEE - Monthly, 3rd Wednesday of the month @ 5:30pm, City Hall, Conference Room 2A
• Mark Salinas
• Ray Bonilla, Jr.
• George Syrop
• Staff: Nicole Gonzales, Director of Finance 510-583-4012
COUNCIL ECONOMIC DEVELOPMENT COMMITTEE - Monthly on the 1st Monday of the month @ 5:30PM, City Hall, Conference Room 2A
• Mark Salinas
• Ray Bonilla, Jr.
• Angela Andrews
• Staff: Paul Nguyen, Chief Economic Development Officer 510-583-5546 & Ana Alvarez,, City Manager 510-583-4300
COUNCIL’S HOUSING POLICY & RESOURCE COMMITTEE – Quarterly on the 3rd Thursday (March, June, September, December) @ 6:00PM., City Hall, Conference Room 2A
• Mark Salinas
• George Syrop
• Dan Goldstein
• Staff: Christina Morales, Deputy Director of Development Services 510-583-4243 & Dustin Claussen, Assistant City Manager, 510-583-4302
COUNCIL’S INFRASTRUCTURE & AIRPORT COMMITTEE - Bi-Monthly on the 4th Wednesday (February, April, June, August, October, December) @ 5:30PM, City Hall, Conference Room 2A or Hayward Airport • Mark Salinas
• Angela Andrews
• George Syrop
• Staff: Alex Ameri, Director of Public Works, 510-583-4720
Delegates to Oakland Airport-Community Noise Management Forum:
• Elected Member: Mayor Mark Salinas Citizen Member: Edward Bogue
COUNCIL’S PUBLIC SAFETY COMMITTEE – Bi-Monthly on the 4th Wednesdays (January, March, May, July, September, November) @ 5:30PM, Conference Room 2A
• Mark Salinas
• Julie Roche
• Ray Bonilla, Jr.
• Staff: Ana Alvarez /Dustin Claussen, 510-583-4300
COUNCIL’S SUSTAINABILITY COMMITTEE - Typically meets the 2nd Monday (January, March, May, July, September, and November) @ 5:00PM, City Hall, Conference Room 2A • Francisco Zermeño
• Dan Goldstein
• Julie Roche
• Staff: Alex Ameri, Director of Public Works, 510-583-4720
COUNCIL LIAISON TO
BOARDS, COMMISSIONS AND COMMITTEES (EFFECTIVE 1/21/25)
Appointed by Mayor Every Two Years or as Needed
COMMUNITY SERVICES COMMISSION
Ray Bonilla, Jr.
3rd Wednesday of the month @ 7:00PM – City Hall, Conference Room 2A Staff: Amy Cole-Boom, Community Services Manager, 510-583-4201
LIBRARY COMMISSION
Julie Roche
3rd Monday of the month @ 6:30PM – Main Library – Main Meeting Room Staff: Jayanti Addleman, Library Director, 510-881-7956
PERSONNEL COMMISSION
George Syrop
2nd Thursday quarterly of the month March, June, September, December @ 5:30PM – City Hall, Conference Room 2A
Staff: Brittney Frye, Director of Human Resources, 510-583-4544
YOUTH COMMISSION
Mark Salinas
2nd Mondays of the month (Sept – May) @ 6:30pm, City Hall, Conference Room 2A No meetings July – August
Staff: Ivan Padilla, Lead Program Assistant, Office: 510-583-5382 Cell: 510-427-1649
KEEP HAYWARD CLEAN & GREEN TASK FORCE
Angela Andrews
4th Thursday of the month @ 7:00PM – City Hall, Conference Room 2A Staff: Todd Rullman, Director of Maintenance Services, 510-881-7746
COUNCIL LIAISON COMMITTEES
ALAMEDA COUNTY AGENCIES AND OTHER ORGANIZATIONS (EFFECTIVE 1/21/25) Appointed by Mayor Every Two Years or as Needed
AC TRANSIT INTER-AGENCY LIAISON COMMITTEE – QUARTERLY
• Francisco Zermeño - Delegate
• George Syrop – Delegate
A
LAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT – Monthly on the 2nd Wednesday @ 5:00 PM - Hayward • George Syrop – Delegate
ALAMEDA COUNTY TRANSPORTATION COMMISSION – Monthly on the 4th Thursday @ 2:00 PM - Oakland • Mark Salinas – Delegate
• Julie Roche – Alternate
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY – Monthly on the 4th Wednesday @ 3:00 PM - Oakland • Francisco Zermeño – Delegate
• Dan Goldstein – Alternate
A
SSOCIATION OF BAY AREA GOVERNMENTS - General Assembly – Biannual; usually in April and October - SFO • Francisco Zermeño – Delegate
• Julie Roche – Alternate
AVA COMMUNITY ENERGY JOINT POWERS AUTHORITY (ACE JPA) – Monthly on the 3rd Wednesday @ 6:00 PM – Hybrid or Lake Merritt Room, CSUEB, The Oakland Center in Transpacific Centre • Julie Roche – Delegate
• Dan Goldstein – Alternate
BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD) -
• Mark Salinas
BAY AREA WATER SUPPLY & CONSERVATION AGENCY - Bi-monthly on the 3 rd Thursday beginning in January @ 6:30 PM – at a location central to the three-county district, and not necessarily the same location each month. • Angela Andrews – Delegate (4 Year Term: July 1, 2021 – June 30, 2025)
E
AST BAY DISCHARGERS JOINT POWERS AUTHORITY - Monthly on the 3rd Thursday @ 4:00 PM – San Lorenzo • Angela Andrews – Delegate
• Julie Roche – Alternate
HAYWARD AREA SHORELINE PLANNING AGENCY (HASPA) – Quarterly on the 2nd Thursday (Jan, Apr, July, Oct) @ 3:00 PM Hayward Shoreline Interpretive Center, 4901 Breakwater Ave., Hayward, CA 94545. • Francisco Zermeño – Delegate
• Ray Bonilla, Jr. – Alternate
HAYWARD LOCAL AGENCIES COMMITTEE – Quarterly on the 2 nd Thursday @ 4:30 PM - Hayward City Hall, Conference Room 2A (February, April, July and October)
• Mark Salinas – Delegate
• Julie Roche – Delegate
COUNCIL LIAISON COMMITTEES
ALAMEDA COUNTY AGENCIES AND OTHER ORGANIZATIONS CONT. (EFFECTIVE 1/21/25) Appointed by Mayor Every Two Years or as Needed
HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA – Monthly on the 2nd Wednesday @ 8:00 AM - Hayward • Dan Goldstein– Delegate
• Mark Salinas – Alternate
LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION – Monthly on the 4 th Thursday @ 6:30 PM Various Locations in Alameda County
• Mark Salinas - Delegate
• George Syrop – Alternate
SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY– Biannual in January & July - during the BAWSCA meeting – Foster City
• Angela Andrews – Delegate
S
OUTH HAYWARD FAMILY CENTER PROJECT GOVERNANCE GROUP – As needed • Mark Salinas – Delegate
VOLUNTEER COMMITTEE (NON-OFFICIAL) – As needed
• Mark Salinas – Delegate
MARTIN LUTHER KING JR. COMMITTEE (NON-OFFICIAL) – As needed • Mark Salinas – Delegate
Open & Public VI
A GUIDE TO THE RALPH M. BROWN ACT
REVISED JANUARY 2024
Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
II
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
ACKNOWLEDGEMENTS
ACKNOWLEDGMENTS
Cal Cities thanks the following individuals for their work on this publication:
Brown Act Committee
Tracy M. Noonan, Committee Chair
City Attorney, Thousand Oaks
Amy Ackerman
Town Attorney, Corte Madera; Renne Public Law Group
Sheri Damon
City Attorney, Seaside
Christopher Diaz
City Attorney, Colma and Hillsborough
Best Best & Krieger LLP
Megan J. Marevich
Assistant City Attorney, Mountain View
Javan N. Rad
Chief Assistant City Attorney, Pasadena
Prasanna W. Rasiah
City Attorney, San Mateo
Sujata Reuter
Chief Assistant City Attorney, Santa Clara
Robert Schultz
Attorney
Frank A. Splendorio
City Attorney, Atwater and Plymouth
Best Best & Krieger LLP
Osa Wolff
City Attorney, Orinda
Shute, Mihaly & Weinberger LLP
Cal Cities Staff
Sheri Chapman, General Counsel
Alison Leary, Senior Deputy General Counsel
Janet Leonard, Executive Assistant, Legal Services
1 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
REVISED JANUARY 2024
Open & Public VI
A GUIDE TO THE RALPH M. BROWN ACT
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 2 OPEN & PUBLIC VI: 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, trainings, and workshops of legislative bodies .......................................................21 Serial meetings .......................................................................................................................22 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................25 Location of meetings ..............................................................................................................26 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 .....................................................................33 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings ....................................33 3 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
Non-agenda items ..................................................................................................................34 Responding to the public .......................................................................................................35 The right to attend and observe meetings ............................................................................36 Records and recordings .........................................................................................................37 The public’s right to speak during a meeting ........................................................................38 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 .................................................................51 CHAPTER 6: REMEDIES .......................................................................... 55 Invalidation of action taken ....................................................................................................56 Declaratory relief to determine whether past action violated the act ..................................57 Civil action to prevent future violations .................................................................................57 Costs and attorney’s fees ......................................................................................................58 Misdemeanor penalties ..........................................................................................................58 Voluntary resolution ...............................................................................................................59 4 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
5 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 5 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 & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
6 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 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 discusses, deliberates, or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference or videoconference.
