Paradise City Council
December 10, 2024

Town of Paradise
Town Council Meeting Agenda
6:00 PM – December 10, 2024
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA

Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.

II. The Town staff then provides a report to Council and answers questions from the Council.

III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order.

Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.

B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.

In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.

Town Manager, Jim Goodwin
Town Attorney, Scott E. Huber
Town Clerk/Elections Official, Melanie Elvis
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer, Aimee Beleu
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Patrick Purvis
Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Information Systems Director, Luis Marquez
Mayor, Ron Lassonde
Vice Mayor, Greg Bolin
Council Member, Steve Crowder
Council Member, Steve “Woody” Culleton
Council Member, Rose Tryon
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. p6 Approve Minutes from the November 12, 2024 Special and Regular Town Council Meetings. (Melanie Elvis/Town Clerk)
1f. The Year in Review by Mayor Ronald Lassonde.
1g. Recognition of Council Member Rose Tryon.
1h. Citizen Recognition by Paradise Police Command Staff. 1i. p13 Adopt Resolution No. 2024-___“A Resolution of the Town Council of the Town of Paradise Reciting the Fact of the General Municipal Election Consolidated with the Statewide General Election held on November 5, 2024 Declaring the Result and Such Other Matters as Provided by Law.” (Melanie Elvis/Town Clerk & Elections Official)
1j. Present Certificates of Election and administer Oaths of Office to newlyelected Council Members Greg Bolin, Steve "Woody" Culleton, and Heidi Lange. (Melanie Elvis/Town Clerk & Elections Official)
1k. Adjourn meeting for a 10-minute recess for outgoing and incoming Council Members.
1l. Town Clerk will reconvene the Council meeting and take a roll call to include newly seated Council Members. (Melanie Elvis/Town Clerk) 1m. Town Clerk will chair the selection of Mayor for a one-year term beginning December 10, 2024 through December 9, 2025. The Clerk will turn the meeting over to the newly selected Mayor for selection of Vice-Mayor for a one-year term. (Melanie Elvis/Town Clerk)
1n. Mayor will chair the selection for Vice Mayor for a one-year term commencing December 10, 2024 and ending the first regular meeting in December 2025.
1o. Camp Fire Recovery Updates - Written reports are included in the agenda packet.
p34 Colette Curtis, Recovery and Economic Development Director - recovery projects, advocacy, economic recovery and development, communications, emergency operations and Housing updates. p39 Marc Mattox, Public Works Director/Town Engineer -infrastructure and sewer updates.
p43 Tony Lindsey, CDD-Building and Code Enforcement- Code Enforcement update.
2 3

2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p47 Approve November 2024 Cash Disbursements in the amount of $3,354,251.18. (Aimee Beleu/Finance Director)
2b. p54 Adopt Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Rescinding Resolution No. 14-37 and Adopting the Revised Council Member Handbook.” (Melanie Elvis/Town Clerk & Elections Official)
2c. p259 Adopt Resolution No. 2024-___, “A Resolution of the Town Council of the Town of Paradise awarding Contract 9436.CON for the Fleet Shop Renovation Project to Synergy Builders of Oroville, CA in the Amount of their Bid $348,288.21 and Authorize the Town Manager or their Designee to Issue Contract Amendments up to 10% of the Bid Amount." (Marc Mattox/Town Engineer)
2d. p262 1. Consider waiving the entire reading of Town Urgency Ordinance No. 640 and read by title only; and 2. Adopt Town of Paradise Urgency Ordinance No. 640, “An Urgency Ordinance Of The Town Council Of The Town Of Paradise Extending Urgency Ordinance 639 Amending Portions Of Chapter 2.45 Of The Paradise Municipal Code Relating To The Town’s Purchasing System”; or, 3. Direct an alternative directive to town staff. (Scott E. Huber, Town Attorney)
2e. p266 Review and approve Town of Paradise – 140 Investment Policy. (Aimee Beleu/Finance Director)
2f. p275 1. Concur with staff’s recommendation to accept 20 of 21 Early Warning Sirens as complete; and, 2. Concur with staff’s recommendation to extend the HQE Systems contract for construction of the Early Warning Sirens to June 20, 2025; and, 3. Approve the attached Fourth Amendment to authorize the Town Manager to execute the contract extension. (Colette Curtis/Recovery & Economic Development Director)
2g. p278 Authorize the Town Manager to execute an agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for acceptance of the USDA 2024 Volunteer Fire Capacity Grant award to purchase new structural and wildland personal protective equipment (PPE). (Patrick Purvis/Fire Chief)

3. ITEMS REMOVED FROM CONSENT CALENDAR

4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff. 3 5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice.

Public Hearing Procedure:

A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Ask Town Clerk if there are any cards submitted
ii. Ask if there is anyone else wishing to comment
C. Mayor closes the hearing
D. Council discussion and vote
5a. p289 1. Conduct the noticed public hearing to solicit public comment on the proposed Substantial Amendment to the CDBG Annual Plan 2019-2020 for reallocation of $200,000 from an emergency rental assistance activity to Public Services to prepare, prevent, and respond to COVID; and,

2. Approve the proposed Substantial Amendment to the CDBG 2019-2020 Annual Plan and allocate $200,000 from emergency rental assistance activity to Public Services to prepare, prevent and respond to COVID; or, 3.

Consider other direction to staff regarding the proposed substantial amendment. (ROLL CALL VOTE) (Colette Curtis/Recovery & Economic Development Director)

6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar.

Citizens are allowed three (3) minutes to comment on agenda items. 6a. p294 Consider appointing Council representatives and alternates to represent the Town of Paradise on various local and regional boards, committees and commissions. (Melanie Elvis/Town Clerk)
6b. p304 1. Hear an informational update on the Paradise Sewer Project which summarizes recent developments in funding pursuits and construction cost estimates; and 2. Review early options for next steps in Project development. (Marc Mattox/Town Engineer)
6c. p306 Consider approving the attached Professional Services Agreements and authorize the Town Manager to execute the following contract with Warner Enterprises. (ROLL CALL VOTE) (Colette Curtis/Recovery & Economic Development Director)

7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7b. Council reports on committee representation
7c. Future Agenda Items

8. STAFF COMMUNICATION
8a. Town Manager Report

9. CLOSED SESSION - None

10. ADJOURNMENT
4 5

5 MINUTES

PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:00 PM – November 12, 2024

1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Lassonde at 5:00 p.m. in the Council Chambers located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.

COUNCIL MEMBERS PRESENT: Greg Bolin, Steve Crowder, Steve “Woody” Culleton, Rose Tryon and Ronald Lassonde Mayor.

COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Melanie Elvis, Town Engineer Marc Mattox, Human Resources and Risk Management Director Crystal Peters, and Information Systems Director Luis Marquez.

At 5:01 p.m. Mayor Lassonde announced that the Town Council would adjourn to Closed Session for the following items:

2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(a), the Council will meet with the Town Manager, and the Town Attorney relating to existing litigation: Town of Paradise v. Mark Thomas & Co., et al., Butte County Superior Court, Case No. TBD
2b. Pursuant to Government Code section 54956.9(a), the Council will meet with the Town Manager, and the Town Attorney relating to existing litigation: Heather Mowell-Sage, et al. v. Knife River Construction, et al., Butte County Superior Court, Case No. 24CV03040. 2c. Pursuant to Government Code section 54956.9(a), the Council will meet with the Town Manager, and the Town Attorney relating to existing litigation: Perry Walters v. Town of Paradise, Butte County Superior Court, Case No. 24CV03454.
2d. Pursuant to Government Code Section 54956.9(d)(2), the Council will meet with the Town Manager and Town Attorney regarding potential exposure to litigation – one case.
2e. Pursuant to Government Code Section 54956.9(d)(4), the Town Council will meet with the Town Manager and Town Attorney to consider initiation of litigation – one case.
6 After reconvening from Closed Session at 5:54 p.m., Mayor Lassonde announced direction was given, no reportable action was taken.

3. ADJOURNMENT
Mayor Lassonde adjourned the Council meeting at 5:55 p.m.

Date approved:

By: Attest:
________________________ __________________________
Ronald Lassonde, Mayor Melanie Elvis, Town Clerk
7 TOWN COUNCIL
Meeting Minutes
6:00 PM – November 12, 2024

1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Lassonde at 6:00 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.

An invocation was offered by Mayor Lassonde.

COUNCIL MEMBERS PRESENT: Greg Bolin, Steve Crowder, Steve “Woody” Culleton, Rose Tryon and Ronald Lassonde, Mayor
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Jim Goodwin, Town Attorney Scott E. Huber, Town Clerk/Elections Official Melanie Elvis, Finance Director/Town Treasurer Aimee Beleu, Community Development Director Susan Hartman, Community Development Director Tony Lindsey, Public Works Director/Town Engineer Marc Mattox, Recovery and Economic Development Director Colette Curtis, Recovery Project Manager Brian Solecki, Administrative Assistant Jacquelyn Blancett, Information Systems Director Luis Marquez, Police Chief Eric Reinbold, Police Seargent John Alvies, Police Officer Dominic Vannucci, and Fire Chief John Gaddie.
1a. Mayor Lassonde presented a proclamation to a representative from Voices United recognizing November as Homeless Youth Awareness Month. (180-40-027)
1b. Camp Fire Recovery Updates - Written reports are included in the agenda packet. (110-60-061)
Colette Curtis, Recovery and Economic Development Director - recovery projects, advocacy, economic recovery and development, communications, emergency operations and Housing updates.

Marc Mattox, Public Works Director/Town Engineer -infrastructure and sewer updates.

Tony Lindsey, CDD-Building and Code Enforcement- Code Enforcement update.

2. CONSENT CALENDAR
MOTION by Bolin, seconded by Tryon, approved consent calendar items 2a through 2e. Roll call vote was unanimous.
8 2a. Approved the minutes of the October 8, 2024 Regular Town Council meeting.
2b. Approved October 2024 Cash Disbursements in the amount of $10,692,438.24. (310-10-035)
2c. Reviewed and filed the 1st Quarter Investment Report for the Fiscal Year Ending June 30, 2025. (360-30-006)
2d. 1. Waived the entire second reading of Town Ordinance No. 638 and read by title only; and, 2. Adopted Town Ordinance No. 638 “An Ordinance Amending Text Regulations within Paradise Municipal Code Title 17 [Zoning] Relative to Electronic Changeable Message Sign Regulations.” (540-16-207)
2e. 1. Declared equipment as surplus property; and 2. Adopted Resolution No. 2024-75, “A Resolution of the Town Council of the Town of Paradise, Declaring Certain Town Equipment to be Surplus and Obsolete and Authorizing Disposal by the Town Manager or His Designee.” (380-10-003)

3. ITEMS REMOVED FROM CONSENT CALENDAR - None

4. PUBLIC COMMUNICATION - None

5. PUBLIC HEARINGS
5a. Community Development Director Tony Lindsey provided a review of Resolution No. 2024-72, a Resolution declaring vegetative growth, noxious weeds, and refuse a public nuisance and the next steps in abating properties in violation.

Mayor Lassonde opened the public hearing at 6:13 p.m.

1. Kim Brollier objected to the violation noted on her property and asked under whose authority her property was deemed a hazard.

2. Raelyn Hall spoke in object to the violations noted on her properties and stated that she was working on clearing her properties but could not accomplish it under the Town’s timeline.

Mayor Lassonde closed the public hearing at 6:24 p.m.

MOTION by Lassonde, seconded by Culleton, 1. Authorized staff to proceed and perform the abatement work on the properties listed under Exhibit “A” of the staff report, and 2. Approved staff-recommended budget adjustment of $387,760 from the General Fund to cover the cost of abating 241 properties, estimated at $1600, with a 10% contingency cost. Roll call vote was unanimous.
9 Council provided direction to staff to draft an amendment to the weed abatement ordinance to create an Exceptions Committee comprised of two Council Members. (540-15-078)

6. COUNCIL CONSIDERATION
ITEM 6F WAS MOVED TO THE TOP OF THE AGENDA PER COUNCIL MEMBER CROWDER’S REQUEST.
6f. Community Development Director Tony Lindsey presented proposed amendments to the Paradise Municipal Code relating to weed abatement standards.

1. Jon Remalia asked for extended burning hours, and broadcast burns to reduce costs to residents.

2. Kim Brollier spoke in opposition to this item.

Council provided direction to staff to bring back a draft amendment to the weed abatement ordinance increasing the perimeter fuel break on properties greater than 1.5 acres to 50 feet.

Council Member Crowder left the meeting at 7:11 p.m.
6a. Recovery & Economic Development Director Colette Curtis introduced Lisa DeLaby from Pioneer Community Energy who provided an update on the Pioneer Impact Assessment Study.

Council directed staff to bring back a draft ordinance to join Pioneer Community Energy. All Council concurred with Council Member Crowder absent and not voting. (430-20-007)
6b. Recovery & Economic Development Director Colette Curtis provided an overview of the proposed Memorandum of Understanding with Butte County for virtual EOC software.

MOTION by Bolin, seconded by Tryon, approved a Memorandum of Understanding with Butte County for services with VEOCI virtual EOC software. Roll call vote was unanimous with Council Member Crowder absent and not voting. (510-20-451, 420-50-055)
Mayor Lassonde recessed the meeting for a 5-minute break at 7:39 p.m. 6d. Community Development Director Susan Hartman and UDA Consultant Barry Long provided an overview of staff’s recommendations for downtown zoning modifications.

Council provided staff with direction to bring back an ordinance for the following zoning amendments in the Downtown: adding a drive-in theater/outdoor amphitheater land use to the CB and Walkable Downtown Core; making some uses easier in the CB and Walkable Downtown Core; 10 removing auto repair and laundry services from the CB and Walkable Downtown Core; removing single and two-family residential land uses from the Walkable Downtown Core; restricting multiple-family residential and accessory dwellings to only upper floors in the Walkable Downtown Core; amending Title 5 to allow food trucks to vend in the CB and the Walkable Downtown Core; allowing year-round farmers markets in the CB and the Walkable Downtown Core; allowing special events such as flea markets limited to 3-days in a row and not more than 21 days in a year in the CB and Walkable Downtown Core; and expanding the Walkable Downtown Core boundary to include the a section of land north of Community Park between Cedar and Fir Streets east of Black Olive Drive formally owned by the Paradise Irrigation District. All Council concurred with Council Member Crowder absent and not voting.
6c. Recovery & Economic Development Director Colette Curtis provided an overview of the recommended changes to the Emergency Warning Sirens Guidelines.

1. Jon Remalia thought the Town should use the cameras on the sirens to determine when to evacuate certain zones based on traffic.

MOTION by Bolin, seconded by Culleton, approved the amended Town of Paradise Emergency Warning Sirens Guidelines as submitted. Roll call vote was unanimous with Council Member Crowder absent and not voting. (420-30-009)
6d. MAYOR LASSONDE MOVED ITEM 6D TO THE TOP OF THE AGENDA AFTER THE BREAK.
6e. Town Attorney Scott E. Huber provided an overview of the proposed amendment to Paradise Municipal Code relating to the Town’s Purchasing System.

MOTION by Culleton, seconded by Bolin, adopted Town of Paradise Urgency Ordinance No. 639, “An Urgency Ordinance of the Town Council of the Town of Paradise Amending Portions of Chapter 2.45 of the Paradise Municipal Code Relating to the Town’s Purchasing System.” Roll call vote was unanimous with Council Member Crowder absent and not voting. The Urgency Ordinance is effective immediately. (540-16-208) 6f. MOVED TO THE TOP OF THE AGENDA PER COUNCIL MEMBER
CROWDER’S REQUEST.
6g. Town Engineer Marc Mattox provided an overview of the proposed resolution adopting the plans, specifications and estimate for the Camp Fire Hydrant Repair Project. Mr. Mattox shared that the match requirement would cost the Town approximately $45,000 out of the total $725,000 for the project.
11 MOTION by Bolin, seconded by Tryon, concurred with staff’s recommendation to file a CEQA Notice of Exemption for the Camp Fire Hydrant Repair Project; and, 2. Adopted Resolution No. 2024-76, “A Resolution of the Town Council of the Town of Paradise Approving the Plans, Specifications and Estimate for the Camp Fire Hydrant Repair Project and Authorizing Advertisement for Bids on the Project”. Roll call vote was unanimous with Council Member Crowder absent and not voting. (440-30-006)

7. COUNCIL INITIATED ITEMS AND REPORTS - None

8. STAFF COMMUNICATION - None

9. CLOSED SESSION - None

10. ADJOURNMENT
Mayor Lassonde adjourned the meeting at 9:23 p.m.

Date approved:

By: Attest:
____________________________ _____________________________ Ronald Lassonde, Mayor Melanie Elvis, Town Clerk/Elections Official 12 Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 1(i)
ORIGINATED BY: Melanie Elvis, Town Clerk/Elections Official REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Results of the November 5, 2024, General Municipal Election

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

Adopt Resolution No. 2024-___“A Resolution of the Town Council of the Town of Paradise Reciting the Fact of the General Municipal Election Consolidated with the Statewide General Election held on November 5, 2024 Declaring the Result and Such Other Matters as Provided by Law.”
Background:

The following information was placed on the November 5, 2024, ballot:

Candidates for Town Council (vote for three)

1. Heidi Lange

2. Steve “Woody” Culleton

3. Colleen Corners

4. Greg Bolin
Analysis:

On December 3, 2024, the Butte County Clerk Election Department posted the final election results on the Department’s website and emailed the certification to the Town Clerk. The official results declare that Heidi Lange, Steve “Woody” Culleton, and Greg Bolin received the highest number of votes cast at the election for the three terms.

The Election Code states that for a consolidated election, upon completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election to declare elected the persons for whom the highest number of votes was cast for each office and to declare the passage of the ballot. As such, the resolution reciting the fact of the General Municipal Election consolidated with the statewide general election held on November 5, 2024 declaring the result and such other matters as provided by law, is presented for your consideration.

Attached as Exhibit “A” to the resolution are the following documents:
 Butte County Clerk-Recorder/Registrar of Voters Certification of Results 13  Election Summary Report for: All Contests, All Districts, All Tabulators, All Counting Groups
Financial Impact:

There is no financial impact by adopting the election result. Elections costs have been budgeted. 14 1

TOWN OF PARADISE
RESOLUTION NO. 2024-___

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE RECITING THE

FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE

RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election consolidated with the Statewide General Election was held and conducted in the Town of Paradise, California, on Tuesday, November 5, 2024, as required by law for the purpose of the election of three Town Council Members for a four-year term; and,
WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects, the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, The Butte County Clerk-Recorder canvassed the returns of the election and has provided a certified copy of the results to this Town Council.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Paradise as follows:

Section 1: That the total number of votes cast in the Town is 11,351; Section 2. That the names of the persons who qualified as candidates and whose names were placed on the ballot for election as a Town of Paradise Council Member are as follows:

1. Heidi Lange

2. Steve “Woody” Culleton

3. Colleen Corners

4. Greg Bolin
Section 3. The Town Council does declare and determine that Heidi Lange, Steve “Woody” Culleton, and Greg Bolin received the highest number of votes and were elected to serve as a Paradise Town Council Member for full four-year terms; and, Section 4. The Town Council does declare and determine that the Butte County ClerkRecorder/Registrar of Voters has certified the results of the November 5, 2024, General Election and that the results set forth within this resolution and its Exhibit “A” shall be the official record of the Town of Paradise as to the result of the election showing: (1) The total number of votes cast in the Town; (2) The names of the persons and for what office each person was voted for in the election.

Section 5. The Town Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the Town Clerk and authenticated; shall administer 15 TOWN OF PARADISE
RESOLUTION NO. 2024-__
2 to each person elected the Oath of Office prescribed in the Constitution of the State of California; and, shall have the persons elected subscribe to the oath and cause it to be filed in the office of the Town Clerk; and, each and all of the persons so elected shall be inducted into the respective office to which they have been elected.

Section 6. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 10 th day of
December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
______________________________
Ronald Lassonde, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________ Melanie Elvis, Town Clerk Scott E. Huber, Town Attorney 16 17
18 Candidate Party Live VBM Provisional Total
DONALD J. TRUMP REP 1 45,115 2,063 47,179
CLAUDIA DE LA CRUZ PF 0 317 12 329
KAMALA D. HARRIS DEM 1 42,424 1,803 44,228
ROBERT F. KENNEDY JR. AI 0 1,532 58 1,590
CHASE OLIVER LIB 0 495 10 505
JILL STEIN GRN 0 656 36 692
Total Votes 2 90,571 3,983 94,556
Live VBM Provisional Total
Peter Sonski WRITE-IN 0 32 1 33
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
President and Vice President (Vote for 1)
Candidate Party Live VBM Provisional Total
STEVE GARVEY REP 1 47,301 1,890 49,192
ADAM B. SCHIFF DEM 1 40,663 1,753 42,417
Total Votes 2 87,964 3,643 91,609
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
United States Senator (Vote for 1)
Precincts Reported: 132 of 132 (100.00%)
Voters Cast: 96,106 of 123,338 (77.92%)
Election Summary Report
Butte
Official Results
November 05, 2024
General Election
Page: 1 of 15 12/2/2024 1:25:45 PM
19 Candidate Party Live VBM Provisional Total
STEVE GARVEY REP 1 46,183 1,851 48,035
ADAM B. SCHIFF DEM 1 39,802 1,681 41,484
Total Votes 2 85,985 3,532 89,519
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
United States Senator, Partial Term (Vote for 1)
Candidate Party Live VBM Provisional Total
DOUG LAMALFA REP 1 49,059 1,919 50,979
ROSE PENELOPE YEE DEM 1 39,963 1,765 41,729
Total Votes 2 89,022 3,684 92,708
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
U.S. Representative 1st District (Vote for 1)
Candidate Party Live VBM Provisional Total
MEGAN DAHLE REP 1 56,730 2,452 59,183
DAVID FENNELL REP 1 15,154 834 15,989
Total Votes 2 71,884 3,286 75,172
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
State Senator 1st District (Vote for 1)
Candidate Party Live VBM Provisional Total
JAMIE "JAMES" GALLAGHER REP 2 51,706 2,083 53,791
AARON DRAPER DEM 0 35,727 1,515 37,242
Total Votes 2 87,433 3,598 91,033
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
Member State Assembly 3rd District (Vote for 1)
Page: 2 of 15 12/2/2024 1:25:45 PM
20 Candidate Party Live VBM Provisional Total
JULIAN DIAZ 0 4,262 172 4,434

BRENDA JOYCE
MCLAUGHLIN 0 4,188 164 4,352
Total Votes 0 8,450 336 8,786
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 11,465 459 11,924 / 16,508 72.23%
Precincts Reported: 28 of 28 (100.00%)
Butte County Board of Education Board Member TA 5 (Vote for 1) Candidate Party Live VBM Provisional Total
JAMES BISHOP 0 4,182 128 4,310
GAYLE M. OLSEN 0 5,967 180 6,147
Total Votes 0 10,149 308 10,457
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 11,553 385 11,938 / 14,921 80.01%
Precincts Reported: 10 of 10 (100.00%)
Chico Unified School Board Member TA 2 (Vote for 1)
Candidate Party Live VBM Provisional Total
TEISHA HASE 0 4,621 385 5,006
MICHELE COOPER 0 2,060 151 2,211
Total Votes 0 6,681 536 7,217
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 7,925 707 8,632 / 11,108 77.71%
Precincts Reported: 12 of 12 (100.00%)
Chico Unified School Board Member TA 3 (Vote for 1)
Page: 3 of 15 12/2/2024 1:25:45 PM
21 Candidate Party Live VBM Provisional Total
DAVID K. LOUDERMILK 0 1,094 17 1,111
GARRETT MEYER 0 1,170 13 1,183
ED MCLAUGHLIN 0 1,218 17 1,235
ANDREW SOHNREY 0 1,735 28 1,763
Total Votes 0 5,217 75 5,292
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 2,854 56 2,910 / 3,470 83.86%
Precincts Reported: 4 of 4 (100.00%)
Durham Unified School Board Member (Vote for 3)
Candidate Party Live VBM Provisional Total
DOUG CRIDDLE 0 102 1 103
TRISH VEGA 0 67 2 69
Total Votes 0 169 3 172
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 240 4 244 / 316 77.22%
Precincts Reported: 1 of 1 (100.00%)
Marysville Jt Unified TA 4 School Board Member (Vote for 1) Candidate Party Live VBM Provisional Total
SUSAN J. DAVIS 0 4,951 136 5,087
MELISSA A. CRICK 0 4,923 121 5,044
ZACK CONNELL 0 3,117 121 3,238
EMILY S. VAIL 0 4,729 97 4,826
Total Votes 0 17,720 475 18,195
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 10,243 368 10,611 / 13,005 81.59%
Precincts Reported: 9 of 9 (100.00%)
Paradise Unified School Board Member (Vote for 3)
Page: 4 of 15 12/2/2024 1:25:45 PM
22 Candidate Party Live VBM Provisional Total
CORRINE TAYLOR 0 992 42 1,034
RACHEL MARTINEZ 0 873 33 906
RAY SEHORN 0 1,180 22 1,202
Total Votes 0 3,045 97 3,142
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 4,137 139 4,276 / 5,894 72.55%
Precincts Reported: 17 of 17 (100.00%)
Oroville Union School Board Member TA 1 (Vote for 1)
Candidate Party Live VBM Provisional Total
JENNIFER LOPEZ 0 521 28 549
ADELIA DIAZ 0 885 47 932
MARIA WEBBER 0 1,105 54 1,159
Total Votes 0 2,511 129 2,640
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 3,223 178 3,401 / 5,201 65.39%
Precincts Reported: 7 of 7 (100.00%)
Oroville Union School Board Member TA 3 (Vote for 1)
Candidate Party Live VBM Provisional Total
JESSICA ANTHONY 0 492 15 507
BETH PARMENTIER 0 1,140 17 1,157
GAVIN R. NESMITH 0 718 22 740
Total Votes 0 2,350 54 2,404
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 2,926 71 2,997 / 3,713 80.72%
Precincts Reported: 4 of 4 (100.00%)
Oroville City Elementary School Board Member TA 5 (Vote for 1) Page: 5 of 15 12/2/2024 1:25:45 PM
23 Candidate Party Live VBM Provisional Total
MICHAEL BUCK 0 266 16 282
ANITA WILKS 0 405 15 420
JEROME SQUIRES 0 245 7 252
Total Votes 0 916 38 954
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 693 31 724 / 955 75.81%
Precincts Reported: 1 of 1 (100.00%)
Biggs City Council Member (Vote for 2)
Candidate Party Live VBM Provisional Total
MIKE JOHNSON 0 3,187 91 3,278
MICHAEL O'BRIEN 0 3,864 75 3,939
Total Votes 0 7,051 166 7,217
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 7,726 208 7,934 / 9,592 82.71%
Precincts Reported: 6 of 6 (100.00%)
Chico City Council DIST 1 (Vote for 1)
Candidate Party Live VBM Provisional Total
MONICA MCDANIEL 0 3,301 64 3,365
DALE BENNETT 0 3,375 83 3,458
Total Votes 0 6,676 147 6,823
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 7,375 181 7,556 / 9,370 80.64%
Precincts Reported: 7 of 7 (100.00%)
Chico City Council DIST 3 (Vote for 1)
Page: 6 of 15 12/2/2024 1:25:45 PM
24 Candidate Party Live VBM Provisional Total
MELISSA LOPEZ-MORA 0 784 325 1,109
KATIE HAWLEY 0 1,891 366 2,257
Total Votes 0 2,675 691 3,366
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 3,051 898 3,949 / 5,331 74.08%
Precincts Reported: 4 of 4 (100.00%)
Chico City Council DIST 5 (Vote for 1)
Candidate Party Live VBM Provisional Total
DEEPIKA TANDON 0 2,223 155 2,378
BRYCE GOLDSTEIN 0 3,241 118 3,359
Total Votes 0 5,464 273 5,737
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,902 329 6,231 / 8,251 75.52%
Precincts Reported: 5 of 5 (100.00%)
Chico City Council DIST 7 (Vote for 1)
Candidate Party Live VBM Provisional Total
MICHAEL W. FARR 0 1,209 30 1,239
J ANGEL CALDERON 0 1,118 27 1,145
RAYMOND BORGES 0 991 27 1,018
CATALINA SANCHEZ 0 1,107 36 1,143
Total Votes 0 4,425 120 4,545
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 2,372 89 2,461 / 3,515 70.01%
Precincts Reported: 2 of 2 (100.00%)
Gridley City Council Member (Vote for 3)
Page: 7 of 15 12/2/2024 1:25:45 PM
25 Candidate Party Live VBM Provisional Total
LINDA DRAPER 0 318 9 327
RICKY GABRIEL JR. 0 367 15 382
CHUCK REYNOLDS 0 382 20 402
Total Votes 0 1,067 44 1,111
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 1,149 55 1,204 / 1,697 70.95%
Precincts Reported: 3 of 3 (100.00%)
Oroville City Council DIST C (Vote for 1)
Candidate Party Live VBM Provisional Total
SCOTT THOMSON 0 711 19 730
BRYAN WILLIAMS 0 540 10 550
Total Votes 0 1,251 29 1,280
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 1,438 41 1,479 / 1,945 76.04%
Precincts Reported: 3 of 3 (100.00%)
Oroville City Council DIST D (Vote for 1)
Candidate Party Live VBM Provisional Total
JANET GOODSON 0 380 15 395
LEVI KNISS 0 329 22 351
Total Votes 0 709 37 746
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 769 41 810 / 1,423 56.92%
Precincts Reported: 3 of 3 (100.00%)
Oroville City Council DIST E (Vote for 1)
Page: 8 of 15 12/2/2024 1:25:45 PM
26 Candidate Party Live VBM Provisional Total
HEIDI LANGE 0 3,303 91 3,394
STEVE "WOODY" CULLETON 0 2,878 90 2,968
COLLEEN CORNERS 0 2,277 60 2,337
GREG BOLIN 0 2,598 54 2,652
Total Votes 0 11,056 295 11,351
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,698 224 5,922 / 6,968 84.99%
Precincts Reported: 4 of 4 (100.00%)
Paradise Town Council Member (Vote for 3)
Candidate Party Live VBM Provisional Total
DEVIN B. THOMAS 0 7,729 200 7,929
SHANNON DELONG 0 7,760 179 7,939
MICHELLE HUFFMAN 0 7,523 343 7,866
SONNY BRANDT 0 7,690 146 7,836
Total Votes 0 30,702 868 31,570
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 19,639 769 20,408 / 28,492 71.63%
Precincts Reported: 50 of 50 (100.00%)
Feather River Recreation & Park Director (Vote for 3)
Candidate Party Live VBM Provisional Total
SAL RODRIGUEZ 0 4,149 119 4,268
RICK WULBERN 0 4,168 110 4,278
Total Votes 0 8,317 229 8,546
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 9,870 296 10,166 / 13,337 76.22%
Precincts Reported: 16 of 16 (100.00%)
South Feather Water And Power Director Division 2 (Vote for 1) Page: 9 of 15 12/2/2024 1:25:45 PM
27 Candidate Party Live VBM Provisional Total
Yes 1 47,046 2,457 49,504
No 1 39,927 1,129 41,057
Total Votes 2 86,973 3,586 90,561
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 2 School Facilities Bonds (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 48,887 2,353 51,240
No 2 38,455 1,296 39,753
Total Votes 2 87,342 3,649 90,993
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 3 Right to Marriage (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 46,469 2,654 49,123
No 2 41,257 953 42,212
Total Votes 2 87,726 3,607 91,335
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 4 Safe Drinking Water, Wildfire Prevention, Drought Preparedness and Clean Air Bonds (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 33,192 2,093 35,285
No 2 53,413 1,457 54,872
Total Votes 2 86,605 3,550 90,157
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 5 Affordable Housing and Public Infrastructure Bonds (Vote for 1)
Page: 10 of 15 12/2/2024 1:25:45 PM
28 Candidate Party Live VBM Provisional Total
Yes 0 33,086 1,702 34,788
No 2 52,318 1,794 54,114
Total Votes 2 85,404 3,496 88,902
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 6 Involuntary Servitude (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 32,680 2,017 34,697
No 2 55,436 1,650 57,088
Total Votes 2 88,116 3,667 91,785
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 32 Raises Minimum Wage Initiative (Vote for 1) Candidate Party Live VBM Provisional Total
Yes 0 30,620 1,775 32,395
No 2 55,969 1,746 57,717
Total Votes 2 86,589 3,521 90,112
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 33 Rent Control Initiative (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 43,181 1,889 45,070
No 2 39,555 1,498 41,055
Total Votes 2 82,736 3,387 86,125
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 34 Restricts Spending by Health Care Providers Initiative (Vote for 1)
Page: 11 of 15 12/2/2024 1:25:45 PM
29 Candidate Party Live VBM Provisional Total
Yes 0 60,085 2,536 62,621
No 2 26,138 965 27,105
Total Votes 2 86,223 3,501 89,726
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 35 Permanent Funding for Medi-Cal Initiative (Vote for 1) Candidate Party Live VBM Provisional Total
Yes 2 62,419 2,070 64,491
No 0 24,473 1,478 25,951
Total Votes 2 86,892 3,548 90,442
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
PROPOSITION 36 Increases Sentences for Drug and Theft Crimes Initiative (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 58,351 2,633 60,984
No 2 28,288 807 29,097
Total Votes 2 86,639 3,440 90,081
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 92,092 4,012 96,106 / 123,338 77.92%
Precincts Reported: 132 of 132 (100.00%)
Measure H: Butte County Services Measure (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 1,460 76 1,536
No 0 3,908 173 4,081
Total Votes 0 5,368 249 5,617
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,983 318 6,301 / 9,379 67.18%
Precincts Reported: 20 of 20 (100.00%)
Measure J: City of Oroville Treasurer Position Appointment vs. Elected (Vote for 1)
Page: 12 of 15 12/2/2024 1:25:45 PM
30 Candidate Party Live VBM Provisional Total
Yes 0 1,654 98 1,752
No 0 3,491 137 3,628
Total Votes 0 5,145 235 5,380
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,983 318 6,301 / 9,379 67.18%
Precincts Reported: 20 of 20 (100.00%)
Measure K: City of Oroville Compensation Amendment for Council Members & Mayor (Vote for 1)
Candidate Party Live VBM Provisional Total
Yes 0 2,256 111 2,367
No 0 2,648 118 2,766
Total Votes 0 4,904 229 5,133
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,983 318 6,301 / 9,379 67.18%
Precincts Reported: 20 of 20 (100.00%)
Measure L: City of Oroville Repeal Charter Articles (Vote for 1) Candidate Party Live VBM Provisional Total
Yes 0 2,698 113 2,811
No 0 2,281 115 2,396
Total Votes 0 4,979 228 5,207
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,983 318 6,301 / 9,379 67.18%
Precincts Reported: 20 of 20 (100.00%)
Measure M: City of Oroville Charter Language Changes (Vote for 1) Candidate Party Live VBM Provisional Total
Yes 0 3,153 157 3,310
No 0 2,245 96 2,341
Total Votes 0 5,398 253 5,651
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 5,983 318 6,301 / 9,379 67.18%
Precincts Reported: 20 of 20 (100.00%)
Measure N: City of Oroville Low Income Housing Project (Vote for 1) Page: 13 of 15 12/2/2024 1:25:45 PM
31 Candidate Party Live VBM Provisional Total
Bonds - Yes 0 847 28 875
Bonds - No 0 658 9 667
Total Votes 0 1,505 37 1,542
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 1,549 45 1,594 / 2,020 78.91%
Precincts Reported: 3 of 3 (100.00%)
Measure A: Biggs Unified School District Improvement Measure (Vote for 1) Candidate Party Live VBM Provisional Total
Bonds - Yes 0 1,467 33 1,500
Bonds - No 0 1,087 16 1,103
Total Votes 0 2,554 49 2,603
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 2,854 56 2,910 / 3,470 83.86%
Precincts Reported: 4 of 4 (100.00%)
Measure B: Durham Unified School Bond (Vote for 1)
Candidate Party Live VBM Provisional Total
Bonds - Yes 1 31,213 1,737 32,951
Bonds - No 1 18,330 516 18,847
Total Votes 2 49,543 2,253 51,798
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 2 53,078 2,623 55,703 / 69,761 79.85%
Precincts Reported: 59 of 59 (100.00%)
Measure C: Chico Unified School Bond (Vote for 1)
Candidate Party Live VBM Provisional Total
Bonds - Yes 0 1,990 127 2,117
Bonds - No 0 1,574 39 1,613
Total Votes 0 3,564 166 3,730
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 3,892 202 4,094 / 6,155 66.52%
Precincts Reported: 14 of 14 (100.00%)
Measure D: Thermalito Union Elementary School Bond (Vote for 1) Page: 14 of 15 12/2/2024 1:25:45 PM
32 Candidate Party Live VBM Provisional Total
Bonds - Yes 0 5,530 222 5,752
Bonds - No 0 4,834 116 4,950
Total Votes 0 10,364 338 10,702
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 11,359 414 11,773 / 16,112 73.07%
Precincts Reported: 26 of 26 (100.00%)
Measure E: Oroville City Elementary School Bond (Vote for 1) Candidate Party Live VBM Provisional Total
Bonds - Yes 0 4,248 182 4,430
Bonds - No 0 4,990 134 5,124
Total Votes 0 9,238 316 9,554
Live VBM Provisional Total
Unresolved Write-In 0 0 0 0
Live VBM Provisional Total
Times Cast 0 10,243 368 10,611 / 13,005 81.59%
Precincts Reported: 9 of 9 (100.00%)
Measure G: Paradise Unified School Bond (Vote for 1)
Page: 15 of 15 12/2/2024 1:25:45 PM
33 Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 1(o)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Monthly Recovery Update

LONG TERM
RECOVERY PLAN:

Yes
COUNCIL ACTION REQUESTED:

1. None
Background:

This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.

Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.

Analysis:

ECONOMC DEVELOPMENT
CDBG-DR Economic Development
 The Town of Paradise submitted an application for a Workforce Training Center, located on the Paradise High School campus.
 The project is a partnership between the Town of Paradise, Butte College, PUSD, Valley Contractors Workforce Foundation, and NoRETC.
 The Standard Agreement is being routed for signature.

Healthcare
 The Town of Paradise and Adventist Health Feather River Foundation are working together to create a Strategic Healthcare Recovery Plan to assess current inventory, exiting gaps, projections, and a strategic plan for filling the gaps.  The Plan is expected to be ready by Spring 2025.

Biz Pro Academy
 In an effort to make the path to opening a business in Paradise easier, the Town is creating a training program for local volunteers to help potential business owners through the process as mentors.
 The program is under development, with a goal of holding the first training in Spring 2025. 34 RECOVERY
Overall Hazard Mitigation Project Update
Years of efforts are complete on the pre-award work on all our projects. All projects are fully approved and funded.

Category 4 Tree Removal Program
 Project is fully funded and moving forward.
 Work has officially begun on completing the required property survey work in order to have properties ready for tree removal that we anticipate beginning in January.  Contracts are in place and executed for all necessary roles with the exception of the tree cutting contractor. The tree contractor contract approval is later in this December 10 agenda.
 376 properties are moving forward with tree removal. These properties represent over 90% of the total trees eligible for removal in the program from Phase 1 assessments.

Early Warning System
 All 21 Towers are standing and operational.
 20 of the 21 Towers are now fully complete.
 The final tower is expected to be connected to power in the next month.  Infrastructure for the in-home units is beginning and we expect the first units to arrive and be distributed this winter.
 We are working with contractors to turn over full control of the system to the TOP dispatch center.
 The operational guidelines were presented to Town Council and approved in November 2024.

Residential Ignition Resistant Retrofit Program
 Project is fully funded and moving forward.
 All necessary Archeological and Architectural survey contracts are in place and preconstruction survey work is beginning on properties moving forward with improvements  We recently reached out to all property owners to confirm their intent to move forward with improvements and confirm eligibility. Approximately 80% have responded already and are moving forward to the next step.
 As of December 10, 2024, Town staff have met with 49 of the enrolled property owners to assist them in moving forward with the bid process and selecting contractors for work.

Hazardous Fuels Reduction Program
 Project is fully funded and moving forward.
 Town staff are working with involved monitoring tribes on a plan and timeline for implementation.

Defensible Space Code Enforcement
 The Defensible Space Code Enforcement project was fully approved and obligated in 35 November 2023 by FEMA and CalOES.
 Town Staff are coordinating the process to implement this project in order to have the program operating for the Spring 2024 inspection season.  Town Council approved implementation plan in January 2024.  Grant funded staff have been hired and are in place and working in the community, this program has assisted in the Town reaching the record 92% compliance rate.

EMERGENCY MANAGEMENT
 The Town remains ready for any winter storm related EOC events.

Financial Impact:

None.
36 Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 1(o)
ORIGINATED BY: Sarah Richter, Housing Program Technician REVIEWED BY: James Goodwin, Town Manager
SUBJECT: Housing Recovery Update

LONG TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. None
Background:

This report provides the Town Council with an update on Housing activities.

Analysis:

We have 37.23% of our pre-disaster housing stock to-date (1,720 surviving units + 3,154 new CofOs to-date [an increase of 45 from last month] = 4,874 habitable dwellings / 13,091 housing units before the Camp Fire).

Our total number of habitable dwellings does not include the number of mobile homes replaced in mobile home parks because those permits are issued by HCD instead of the Building Dept., but mobile homes are included in the total number of pre-fire housing units. A count of replaced mobile homes is under way which will add to the total number of habitable dwellings in Paradise.

Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($16 million) -- This program helps homeowners rehabilitate or reconstruct their home. We have completed 62 homes, 6 are under construction, and 5 applications in process. HCD recently allowed the grantees to increase loan amounts under the CalHome OOR program to $250,000 when reconstructing a residence. The Housing Dept. made a “last call” for applicants who need to rebuild their home because the expenditure deadline for funds is at the end of 2025. However, the Housing Dept will continue to review applications for as long as funding allows. OOR funds can also be paired with the Recovery & Economic Development Department’s Residential Retrofit program. That program’s grant is limited to 75% of each projects’ cost, but Housing may be able to cover the homeowner’s 25% if the applicant also meets the OOR eligibility requirements.

Town of Paradise First-Time Homebuyer Program ($7 million) -- Helping to make home ownership more affordable. We have assisted 49 households to-date and have 16 applications in process – 12 of our current applicants have received pre-approval letters so far, and 6 are in escrow.

CDBG-DR Multifamily Rental Housing Program ($55 million) -- Affordable rental housing. Seven (7) projects are eligible for funding; a total of 292 units. One project (CHIP, 4 units) has leased up; Eagle Point (43 units) is leasing up and still taking applications; Mayer Commons (12 units) on Kay Ct. continues to progress, scheduled to be done in April of 2025; Northwind Senior (21 37 units) on the corner of Pentz and Kingdom Ct. is at the 4-way inspection, scheduled to be done May of 2025; Cypress Family (70 units) on Cypress Ln., is at sheathing and shear walls and expects to be ready in December of 2025.

The 2 remaining projects (Cypress Senior, 70 units, and Clark Rd., 72 units) are working on securing additional funding and will be applying for tax credits in early 2025.

CDBG (2024 Annual Allocation=$52,474; unspent funds=$90,410.48) – CDBG entitlement grants are on a 5-year plan cycle, and this year is the 5th year in the current plan. Interested members of the public should be on the lookout for upcoming invitations to participate in identifying priority needs in Paradise to create the next 5-year plan (also known as the Consolidated Plan).

A public hearing for a substantial amendment is on this month’s agenda, which proposes to reallocate $200,000 of CDBG-CV (a special award of covid response funds) to two public services.

HOME Infill New Construction ($700,000) -- Create affordable housing for first-time homebuyers.

Grant has been awarded but still waiting for Standard Agreement from HCD.

Permanent Local Housing Allocation (PLHA) ($399,166) – Allocates matching funds to North Valley Housing Trust to administer for affordable housing projects. A predevelopment loan of $400,000 has been made for a multi-family project ($200,000 of PLHA funds) and another $75,000 of PLHA funds was loaned to build a small, single-family home. That home was just finished and sold to a low-income first-time homebuyer and Camp Fire survivor. The funds spent to construct the house were repaid to the Trust through the buyer’s purchase, meaning the Trust can now build another small, single-family home to sell to a different buyer.

Financial Impact:

None.
38 1

TOWN OF PARADISE
Council Agenda Summary
Date: December 10, 2024
Agenda No. 1(o)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Jim Goodwin, Town Manager

SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:

1. None, written monthly update only.

Background:

This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.

Analysis:

Road Rehabilitation
The Town of Paradise is endeavoring to pave every public road mile by the end of 2026. These projects are funded through Camp Fire Recovery Projects and are sequenced behind undergrounding of utilities and water service later replacements.

As of October 2024, the following paving progress can be reported:

25.3 mi. Completed

21.3 mi. Awarded/Under Construction

50.3 mi. Planned 2025 & 2026

96.9 mi. Total
In August 2024, Knife River Construction began work along various roadways in Town, map shown on next page. Recent work includes heavy road rehabilitation involving pulverizing and paving new roadway surfaces. Ongoing work includes final paving lifts, shoulder backing, driveway conforms, raising utility valves to grade and final striping. Due to weather delays, minor work including striping and drainage adjustments remain for December. Select roadways under the current contract will have work commence in spring 2025 due to ongoing utility clearance efforts.
39 2
Paradise Sewer Project
40 3
A complete update for the Paradise Sewer Project is included as a separate agenda item for this meeting.

Capital Project Updates
Below is an abbreviated Project List intended to show the current status of each project. More information on each project’s scope and schedule can be found at www.townofparadise.com/pwe.

Typical project progressions and timeframes are as follows:
(1) Environmental, 6-24 months
(2) Design, 12 months
(3) Right of Way, 6-12 months
(4) Construction, 6-24 months
Project ID Project Title Project
Phase
Anticipated
Construction
Completion
Year
7301 On-System Culvert Replacement Complete -
7302 On-System Hardscape Replacement Complete -
7303 On-System Road Rehabilitation Construction 2026
7304 On-System Sign Replacement Complete -
7307 Neal Road Rehabilitation Design 2028
8404 Camp Fire Hydrant Repairs Design 2025
8407 Off-System Road Rehabilitation Construction 2026
8408 Off-System Culvert Repair Complete -
9389 Pentz Pathway Project Phase II Design 2028
9390 Paradise ATP Gateway Project (Neal Road
Class I) Environmental 2028
9391 Oliver Curve Pathway Phase I Design 2028
9394 Paradise Sewer Project Design 2031
9421 Forest Service Road Improvements Environmental 2027 9422 Foster/Black Olive Intersection Improvements Environmental 2027 9423 Elliott/Nunneley Road Extension Environmental 2027 9424 Skyway Link ATP (Bille to Wagstaff) Environmental 2027 9425 Upper Skyway Widening (Bille to Wagstaff) Environmental 2027 9426 Skyway/Pentz Intersection Improvements Environmental 2028 9427 Pentz Road Widening Environmental 2028
9428 Roe Road Phase 1 (Pentz to S. Libby) Environmental 2028 41 4
9430 Pearson-Hilltop Guard Rail Design 2025
9433 Animal Shelter Expansion Construction 2025
9434 Roe Road Phase 2 (S. Libby to Clark) Environmental 2028 Funding Pursuits
Below is a listing of active funding pursuits related to infrastructure recovery and status updates:

Program Project Title Amount
Requested
Anticipated
Award
Notification
Notes
RAISE 2025
Roe Road
Extension
Phase 2
Project
$25M June 2025
Project qualifies for reserved
funding in 2025 as a “Project of
Merit” in 2024. Streamlined reapplication process. Application due in early 2025.

Federal CDBGDR MIT RIP
Evacuation
Route
Changeable
Message Sign
Project
$5.4M Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.

Federal CDBGDR MIT RIP
Storm Drain
Resiliency
Project
$3.9M Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.

Federal CDBGDR MIT RIP
Private Road
Identification
Safety Project
$960,000 Summer 2024
Project has been formally
awarded. Town waiting on HCD
Agreements to advance to
project kickoff.
42 Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 1(o)
ORIGINATED BY: Tony Lindsey, Community Development
Director, Building & Code Enforcement
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement

LONG-TERM
RECOVERY PLAN:

No
COUNCIL ACTION REQUESTED:

1. Code Enforcement Update
Background:

The Code Enforcement Division is committed to fostering a safe and appealing living and working environment. Our mission is to uphold and enhance our community's overall quality through the fair and impartial implementation of an enforcement program to rectify violations of municipal codes and land use regulations. In collaboration with residents, neighborhood associations, public service agencies, and other Town departments, we strive to:
 Promote voluntary compliance with Town codes.
 Identify and address violations promptly and fairly.
 Foster collaboration efforts to address community concerns.  Actively engage with the community in navigating the code enforcement process.

Analysis:

Under the original Urgency Ordinance, 206 RV Temporary Use Permits (TUPs) were issued.

However, only 56 are currently occupied (Exhibit A).

November October
Parcels permitted to occupy an RV 56 56
Accessory structures 13 13
RV Code Enforcement activity. Parcels with RV violations. (Exhibit B):

November October
Occupied/Unoccupied RVs 31 40
Occupied RVs with TUP Violations 2 2
Compliance gained/RV cases closed 12 6
43 The Community Enhancement Outreach Team, comprised of Disaster Case Managers, Fire Prevention, Housing, Police Department, and Code Enforcement personnel, visited permitted and unpermitted RV sites. Throughout these visits, the team engaged with community members to address unmet needs and provided information about available assistance programs.

November October
Sites Visited 5 13
Community members contacted 4 10
Tenants 0 3
Owner-occupied 5 7
Supplied contact information 3 8
Do not qualify/refused 0 0
Fire Prevention is crucial to our community's safety and supports our continued economic growth. It focuses on three primary goals: Education, Engineering, and Enforcement. Our defensible space and hazardous fuel management ordinance requires property owners to uphold fire-safe conditions regardless of residency. The dedicated Fire Prevention team conducts weed abatement inspections on 11,187 parcels throughout our community to ensure compliance and reduce fire hazards.

In October, 396 properties were originally identified as priority properties, with overgrown vegetation that posed a public nuisance. Since then, compliance has been achieved on 196 properties, reducing the number requiring abatement operations to 200, of which 93 are tax delinquent. Eight weed abatement contractors have received approval from Risk Management, and, weather permitting, work is set to begin in the first week of December.

Escrow defensible space inspections November October
 Clearance requests received 58 85
 Certificates issued 54 76
 Land Surveyor's Certifications 9 25
 First inspection compliance rate 83% 95%
Weed abatement inspections
 Compliant parcels 10,684 – 95% 10,586 – 94%
 Active Code cases 451 560
 Commercial parcels 19 22
 Residential parcels 432 538
Other Code Enforcement Items:

Abandoned Vehicle Authority November October
 Vehicle Tows 1 7
Additionally, Code Enforcement received complaints covering various issues, including waste and refuse problems, zoning violations, construction without the required permits, fire hazards, concerns about vehicles, unauthorized dwellings, cannabis, and the absence of garbage service. 44 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12/21/2023 12/21/2022
10 59 EXHIBIT A
632 6/26/2024
TUP - No Utilities Provided 5 RV TUP Extended 60 7/31/2024 8/28/2024 RV TUP OCCUPIED RV TUP Extended 606159 11/26/2024 56 45
TUPs under ORD 612

RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP
12/21/2022 7/27/2022 EXHIBIT B 12 38
TUP Violations 12/21/2023 5/31/22 6/26/2024 7/27/2022 6/26/2024 12/21/2023 12/21/2022
7/31/2024 10 36 8/28/2024 8 33
er O s 5127
6/26/2024 5/31/22 7/27/2022 9/24
12/21/2023 12/21/2022
7/31/2024 8/28/2024 2 31
5/31/22 6/26/2024
11/26/2024 7/27/2022
12/21/2023 12/21/2022
7/31/2024 8/28/2024
46 TOWN OF PARADISE

CASH DISBURSEMENTS REPORT

FOR THE PERIOD OF
November 1, 2024 - November 30, 2024
47 CASH DISBURSEMENTS REPORT
November 1, 2024 - November 30, 2024
Check Date Pay Period End Description Amount Total
11/8/2024 11/3/2024 Net Payroll - Direct Deposits and Checks $ 257,310.56 11/22/2024 11/17/2024 Net Payroll - Direct Deposits and Checks $ 264,014.73 $ 521,325.29
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 441,971.77 Operations Vendors: Supplies, Contracts, Utilities, Etc. $2,390,954.12 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 2,832,925.89
GRAND TOTAL CASH DISBURSEMENTS $ 3,354,251.18
APPROVED BY:

Aimee Beleu - Finance Director/Town Treasurer
APPROVED BY:

Jim Goodwin - Town Manager
48 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
AP TCB - General Checking
Check
87821 11/08/2024 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 87822 11/08/2024 Open Accounts Payable STATE OF CALIFORNIA FRANCHISE

TAX BOARD
$236.00
87823 11/14/2024 Open Accounts Payable Adams Ashby Group, Inc. $44,860.15 87824 11/14/2024 Open Accounts Payable Adobe, Inc. $182.32 87825 11/14/2024 Open Accounts Payable ADVANCED DOCUMENT

CONCEPTS
$12.99
87826 11/14/2024 Open Accounts Payable AIRGAS SAFETY, INC. $108.03 87827 11/14/2024 Open Accounts Payable Amazon Capital Services $86.17 87828 11/14/2024 Open Accounts Payable Asbury Environmental Services $243.69 87829 11/14/2024 Open Accounts Payable Bear Electrical Systems, Inc $4,970.00 87830 11/14/2024 Open Accounts Payable Bidwell Truck & Auto $34,395.22 87831 11/14/2024 Open Accounts Payable Biometrics4ALL, Inc $7.50 87832 11/14/2024 Open Accounts Payable Broad & Gusman $4,000.00 87833 11/14/2024 Open Accounts Payable Bureau Veritas North America, Inc $18,315.00 87834 11/14/2024 Open Accounts Payable BUTTE CO NEAL ROAD LANDFILL $15.08 87835 11/14/2024 Open Accounts Payable Caltronics Business Systems/J.J. R Ent Inc
$1,548.56
87836 11/14/2024 Open Accounts Payable CivicPlus, LLC $3,990.00 87837 11/14/2024 Open Accounts Payable DADCO CONSTRUCTION $284.34 87838 11/14/2024 Open Accounts Payable Employment Development Dept $1,067.78 87839 11/14/2024 Open Accounts Payable Golden State Emergency Vehicle Service, Inc.
$1,678.04
87840 11/14/2024 Open Accounts Payable GOVERNOR'S OFFICE OF

EMERGENCY SERVICES
$753.75
87841 11/14/2024 Open Accounts Payable GREAT AMERICA LEASING CORP. $145.47 87842 11/14/2024 Open Accounts Payable GREEN RIDGE LANDSCAPING $8,066.28 87843 11/14/2024 Open Accounts Payable Hawkins Delafield & Wood LLP $7,125.00 87844 11/14/2024 Open Accounts Payable HQE Systems, Inc. $85,978.19 87845 11/14/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$17,504.87
87846 11/14/2024 Open Accounts Payable Jacobs Engineering Group Inc. $1,440.32 87847 11/14/2024 Open Accounts Payable KEN'S PARADISE HITCH &

WELDING
$656.65
87848 11/14/2024 Open Accounts Payable L.N. CURTIS & SONS $1,151.18 87849 11/14/2024 Open Accounts Payable LACO Associates $1,500.00 87850 11/14/2024 Open Accounts Payable Look Ahead Veterinary Services $1,805.88 87851 11/14/2024 Open Accounts Payable Marquez, Luis $484.82 87852 11/14/2024 Open Accounts Payable Matrix Consulting Group, LTD $3,300.00 87853 11/14/2024 Open Accounts Payable Meyers Police K-9 Training, LLC $1,050.00 87854 11/14/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $250.00 87855 11/14/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $100,000.00 87856 11/14/2024 Open Accounts Payable MID VALLEY TITLE & ESCROW $660.00 87857 11/14/2024 Open Accounts Payable MIRTA RODARTE $284.34 87858 11/14/2024 Open Accounts Payable NETMOTION WIRELESS, INC. $5,880.00 87859 11/14/2024 Open Accounts Payable O'REILLY AUTO PARTS $271.88 87860 11/14/2024 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $1,323.43 87861 11/14/2024 Open Accounts Payable OROVILLE FORD $64,042.37 87862 11/14/2024 Open Accounts Payable Oroville Tow & Salvage $1,390.00 user: Aimee Beleu Pages: 1 of 5 Tuesday, November 26, 2024 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2024 - To Payment Date: 11/30/2024 49 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
87863 11/14/2024 Open Accounts Payable PACIFIC GAS & ELECTRIC $213.05 87864 11/14/2024 Open Accounts Payable Pamela Elkhechen $351.69 87865 11/14/2024 Open Accounts Payable PARADISE IRRIGATION DIST $43.98 87866 11/14/2024 Open Accounts Payable PARADISE POST $128.62 87867 11/14/2024 Open Accounts Payable PETERSON TRACTOR CO $78.94 87868 11/14/2024 Open Accounts Payable Radco Trucking, Radco Trucking $510.00 87869 11/14/2024 Open Accounts Payable Reconstruction & Recovery Advisors Inc
$39,918.81
87870 11/14/2024 Open Accounts Payable RENTAL GUYS - CHICO $449.69 87871 11/14/2024 Open Accounts Payable RHOMAR INDUSTRIES $471.09 87872 11/14/2024 Open Accounts Payable Shelby's Pest Control, Inc. $270.00 87873 11/14/2024 Open Accounts Payable SONSRAY MACHINERY LLC $632.98 87874 11/14/2024 Open Accounts Payable Spherion Staffing $9,688.65 87875 11/14/2024 Open Accounts Payable Stratti $5,261.83 87876 11/14/2024 Open Accounts Payable Stratton Appraisals $400.00 87877 11/14/2024 Open Accounts Payable SUN RIDGE SYSTEMS, INC. $7,300.00 87878 11/14/2024 Open Accounts Payable T MOBILE USA, INC. $1,830.73 87879 11/14/2024 Open Accounts Payable Tahoe Pure Water Co. $84.84 87880 11/14/2024 Open Accounts Payable Target Solutions Learning $213.00 87881 11/14/2024 Open Accounts Payable The Ferguson Group $265.27 87882 11/14/2024 Open Accounts Payable THOMAS ACE HARDWARE $107.95 87883 11/14/2024 Open Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
$11.91
87884 11/14/2024 Open Accounts Payable THOMAS ACE HARDWARE -

MOTORPOOL
$19.54
87885 11/14/2024 Open Accounts Payable THRIFTY ROOTER $497.33 87886 11/14/2024 Open Accounts Payable TODD KATZ $104.22 87887 11/14/2024 Open Accounts Payable Top Notch Commercial Cleaning Inc. $400.00 87888 11/14/2024 Open Accounts Payable Tri Flame Propane $61.00 87889 11/14/2024 Open Accounts Payable WITTMEIER AUTO CENTER $18.32 87890 11/13/2024 Open Accounts Payable ICMA 457 - MissionSquare $2,479.79 87891 11/18/2024 Open Accounts Payable Amazon Capital Services $974.82 87892 11/18/2024 Open Accounts Payable Eagle Security Systems $2,496.97 87893 11/20/2024 Open Accounts Payable Mercy Housing California 113, L.P. $1,482,103.57 87894 11/22/2024 Open Accounts Payable ICMA 457 - MissionSquare $2,332.43 87895 11/22/2024 Open Accounts Payable STATE DISBURSEMENT UNIT $656.29 87896 11/25/2024 Open Accounts Payable ACCESS INFORMATION

PROTECTED
$211.00
87897 11/25/2024 Open Accounts Payable ALHAMBRA $153.29 87898 11/25/2024 Open Accounts Payable Amazon Capital Services $86.85 87899 11/25/2024 Open Accounts Payable AT&T & CALNET3 - CIRCUIT LINES $764.08 87900 11/25/2024 Open Accounts Payable AWARDS COMPANY $138.83 87901 11/25/2024 Open Accounts Payable Azco Supply Inc $318.94 87902 11/25/2024 Open Accounts Payable Bear Electrical Systems, Inc $2,290.00 87903 11/25/2024 Open Accounts Payable Big O Tires $200.00 87904 11/25/2024 Open Accounts Payable Biometrics4ALL, Inc $1,343.76 87905 11/25/2024 Open Accounts Payable Blancett, Jacquelyn $48.17 87906 11/25/2024 Open Accounts Payable BOLIN, GREG $70.00 87907 11/25/2024 Open Accounts Payable Bug Smart $83.00 87908 11/25/2024 Open Accounts Payable BUTTE CO DISTRICT ATTORNEY $9,000.00 user: Aimee Beleu Pages: 2 of 5 Tuesday, November 26, 2024 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2024 - To Payment Date: 11/30/2024 50 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
87909 11/25/2024 Open Accounts Payable BUTTE CO RECORDER $190.00 87910 11/25/2024 Open Accounts Payable CALIFORNIA STATE DEPARTMENT

OF JUSTICE
$847.00
87911 11/25/2024 Open Accounts Payable COMCAST CABLE $414.63 87912 11/25/2024 Open Accounts Payable COMCAST CABLE $409.63 87913 11/25/2024 Open Accounts Payable COMCAST CABLE $156.63 87914 11/25/2024 Open Accounts Payable COMCAST CABLE $10.00 87915 11/25/2024 Open Accounts Payable CORNERS, COLLEEN $70.00 87916 11/25/2024 Open Accounts Payable Crowder, Steven $1,475.57 87917 11/25/2024 Open Accounts Payable CULLETON, STEVE "WOODY" $70.00 87918 11/25/2024 Open Accounts Payable De Lage Landen Public Finance LLC $781.25 87919 11/25/2024 Open Accounts Payable DOBRICH & SONS SEPTIC $285.00 87920 11/25/2024 Open Accounts Payable DURHAM PENTZ TRUCK CENTER $347.41 87921 11/25/2024 Open Accounts Payable Entersect $109.95 87922 11/25/2024 Open Accounts Payable FIDELITY NATIONAL TITLE

COMPANY - CHICO
$100,000.00
87923 11/25/2024 Open Accounts Payable Flud, Michael $454.00 87924 11/25/2024 Open Accounts Payable GOVERNOR'S OFFICE OF

EMERGENCY SERVICES
$653.25
87925 11/25/2024 Open Accounts Payable GREAT AMERICA LEASING CORP. $156.25 87926 11/25/2024 Open Accounts Payable Heidi Lange $70.00 87927 11/25/2024 Open Accounts Payable HLP, INC / CHAMELEON

SOFTWARE PRODUCTS
$2,073.35
87928 11/25/2024 Open Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV

SVCS/US BANCORP
$3,098.06
87929 11/25/2024 Open Accounts Payable James or Lavenia Riotto $450.00 87930 11/25/2024 Open Accounts Payable Jennifer Arbuckle $4,500.00 87931 11/25/2024 Open Accounts Payable JOHNNY ON THE SPOT

PORTABLES
$379.95
87932 11/25/2024 Open Accounts Payable Kimball Midwest $231.49 87933 11/25/2024 Open Accounts Payable KOEFRAN INDUSTRIES $1,200.00 87934 11/25/2024 Open Accounts Payable L.N. CURTIS & SONS $475.58 87935 11/25/2024 Open Accounts Payable Matrix Consulting Group, LTD $12,850.00 87936 11/25/2024 Open Accounts Payable MORGAN TREE SERVICE $3,500.00 87937 11/25/2024 Open Accounts Payable Murphys Construction $10,300.00 87938 11/25/2024 Open Accounts Payable Nichols-Melburg + Rossetto, AIA + Associates Inc
$1,340.40
87939 11/25/2024 Open Accounts Payable North State Tire Co. Inc. $952.19 87940 11/25/2024 Open Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
$3,249.38
87941 11/25/2024 Open Accounts Payable NORTHGATE PETROLEUM CO $8,592.19 87942 11/25/2024 Open Accounts Payable NORTHSTAR $2,451.00 87943 11/25/2024 Open Accounts Payable O'REILLY AUTO PARTS $123.24 87944 11/25/2024 Open Accounts Payable OFFICE DEPOT ACCT#36233169 $464.10 87945 11/25/2024 Open Accounts Payable Old Republic Title Company $100,000.00 87946 11/25/2024 Open Accounts Payable Oroville Tow & Salvage $1,050.00 87947 11/25/2024 Open Accounts Payable PACIFIC GAS & ELECTRIC $10,006.91 87948 11/25/2024 Open Accounts Payable Pamela Elkhechen $37.53 87949 11/25/2024 Open Accounts Payable PARADISE POST $118.07 87950 11/25/2024 Open Accounts Payable Perrin Construction Inc $47,092.50 user: Aimee Beleu Pages: 3 of 5 Tuesday, November 26, 2024 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2024 - To Payment Date: 11/30/2024 51 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
87951 11/25/2024 Open Accounts Payable Peters, Habib, McKenna, JuhlRhodes & Cardoza, LLP$4,395.50 87952 11/25/2024 Open Accounts Payable PG&E CFM/PPC Department $21,848.87 87953 11/25/2024 Open Accounts Payable ROBERT COLLINS $125.00 87954 11/25/2024 Open Accounts Payable Sigler Pest Control $50.00 87955 11/25/2024 Open Accounts Payable SMS Assist LLC $71.39 87956 11/25/2024 Open Accounts Payable Spherion Staffing $5,562.13 87957 11/25/2024 Open Accounts Payable Stratti $1,032.00 87958 11/25/2024 Open Accounts Payable T and S DVBE Inc. $8,142.29 87959 11/25/2024 Open Accounts Payable The Ferguson Group $10,000.00 87960 11/25/2024 Open Accounts Payable THOMAS ACE HARDWARE $1,538.29 87961 11/25/2024 Open Accounts Payable THOMAS ACE HARDWARE -

MOTORPOOL
$25.19
87962 11/25/2024 Open Accounts Payable Top Notch Commercial Cleaning Inc. $4,600.00 87963 11/25/2024 Open Accounts Payable Tri Flame Propane $149.75 87964 11/25/2024 Open Accounts Payable TUCKER PEST CONTROL INC $95.00 87965 11/25/2024 Open Accounts Payable Urban Design Associates. LTD $20,639.75 87966 11/25/2024 Open Accounts Payable VERIZON WIRELESS $287.59 87967 11/25/2024 Open Accounts Payable VERIZON WIRELESS $1,367.20 87968 11/25/2024 Open Accounts Payable VERIZON WIRELESS $73.35 87969 11/25/2024 Open Accounts Payable Wallis, Roy $25.00 87970 11/25/2024 Open Accounts Payable Williams Scotsman, Inc. (Mobile Mini) $157.35 87971 11/25/2024 Open Accounts Payable WILSON PRINTING $117.72 87972 11/26/2024 Open Accounts Payable Aflac $57.98
87973 11/26/2024 Open Accounts Payable Met Life $12,757.74 87974 11/26/2024 Open Accounts Payable OPERATING ENGINEERS $884.00 87975 11/26/2024 Open Accounts Payable PARADISE POLICE OFFICERS

ASSOCIATION
$2,282.56
87976 11/26/2024 Open Accounts Payable SUN LIFE INSURANCE $9,883.01 87977 11/26/2024 Open Accounts Payable SUPERIOR VISION SVC INC $886.68 87978 11/26/2024 Open Accounts Payable TOP CONFIDENTIAL MID MGMT

ASSOCIATION
$100.00
Type Check Totals: 158 Transactions $2,424,998.67
EFT
75 11/08/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$13,136.35
76 11/08/2024 Open Accounts Payable INTERNAL REVENUE SERVICE $42,440.77 77 11/13/2024 Open Accounts Payable CALPERS - RETIREMENT $65,715.94 78 11/13/2024 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $7,924.11 79 11/12/2024 Open Accounts Payable CALPERS $145,635.62 80 11/22/2024 Open Accounts Payable EMPLOYMENT DEVELOPMENT

DEPARTMENT
$13,697.13
81 11/22/2024 Open Accounts Payable ING LIFE INS & ANNUITY COMPANY $8,708.95 82 11/22/2024 Open Accounts Payable INTERNAL REVENUE SERVICE $43,736.16 83 11/22/2024 Open Accounts Payable CALPERS - RETIREMENT $66,932.19 Type EFT Totals: 9 Transactions $407,927.22
AP TCB - General Checking Totals
Checks Status Count Transaction Amount Reconciled Amount Open 158 $2,424,998.67 $0.00
Reconciled 0 $0.00 $0.00
user: Aimee Beleu Pages: 4 of 5 Tuesday, November 26, 2024 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2024 - To Payment Date: 11/30/2024 52 Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 158 $2,424,998.67 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 9 $407,927.22 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 9 $407,927.22 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 167 $2,832,925.89 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 167 $2,832,925.89 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 158 $2,424,998.67 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 158 $2,424,998.67 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 9 $407,927.22 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 9 $407,927.22 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 167 $2,832,925.89 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 167 $2,832,925.89 $0.00
user: Aimee Beleu Pages: 5 of 5 Tuesday, November 26, 2024 Payment Register

TOWN OF PARADISE
From Payment Date: 11/1/2024 - To Payment Date: 11/30/2024 53 Town of Paradise
Council Agenda Summary
Date: December 10, 2024
Agenda Item: 2(b)
ORIGINATED BY: Melanie Elvis, Town Clerk/Elections Official REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Update the Council Member Handbook

LONG TERM
RECOVERY PLAN:

No.

COUNCIL ACTION REQUESTED:

1. Adopt Resolution No. 2024-___ “A Resolution of the Town Council of the Town of Paradise Rescinding Resolution No. 14-37 and Adopting the Revised Council Member Handbook.”
Background:

The Town Council first adopted a Council Member Handbook on October 7, 1981. Since then, there have been several iterations of the handbook which have been amended to update and include current policies, procedures and other general information over the years. The most recent handbook was adopted in 2014 by Resolution No. 14-37.

Analysis:

The purpose of the Council Member Handbook is to provide a basic overview of the challenges and unique factors affecting the Town Council and at the same time offer information of both the technical and general natures regarding management, policies and organization of the Council and Town government.

This handbook is a compilation of information from various sources, including, but not limited to, the League of California Cities guide for new Council Members, local and state laws and policies, such as the Council’s adopted polices and certain sections of the Paradise Municipal Code, the Fair Political Practices Conflict of Interest Guidelines, the Ralph M. Brown Act (Open Meeting Law), and the structure of General Law Council/Manager government, etc.

This version of the handbook updates Town department descriptions, the role of a Town Council Member in the Emergency Operations Center, training requirements, eliminates outdated contracts and includes an overview of the Public Contract Code.

Financial Impact:

None.
54 TOWN OF PARADISE
RESOLUTION 2024-__

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE RECINDING RESOLUTION NO. 14-37 AND ADOPTING THE REVISED COUNCIL MEMBER HANDBOOK WHEREAS, the Town Council of the Town of Paradise wishes to revise its Council Members Handbook, first adopted by Resolution No. 81-41 and revised by Resolution No. 88-50, 96-09, 00-36, 06-04 and 14-37; and,
NOW, THEREFORE, BE IT RESOLVED that the Council Members Handbook in the revised form attached to this Resolution as Exhibit “A” and incorporated herein by this reference is hereby adopted and approved, including all statements of policy contained therein.

PASSED AND ADOPTED by the Town Council of the Town of Paradise this 10 th
day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
, Mayor
ATTEST:
_____________________________
Melanie Elvis, Town Clerk/Elections Official
APPROVED AS TO FORM:
_____________________________
Scott E. Huber, Town Attorney
55 Town of Paradise
Council Members
Handbook
Adopted December 10, 2024
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TABLE OF CONTENTS

LIST OF ATTACHMENTS
I. INTRODUCTION
II. ETHICS AND CONFLICT OF INTEREST
III. GENERAL INFORMATION REGARDING TOWN DEMOGRAPHICS
IV. TOWN GOVERNMENT STRUCTURE
A. TOWN COUNCIL

1. Mayor

2. Vice Mayor
B. COUNCIL APPOINTED POSITIONS

1. Town Manager

2. Town Attorney
C. OTHER DEPARTMENTS (Under the Town Manager)

1. Town Clerk/Elections Official

2. Police Department

3. Fire Department

4. Financial Services Department
Town Treasurer & Investment Committee

5. Community Development Department

6. Engineering and Public Works Department

7. Human Resources / Risk Management

8. Information Systems

9. Recovery and Economic Development Department
D. COUNCIL APPOINTED COMMISSIONS AND COMMITTEES

1. Planning Commission

2. Measure V Citizens Oversight Committee
V. COUNCIL LEGISLATIVE ACTS
A. Ordinances
B. Resolutions
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C. Motions (Minute Orders)
VI. PUBLIC PARTICIPATION IN COUNCIL MEETING
VII. COUNCIL/MAYOR RELATIONS
VIII. MANAGER/MAYOR/COUNCIL RELATIONS
IX. TOWN’S PERSONNEL SYSTEM
X. COUNCIL RELATIONS WITH ADMINISTRATIVE PERSONNEL
XI. PERFORMANCE EVALUATIONS
XII. GETTING THE JOB DONE
XIII. OTHER DUTIES AND RESPONSIBILITIES
A. Council Meetings
B. Committee/Commission Representation
C. Contact with Citizens/Complaint Procedure
D. Placing Items on the Agendas
E. Press, Radio and Television Contacts
F. Council Compensation
G. Emergency Management
H. Required Trainings
XIV. SUCCESSOR AGENCY
XV. BALANCING TEAMWORK AND CONFLICT
XVI. CHECK LIST FOR COUNCIL MEMBERS
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LIST OF ATTACHMENTS

1. ORGANIZATIONAL CHART Updated 2024/2025

2. Conduct of Meetings…… RESOLUTION 2024-09, Amending and Restating Procedure Relating to Conduct of Town Council Meetings

3. Mayor’s Role …………… RESOLUTION 12-48, Approving the Role of the Mayor Relating to the Paradise Town Council/Manager Form of
Government
RESOLUTION 88-55, Amending Resolution #83-40 and
#85-41, Adopting Policies Concerning the Town of Paradise (Related to Selection of Mayor and Vice Mayor)

4. Purchasing………………. CHAPTER 2.45, PARADISE MUNICIPAL CODE, Establishing Purchasing System for Town of Paradise

5. Successor Agency …….. RESOLUTION 12-08, Establishing the Successor Agency of the Paradise Redevelopment Agency Pursuant to
Assembly Bill 1X26
All California Redevelopment Agencies were dissolved by AB 1X 26 on February 1, 2012 which necessitated naming
a Successor Agency of the Paradise Redevelopment
Agency.

6. Conflict of Interest……… A PUBLIC OFFICIAL’S CONFLICT OF INTEREST

OVERVIEW & CHECKLIST

7. Ralph M. Brown Act……. OPEN & PUBLIC VI A Guide to the Ralph M. Brown Act

8. Public Contract Code….. PUBLIC CONTRACTING: PURCHASING REQUIREMENTS & RENEWABLE ENERGY /ENERGY EFFICIENT

PROJECTS

9. Council/Manager/Staff… RELATIONSHIP BETWEEN CITY COUCIL AND CITY

MANAGER STAFF

10. Required Trainings……… SEXUAL HARASSMENT; DE-ESCALATION; ETHICS

TRAININGS
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I. INTRODUCTION
This Council Member Handbook is designed as guide for Paradise Town Council Members. Paradise is a General Law city as opposed to a Charter city. A General Law city is primarily governed by the California State Government Code and other State codes rather than a city Charter.

The actions of a Town Council Member is the public’s business. The Town Council is an elected board of directors for a municipal corporation. Every citizen in Town is a stockholder entitled to be heard and to scrutinize the public and possibly the private conduct of their elected officials.

This handbook is intended to provide a basic overview of the challenges and unique factors affecting the Town Council and at the same time offer regarding management, policies and organization of the Council and Town government. It is envisioned as a working document which can be amended and easily adapted to new information and the unique challenges of Paradise.

II. ETHICS AND CONFLICT OF I NTEREST
California has a complex set of ethics laws to guide local officials in their service to their communities. This handbook does not duplicate those laws. It is the responsibility of elected officials to familiarize themselves with these laws and to seek the advice of the Town Attorney if they have questions regarding a particular set of circumstances.

Generally speaking, legal requirements relating to public official ethics fall into three categories:
• Laws designed to prevent public officials’ personal financial interests from influencing public agency decisions.
• Laws limiting personal advantages and perks relating to public office. • Laws relating to open government, fair processes and impartial decision-making.

Keeping the following four core principles in mind can help guide decisions and actions:

1. Public officials may not use their offices for personal financial gain.

2. Holding public office does not entitle one to personal advantages or perks.

3. Transparency promotes public trust and confidence.

4. Merit-based decision-making based on fair processes produces the best results for the public.

Town of Paradise Resolution No. 2023-06 requires all council members to file statements of economic interest pursuant to California Code of Regulations Section 18730 as adopted or subsequently amended by the fair Political practices Commission. All council members are also required by AB 1234 to complete ethics training every two years. Ethics laws are only minimum 60 5
standards. It is simply not possible to write laws that prevent all actions that might diminish the public’s trust. For this reason, the laws should be viewed as a floor for conduct, not a ceiling.

Just because a given course of conduct is legal does not mean that it is ethical (or that the public will perceive it as such). Council members should exercise their powers free from personal bias – including biases that have nothing to do with financial gains or losses. They should also strive to avoid the perception of impropriety in conduct and decision-making.

III. GENERAL INFORMATION REGARDING THE TOWN DEMOGRAPHICS Paradise, first settled in the early 1800's, was incorporated November 27, 1979, with a population of just under 23,000. Following the 2018 Camp Fire, Paradise has a current population of just over 10,000, is located in Butte County and is approximately 18 square miles with over 100 miles of public roads and streets.

In 2018, 95% of the Town was destroyed by wildfire. Since then, Town staff and cooperating agencies have worked tirelessly to bring Paradise back to its former glory using the community directed Long-Term-Recovery Plan as its guide.

Paradise is located 175 miles northeast of San Francisco, 92 miles north of Sacramento, 22 miles north of Oroville, 14 miles northeast of Chico and 150 miles northwest of Reno, Nevada.

Paradise has something for everyone. Many organizations are active on the ridge, including, but not limited to, churches, agricultural groups, business and professional associations, cultural arts, fraternal organizations, political and labor groups, recreation and sports, senior citizen organizations, service organizations and social services.

Paradise boasts one elementary school, one intermediate school, one high school, charter schools and private schools. Butte Community College is located nine miles south and California State University Chico is 14 miles southwest of Paradise.

The Paradise Recreation and Park District (PRPD), Paradise Irrigation District (PID), Paradise Unified School District and the Paradise Cemetery District are separate entities and have their own elected Boards of Directors and employees. Paradise is proud of its museum of local history located on Pearson Road. C ommunity festivals include Gold Nugget Days, celebrating the discovery of a 50+ pound gold nugget on the upper ridge once known as Dogtown, which is sponsored by the Gold Nugget Museum; Johnny Appleseed Days, celebrating the apple industry once a major industry in Paradise, sponsored by the Paradise Ridge Chamber of Commerce and local merchants, Chocolate Festival, celebrating all things chocolate, a fund raiser for youth programs in the community, and Party in the Park, sponsored by the Paradise Ridge Chamber of Commerce.

IV. TOWN GOVERNMENT STRUCTURE

FORM OF GOVERNMENT
The Town of Paradise has a Council/Manager form of municipal government that was approved by the voters when the Town was incorporated in November, 1979. 61 6

TOWN COUNCIL
The Town Council consists of five members elected at large. In 1985, the Town of Paradise consolidated its General Municipal Election with the General State Election held on the second Tuesday in November of even numbered years. Any voter registered in the Town of Paradise and residing within the Town limits may be eligible for election regardless of age, sex or national origin. The Town Council shall remain non-partisan and non-sectarian.

1. Mayor
The Mayor shall be selected each year by the members of the Council at the first regular meeting in December for a term of one year. The Mayor may serve successive terms if selected to do so by the majority of the Council. The Mayor is responsible for presiding at the Council meetings, for ceremonial duties and signing certain documents and shall have no regular administrative duties. The Mayor does not possess veto power over Council actions.

2. Vice Mayor
The Vice Mayor shall be selected each year by the Council at the first regular meeting in December for a term of one year. The Vice Mayor may serve successive terms if selected to do so by the majority of the Council. The Vice Mayor shall act for the Mayor in the Mayor’s absence.

B. COUNCIL APPOINTED POSITIONS

1. Town Manager
The Town Manager is the Chief Administrative Officer of the Town, advises the Council on the affairs of the Town and is responsible for directing and coordinating all municipal activities and administering the policies set by Council. The Town Manager appoints all department directors with the exception of the Town Attorney which is also a Council appointed position. The Town Manager also serves as the Town’s Emergency Services Director. (PMC Chapter 2.04)

2. Town Attorney
The Town Attorney is an independent contractor rather than an in-house employee and is appointed by the Town Council. The Town Attorney is the legal advisor for the Council, the Manager and department directors. The Town Attorney represents the Town in legal actions, acts as prosecuting attorney, handles the acquisition or condemnation of real property, supervises assessment district proceedings, and prepares or reviews all ordinances, resolutions and contracts.

The Town Attorney acts as counsel or co-counsel on all civil litigation brought against the Town. (PMC Chapter 2.06)
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C. TOWN DEPARTMENTS SUPERVISED BY THE TOWN MANAGER

1. Town Clerk/Elections Official
The Town Clerk reports directly to the Town Manager and is responsible for maintaining the records of Council actions, and permanent records of all Town Council transactions. The Clerk takes official minutes of all Council meetings, including minutes of Closed Sessions, which are kept in a confidential file. (Provisions for Closed Sessions are set forth in the Ralph M. Brown Act.) The Town Clerk coordinates and distributes all Council correspondence, the filing officer for the requirements of the Fair Political Action Commission, coordinates all claims against the Town and is the agent for service of process. No original records shall be removed from the Town Clerk’s Dept. The Town Clerk also serves as the Elections Official for the Town of Paradise. (PMC Chapter 2.10)

2. Police Department
The Police Chief answers directly to the Town Manager. The Police Department is responsible for Operations (patrol officers), Investigations (detectives), Communications (Dispatch/911), and Animal Control. (PMC Chapter 2.24)

3. Fire Department
The Town of Paradise contracts with the California Department of Forestry and Fire Protection (CAL FIRE) for services pursuant to an agreement approved by Resolution No. 12-35 on October 9, 2012. The current term of the agreement is from July 1, 2021 to June 30, 2025. The Fire Department is responsible for fire suppression, fire prevention, medical emergency response and the volunteers. (PMC Chapter 2.20, Resolution No. 21-14)

4. Financial Services Department
The Finance Services Director answers directly to the Town Manager. This department is responsible for the finances of the Town (accounts receivable, accounts payable, annual budget, payroll, required state and federal reports financial analysis and internal auditing). The Finance Director also serves as the Town Treasurer. (PMC Chapter 2.16)

5. Community Development Department
The Community Development Directors answer directly to the Town Manager. This department oversees six divisions. The Community Development Director – Planning and Wastewater oversees the Wastewater, Planning, and Solid Waste.

The Community Development Director – Building and Code Enforcement oversees the Building, Code Enforcement and Fire Prevention divisions. (PMC Chapter 2.12)

6. Engineering and Public Works Department
The Public Works Director/Town Engineer answers directly to the Town Manager.

This department is responsible for Engineering (drainage projects, capital 63 8
improvement projects, street and road improvements), the Paradise Sewer Project, the Fleet Maintenance (maintenance of Police, Fire, Public Works and all Town vehicles and equipment) and Public Works (streets, drainage, site improvements, brush removal). (PMC Chapter 2.12.060)

7. Human Resources/Risk Management
The Human Resources Director/Risk Management answers directly to the Town Manager, and under the general direction of the Town manager, plans, directs, supervises and coordinates activities related to human resources and risk management for the Town; organizes and administers various human resources functions and activities such as recruitment, testing, training, classification, wage/salary administration, benefits administration, workers compensation, safety and training programs; and assures compliance with applicable ordinances and codes. (PMC Chapter 2.32)

8. Information Systems Department
The Information Systems Director answers directly to the Town Manager. The position is responsible for the technical design, planning, implementation, maintenance, management and administration of the Town’s information technology systems and telephone communications systems; p rovides highly technical and responsible staff assistance to the entire Town organization and the Emergency Operations Center when activated. (Resolution No. 21-31)

9. Recovery & Economic Development Department
The Recovery and Economic Development Director answers directly to the Town Manager. The department was created after the 2018 Camp Fire to plan, direct and oversee the Town’s recovery and economic development, emergency management and advocacy projects and programs as outlined in the Long-Term Recovery Plan as well as the Business and Housing Division. (Resolution No. 21-31)
D. COUNCIL APPOINTED COMMISSIONS AND COMMITTEES
The Town Council has the authority to form citizen committees to assist them in their decision-making process. In order to encourage a broad-based consideration of appointees to boards or commissions, all persons desiring to be considered for appointment shall complete at least one application for each board or commission on which the person desires to serve and shall be a full- time resident and registered voter of the Town of Paradise. All efforts will be made to provide necessary public information relative to vacancies prior to any such appointment.

Applications shall be considered current for one year from the date received. The Council may, however, in making appointments to temporary advisory boards and committees, depart from these guidelines.

1. Planning Commission
The Planning Commission consists of five Commissioners who must reside within 64 9
the Town limits, or be registered voters in the Town of Paradise, each appointed by the Town Council to four-year terms of office. This Commission makes final decisions as well as recommendations to the Town Council on most development and land use applications. They also advise the Council on long-range planning and General Plan matters. Meetings are held on the 3rd Tuesday of each month in the Town Hall Council Chambers at 6:00 p.m. (PMC Chapter 2.12 Article III)

2. Measure V Citizen Oversight Committee
The Measure V Citizens Oversight Committee, established by the same local law which proposed the sales tax (Ordinance No. 545), reviews the spending of tax revenue. The committee consists of a 9-member board of residents and business owners in the Town of Paradise. The purpose of the committee is to provide independent recommendations and assist in monitoring and reporting of spending of tax monies. The committee meets at least quarterly as well as during the Town's budget preparation with the Town Manager and Finance Director to ensure that the funds are appropriately allocated. (PMC Chapter 3.22.075) V. COUNCIL LEGISLATIVE ACTS:

A. ORDINANCES
An Ordinance is a law enacted by the Town Council under powers delegated to it by the California State Government Code and the State Constitution. Ordinances are the laws of a municipality. An Ordinance is introduced at one meeting, considered for adoption at a second meeting and then published in the local newspaper after adoption. It becomes effective 30 days after adoption unless the Town Council declares an urgency due to public health, welfare or safety, which then becomes effective immediately upon adoption. An Ordinance can be repealed or amended by a subsequent ordinance and is subject to referendum by the electorate. It is the most binding form of action taken by the Town Council.

B. RESOLUTIONS
A Resolution may be passed expressing the policy of the Town Council or directing certain types of procedural or administrative actions. They are generally used for approving agreements, procedures or fund appropriations. It requires only one reading and may be changed by a subsequent Resolution. Most are not subject to referendum by the electorate and become effective immediately upon adoption.

C. MOTIONS (MINUTE ORDERS)
A motion requires majority Council approval for procedural or administrative action.

Motions are usually used for disposition of business items on the agenda. When the Town Council is not prepared to take a definite action or when further study or information is needed, the Town Council may refer the matter to staff, an advisory body or a citizens’ group for study or report. Except where otherwise required by law, Council adheres to Rosenburg’s Rules of Order, Revised, to govern the conduct of regular Town Council meetings.
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VI. PUBLIC PARTICIPATION IN COUNCIL MEETINGS
The Ralph M. Brown Act commonly referred to as the Open Meeting Law (Government Code Sections 54950 through 54962) sets forth the requirements for public participation at meetings of legislative bodies. Under the Brown Act, the public can attend all meetings of the Town Council, with exception of the Closed Session, without having to register or give other information as a condition of attendance. The Brown Act also sets forth the permissible Closed Session subjects. The Town Council may not prohibit any person attending an open meeting from video recording, audio recording or broadcasting the proceedings so long as it does not interrupt the proceedings of the meeting. The public is guaranteed the right to provide testimony at any regular or special meetings on any subject which will be considered by the legislative body before or during its consideration of the item. However, the Town Council may enact regulations to ensure reasonable access for members of the public, including limiting the total amount of time of testimony on particular issues and for each individual speaker. In addition, the public has the right at every regular meeting to provide testimony on any matter under the legislative body’s jurisdiction. Every Agenda for a regular Town Council Meeting has a Public Communication section during which members of the public may address Council regarding items not on the agenda. The Council is prohibited by the Brown Act from taking action on any item that is not listed on the agenda.

VII. COUNCIL/MAYOR RELATIONS
The Mayor is the Presiding Officer at Council meetings and is responsible for maintaining order at the meetings. The Mayor also serves as the ceremonial head of the Town in the community. It is the Mayor’s duty to exert every effort to unite the Council into a working, cohesive group. Much of the success of Council/Manager government will depend on how well the Council functions as a team.

The Council operates as a unit, and all members must be tolerant of each other’s views.

There are many opportunities for real differences of opinion in municipal affairs; such is the democratic process in action. It is unwise, however, either in or out of Council Chambers, to impugn the motives of a colleague with a different point of view.

Council Members must develop a spirit of compromise. To be most effective, the Council Member must learn to round off the sharp corners, cool tempers, and be tolerant and understanding of colleagues. This does not mean following colleagues blindly for the sake of unanimity. A member in a minority on a particular issue has the responsibility to vote his or her beliefs. To do less is to shirk an important duty.

VIII. MANAGER/MAYOR/COUNCIL RELATIONS
Maintaining a positive and constructive relationship between the Council and the Manager is essential to the success and continued progress of the Town and depends largely on all parties maintaining open lines of communication between each other, as well as maintaining a mutually respectful working relationship.

The Council/Manager form of government is structured with a duly elected legislative branch i.e., the Council who serves as the policy making body for the Town; and a Manager who is both responsible for the implementation of the decisions determined in open session by the 66 11
majority of the Council, and for the day-to-day management and administration of Town government policies, programs and projects. The Manager also serves as the chief policy advisor to the Council.

Council Members and Managers generally have found that their contacts should be confined to group meetings as much as possible. However, individual Council Members are encouraged to contact the Town Manager to express specific concerns or questions. Of necessity, the Manager will have a close working relationship with the Mayor, particularly in providing support in the fulfillment of special leadership responsibilities, including those of an intergovernmental nature. The Manager generally cannot encourage the frequent recurrence of meetings with an individual member of the Council as he/she cannot be placed in the position of having favorites.

The Council can, however, expect the Manager to provide a means for individual members to report complaints and/or questions they receive. Any action taken by the Manager in response to such referred complaints or questions should be consistent with existing Town policy or be approved by the Council as a whole. Where an individual member requests specific and appropriate action or a report on a problem, the Manager will be zealous in meeting the demands of the situation and will inform the whole Council on any such matters that are of general interest.

The Town Manager is directly responsible for obtaining action and reporting on a schedule that is satisfactory to the Council - providing information, acting in accord with the Council policy and developing recommendations when needed. When the Town Manager is doing the job there is little incentive for the Council to bypass the office. When the Council begins to bypass the Manager, it is a sure sign that relations are strained.

IX. TOWN’S PERSONNEL SYSTEM
The Human Resources Division is responsible for the administration of the Town’s personnel system. The Town has a legally prescribed personnel system that adheres to both existing federal and state laws, its own adopted personnel policies and procedures, and approved memorandums of understanding with each of its employee groups or units. The personnel system clearly recognizes and identifies management and employee rights, as well as established procedures associated with recruitment and hiring, annual personnel evaluations, the merit system, matters of compensation, disciplinary and grievance procedures, etc. The only at-will employee in the Town is the Town Manager who reports directly to the Council.

X. COUNCIL RELATIONS WITH ADMINISTRATIVE PERSONNEL
The quality and completeness of communication between members of the management team (Department Directors under the Town Manager), members of the Town Council, and between the Town Council and its appointed staff (Town Manager and Town Attorney) is the foundation for human relations in the organization. Each participant in the Town organization, elected or appointed, must work at appreciating the many sets of relationships which exist, and which must be accommodated in the process of setting and affecting Town policy.

Perhaps one key to successful relationships is for each participant to consistently try to put himself or herself in the other person’s shoes. A Council Member should naturally consider how a colleague on the Council would react to the situation, or the factors that the Mayor or Town Manager must consider in relation to the same situation. All must be especially conscious of the fact that our relationships exist both at the individual and group level, and these levels are 67 12
different. The human dynamics involved in working through group decisions are much more complex than is true when just two people face the same task.

A good working relationship at the top of the Town organization is clearly important. To realize this, the participants must have a good understanding of the roles and responsibilities of each other for starters, and then must work at the job of communication to keep it.

The Paradise Municipal Code establishes the office and duties of the Town Manager and states that the Town Council Members, except for purposes of inquiry and obtaining minor information, shall deal with the administrative officers under the Town Manager’s jurisdiction solely through the Town Manager. The intent is to have the Town Council Members limit its contact with the Town Department Directors and employees to requests for minor information, and to issue directives only as a body to the Town Manager. This in no way limits any Council Member from contacting any Department Director to obtain information regarding an agenda item or a contact he or she may have had with a citizen.

Since administrative personnel (excluding the Town Attorney) are responsible to the Town Manager and to perform work at the direction of the Town Manager, any attempt by individual Council Members to short circuit the Town Manager’s authority by issuing direct orders to officers or employees, or by requesting detailed reports that are very time consuming, will cause friction in the administrative mechanism. Where information needed by an individual involves more than a simple answer which can be immediately supplied by an employee, the request should be made to the Town Manager with copies distributed to all Council Members for their information.

Another phase of the same problem occurs when departmental officers seek to bypass channels and develop a “friend” on the Council. The Council Member can do much to make the Town Manager’s job impossible by fostering such relationships.

XI. PERFORMANCE EVALUATIONS
Performance evaluations are a communication device. Without performance appraisals something is lost in the communication process and loss in this area can ill be afforded by any of the participants in local government.

On the anniversary date each year on the date of the contract Council entered into with the Town Manager, Council shall conduct regular evaluations of performance. Performance evaluation forms are provided, and Council may complete them in writing and then conduct the evaluation of the employee during a closed session scheduled for personnel matters.

The Town Manager is responsible for performance evaluations of Department Directors and Department Directors are responsible for performance evaluations of employees in their respective departments.

XII.GETTING THE JOB DONE
Council Members must be able to determine three things to carry out properly the duties of office: (1) What needs to be done? (2) What do the people want done? (3) What in broad policy is the best way to do it. The answers to these three questions are not necessarily always in harmony. Some things may need doing and technically can be accomplished easily, but the people may not want them. An example might be more traffic officers and radar equipment to catch speeders.
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One of the greatest challenges is embracing, and helping the public understand that the true function of a Council Member is to be a generalist in policy making, with actual administration carried forward by the Town Manager and principal subordinates and employees.

Where can the answers be found? Where can information be obtained? The problem is not so much one of obtaining information as it is of sorting out the correct answers from the mass of material with which the policy maker is deluged. To determine the needs of the Town, Council Members have recourse, first, to their own observations. More than anything, it is essential to know the community.

Even before election, members will have ideas about Town needs. Once in office, talking with groups and individuals, and keeping in touch in general with what is going on will provide more ideas. As citizens and individuals, members should express ideas and opinions and not simply react when a voter presses a button.

A second source of information comes unsolicited in the form of complaints, suggestions and ideas submitted by interest groups and individual citizens. These deserve courteous and careful attention, as they are a valuable source for determining the needs of the Town. These people are citizens and taxpayers, a fact that Council Members frequently have called to their attention.

The third source of ideas is the Town administrative staff. They look at the Town through the eyes of professional administrators, and the problems they see and the suggestions they offer for solution may be far different from those presented by the layman.

Once the Council Member has assimilated the information garnered from all sources and determined the necessary action, there is a second decision to make. What do the majority of the people want done? Members have the right to convince citizens of the worth of a proposal they deem important, but the wishes of constituents should always be taken into consideration. At the same time pressure groups, often representing only a small but very vocal special interest segment of the community, must be handled. As far as possible, the Council should consider issues on a Town-wide basis rather than by sections or districts.

The Council will have plenty of volunteer help. Various interest groups purporting to represent the will of a majority of citizens will be there whenever any important issue is involved.

These groups often represent a minority of the citizenry, but they should be given consideration so far as they provide valuable clues to the state of public opinion. Personal investigation, such as talking to individuals and with small groups, club members, and church and civic organizations, is very important.

The Council as a whole occasionally may make effective use of citizen advisory committees and/or commissions, which generally serve two basic purposes: (1) fact finding and advice, to aid the Town Council and Town Manager in arriving at a solution to specific problems; and (2) public relations, to gain community-wide support for a specific program or activity. When such a committee or commission is used, the Council should appoint the members and municipal officials should not generally be voting members.
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XIII. OTHER DUTIES AND RESPONSIBILITIES
A. COUNCIL MEETINGS
Regular Council Meetings are held on the 2nd Tuesday of each month at 6:00 p.m. in the Council Chambers at Town Hall. Notice of intention to be absent from or late in arriving at Council Meetings should be given to the Town Clerk by the close of the business day the day before the meeting when possible, to assure the attendance of a quorum at any given meeting.

B. COMMITTEE/COMMISSION REPRESENTATION
Council Members may be appointed to serve on Ad Hoc committees of the Town and to participate as representatives on County boards and commissions and other government entities such as: Butte County Association of Governments (BCAG), Local Area Formation Committee (LAFCO), Paradise Irrigation District/Town Council Liaison Committee, etc.

C. CONTACT WITH CITIZENS/COMPLAINT PROCEDURE
Town Council Members will experience a wide variety of necessary contacts with citizens. Most of these are worthwhile and assist in policy making. Any contact with a citizen which requires urgent attention should be reported to the Town Manager between Council Meetings. Complaints by citizens should be directed to the Town Manager who will then direct it to the appropriate Department Director, or the citizen should be referred to the appropriate Department Director. If the Department Director is unable to satisfactorily resolve the complaint of the citizen, then the complaint of the citizen will be referred to the Town Manager. If the Town Manager is unable to or does not satisfactorily resolve the complaint of a citizen, then the citizen is referred to the Council outlining the nature of the complaint and the steps already taken to resolve the complaint.

D. PLACING ITEMS ON THE AGENDA
Any Council Member may place an item on the agenda for Council discussion under the Council Initiatives section of the agenda by contacting the Town Clerk or Deputy Town Clerk before the scheduled deadline for submitting Agenda items and it will be placed on the Agenda under that Council Member’s name. If the item requires additional information or substantial work on the part of Town staff, the Council as a body must make the determination to refer the matter to staff to bring back at a future Council Meeting.

E. PRESS, RADIO AND TELEVISION
Handling the press is a major factor when issues are “warm” at Town Hall. It is not the responsibility of press, radio or television to keep a Council Member from making premature or erroneous statements. Usually, as decisions shape up, the Council Member can pretty well determine in advance what the news angle will be and prepare accordingly for the inevitable telephone call. The Mayor is the official spokesperson for the Council as a body; individual Council Members may only 70 15
represent themselves.

F. COUNCIL COMPENSATION
Pursuant to Section 2.08.041 of the Paradise Municipal Code, Council Members receive compensation as follows:

2.08.041 Salaries.

A. The salary established by this section is enacted under Section 36516 Government Code, which authorizes the town council to provide by ordinance that each member of the council may receive salary based upon the population of the town as determined by estimates made by the state Department of Finance.

B. The latest estimate of population of the town of Paradise made by the state Department of Finance is twenty-six thousand, three hundred fifty. 1 C. Each member of the town council may receive the sum of three hundred dollars as provided in Section 36516 of the Government Code. The salary is payable at the same time and in the same manner as the salary is paid to the officers and employees of the town.

D. The salary prescribed by this section is exclusive of any other amount payable to a member of the town council as reimbursement for actual and necessary expenses incurred in the performance of official duties.

E. The town council finds and determines that the members of the council are the equivalent of thirty-two hour per week, part-time employees.

F. Town council members shall be eligible for enrollment in the town's health benefits package based upon the same terms as provided to town management employees.

G. Subsections C and F shall become operative upon the date when a member of the town council becomes eligible for the salary and benefits prescribed by virtue of beginning a new term of office. Until such operative date, the town council and the mayor shall continue to receive the salary and compensation in accordance with Ordinance No. 183.

H. The three hundred dollar salary as set forth in subsection C for council members electing to enroll in the town's health benefits package as set forth in subsection G shall be applied toward the town's contribution cap portion of the health benefits premium for thirty-two hour per week, part-time employees. In addition, council members shall be required to pay any amount exceeding the maximum amount paid by the town for its thirtytwo hour per week, part-time employees.

I. Town Council members shall each receive a monthly travel allowance of ninety dollars to reimburse them for routine town related travel costs within Butte County.

J. The salary set forth in subsection C. shall be implemented as of July 1, 2006 and shall be payable thereafter each month to town council members. (Ord. 157(part), 1986: Ord. 183, §1, 1988: Ord. 366, §1, 2001: Ord. No. 454, § 1, 9-26- 06)
Council Members are entitled to reimbursement for reasonable and necessary expenses incurred for out-of-town meetings beyond the thirty (30) mile radius. For reimbursement Council Members should complete an expense report, attach all pertinent receipts and submit them to the Administrative Assistant to the Town Manager. 1 Following the Camp Fire, the latest estimate of population is ten thousand, six hundred fifty. 71 16
G. Emergency Management – The Council’s Role in the EOC The Emergency Operations Plan was adopted in 2022 to provide an outline of the concept of operations, emergency response, recovery, mitigation, and preparedness. Within the scope of this plan, during an emergency Town Council’s role falls under the Public Information officer.

2.6 Emergency Public Information
The Town will be responsible for disseminating information about the emergency to keep the public informed about what has happened, the actions of emergency response departments, and to summarize the expected outcomes of the emergency actions. The Town’s media center location for briefings, conferences, and information distribution will be located at Paradise Town Hall (5555 Skyway, Paradise, CA 95969). The spokesperson for the Town during a disaster may include the Mayor, Vice Mayor, Town Council representative, and/or the Town PIO.2 The PIO, per ICS roles and responsibilities, will develop public information materials for dissemination and receive approval from the IC prior to the appointed Town spokesperson disseminating information. Different channels of communication will be utilized, depending on the level of working infrastructure (power, internet, etc.).

During a major disaster, the usefulness of these channels may be limited. The Town will ensure that any information shared with the public will be accessible to all, including those in the access and functional needs (DAFN) community.

Communication systems are outlined in section 2.1. Through outreach programs, the Town will also communicate and educate the public (including businesses, individuals, and residents) on the risks and issues faced by the community and provide resources to mitigate risks and support preparedness. Outreach programs should address information on established emergency plans and procedures and delineate the roles and responsibilities of first responders and the public immediately following an emergency and during a sustained response.

H. Town Council is required to complete several trainings on either an annual or biannual basis. Council Members must complete Sexual Harassment training every two years per California Government Code Sections 12950.1 and 532.35 and Workplace Violence, De-escalation Trainings required by SB 533, every year. The Town Clerk Department maintains a schedule of required trainings and will coordinate with Council to make sure it is completed in a timely manner. Trainings are a necessary part of a Council Member’s role and help limit the liability that can be brought upon the Town.

XIV. DISSOLUTION OF THE PARADISE REDEVELOPMENT AGENCY REQUIRED

FORMATION OF THE SUCCESSOR AGENCY
The Paradise Redevelopment Agency, along with all redevelopment agencies in the State of California, was dissolved by act of the legislature of the State of California. 2 The spokesperson for the Town during an emergency is the PIO under the direction of the Incident Commander and EOC Director. The Mayor’s role is to speak for the Council as a body and to address the media at the PIO’s discretion. The PIO is responsible for official public messaging.
72 17
The Paradise Town Council acts as the Successor Agency to the Town of Paradise Redevelopment Agency and is overseen by an Oversight Board.

XV. BALANCING TEAMWORK AND CONFLICT
As community leaders, what can Council Members do to maximize their performance as decision makers; to use conflict to build creatively rather than destroy; to personally survive the anxieties, hassles, and suspicions which often are part of the process; to combine personal goals which are so diligently campaigned for with the Council’s goals? The following are suggestions from numerous sources for a composite list of do’s and don’ts:

1. Be open and honest. You don’t have to be liked by all of your peers and constituents, but a respect for your judgment and honesty are crucial. Homework is often the ultimate key.

2. Don’t be surprised to find that you don’t have as much power as you thought you had. Remember: this is a team process and you are only one of five.

3. Depersonalize the process as much as possible. This is not a battleground for hatred, greed or egos.

4. Try not to lose your cool. Once you have, you will likely be on the defensive.

5. Keep a sense of humor -- don’t act as though you are sitting in judgment.

6. Think before you speak. A hasty comment or rebuttal will reach more ears than those in the room. Once spoken it cannot be taken back.

7. Focus on facts. Unsupported opinions and personal theories are unbecoming to the representative role and out of place in the public realm.

8. An attitude of one side winning and the other losing only “pours gas on the fire.”

9. Be human. Look at issues coldly, and at people warmly. Make sure that the greatest number is served without unfair infringement on a few.

10. Don’t overstress originality. Fact-finding is not the time for self-aggrandizement.

11. Listen and consider all points of view. Neutrality produces negligible results while empathy recognizes the situation and ideas of all sides without necessarily agreeing with any.

12. Be fair and equal. Neither side has to feel inferior. Stronger jealousies and heightened competition only make an objective process more distorted.

13. Give aesthetic and spiritual values their proper consideration.

14. Once a consensus is reached, it is not negotiable.

15. Don’t be so wrapped up in your duties and responsibilities you don’t have time for your family and to refresh your mind and body to be able to see things in their 73 18
proper perspective. Above all, enjoy membership on the Town Council.

XVI. CHECK LIST FOR COUNCIL MEMBERS
What has been said in this handbook is, in effect, a general guide. As such, it must be tested against experience. The success or failure of democracy in the Town depends on its Council. Council Members also bear much of the responsibility for the success or failure of Council/Manager government. A Manager can manage, but only a Council can govern. A Council should not be afraid of politics in the best sense of that word - the art of governing. Someone has to make political decisions; that is the Council Member’s business.

The Council Member may find help in going over this check list. The more questions that can be answered “yes”, the more effective the Member.

1. Do I understand the basic principles of Council/Manager government?

2. Am I prepared to exert leadership in policy making and leave the execution and implementation of policy to the Manager?

3. Do I use the Town Manager’s office and the Town Clerk's Office to get facts and figures which lead to sound policy?

4. Am I working as a team with my colleagues on the Council and with the Town Manager and staff?

5. Have I familiarized myself with the California State Code and Council rules?

6. Do I make an effort to understand reports and recommendations prepared for Council’s information and action?

7. Am I fair in presenting complaints directly to the Manager rather than going to subordinates?

8. Do I give the Manager reasonable time to explain a problem or to bring a recommendation?

9. Do I make an effort to understand the objectives of a proposed ordinance or ordinance amendment?

10. Do I allow the Manager to explain the probable effect of a proposed ordinance or administrative organization and operations before voting for or against it?

11. Do I find out if similar ordinances have been used successfully in other cities?

12. Do I wait to get public reactions to a proposed ordinance before making a decision?

13. Am I open-minded about proposed amendments designed to make an ordinance more acceptable to the citizens?

14. Am I familiar enough with the budget to know how well it fits the needs of the 74 19
Town for services and capital improvements?

15. Does the budget, in my opinion, meet the basic needs of the Town for new equipment in the next fiscal year?

16. Do I give time to selling needed policies, services and projects to the voters?

17. Do I carry my share of public relations in dealing with voters and media?

18. Do I judge the work of the Town Manager and staff by reasonable standards?

19. Do I deal with the Town Manager and staff through Council group action?

20. Am I tolerant and fair-minded toward my colleagues on the Council? 75 20
76 77

TOWN OF PARADISE
RESOLUTION NO. 2024-09

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE REPEALING RESOUTION NO. 15-45 AND AMENDING AND RESTATING

PROCEDURE RELATING TO CONDUCT OF TOWN COUNCIL MEETINGS
WHEREAS, it is necessary to update certain sections of the resolution to comply with current procedures and/or law relating to the Conduct of Council meetings, and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:

I. AGENDA PREPARATION
A. Agenda Deadline. All reports, ordinances, resolutions, contract documents or other matters to be submitted to the Council at the scheduled regular meeting on the first Tuesday of the month shall posted to the automated agenda system at least eleven (1) days prior to the regular Town Council meeting. The Town Manager may determine that it is imperative that an item not meeting the Agenda deadline be heard by the Council. In such case, an item may be added to the agenda and an Amended Agenda may be prepared, distributed and posted so long as it meets the requirements of the applicable sections of the open meetings laws contained in Chapter 9 of the California Government Code known as the Brown Act.

B. Agenda Synopsis. The Town Clerk shall prepare the Agenda of all such matters according to the order of business and collate and distribute an Agenda Packet consisting of supporting written public information that pertains to matters on the agenda. The Agenda shall include a brief description of each item of business to be transacted or discussed at the Council meeting together with the time and location of said meeting. Agenda reports and supporting information shall be reviewed and approved as necessary by the Finance Director, Town Attorney, and the Town Manager, or their respective designees, prior to submittal to the Town Clerk.

C. Agenda Availability. The Agenda and Agenda Packet shall be available on the Town’s Website for each Council Member, department director and the public at 8:00 a.m. on the Thursday preceding the scheduled Regular Meeting.

Pursuant to Government Code Section 54957.5, agendas and other writings distributed for discussion or consideration at public meetings are to be made available for public inspection in the Town Clerk Department at the time the writing is distributed to all, or a majority of all, of the members of the legislative body.

The Town Clerk utilizes electronic means to make the Agenda and supporting written information relating to Agenda items for an open session available on the Town’s Internet Website in accordance with Brown Act.
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2 D. Additional Agenda Material. Staff will make every attempt to include all backup Agenda material in the packets for distribution. However, on the rare occasion when unusual circumstances are unavoidable, staff will provide additional Agenda material no later than 12:00 noon on the Monday preceding the Tuesday Regular Meeting.

The Mayor, or Presiding Officer, shall note for the record the submission of additional agenda material, the corresponding agenda item number and subject matter, and request the concurrence of the Council to accept the additional agenda material.

II. AGENDA POSTING
A. Posting of Agenda. The Agenda shall be posted in a location that is freely accessible to members of the public and on the Town’s Internet Website 72 hours before the regular meeting.

B. Affidavit of Posting. The Town Clerk or designee shall use a stamped affidavit of posting on the Agenda and said Agenda and affidavit of posting shall be retained pursuant to the Town’s adopted records retention resolution.

III. NO ACTION UNLESS POSTED
A. No Action Unless Posted. No deliberation or action shall be taken on any item not appearing on the posted Agenda unless qualified within one of the three exceptions listed within Item IV below.

B. Automatic Referral to Staff. All matters on which action is requested, but which does not qualify within one of the three exceptions listed below, shall be directed to the Town Manager for analysis. The Town Manager shall place the matter on a subsequent Council Agenda if deemed appropriate, or when requested by any Council Member.

IV. NO ACTION UNLESS POSTED – EXCEPTIONS
A. Previously Posted. The Council first determines by a majority vote that the item was properly posted for a prior meeting occurring not more than five days prior to the date action is proposed to be taken on the item, and at the prior meeting the item was continued to the meeting at which the action is proposed to be taken.

B. Emergency The Council determines than an emergency situation exists. This determination must be made by separate motion and vote. The motion shall specify the specific facts on which the Council relies in making the determination.

C. Definition of "Emergency Situation". An "emergency situation: as defined by Government Code Section 54956.5, means any of the following:
1 . Work stoppage or other activity which severely impairs public health, 79 TOWN OF PARADISE
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3 safety, or both, as determined by a majority of the members of the legislative body.

2. Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

D. Need Arose After Posting The Council determines by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council Members are present, that the "need to take action" on the item arose subsequent to the posting of the Agenda; E. Written Justification. Except for Council and staff members, the party proposing immediate action shall present written justification to the Council prior to the Council's determination, addressing the following criteria:

1. The likelihood of public input on the item;

2. Knowledge of the Council's rules;

3. The date and time the applicant first learned of the facts and circumstances creating the need for Council action; and

4. An analysis of harm that may accrue to the Town, the public, and to the applicant if the matter is not addressed at the current meeting, but is continued to the next regular meeting.

V. PUBLIC PARTICIPATION
A. Agenda Item Required. Every Agenda for regular meetings shall provide an opportunity for members of the public to directly address the Council on items of interest to the public that are within the subject matter jurisdiction of the Council.

B._ Item Already Considered. The Agenda need not provide an opportunity for members of the public to address the Council on any item that has already been considered by a committee composed exclusively of members of the Council at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, unless the item has been substantially changed since the committee heard the item, as determined by the Council.

C. Written Communications. Interested parties or their authorized representatives may address the Council by written communication in regard to the subject matter under discussion.

D. Oral Presentations. The purpose of oral and written presentations at Council meetings is to hear the public expression thereon and to solicit information on facts and 80 TOWN OF PARADISE
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4 circumstances not otherwise known. The Council considers that such presentations are helpful in arriving at its' decisions.

E. Previous Presentations. Presentations that are repetitive of previous presentations and irrelevant to the issue in question are not helpful and are thus out of order.

F. Criticism. Under Government Code Section 54954.3 the public has the right during presentations to criticize the Town's policies, procedures, programs or services, including acts or omissions of the Council. However, a Council meeting is not a public forum for personal attacks or disruptive presentations or demonstrations.

G. Removal - Disorderly Conduct. Any person or persons who engages in indecorous or disorderly conduct, as defined in Government Code 54957.95, including, but not limited to hand clapping, stamping of feet, whistling, using profane language, yelling or similar demonstration which conduct disturbs the peace and good order of the meeting, shall, at the request of the Presiding Officer or the Council, be removed from the Council chambers.

H. Removal - Disobey Orders. Any person who refuses to comply with the lawful orders of the Presiding Officer shall, at the request of the Presiding Officer or the Council, be removed from the Council Chamber by the Sergeant-at-Arms.

I. Ruling of Chair - Appeal The ruling of the Presiding Officer to bar from further audience at that meeting shall be final and conclusive, subject only to the right of appeal by any Council Member to the entire Council.

J. Oral Presentation - Matters on the Agenda.

1. Order. The public shall have the opportunity to address each item placed on the Agenda after each agenda item has been called, introduced for discussion with staff members, consultants, or applicants, and any presentations made with reference to the agenda item.

2. Written Request Encouraged Each person wishing to be recognized and to speak on any listed agenda item may complete a written request and submit it to the Town Clerk prior to the beginning of the scheduled Council meeting. The Town of Paradise shall provide the request form. Each person shall state his/her name and it is requested that they provide their address and specify which agenda item he/she wishes to discuss and give an estimate of how long the presentation will last. Persons who have not submitted written requested may be allowed to speak as time permits, at the discretion of the Council.

3. Time. Each agenda item shall be allotted a total of 15 minutes during which public discussion may take place, unless additional time is allowed by a majority of the Council. If there are numerous speakers, they will have to 81 TOWN OF PARADISE
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5 divide the 15 minutes among the speakers, with a maximum of 3 minutes per speaker. Speakers on a given item may yield their time to another speaker on the same item with the approval of the Council; but total time shall not exceed 15 minutes or such additional time as a majority of the Council may allow.

K. Oral Presentation - Matters Not on Agenda

1. Public Communications. Each Council Agenda shall contain a public communication section where the public shall be given an opportunity to speak to the Council on items of interest to the public which are not listed on the Agenda for discussion or action.

2. Time. A person speaking shall be required to limit his/her total time as to all subjects in an aggregate of three (3) minutes unless additional time is granted by a majority of the Town Council. If more time is necessary the item should be requested to be placed on a future Agenda for Council consideration.

VI. ADDRESSING THE COUNCIL – PROCEDURE
A. Recognition. No person shall address the Council unless he/she has been first recognized by the Presiding Officer.

B. Podium. All speakers shall make their remarks from the podium.

C. Speaker Identification. The speakers shall first identify themselves by name and it is requested that they state their address and any parties they represent before making their comments.

D. Subject Matter. The speaker's comments shall be limited to the matter which is pending before the Council.

E. Public Communication to the Council. The purpose of public communication is to inform the Council. Therefore, all remarks shall be made to the Council as a whole and not to individual members. Questions to individual Council Members and individual staff members should be addressed to those persons during time when Council is not in session.

VII. PUBLIC HEARINGS PROCEDURE
A. Time. Public Hearings shall be divided into four major sections: (1) Staff reports for a total of 15 minutes maximum; (2) Proponents presentation for a total of 15 minutes maximum; (3) Opponents presentations for a total of 15 minutes maximum; and (4) Rebuttals (if requested) for a total of 15 minutes maximum or 3 minutes maximum per speaker. If there are numerous speakers for any of the four sections, they will have to divide the 15 minutes total maximum among the speakers. Additional time may be granted by a 82 TOWN OF PARADISE
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6 majority of the Council. (Note: the current procedure is as follows: Public Hearings shall be divided into four major sections: (1) Staff reports (2) The Mayor opens the hearing for public comment in the following order: i. Asks the Town Clerk if there are any cards submitted; ii. Asks if there is anyone else wishing to comment (3) Closes the hearing (4) Council discussion and vote.)
B. Spokesperson for a Group/Committee. In order to expedite matters and avoid repetitious presentations, whenever a group of persons wish to address the Council on the same subject matter the Presiding Officer shall inquire whether or not the group has a spokesperson and, if so, that he/she be heard. Speakers from the group, following such spokesperson, shall be limited to facts not presented by the group spokesperson.

C. Evidence -Received. After the agenda item has been called and introduced, the Council shall receive all oral and written staff reports, reports of consultants to the staff presentations by applicants and their consultants relative to the matter being considered. The rules of evidence shall be substantially relaxed in order to afford full presentation of facts essential for judicious consideration on the matter which is the subject of the public hearing.

D. Written Material. Written material for Public Hearings to be submitted by either proponents or opponents shall be delivered to the Town Clerk by noon on the business day preceding the hearing with copies provided for the Town Manager, Town Attorney, Town Council and one copy for Public Viewing. Eight (8) copies total.

E. Unreviewed Written Materials. Written materials presented to the Council for the first time at or immediately prior to the public hearing, which have not been previously reviewed by staff or Council, may be accepted into evidence at the discretion of the Council.

Sufficient copies should be made for each Council Member, the Town Manager, Town Attorney, Town Clerk and at least one extra copy for public viewing/the press. Nine (9) copies total.

F. Closing. When the presentation of evidence has been completed, or when in the opinion of the Presiding Officer or the majority of the Council, sufficient evidence has been presented, the Presiding Officer shall order the public hearing closed and no further evidence shall be accepted or heard.

G. Reopening. A public hearing on any matter, once closed, cannot be reopened on the date set for hearing unless by a 4/5 vote of the Council. Nothing herein, however, is intended to prevent or prohibit the reopening of public hearing at any subsequent, regular or special meeting of the Council. No public hearing may be reopened without the same notice as required for the original public hearing.

H. Continuance. If at any time it appears to the Presiding Officer or the majority of the Council, that inadequate evidence has been presented to afford judicious consideration of any matter before the Council, continuation of such hearing may be ordered to afford the applicant, his/her opponents, or the Town staff, adequate time to assemble additional evidence for the Council's consideration. A continuance may also be granted for matters covered by, and in conformance with, Section XVII(I) of this resolution. 83 TOWN OF PARADISE
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7 I. Date of Continuance. Any continuation shall be to a date certain, which date shall be publicly announced and shall constitute notice to all parties and to the public that such further evidence will be taken at the time and place specified.

IX. QUORUM
A. Quorum. Three (3) members of the Council shall constitute a quorum for the transaction of business.

B. Deferral/Conflict of Interest. Where there is no quorum, the Mayor, Vice-Mayor or any member of the Council may adjourn or if no member of the Council is present, the Town Clerk shall adjourn such meeting. For the purpose of considering any item which is subject to the vote of the Council, when a member disqualifies himself/herself due to conflict of interest, his/her presence shall not be considered in determining the presence of a quorum. If by such disqualification a quorum of voting Council Members does not remain, consideration of such items shall be deferred until a quorum of Council Members who have no conflict are present to discuss and vote on the matter.

X MEETINGS TO BE PUBLIC
A. Open to the Public. All regular and special meetings and study session of the Council shall be open to the public. The Council may hold closed sessions in the manner and form provided by law for such closed sessions.

XI. CLOSED SESSIONS
A. Non-disclosure. No member of the Council, employee of the Town or persons present during a closed session of the Council shall disclose to any person the content or substance of any confidential discussion which took place during said closed session, unless the Council votes to authorize disclosure of such information by a majority vote.

XII. PRESIDING OFFICER
A. Chairing Meeting. The Mayor, or in his/her absence, the Vice-Mayor, shall take the chair at the hour appointed for the meeting and shall call the meeting to order. In the absence of the Mayor and the Vice-Mayor, the Town Clerk or his/her assistant shall call the Council to order, whereupon a Temporary Chairman shall be selected by the Council Members present. Upon the arrival of the Mayor or the Vice-Mayor, as the case may be, the person who is then presiding shall relinquish the chair at the conclusion of the business then before the Council.

B. Presiding Officers Duties. The Presiding Officer shall preserve strict order and decorum at all Council meetings, state questions coming before the Council, announce its decision on all subjects and decide all questions or order; subject, however, to appeal by any Council Member as provided herein.
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8 The Presiding Officer may make motions, debate and vote on all questions and on RolI Call his/her name should be called last.

C. Public Debate. The Presiding Officer controls public debate so that repetitive or irrelevant statements are not made, so that where public participation is in order, everyone will have a chance to speak before other persons have a second chance to speak, to expedite business at hand and to prevent Council meetings from being used as a forum for libel, slander or otherwise defamation of persons under the cloak of the "public privilege." D. Signing Documents. The Mayor shall sign all ordinances and resolutions adopted and contracts approved by the Council at meetings at which he/she is in attendance. In the event of his/her absence, the Vice-Mayor shall sign such documents. In the absence of the Mayor and the Vice-Mayor, the Temporary Chairman shall sign such documents.

XIII. ORDER OF BUSINESS
A. Order of Business. All regular meetings of the Council shall take up for consideration and disposition matters in substantially the following order, except as may otherwise be agreed by a majority of the Council:

1. Opening
a. Call to Order
b. Flag Salute
c. Invocation
d. RolI Call
e. Introductions, Proclamations, Presentations

2. Consent Calendar

3. Items Removed from Consent Calendar

4. Public Communication
This is the time for members of the audience who have completed a "Request to Address Council" card and given it to the Clerk to present items not on the Agenda. Comments should be limited to a maximum of three (3) minutes duration. The Town Council is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda. (A total of 30 minutes maximum will be allotted for this Agenda Item. Each speaker will be allowed a maximum of 3 minutes each, with the total time of 30 minutes divided between all speakers if there are more than ten.)

5. Public Hearings – Procedure on Cover Page
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9 6. Council Consideration

7. Council Communication/Initiatives

8. Staff/Commission/Committee Communication

9. Closed Session

10. Adjournment
B. Directory. The provisions of this section shall be directory and not mandatory.

XIV. ROLL CALL
A. RolI Call. Before proceeding with the business of the Council, the Town Clerk shall call the roll of the members and the name of those present shall be entered in the minutes.

XV. CONSENT CALENDAR
A. Consent Calendar. Actions recommended by the staff or the Mayor to be listed in a Consent Calendar shall be listed in a summary form.

B. Reading of Resolutions/Ordinances. Each ordinance and resolution by reference on the written agenda is deemed to have been read by title only.

C. Adoption of Consent Calendar. The adoption of the Consent Calendar may be made in one motion by the Council; provided, however, that any Council Member may request that the Council defer action on any matters on the Consent Calendar and place it/them on the regular agenda. In such event, the Presiding Officer shall order that such matter (except for reading by title only as set forth in this section, unless a full reading is specifically requested) be removed from the said Consent Calendar and be placed for Council consideration.

D. All Items Adopted. Adoption of the Consent Calendar and approval of the same shall constitute an affirmative vote for each and every item contained thereon.

E. Adopted by RolI Call. The Consent Calendar shall be adopted only by roll call.

XVI. RULES OF DEBATE
A. Rules of Debate. The Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council Members, and shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as the Presiding Officer. 86 TOWN OF PARADISE
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10 B. Rosenberg’s Rules of Order. Except as otherwise provided in this resolution or provided by law, Rosenberg’s Rules of Order, Revised shall govern the conduct of regular meetings of the Council.

C. Objections to Informal Procedures. Objections to the use of informal procedures by the Council or the failure of the Council to act strictly in accordance with Rosenberg’s Rules of Order shall be deemed waived by all Council Members, unless a Council Member express his/her objections at the time when such procedure is used.

D. Taking Matters Out of Order. The Presiding Officer may at any time, by consent of a majority of the Council, permit a member to introduce an ordinance, matter, resolution or motion out of the regular Agenda order.

E. Dividing Issues. If a matter contains two or more divisible propositions, the Presiding Officer may, and upon the request of a Council Member shall, unless appealed, divide the same.

F. Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal and request full Council ruling on the question. In the event of an appeal, the questions shall be: "Shall the decision of the Presiding Officer be sustained?" The majority vote shall conclusively determine such question of order.

G. