January 14, 2024 www.cityofpaloalto.org
Public Governance Refresher
Mahealani Ah Yun, City Clerk
Molly Stump, City Attorney
1 Agenda
• Brown Act
• Meeting Management
• Public Records Act
• Conflict of Interest
Brown Act
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Three Central Requirements
• Conduct business in open public meetings
• Use agendas
• Foster public participation
Brown Act Meetings
Majority of members at the same time and
place to hear, discuss or deliberateon any
matter within their subject matter
jurisdiction.
Cal. Gov. Code §54952.2(a)
Including…
• Retreats, workshops, trainings
• Informal gatherings
• Written and social media
• Serial meetings
With Some Exceptions…
• Conferences or community meetings
• Meetings of other legislative bodies
• Ad hoc committees
• Social, ceremonial events, if no business
discussed
Conduct
Public’s
Business in
Open Public
Meetings
Use Agendas
Foster Public
Participation
Example 1
Members of the Planning & Transportation Commission are interested in hearing how the City Council is thinking about approaching planning for amenities to support new housing in the San Antonio Corridor. Five PTC members wish to attend a City Council meeting where Council will discuss this
topic. Would this be a violation of the Brown Act?
Answer:
No. This falls under the exception for public meetings of another legislative body...but avoid congregating and
discussing PTC business.
Use Agendas
Foster Public
Participation
Conduct
Public’s
Business in
Open Public
Meetings
Use Agendas
Foster Public
Participation
Example 2
Three members of the Parks and Recreation Commission (a 7- person commission) serve on an ad-hoc subcommittee. The chair of the commission, who is not on the subcommittee, wants to check on their progress. Can the chair call one of the ad-hoc committee members and get a briefing on the ad-
hoc's work?
Answer:
No. This would constitute an unlawful serial meeting, because it results in a majority of members gathering to hear, discuss or deliberate on a matter within their subject matter
jurisdiction.
Bonus Question: How should the ad-hoc report out its work? Conduct
Public’s
Business in
Open Public
Meetings
Use Agendas
Foster Public
Participation
Public Business on Social Media
Conduct Public’s
Business in Open
Public Meetings
Use Agendas
Foster Public
Participation
The Brown Act prohibits members from interacting with fellow members’ posts about anything under their legislative body’s jurisdiction, whether or not it immediately results in a serial meeting.
Members should not comment, reshare, or “react” to posts about public business shared by other members of their legislative body.
Remote Attendance
• Remote participation available using:
o Standard Brown Act procedures, or
o AB 2449 for just cause or emergency circumstances
• Council or board policy limits
• Other limits may apply – contact the Clerk’s office or staff liaison Standard Brown Act Procedures
• Remote location published on
agenda
• Agenda posted at remote location
72 hours before a regular meeting
• Remote location is open and
accessible to the public
AB 2449 Just Cause and
Emergency Circumstances
• Member has either “just cause” or
“emergency circumstances” as
defined by AB 2449
• Publicly disclose whether anyone
else over 18 is present at the
location, and if so, relationship
• Participate using audio and video
• Limited number of uses
Conduct Public’s
Business in Open
Public Meetings
Use Agendas
Foster Public
Participation
Agendas
The public must have advance notice of all topics that will be discussed in-depth and acted upon.
• Agendas must be published days in advance.
• Cannot discuss non-agenda topics in-depth
• Must stick to type of action noticed – e.g., no formal motion on a study session
• OK: brief announcements, requests for more information, scheduling of future discussions, brief responses to the public.
Conduct Public’s
Business in Open
Public Meetings
Use Agendas
Foster Public
Participation
Public Comment
Conduct Public’s
Business in Open
Public Meetings
Use Agendas
Foster Public
Participation
• Public may comment on each item and once on any item not on the agenda within the body’s subject matter jurisdiction • Reasonable time limits OK
• Interaction: questions, brief response
• First Amendment rights
Meeting Management
www.cityofpaloalto.org
Rosenberg’s Rules of Order
• Procedural rules for running public meetings
• Role of Chair
• Motions
o Formal proposal by a member for the body to take a specified action o Common types of motions: main motion, amendment, substitute o How to make a motion
Get the
Floor
State the
Motion
Second
Required Discussion Secondary
Motion(s) Vote
9 California Public Records Act (PRA)
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10 What is a Record?
• Documents (in any format including written materials, texts, audio, video, etc.) related to the conduct of government business
• Including any records regarding city business on personal devices/accounts.
• By default, all public records must be
disclosed to a requester unless a
specific exemption applies.
11 Best Practices
• Be professional in your communications. Assume all
communications could be disclosed if requested
• Respond to staff requests to search for records. Responses must be timely and thorough. Staff will review provided records for relevance and any applicable exemptions
• If a member of the public asks you for a record, contact the Clerk’s Office or your BCC liaison promptly so that staff can process and respond to the request
• Contact the City Attorney or City Clerk’s Offices with any questions
Conflict of Interest
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Conflicts of Interest
• Do not participate in matters in which you have a financial or, in rare cases, significant non-financial interest
• It's important to avoid conflicts of interest
o Protects City decisions
o Promotes public trust in government
• AB 1234 training requirement
• You know your financial interests better than anyone. Don’t assume that staff will spot potential conflicts!
• Contact the City Attorney’s Office (City Council) or staff liaison (BCCs) if you think you may have a conflict of interest 12 Levine Act: “pay-to-play”
• Prohibits campaign contributions of more than $500 when…
1. from a donor that is involved in certain
proceedings/contracts before the City
2. while the proceeding/contract is pending AND for 12
months after the decision.
• May require disclosure, recusal, or return of contributions • Who does it apply to?
13 Helpful Tools
14 • Open & Public VI: A Guide to the Ralph M. Brown Act: https://www.calcities.org/resource/open-public- v-a-guide-to-the-ralph-m.-brown-act
• Rosenberg’s Rules of Order: https://www.calcities.org/resource/rosenberg's-rules-of-order-simple-rules- of-parliamentary-procedure-for-the-21st-century
• The People's Business: A Guide to the California Public Records Act:
https://www.calcities.org/resource/the-people's-business-a-guide-to-the-california-public-records-act • City Attorney Levine Act Handbook:
https://www.cityofpaloalto.org/files/content/public/v/8/departments/city-attorney/resources/levine- act-memo_-dec.-12-2024.pdf
• Institute for Local Government Ethics & Transparency: https://www.ca-ilg.org/ethics-transparency Survey
14 Please provide feedback on this training by
completing a two minute survey:
https://www.surveymonkey.com/r/NMJY7H8
Questions?
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