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.
7 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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. Social Media posts, comments, and “likes” can result in a Brown Act violation.
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, and some state legislatures have banned the practice. On the other hand, widespread video streaming and videoconferencing of meetings has greatly expanded public access to the decision-making process.
Narrow exemptions
The express purpose of the Brown Act is to ensure 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 multimember 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 and staff. 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 limits on the time allotted to each speaker. For more information, see chapter 4.
PRACTICE TIP: Think of the
government’s house as being
made of glass. The curtains may
be drawn 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.
8 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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.
Some 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 businesslike, 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.
PRACTICE TIP: Transparency
is a foundational value for
ethical government practices.
The Brown Act is a floor, not a
ceiling, for conduct.
9 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
A local agency’s right to confidentially address certain negotiations, personnel matters, claims, and litigation.
The right of the press to fully understand and communicate public agency decision-making.
A detailed 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 to 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 are 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 titled “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.
10 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1 : IT IS THE PEOPLE’S BUSINESS
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at https://www.calcities.org/home/resources/open-government2. A current version of the Brown Act may be found at https://leginfor.legislature.ca.gov.
ENDNOTES
1 Cal. Gov. Code, § 54950.
2 Cal. Const., Art. 1, § 3, subd. (b)(1).
3 Cal. Gov. Code, § 54953, subd. (a).
4 This 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 Const., Art. 1, § 3, subd. (b)(2). 5 Cal. Gov. Code, § 54952.2, subds. (b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533.
6 Cal. Gov. Code, § 54953.7.
11 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 11 OPEN & PUBLIC VI: 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 12 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 following:
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.
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.
13 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 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 committees on budget and finance or on public safety that are not limited in duration or scope, 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 A majority of the members of a legislative body may attend an open and public meeting of a standing committee of that body, provided the members who are not part of the standing committee only observe.12 For more information, see chapter 3.
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.13 These include some nonprofit corporations created by local agencies.14 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.15 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.16
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
nonexempt 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.”
14 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
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) first leased under Health and Safety Code subsection 32121(p) after Jan. 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.17 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.18 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.19
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.20
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. Possibly, 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. 15 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 is not subject to the Brown Act since such assemblies are not those of a legislative body.21 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.22
County central committees of political parties are also not Brown Act bodies.23 Legal counsel for a governing body is not a member of the governing body, therefore, the Brown Act does not apply to them. But counsel should take care not to facilitate Brown Act violations by members of the governing body.24
ENDNOTES
1 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127. 2 Cal. Gov. Code, § 54952, subds. (a) and (b).
3 Cal. Gov. Code, § 54951; Cal. Health & Saf. Code, § 34173, subd. (g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Cal. Ed. Code § 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 Torres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550.
5 71 Ops.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990). 6 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.
App.4th 354, 362.
7 Cal. Gov. Code, § 54952.1.
8 Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805. 9 Cal. Gov. Code, § 54952, subd. (b)
10 79 Ops.Cal.Atty.Gen. 69 (1996).
11 Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793. 12 Cal. Gov. Code § 54952, subd. (c)(6).
13 Cal. Gov. Code, § 54952, subd. (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 nonvoting board member by the legislative body. Cal. Gov. Code § 54952, subd. (c)(2).
14 Cal. Gov. Code, § 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, 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).
15 International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300 fn. 5.
16 “The Brown Act, Open Meetings for Local Legislative Bodies, ” California Attorney General’s Office (2003), p. 7.
16 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
17 Cal. Gov. Code, § 54952, subd. (d).
18 Cal. Gov. Code, § 54952, subd. (b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 19 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129. 20 56 Ops.Cal.Atty.Gen. 14, 16-17 (1973).
21 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879. 22 Golightly v. Molina (2014) 229 Cal.App.4th 1501, 1513. 23 59 Ops.Cal.Atty.Gen. 162, 164 (1976).
24 GFRCO, Inc. v. Superior Court of Riverside County (2023) 89 Cal.App.5th 1295, 1323; Stockton Newspapers, Inc. v. Redevelopment Agency of the City of Stockton (1985) 171 Cal.App.3d 95, 105 (a series of individual telephone calls between the agency attorney and the members of the body constituted a meeting).
17 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 17 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
Chapter 3
MEETINGS
Brown Act meetings ......................................................................................................... 18 Six exceptions to the meeting definition ..........................................................................18 Collective briefings ............................................................................................................21 Retreats, trainings, and workshops of legislative bodies ................................................. 21 Serial meetings ................................................................................................................. 22 Informal gatherings ...........................................................................................................24 Technological conferencing .............................................................................................. 25 Location of meetings ........................................................................................................ 26 18 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
The Brown Act only applies to meetings of local legislative bodies. It defines a meeting as “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 their 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
19 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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, as 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?”
The 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 reelection and all three participate. All of the candidates are asked their views on a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question?
A. Yes, because the chamber of commerce, not the city, is organizing the debate. The city should not sponsor the event or assign city staff to help organize or run the event. Also, 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. Finally, incumbents participating in the event should take care to limit their remarks to the program set by the chamber and safeguard due process by indicating they will keep an open mind regarding specific applications that might come before the council.
Q. May the three incumbents accept an invitation from the editorial board of a local paper to all candidates to meet as a group and answer questions about and/or debate city issues?
A. No, unlike the chamber of commerce event, this would not be allowed under the Brown Act because it is not an open and publicized meeting. 20 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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, trying to influence the outcome of proceedings before a subordinate body, or discussing the merits with interested parties.
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 that 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, and they must sit where members of the public sit).9 Q. The legislative body establishes a standing committee of two of its five members that 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.
Q. Can the legislative body establish multiple standing committees with partially overlapping jurisdiction?
A. Yes. One result of this overlap in jurisdiction may be that three or more of the members of the legislative body ultimately end up discussing an issue as part of a standing committee meeting. This is allowed under the Brown Act provided each standing committee meeting is publicly noticed and no more than two of the five members discuss the issue at any given standing committee meeting.
21 OPEN & PUBLIC VI: 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 attend the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. As 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. Staff may provide written briefings (e.g., staff updates, emails from the city manager, confidential memos from the city attorney) to the full legislative body, but apart from privileged memos, the written materials may be subject to disclosure as public records as discussed in chapter 4.
Retreats, trainings, and workshops of legislative bodies Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, trainings, or workshops are subject to the requirements of the Brown Act. This is the case whether the gathering focuses on long-range agency planning, discussion of critical local issues, satisfying state-mandated ethics training requirements, or team building and group dynamics.11
22 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
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 include only a portion of a legislative body, but eventually they comprise 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.
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, 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 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 is violated, however, if several one-on-one meetings or conferences lead to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
23 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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?”
The lobbyist and the reporter are facilitating a violation of the Brown Act. 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.”
Agency 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.”
PRACTICE TIP: When briefing
legislative body members,
staff must exercise care not to
disclose other members’ views
and positions.
24 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
The planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act.
Q. Various social media platforms and websites include forums where agency employees and officials can 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.
Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply all” option that may inadvertently result in a Brown Act violation. Staff should consider using the “bcc” (blind carbon copy) option when addressing an email to multiple members of the legislative body and remind recipients not to “reply all.” Social media should also be used with care. A member of the legislative body cannot respond directly to any communication on an internet-based social media platform that is made, posted, or shared by any other member of the legislative body. This applies to matters within the subject matter jurisdiction of the legislative body. For example, if one member of a legislative body “likes” a social media post of one other member of the same body, that could violate the Brown Act, depending on the nature of the post.19
Finally, electronic communications (such as text messaging) among members of a legislative body during a public meeting should be discouraged. If such communications are sent to a majority of members of the body, either directly or through an intermediary, on a matter on the meeting agenda, that could violate the Brown Act. Electronic communications sent to less than a majority of members of the body during a quasi-judicial proceeding could potentially raise due process concerns, even if not per se prohibited by the Brown Act. Additionally, some legislative bodies have rules governing electronic communications during meetings of the legislative body and how their members should proceed if they receive a communication on an agenda item that is not part of the record or not part of an agenda packet.
Informal gatherings
Members of legislative bodies are often 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.20 A gathering at which a quorum of the legislative body discusses matters within their jurisdiction violates the Brown Act even if that gathering occurs in a public place. The Brown Act is not satisfied by public visibility alone. It also requires public notice and an opportunity to attend, hear, and participate.
25 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 does not lessen the potential for a violation of the Brown Act.
Technological conferencing
Except for certain non-substantive 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 modern 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.21 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 audio or video, or both.”22 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:23 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.
All votes must be by roll call.
Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
26 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
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 an open, noticed, and posted teleconference location.
Until Jan. 1, 2026, teleconferencing may also be used on a limited basis where a member indicates their need to participate remotely for “just cause” (e.g., childcare or a contagious illness) or due to “emergency circumstances” (e.g., a physical or family medical emergency).
This teleconferencing option has extremely detailed requirements, and careful review is needed. If the City experiences a technical issue that prevents members of the public from viewing the meeting and/or offering comments virtually, then no further action can be taken until the technical issue is resolved.24
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.25
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:26
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. 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.
27 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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.
Visit the office of its legal counsel for a closed session on pending litigation when to do so would reduce legal fees or costs.27
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.28 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.29
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.30 State law has also allowed for virtual meetings under certain emergency situations.31
ENDNOTES
1 Cal. Gov. Code, § 54952.2, subd. (a).
2 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870. 3 Cal. Gov. Code, § 54954, subd. (a).
4 Cal. Gov. Code, § 54956.
5 Cal. Gov. Code, § 54956.5.
6 Cal. Gov. Code, § 54955.
7 Cal. Gov. Code, § 54952.2, subd. (c).
8 Cal. Gov. Code, § 54952.2, subd. (c)(4).
9 Cal. Gov. Code, § 54952.2, subd. (c)(6). See 81 Ops.Cal.Atty.Gen. 156 (1998). 10 Cal. Gov. Code, § 54953.1.
11 “The Brown Act, ” California Attorney General (2003), p. 10. 12 Cal. Gov. Code, § 54952.2, subd. (b)(1).
13 Stockton Newspapers, Inc. v. Redevelopment Agency of the City of Stockton (1985) 171 Cal.App.3d 95. 14 Cal. Gov. Code, § 54952.2, subd. (b)(2).
15 Common Cause v. Stirling (1983) 147 Cal.App.3d 518.
16 Roberts v. City of Palmdale (1993) 5 Cal.4th 363.
17 Cal. Gov. Code, § 54957.5, subd. (a).
18 Cal. Gov. Code, § 54952.2, subd. (b)(2).
19 Cal. Gov. Code, § 54952.2, subd. (b)(3).
28 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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20 Cal. Gov. Code, § 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964). 21 Cal. Gov. Code, § 54953, subd. (b)(1).
22 Cal. Gov. Code, § 54953, subd. (b)(4).
23 Cal. Gov. Code, § 54953. Until Jan. 1, 2024, the legislative body could use teleconferencing “during a proclaimed state of emergency” by the Governor in specified circumstances, and teleconference locations were exempt from certain requirements, such as identification in and posting of the agenda. 24 Cal Gov. Code, § 54953, subd. (f) (which will become Govt. §54953(e) as of Jan. 1, 2024). 25 Cal. Gov. Code, § 54954, subd. (b).
26 Cal. Gov. Code, § 54954, subd. (b)(1)-(7).
27 94 Ops.Cal.Atty.Gen. 15 (2011).
28 Cal. Gov. Code, § 54954, subd. (c).
29 Cal. Gov. Code, § 54954, subd. (d).
30 Cal. Gov. Code, § 54954, subd. (e).
31 Cal. Gov. Code, § 54953, subd. (e) (exp. January 1, 2026). 29 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 29 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 ................................................................ 33 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 ..................................................................................................35 The right to attend and observe meetings .......................................................................36 Records and recordings ....................................................................................................37 The public’s right to speak during a meeting ................................................................... 38 30 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 open and 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 that 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
31 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
awareness, among other factors.8 For these reasons, obvious website technical difficulties might 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 For a discussion of descriptions for open and closed-session agenda items, see chapter 5. Special care should be made to describe on the agenda each distinct action to be taken by the legislative body, while an overbroad description of a “project” must be avoided if the “project” is actually a set of distinct actions, in which case each action must be listed separately on the agenda.10 For example, the listing of an "initiative measure” alone on an agenda was found insufficient where the agency was also deciding whether to accept a gift from the measure proponent to pay for the election.11 Q. The agenda for a regular meeting contains the following items of business:
• Consideration of a report regarding traffic on Eighth Street. • Consideration of a 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 is listed on the agenda.
Is this permissible?
A. Yes, as 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.12 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 or upon distribution to all, or a majority of all, of the members of the legislative body, whichever occurs first. If the local agency has an internet website, this requirement can be satisfied by emailing a copy of, or website link to, the agenda or agenda packet if the person making the request asks for it to be emailed. Further, if requested, these materials must be made available in appropriate alternative formats to persons with disabilities.
PRACTICE TIP: Putting together a
meeting agenda requires careful
thought.
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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.13
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 each radio and television station that has requested such notice in writing. This notice must be delivered at least 24 hours before the time of the meeting by personal delivery or any other means that ensures receipt.
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, that is, with a brief general description. Some items must appear on a regular, not special, meeting agenda (e.g., general law city adoption of an ordinance or consideration of local agency executive compensation).14 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: at a site that is freely accessible to the public, and 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.15
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.16 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.17 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.18
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Notice requirements for emergency meetings
The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.19 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.
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.20 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.21 However, they are generally consistent with the Brown Act. An item is probably void if not posted.22 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 can address the board on those items.23
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.24 Although 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
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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.25 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act.
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:26
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. 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?”
The 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 even though not on the posted agenda by following a two-step process:
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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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?
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 their own activities.27 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 PowerPoint 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 clear 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 Jefferson 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.
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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.28 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.29 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.30 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.31 Action by secret ballot, whether preliminary or final, is flatly prohibited.32 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.33 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 or disrupt proceedings.34 Ejection is justified only when audience members actually disrupt the proceedings,35 or, alternatively, if the presiding member of the legislative body warns a person that their behavior is disruptive and that continued disruption may result in their removal (but no prior warning is required if there is a use of force or true threat of force).36 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 readmit an individual or individuals not responsible for the disturbance.37
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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.38 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.39 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 contract, 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. Yes. 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.
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 nonexempt or otherwise non-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.40 The location designated for public inspection must be open to the public, not a locked or closed office. Alternatively, the documents can be posted on the city's website for public review if statutory requirements are met.41
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. After the meeting if prepared by some other person.42 This requirement does not prevent assessing a fee or deposit for providing a copy of a public record pursuant to the California Public Records Act except where required to accommodate persons with disabilities.43
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.44 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.45
In addition, the public is specifically allowed to use audio or videotape recorders or still or motion picture cameras at a meeting to record meetings of legislative bodies, absent a reasonable finding by the body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.46
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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.47
The public’s right to speak during a meeting
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, as 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.48
Q. Must the legislative body allow members of the public to show videos or make a PowerPoint 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. Probably, although the agency is under no obligation to provide equipment.
Moreover, the Brown Act, as well as case law, prevents legislative bodies from prohibiting public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself.49 However, this prohibition does not provide immunity for defamatory statements.50
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 purely 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 where relevant to the governing of the agency and an implicit criticism of the incumbents’ performance of city business.
The legislative body may adopt reasonable regulations, including a limit on the total time permitted for public comment and a limit on the time permitted per speaker.51 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.52
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 regular (but not special) public meeting if all interested members of the public had the opportunity to 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.
39 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
speak on the item before or during its consideration, and if the item has not been substantially changed.53
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.54
ENDNOTES
1 Cal. Gov. Code, § 54954.2, subd. (a)(1).
2 78 Ops.Cal.Atty.Gen. 327 (1995).
3 88 Ops.Cal.Atty.Gen. 218 (2005).
4 Cal. Gov. Code, §§ 54954.2, subd. (a)(1) and 54954.2, subd. (d). 5 Cal. Gov. Code, § 54960.1, subd. (d)(1).
6 99 Ops.Cal.Atty.Gen. 11 (2016).
7 North Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432.
8 99 Ops.Cal.Atty.Gen. 11 (2016).
9 Cal. Gov. Code, § 54954.2, subd. (a)(1).
10 San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of California Environmental Quality Act [CEQA] action [mitigated negative declaration] without specifically listing it on the agenda violates the Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis). See also GI Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814 (depublished) (Brown Act requires CEQA finding of exemption to be listed on agenda items that are projects under CEQA). 11 Hernandez v. Town of Apple Valley (2017) 7 Cal.App.5th 194. 12 Cal. Gov. Code, § 54954.5.
13 Cal. Gov. Code, § 54954.1.
14 Cal. Gov. Code, §§ 36934; 54956, subd. (b).
15 Cal. Gov. Code, § 54956, subds. (a) and (c).
16 Cal. Gov. Code, § 54955.
17 Cal. Gov. Code, § 54954.2, subd. (b)(3).
18 Cal. Gov. Code, § 54955.1.
19 Cal. Gov. Code, § 54956.5.
20 Cal. Gov. Code, § 54952.3.
21 Cal. Edu. Code, §§ 35144, 35145, and 72129.
22 Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196. 23 Cal. Edu. Code, § 35145.5
24 Cal. Edu. Code, § 54954.6
25 See Cal. Const. Art. XIIIC, XIIID; Cal. Gov. Code, § 54954.6, subd. (h). 26 Cal. Gov. Code, § 54954.2, subd. (b).
27 Cal. Gov. Code, § 54954.2, subd. (a)(2); Cruz v. City of Culver City (2016) 2 Cal.App.5th 239 (six- minute colloquy on non-agenda item with staff answering questions and advising that matter could be placed on future agenda fell within exceptions to discussing or acting upon non-agenda items).
40 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
28 Cal. Gov. Code, § 54953.3.
29 Cal. Gov. Code, § 54961, subd. (a); Cal. Gov. Code, § 11135, subd. (a). 30 Cal. Gov. Code, § 54952.2, subd. (c)(2).
31 Cal. Gov. Code, § 54953, subd. (b).
32 Cal. Gov. Code, § 54953, subd. (c).
33 Cal. Gov. Code, § 54953, subd. (c)(2).
34 Cal. Gov. Code, §§ 54957.9, 54957.95.
35 Norse v. City of Santa Cruz (9th Cir. 2010) 629 F .3d 966 (silent and momentary Nazi salute directed toward 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); but see Kirkland v. Luken (S.D. Ohio 2008) 536 F .Supp.2d 857 (finding no First Amendment violation by mayor for turning off microphone and removing speaker who used foul and inflammatory language that was deemed as "likely to incite the members of the audience during the meeting, cause disorder, and disrupt the meeting”).
36 Cal. Gov. Code, § 54957.95.
37 Cal. Gov. Code, § 54957.9.
38 Cal. Gov. Code, § 54957.5.
39 Cal. Gov. Code, § 54957.5, subd. (d).
40 Cal. Gov. Code, § 54957.5(b); see also Sierra Watch v. Placer County (2021) 69 Cal.App.5th 1. 41 Cal. Gov. Code § 54957.5.
42 Cal. Gov. Code, § 54957.5, subd. (c).
43 Cal. Gov. Code, § 54957.5, subd. (d).
44 Cal. Gov. Code, § 54953.5, subd. (b).
45 Cal. Gov. Code, § 54957.5, subd. (d).
46 Cal. Gov. Code, § 54953.5, subd. (a).
47 Cal. Gov. Code, § 54953.6.
48 Cal. Gov. Code, § 54954.3, subd. (a).
49 Cal. Gov. Code, § 54954.3, subd. (c); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F .3d 800. 50 Cal. Gov. Code, § 54954.3, subd. (c).
51 Ribakoff v. City of Long Beach (2018) 27 Cal.App.5th 150 (public comment time limit of three minutes for each speaker did not violate First Amendment).
52 Cal. Gov. Code, § 54954.3. subd. (b); Chaffee v. San Francisco Public Library Commission (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992).
53 Cal. Gov. Code, § 54954.3, subd. (a); Preven v. City of Los Angeles (2019) 32 Cal.App.5th 925. 54 Cal. Gov. Code, § 54954.3, subd. (a).
41 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 41 OPEN & PUBLIC VI: 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 ............................................................51 42 OPEN & PUBLIC VI: 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. However, there is no prohibition in putting overlapping exceptions on an agenda in order to provide an opportunity for more robust closed session discussions. As an example, a city council cannot give direction to the city manager about a property negotiation during a performance evaluation exception. However, if both real property negotiation and performance evaluation exceptions are on the agenda, those discussions might be conducted.
Similarly, 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 applies 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 put on the agenda as a 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.
43 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 that provide a “safe harbor” from legal attacks. These sample 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, multijurisdictional 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 The legislative body must take public comment on the closed session item before convening in a closed session.
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 vary 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, as 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
The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation.13 The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. Essentially, 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.
44 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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. Yes, 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.19
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.20
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.21 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. If an agency receives a documented threat of litigation, and intends to discuss that matter in closed session, the record of a litigation threat must be included in the body’s agenda packet.22
45 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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 session.
Other actions, such as when final approval rests with another party or the court, may be announced when they become final and upon inquiry of any person.23 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.24 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.25
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,26 and the names of the parties with whom its negotiator may negotiate.27 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.28 “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.” 46 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed 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.
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.”29 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.30 The body must possess the power to appoint, evaluate, or dismiss the employee to hold a closed session under this exception.31 That authority may be delegated to a subsidiary appointed body.32 An employee must be given at least 24 hours’ notice of any closed session convened to hear specific complaints or charges against them. 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,33 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.34 The employee has the right to have the specific complaints and charges discussed in a public session rather than closed session.35 If the employee is not given the 24-hour prior notice, any disciplinary action is null and void.36
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.37 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.38 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.
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.
47 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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.39 Action on individuals who are not “employees” must also be public — including discussing and voting on appointees to committees, debating the merits of independent contractors, or considering a complaint against a member of the legislative body itself.
The personnel exception specifically prohibits discussion or action on proposed compensation in closed session except for a disciplinary reduction in pay. That means, among other things, 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.40 However, a report on a dismissal or non-renewal of an employment contract must be deferred until administrative remedies, if any, are exhausted.41
“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.”
This 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 must be exercised not to 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,42 on employee salaries and fringe benefits for both represented (“union”) and unrepresented 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.43
PRACTICE TIP: The personnel
exception specifically prohibits
discussion or action on
proposed compensation in
closed session except for a
disciplinary reduction in pay.
48 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
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.
During its discussions with representatives on salaries and fringe benefits, the legislative body may 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.44 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.45 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 arbitrator.
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.46 Public participation under the Rodda Act also takes another form.47 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.48 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.49
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.50 Kindergarten through 12th grade districts may also meet in closed session to review the contents of the statewide assessment instrument.51
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.
49 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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.52 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 it, the body must deny the license in public, either 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.53
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.54 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 ongoing criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.55 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.56 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:57
1. A meeting to hear reports of hospital medical audit or quality assurance 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. 50 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A “trade secret” is defined as information that is not generally known to the public or competitors and that (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.58 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 review the Brown Act carefully 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,59 consideration of the purchase or sale of particular pension fund investments by a legislative body of a local agency that invests pension funds,60 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,61 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,62 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.63 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 or essential role in the closed session subject matters must be excluded from closed sessions.65
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.
PRACTICE TIP: Meetings are
either open or closed. There is
nothing “in between.”64
51 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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.66 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.67 Only the legislative body acting as a body may agree to divulge confidential closed session information. With regard to attorney-client privileged communications, the entire body is the holder of the privilege, and only the entire body can decide to waive the privilege.68 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 regarding pending litigation that was received during a closed session,69 though the Attorney General has also concluded that a local agency is preempted from adopting an ordinance criminalizing public disclosure of closed session discussions.70 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, disciplinary action against an employee and referral of a member of the legislative body to the grand jury.71 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.72 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.” The 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.73 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.
52 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
ENDNOTES
1 Cal. Gov. Code, § 54962.
2 Cal. Const. , Art. 1, § 3.
3 61 Ops.Cal.Atty.Gen. 220 (1978); but see Cal. Gov. Code, § 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 Cal. Gov. Code, § 54957.1.
5 Cal. Gov. Code, § 54954.5.
6 Cal. Gov. Code, § 54954.2.
7 Cal. Gov. Code, § 54954.5.
8 Cal. Gov. Code, §§ 54956.9, 54957.7.
9 Cal. Gov. Code, § 54957.1, subd. (a).
10 Cal. Gov. Code, § 54957.1, subd. (b).
11 Cal. Gov. Code, § 54957.2.
12 Hamilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal. Code Regs. § 18707. 13 But see Roberts v. City of Palmdale (1993) 5 Cal.4th 363 (protection of the attorney-client privilege alone cannot by itself be the reason for a closed session). 14 Cal. Gov. Code, § 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 Ops.Cal.Atty.Gen. 29 (1999).
16 Page v. Miracosta Community College District (2009) 180 Cal.App.4th 471. 17 “The Brown Act, ” California Attorney General (2003), p. 40. 18 Cal. Gov. Code, § 54956.9, subd. (g).
19 See e.g., Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785; Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172. 20 Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172. 21 Cal. Gov. Code, § 54956.9, subd. (e).
22 Fowler v. City of Lafayette (2020) 46 Cal.App.5th 360. 23 Cal. Gov. Code, § 54957.1.
24 Cal. Gov. Code, § 54956.8.
25 Shapiro 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).
26 73 Ops.Cal.Atty.Gen. 1 (1990).
27 Cal. Gov. Code, §§ 54956.8, 54954.5, subd. (b).
28 Cal. Gov. Code, § 54957.1, subd. (a)(1).
29 Cal. Gov. Code, § 54957, subd. (b).
30 63 Ops.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). 53 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
31 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002).
32 Gillespie 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. 33 Cal. Gov. Code, § 54957, subd. (b)(3).
34 88 Ops.Cal.Atty.Gen. 16 (2005).
35 Morrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860. 36 Cal. Gov. Code, § 54957, subd. (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). 37 78 Ops.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.
38 Moreno v. City of King (2005) 127 Cal.App.4th 17.
39 Cal. Gov. Code, § 54957.
40 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165. 41 Cal. Gov. Code, § 54957.1, subd. (a)(5).
42 Cal. Gov. Code, § 54957.6.
43 Cal. Gov. Code, § 54957.6, subd. (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).
44 Cal. Gov. Code, § 54957.6; 51 Ops.Cal.Atty.Gen. 201 (1968). 45 Cal. Gov. Code, § 54957.1, subd. (a)(6).
46 Cal. Gov. Code, § 3549.1.
47 Cal. Gov. Code, § 3540.
48 Cal. Gov. Code, § 3547.
49 Cal. Edu. Code, § 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).
50 Cal. Edu. Code, § 72122.
51 Cal. Edu. Code, § 60617.
52 Cal. Gov. Code, § 54956.96.
53 Cal. Gov. Code, § 54956.7.
54 Cal. Gov. Code, § 54957.
55 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.
App.4th 354.
56 Cal. Gov. Code, § 54957.8.
57 Cal. Gov. Code, § 54962.
58 Cal. Health and Saf. Code, § 32106.
59 Cal. Gov. Code, § 54956.75.
60 Cal. Gov. Code, § 54956.81.
54 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
61 Cal. Gov. Code, § 54956.86.
62 Cal. Gov. Code, § 54956.87.
63 Cal. Gov. Code, § 54956.95.
64 Ops.Cal.Atty.Gen. 34 (1965)
65 82 Ops.Cal.Atty.Gen. 29 (1999); 2022 WL 1814322, 105 Ops. Cal.Atty.Gen. 89 (2022). 66 Cal. Gov. Code, § 54963.
67 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 327. See also Cal. Gov. Code, § 54963. 68 Roberts v. City of Palmdale (1993) 5 Cal.4th 363.
69 80 Ops.Cal.Atty.Gen. 231 (1997).
70 76 Ops.Cal.Atty.Gen. 289 (1993).
71 Cal. Gov. Code, § 54963.
72 Cal. Gov. Code, § 54963.
73 Cal. Gov. Code, § 54957.1.
55 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 55 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
Chapter 6
REMEDIES
Invalidation of action taken .............................................................................................. 56 Declaratory relief to determine whether past action violated the act .............................57 Civil action to prevent future violations ............................................................................57 Costs and attorney’s fees ................................................................................................. 58 Misdemeanor penalties .................................................................................................... 58 Voluntary resolution ..........................................................................................................59 56 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
A violation of the Brown Act can lead to invalidation of the agency’s action, payment of a challenger’s attorney fees, public embarrassment, and even criminal prosecution. As explained below, a legislative body often has an opportunity to correct a violation prior to the filing of a lawsuit. 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 of action taken
Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the grounds that they violate the Brown Act.1 The following actions cannot be invalidated:
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 the wrong Brown Act section but adequately advises the public that the legislative body 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.3
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.4
Those connected with the collection of any tax.5
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.6
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 within 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that a legislative body may act only on items posted on the agenda.7 The legislative body then has up to 30 days to cure and correct its action.8 The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and, if so, consider correcting the action to avoid the costs of litigation. If the legislative body does not act, any lawsuit must be filed within the next 15 days.9
Chapter 6
REMEDIES
57 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
Although just about anyone has standing to bring an action for invalidation,10 the challenger must show prejudice as a result of the alleged violation.11 An action to invalidate fails to state a cause of action against the agency if the body deliberated but did not take an action.12 Declaratory relief to determine whether past action violated the act Any interested person, including the district attorney, may file a civil action to determine whether a past action of a legislative body constitutes a violation of the Brown Act and is subject to a mandamus, injunction, or declaratory relief action.13 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.14 The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.15 If the body fails to take any action within the 30-day period or takes an action other than an unconditional commitment, the interested person has 60 days to file an action.16
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.17 The unconditional commitment must be substantially in the form set forth in the Brown Act.18 No legal action may thereafter be commenced regarding the past action.19 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.20
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.21
Civil action to prevent future violations
The district attorney or any interested person can file a civil action asking the court to do the following:
Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body.
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.
Compel the legislative body to audio-record its closed sessions.22 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.
58 OPEN & PUBLIC VI: 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 when the public agency refuses to admit to the alleged violation or to renounce or curtail the practice.23 A court may not compel elected officials to disclose their recollections of what transpired in a closed session.24 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to audio record its future closed sessions.25 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 audio recording if it finds there is good cause to think the Brown Act has been violated and make public a certified transcript of the relevant portion of the closed session recording.26 Costs and attorney’s fees
A plaintiff 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.27 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 Brown 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.28 Misdemeanor penalties
A violation of the Brown Act is a misdemeanor if (1) a member of the legislative body attends a meeting where action is taken in violation of the Brown Act, and (2) the member intends to deprive the public of information that the member knows or has reason to know the public is entitled to.29 “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.30 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.31 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.
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 1222.32 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.33
PRACTICE TIP: Attorney’s fees
will likely be awarded if a
violation of the Brown Act is
proven.
59 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
Voluntary resolution
Successful enforcement actions for violations of the Brown Act can be costly to local agencies. 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 and its members. It is in the agency’s interest 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.
Overall, 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 Cal. Gov. Code, § 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 they are subject to the other remedies listed in section 54960.1. 2 Castaic Lake Water Agency v. Newhall County Water District (2015) 238 Cal.App.4th 1196, 1198. 3 Cal. Gov. Code, § 54960.1(d)(2).
4 Cal. Gov. Code, § 54960.1(d)(3).
5 Cal. Gov. Code, § 54960.1(d)(4).
6 Cal. Gov. Code, § 54960.1(d)(5).
7 Cal. Gov. Code, § 54960.1, subds. (b), (c)(1).
8 Cal. Gov. Code, § 54960.1, subd. (c)(2).
9 Cal. Gov. Code, § 54960.1, subd. (c)(4).
10 McKee v. Orange Unified School District (2003) 110 Cal.App.4th 1310, 1318-1319. 11 Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561. 12 Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118. 13 Cal. Gov. Code, § 54960.2, subd. (a); Senate Bill No. 1003, Section 4 (2011-2012 Session). 14 Cal. Gov. Code, § 54960.2, subds. (a)(1), (2).
15 The legislative body may provide an unconditional commitment after the 30-day period. If the commitment is made after the 30-day period, however, the plaintiff is entitled to attorneys’ fees and costs. Cal. Gov. Code, § 54960.2, subd. (b).
16 Cal. Gov. Code, § 54960.2, subd. (a)(4).
17 Cal. Gov. Code, § 54960.2, subd. (c)(2).
Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
60 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
18 Cal. Gov. Code, § 54960.2, subd. (c)(1).
19 Cal. Gov. Code, § 54960.2, subd. (c)(3).
20 Cal. Gov. Code, § 54960.2, subd. (d).
21 Cal. Gov. Code, § 54960.2, subd. (e).
22 Cal. Gov. Code, § 54960, subd. (a).
23 California 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 and fn.6.
24 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36. 25 Cal. Gov. Code, § 54960, subd. (b).
26 Cal. Gov. Code, § 54960, subd. (c).
27 Los Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal.
App.4th 1313, 1327-29 and cases cited therein.
28 Cal. Gov. Code, § 54960.5.
29 Cal. Gov. Code, § 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. 30 Cal. Gov. Code, § 54952.6.
31 61 Ops.Cal.Atty.Gen. 283 (1978).
32 California 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. ” 33 The 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.
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HARASSMENT PREVENTION AND ETHICS TRAININGS
Members of City commissions and the Keep Hayward Clean and Green Task Force are required to complete the Ethics Training and Harassment Prevention Training within six months of appointment and every two years thereafter.
FREE ONLINE ETHICS TRAINING
Offered through the California Attorney General’s website and made available by the Fair Political Practices Commission (FPPC) for local officials and appointed officials at no cost at the following web link: https://oag.ca.gov/ethics
• Under the section For Local Officials, select the training titled AB 1234 – Local Ethics Training (link: http://localethics.fppc.ca.gov/login.aspx) Please be sure that you remain logged in for at least two hours to receive full credit for the course. At the end of the two-hour training session, please print the certificate of completion and submit it to the City Clerk’s office.
FREE ONLINE HARASSMENT PREVENTION TRAINING
Offered through VectorSolutions, which is an internet-based training and compliance program to fulfill this state mandated requirement at the following web link:
http://www.targetsolutions.com/hayward
Log in with the following information:
• Username: Your email address on file with the City of Hayward • Temporary Password: Hayward777b!!
Questions related to the online Harassment Prevention training should be directed to Valeria Cazares, Human Resources Technician, at (510) 583-4522 or [email protected] Please be sure that you remain logged in for at least two hours to receive full credit for the course. At the end of the two-hour training session, please print the certificate of completion and submit it to the City Clerk’s office.
Should you have any questions , please contact the City Clerk’s office at (510) 583-4400 or [email protected].
CODE OF CONDUCT
(we need to create this document)
OFFICE OF THE CITY CLERK T: 510.583.4400
777 B Street, Hayward, CA 94541 www.hayward-ca.gov
February 10, 2025
NAME
ADDRESS
Subject: Statement of Economic Interests (Form 700) – Assuming Office Statement
Dear NAME:
The City’s Conflict of Interest Code designates your position as being required to file a Statement of Economic Interests (Form 700).
Your position as a member of the Planning Commission is a designated position; therefore, you are required to file the Assuming Office Statement within 30 days from September 17, 2024.
Your Assuming Office Statement will be due on or before October 17, 2024. Except for deadlines that fall on Saturday, Sunday, or an official state holiday, there is no provision in the law for an extension of a filing deadline. Late statements are subject to a $10 per day fine.
If you prefer to file electronically, you can use the City of Hayward’s e-filing system to create your Statement of Economic Interests (Form 700). To e-file your Form 700:
1. Log in to the system at: http://www.hayward-ca.gov/your-government/departments/city- clerks-office/statement-economic-interests-sei
2. Click on Filer Access Portal
3. The e-mail address assigned to you in the system is: EMAIL
4. To receive a password from the system, click on the “New User? Request a Password” link. Submit your e -mail address to receive an e -mail from the system containing a link to reset your password. Click on the link to display a web page containing your password.
Make sure to record your password.
5. Log in using your e-mail address and password and 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, or submit a paper copy of your e-filed statement.
OFFICE OF THE CITY CLERK T: 510.583.4400
777 B Street, Hayward, CA 94541 www.hayward-ca.gov
NAME -2- February 10, 2025
If you have any questions, please send an email to [email protected] or call my office at (510) 583-4400.
Sincerely,
_______________________
Miriam Lens
City Clerk
ML: ba
Enclosures: Form 700
City of Hayward Conflict of Interest Code
FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE
*Two full terms completed.
**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025
COMMUNITY SERVICES COMMISSION (17 members, 3 vacancies)
Council Liaison: Ray Bonilla Jr., Staff Liaison: Amy Cole-Bloom, Community Services Manager (510-583-4252) Meets monthly, 3rd Wednesday, 7:00 p.m., Conference Room 2A
FIRST
NAME LAST NAME ADDRESS DATE TERM
Appointed Expires
1 Elaine Alvite 9/11/2022 9/30/2028
2 Guadalupe Angulo 9/12/2023 9/30/2026
3 Amardeep Brar 9/12/2023 9/30/2025
4 Hoang Dao 12/12/2023 9/30/2026
5 Hazel De Leon 1/18/2022 9/30/2025
6 Jesse Gunn 9/12/2023 9/30/2026
7 Janet Kassouf 9/15/2015(*) 9/30/2025
8 Yoshiko Kimura 9/12/2023 9/30/2027
9 Daisy Maxion 9/12/2023 9/30/2025
10 Linda Moore*** 9/18/2018 9/30/2025
11 Jagdeep Singh 9/20/2022 9/30/2025
12 Mariana Triviso 9/12/2023 9/30/2027
13 Lenita Wheeler 9/20/2022 9/30/2025
14 Calvin Wong 9/12/2023 9/30/2025
15 VACANCY (Tyne Johnson resigned 9/30/24; term was expired 9/30/24) 16 VACANCY (Collin Thormoto resigned 10/8/24; term was expiring 9/30/26) 17 VACANCY (Austin Bruckner Carrillo resigned 12/16/24; term expiring 9/30/27)
FO
R INTERNAL USE ONLY. DO NOT DISTRIBUTE
*Two full terms completed.
**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025
LIB
RARY COMMISSION (9 members)
Council Liaison: Julie Roche, Staff Liaison: Jayanti Addleman, Director of Library Services (510-881-7956) Meets monthly, 3rd Monday, 6:30 p.m., Conference Room 2A FIR ST
NAME LAST NAME ADDRESS DATE
APPOINTED
TERM
EXPIRES
1 Joshua De Miguel 9/17/2024 9/30/2025
2 Dominique Dozier*** 9/12/2023 9/30/2027
3 Valerie Fredericks 9/17/2024 9/30/2025
4 Shonda Goward** 9/21/2021 9/30/2026
5 Marhya Kelsch 1/23/2024 9/30/2027
6 Amalia Navarro 9/15/2020 9/30/2028
7 Crystal Porter 9/12/2023 9/30/2027
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9 Suresh Sangiah 9/10/2019 9/30/2025
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**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025
PERSONNEL COMMISSION (7 members, 1 vacancy)
Council Liaison: George Syrop, Staff Liaison: Brittney Frye, Director of Human Resources (510-583-4544) Meets quarterly, 2nd Thursday of March, June, September, December, 5:30 p.m., Conference Room 2A
FIRST
NAME
LAST
NAME ADDRESS DATE
APPOINTED
TERM
EXPIRES
1 Erika Cortez 9/18/2018 9/30/2027
3 Linda Gruel Neff 9/17/2024 9/30/2027
4 Rebecca Parr 9/17/2024 9/30/2028
5 Lucy Woo 9/20/2022 9/30/2026
6 Randy Wright** 9/10/2019 9/30/2027
7 VACANCY (Denise Thompson resigned 9/23/24; term expiring 9/30/26) 7 VACANCY (Jadesola Edwards resigned 11/13/24; term expiring 9/30/26)
FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE
*Two full terms completed.
**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025
PLANNING COMMISSION (7 members)
Staff Liaison: Sara Buizer, Director of Development Services (510-583-4191) & Jeremy Lochirco, Planning Manager (510-583-4239) Meets twice monthly, 2nd & 4th Thursday, 7:00 p.m., Hybrid- Council Chamber/Zoom (Please See Agenda)
FIRST
NAME LAST NAME ADDRESS DATE
APPOINTED
TERM
EXPIRES
1 Shanta Franco-Clausen 9/12/2023 9/30/2026
2 Karla Goodbody**** 1/24/2023 9/30/2027
3 Jeffrey Haman 9/17/2024 9/30/2028
4 Briggitte Lowe** 9/21/2021 9/30/2026
5 Ron A Meyers 12/12/2023 9/30/2026
6 Anika Hardy*** 1/24/2023 9/30/2027
7 Robert Stevens 9/10/2019 9/30/2027
FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE
*Two full terms completed.
**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025
KEEP HAYWARD CLEAN AND GREEN TASK FORCE (20 members, 5 vacancies, 1 HYC Member)
Council Liaison: Angela Andrews; Staff Liaison: Todd Rullman, Director of Maintenance Services (510-881-7746) Meetings: Monthly, 4th Thursday, 7:00 p.m., Conference Room 2A, Clean-Up Events: Monthly, 4th Saturday, 8:30 a.m.-Noon, Various Neighborhoods
FIRST NAME LAST NAME ADDRESS DATE
APPOINTED
TERM
EXPIRES
1 Lucas C. Banks 9/20/2022 9/30/2027
2 Blytha Bowers 4/15/2008 9/30/2028
3 Celia Ching Chung 9/12/2023 9/30/2027
4 Gwenda G. Dossey 9/12/2023 9/30/2028
5 Mohaned Elwali 9/21/2021 9/30/2028
6 Tom*** Ferreira 9/21/2021 9/30/2028
7 Sandra Frost 9/12/2023 9/30/2027
8 Vikram Gautham 9/12/2023 9/30/2028
9 Douglas Mansel 9/21/2021 9/30/2028
10 Sergey Melnikov 9/12/2023 9/30/2027
11 Melissa Milleman 9/15/2020 9/30/2027
12 Shingo Nagae 9/21/2021 9/30/2027
13 Debra Patton 9/10/2019 9/30/2028
14 Chandrakala (Chandu) Siramdas 9/20/2022 9/30/2028
15 George Villamil 9/12/2023 9/30/2027
16 Josue Samuel Barrera 6/20/2023 6/30/2025
17 VACANCY (Chuck Horner resigned 9/30/2023; term expiring 9/30/27) 18 VACANCY (Jeffrey Haman was appointed to Planning Commission 9/17/24; term expiring 9/30/27) 19 VACANCY (Margaret Barton resigned 10/11/24; term expiring 9/30/26) 20 VACANCY (Leah Martinez resigned 10/18/24; term expiring 9/30/27) 21 VACANCY (Jessica Stanley removed 11/19/24; term expiring 9/30/27)
FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE
*Two full terms completed.
**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025
HAYWARD YOUTH COMMISSION
(32 members: 21 voting members, 11 alternates)
Council Liaison: Mayor Mark Salinas; HARD Advisor, Vicente Zuniga (510-626-8820) & Jen Tibbetts (510-888-0117) City Advisor, Ivan Padilla (510-583-5382), HUSD Advisor, Maya Hernandez (510-723-3857 Ext. 34197) Meets monthly, 2nd Monday of each month from September to May, 6:30 p.m., Conference Room 2A.
FIRST NAME LAST NAME SCHOOL DATE
APPOINTED
TERM
EXPIRES
1 Leila Angelic Aviado All Saints Catholic School 6/20/2023 6/30/2025 2 Mateo Emiliano Barajas Anthony Ochoa Middle School 6/20/2023 6/30/2025 3 Elisabet N. Barrera Martin Luther King Jr. Middle School 6/18/2024 6/30/2026 4 Josue Samuel Barrera Mt. Eden High School 6/20/2023 6/30/2025 5 Alex(a) Natalia Cervantes Fernandez Hayward High School 6/20/2023 6/30/2025 6 Crystal Guerrero-Lopez Tennyson High School 6/21/2022 6/30/2026 7 Jeffrey Alexander Haman Moreau Catholic High School 6/18/2024 6/30/2026 8 Jacob J. Jones Impact Academy of Arts & Technology 6/18/2024 6/30/2026 9 Ruby Kumar James Logan High School 6/18/2024 6/30/2026 10 Zoe Nakadama Kyama Mt. Eden High School 6/20/2023 6/30/2025 11 Israel J. Mendez Chabot College 6/18/2024 6/30/2026 12 Temiloluwa Opemipo Ogunkanmi Leadership Public Schools- Hayward 6/20/2023 6/30/2025 13 Julia Patel Cesar Chavez Middle School 6/18/2024 6/30/2026 14 Shreya K. Rathaur Mt. Eden High School 6/21/2022 6/30/2026 15 Jesus Alejandro Reynoso Hayward High School 6/18/2024 6/30/2026 16 Alicia C. Saenz Leadership Public School 6/21/2022 6/30/2026 17 Leilani A. Sandoval Tennyson High School 6/18/2024 6/30/2026 18 Nishant Singh Bret Harte Middle School 6/18/2024 6/30/2026 19 Ananya Suresh Moreau Catholic High School 6/21/2022 6/30/2026 20 Michelle Villalobos Martin Luther King Jr. Middle School 6/20/2023 6/30/2025 21 Jeremiah Sage Wong The Athenian School 6/20/2023 6/30/2025 22 Florencio R. Babasa***** Martin Luther King Jr. Middle School 6/18/2024 6/30/2025 23 Arianna M. Cervantez***** Castro Valley High School 6/18/2024 6/30/2025 24 Jesus Z. Delgado***** Mt. Eden High School 6/18/2024 6/30/2025 25 Liam A. Felsinger***** Impact Academy of Arts & Technology 6/18/2024 6/30/2025 26 Eliam K. Ghirmay***** Impact Academy of Arts & Technology 6/18/2024 6/30/2025 27 Peter Gikanga***** Mt. Eden High School 6/18/2024 6/30/2025 28 Khamari T. Lewis***** Mt. Eden High School 6/18/2024 6/30/2025 29 Remy Martin***** Bret Harte Middle School 6/18/2024 6/30/2025 30 Isla A. Salgado***** Hayward High School 6/18/2024 6/30/2025 31 Siddhi M. Sharma****** Bret Harte Middle School 6/18/2024 6/30/2025 32 Guadalupe Zapata***** Mt. Eden High School 6/18/2024 6/30/2025
FOR INTERNAL USE ONLY. DO NOT DISTRIBUTE
*Two full terms completed.
**Chairperson
***Vice Chair
****Parliamentarian Updated February 5, 2025 *****Alternate Member
LIBRARY COMMISSION
2024-2025 REGULAR MEETING SCHEDULE
MEETING LOCATION: HAYWARD DOWNTOWN LIBRARY
3rd Floor, Community Learning Center
888 C Street
Hayward, California
MEETING TIME:
MEETING DATES:
6:30 P.M.
The Library Commission meets monthly on the 3rd Monday.
September 16, 2024
October 21, 2024
November 18, 2024
December 16, 2024 -Commission Recess
January 27, 2025 – MLK Jr. Day 1/20/25
February 24, 2025 – Presidents Day 2/17/25
March 17, 2025
April 21, 2025
May 19, 2025
June 16, 2025
July 21, 2025
August 18, 2025 – Commission Recess
LIBRARY COMMISSION 2024-2025
SAMPLE
City of Hayward
Planning Commission Notes
Thursday, __________ ___, 20___
• Pledge
• Roll Call
o [ ] Quorum? 4/7 required for action
o Present__; Absent__; recusal___.
• Public Comment- items not listed on agenda
o [ ] Open Public comment
o [ ] Close Public comment
________________________________ACTION ITEMS______________________________ • Public Hearings
o Item No._____________
▪ [ ] Staff Presentation/Recommendation
▪ [_] Applicant Presentation
▪ [_] Commission Questions of Staff and Applicant (No comments) ▪ [ ] Open Public Comment (Typically 3 min per speaker, 5 min for organizations) ▪ [ ] Close Public Comment
▪ [ ] Commission Discussion
▪ [ ] Motion
• [ ] First by: ______________;
• [ ] Second by: ____________;
▪ [ ] Debate
▪ [ ] Motion Re-Stated by Chair- ends debate
• [ ] Any alterations from staff approval? If so,
List:_______________________________________________________ ___________________________________________________________ ▪ [ ] Vote: ___, ___, ____. [Ayes, Nays, Abstained]
• Commission Reports/ Announcements – No Discussion allowed!
• Approval of Minutes
• Adjournment: [ ] by chair -or- [ ] by vote
COMMISSION SECTION
Planning Commissioners’
Roles and Responsibilities
Planning Commission
• An Administrative Body that Implements the City’s Current Vision based on the General Plan.
• Advises the City Council on Land Use and Policy Issues.
The Planning Commission
• To Exercise All Powers and Duties Granted to it by Ordinance or Resolution of the City Council;
• Makes Recommendations to the City Council, for Adoption, General Plan or Specific Plan for the Physical Development of the City; • Exercise Such Additional Powers and Duties as may be Provided for by Such General Laws of the State of California as are not in Conflict With Local Procedures.
• Administrators the City Zoning Ordinance and Subdivision Ordinance.
Responsibilities of a Planning Commission
Types of Decisions
• Implementing the Current Vision:
• Quasi-judicial Decisions:
• Using the application of pre-existing laws, policies or regulations in a specific factual content
• Require Findings and Decisions are Appealable
• Decisions Based on Substantial Evidence
Role of a Planning Commission
Types of Quasi-judicial Decisions
Conditional Use Permits Variances/Exceptions
Design Review Subdivisions
General Planning Consistency Findings
Types of Decisions
• Developing the Future Vision:
• Legislative Recommendations to Council:
• Adoption of local laws, policies or regulations of general applicability (e.g., applying to the whole)
• CEQA Applies
• Cannot be Arbitrary or Capricious or Entirely Lacking in Evidentiary Support • Broad Discretion with Public Interest
Role of a Planning Commission (cont.)
Types of Legislative Decisions
Annexations Zoning Amendments
Specific Plans Annual CIP
General Planning Amendments
Planning Commissioner
• Should Always be Thinking About the Vision and How the City Should Grow And Develop
• Focus on the “Big Picture”
• Consider the Long-range Implications of Current Development Trends (e.g., precedent setting)
• Assess the Impact on Future Vision And Overall Quality of Life, Economic Vitality, Prosperity, and Cost of Living
A Planning Commissioner
You and the City Council
• You Serve at the Pleasure of the City Council
• Communicating with the City Council will Take Various Forms • Council-Commission Liaison
• Study Sessions and Annual Workshops
• Policy and Procedure Training Sessions
• City Events
• Opportunity to Exchange Ideas, Thoughts and Opinions
• Ensure Consistency of the City’s Vision for the Community Role of a Planning Commissioner
You and Staff
• Link Between the Planning Commission and Staff
• Brings Items Before Commission When Ready
• Make Changes, Additional and Suggestions
• Overall Coordination of the Commission
• A Good Planning Commission will:
• Read Staff Reports and Conduct Site Visit
• Do Not Blindside Staff – Call Beforehand, Allow Time to Research • Establish a Collaborative Working Relationship
• Be Respectful
Role of a Planning Commissioner
You and the Public
• Know Your City’s Policy for Communicating with the Public • Talking with the Public or an Applicant? If so…..Report it! • Who can Communicate on Behalf of the Commission?
• Interactions with the Public Outside of Meetings
• Be Seen
• Attend City Events
• Speak with residents in the City and encourage their Input • Encouraged to Attend Events put on by Local Organizations Role of a Planning Commissioner
Personally
• Be a Role Model
• Be Informed
• Read Agenda Materials and Be Prepared
• Ask Questions and Evaluate the Information Presented
• Know What is Going on in the Community
• Attend City Council Meetings
• A Liaison Between the City Council and the Citizens
Role of a Planning Commissioner
• Maintain Regular Attendance Planning Commission Meetings • Review Staff Reports and Recommendations
• Mark Them and Prepare Questions
• Apply Applicable Laws and Ordinances
• Every Applicant has a Right to be Judged by the Laws in Place at the Time • Evaluate Consistency with Adopted Plans
• Speak with the Applicant
• Conduct Site Visit
Responsibilities of a Planning Commissioner
• Participate in Proceedings
• Be an Active Listener
• Ask Questions
• Voice Opinions and Make Recommendations
• Take Notes During Meetings and Review Minutes for Accuracy • Be Polite And Courteous to Staff, the Public and Other Commissioners
Responsibilities of a Planning Commissioner
COMMUNITY
SERVICES
COMMISSION
New Commissioner Orientation Guide
FY 2023 - 2024
TABLE OF CONTENTS
FY 2023 - 2024 Community Services Commission Orientation
1. Introduction and Community Services Commission Overview a. Overview of Community Services Division, including Staff Roster b. Organizational Values
2. Rules and Training to Support Community Services Commission a. Brown Act
b. Conflicts of Interest
3. Role of the Community Services Commissioner
a. Role and expectations
i. Meeting Schedule
ii. Accessing Agenda and Minutes
iii. Bylaws
b. Community Agency Funding Process
i. Overview
ii. Best Practices
4. City Council’s Appointed Officials Handbook
5. City of Hayward’s Strategic Roadmap
Community Services Commission
Staff Liaison and Primary Contact
Dr. Amy Cole-Bloom, Acting Community Services Mgr., [email protected], 510/583-4201
Additional Staff who provide support to the Community Services Commission
Regina Youngblood, Assistant City Manager, [email protected], 510/583-4304
Carol Lee, Management Analyst II, [email protected], 510/583-5343
Rick Rivera, Management Analyst II, [email protected], 510/583-4003
Emily Hwang, Management Analyst I, [email protected], 510/583-4252
Alejandro Mora, Community Program Specialist, [email protected], 510-583-4248
Evelyn R. Olivera, Senior Secretary, [email protected], 510-583-4311
C I T Y O F
H A Y W A R D
H E A R T O F T H E B A Y
October 16, 2019
Ralph M. Brown Act:
• Enacted in 1954
• The Brown Act requires California governments to have public meetings
• The Brown Act applies to City of Hayward legislative bodies such as the City Council, Planning Commission and Youth Commission
• Meetings must have posted agendas, public meeting spaces that are ADA -accessible
• No secret meetings unless specifically authorized under the Brown Act such as pending litigation, labor negotiations, etc. 'Secret' meetings are misnomer because the Brown allows 'closed' sessions if correctly agendized
• No texting or use of electronic devices during meetings
• Do not text or email or discuss the commission's business outside of a public meeting — communicate with staff
• Quorum must be present to start and continue meetings — a quorum is a majority of the commission's members
• Meetings should allow for full discussion by all members, and members of the public are entitled to speak on issues
• Commission should select a chairperson and vice-chairperson to lead meetings — chairperson should be fair and flexible
• The commission 'acts' by the making and seconding of motions, followed by a vote to carry or defeat the motion — a motion must be carried by a majority of those members voting on it
• The commission should have a secretary to maintain a record of the actions taken -these are called 'minutes' and the minutes of a prior meeting should be available at the subsequent meeting
OFFICE OF THE CITY ATTORNEY
777 13 STREET, HAYWARD, CA 94541-5007
TEL: 510/583 -4450 • FAX: 510/583 -3660 • TOO: 510/247 -3340
California Public Records Act:
• Enacted in 1968
• Public Records Act requires public access to most records generated by public agencies, including the Youth Commission
• Emails, texts, reports are considered public records if they discuss public business • No reason or justification has to be given in order to make a public records request • City receives thousands of requests every year
CONFLICT OF INTEREST
All Community Services Commissioners are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to the conflict of interest code adopted by resolution of the Hayward City Council. If a Community Services Commissioner, after receiving the agenda packet, believes or is aware that the Community Services Commissioner has a potential conflict, the Community Services Commissioner should contact the Community Services Manager, who will confer with the City Attorney prior to the meeting. Any Community Services Commissioner who has a conflict of interest shall abstain themselves from the related agenda item during the debate and voting on the issue.
FY 2023 – 2024 Council Authorized Funded Agencies
INTERNAL AGENDA PLANNING CALENDAR
Sample
FY 2023 – 2024
COMMUNITY SERVICES COMMISSION AGENDA PLANNING CALENDAR
OCTOBER 18, 2023
CSC Elections
CAP/CSC Ad Hoc Subcommittee Formal Recommendation to Council CSC Conversations on Racial Equity & Public Safety
FYI - Bidder’s Conference – November 1, 2023
NOVEMBER 15, 2023
Bidder’s Conference De-brief and ARC Selection
CSC Conversations on Racial Equity & Public Safety – Ms. Aisha Knowles Russell City Reparative Justice Project discussion DECEMBER 20, 2023
CSC Conversations on Racial Equity & Public Safety
JANUARY 2024 – No Meeting
FYI: ARC Interviews Scheduled for Saturday, January 20th & January 27th FEBRUARY 21, 2024
FY 2024 – 2025 Community Agency Funding Process CSC Draft Funding Recommendations CSC Conversations on Racial Equity & Public Safety
FYI: OPEN: Public Comment Period (2/21/24-3/20/24)
MARCH 20, 2024
FY 2024 – 2025 Community Agency Funding Process CSC Final Funding Recommendations CSC Conversations on Racial Equity & Public Safety
FYI: END: Public Comment Period (2/21/24-3/20/24)
FYI: 30-Day Notice: City Council Public Hearing FY 2024-2025 Funding Recommendations APRIL 2024 – No Meeting
FYI: April 2: City Council Work Session (Commissioner attendance encouraged) FYI: April 23: City Council Public Hearing and Adoption of Funding Recommendations (Commissioner attendance encouraged)
MAY 15, 2024
Debrief FY 2024 – 2025 Community Agency Funding Process CSC Conversations on Racial Equity & Public Safety
JUNE 19, 2024
Adoption of FY 2024-2025 Agenda Calendar
CSC Conversations on Racial Equity & Public Safety
Access Your Meeting Minutes
How to Access Meeting Minutes
There are three ways to access the meeting Minutes.
First, you will receive an email from the Community Services Staff approximately one week prior to the regular meeting. This email will have a link to the minutes which can be clicked for easy access.
Second, you can go to the following link (https://hayward.legistar.com/Calendar.aspx) to access the meeting Minutes directly.
Third, you can find the meeting Minutes through the City of Hayward’s home page by following these steps:
• Go to the City of Hayward’s website (http://www.hayward-ca.gov/) • Click on “Your Government” on the upper right-hand side of the page • Click on “Meetings and Minutes”
o You will be taken to a page where you can either search for minutes or scroll down to find the department and locate the Minutes
Access Your Meeting Agenda
How to Access Meeting Agendas
There are three ways to access the meeting Agendas.
First, you will receive an email from the Community Services Staff approximately one week prior to the regular meeting. This email will have a link to the agenda which can be clicked for easy access.
Second, you can go to the following link (https://hayward.legistar.com/Calendar.aspx) to access the meeting agendas directly.
Third, you can find the meeting Agendas through the City of Hayward’s home page by following these steps:
• Go to the City of Hayward’s website (http://www.hayward-ca.gov/) • Click on “Your Government” on the upper right-hand side of the page • Click on “Meetings and Agendas”
o You will be taken to a page where you can either search an Agenda or scroll down to find the department and locate the Agenda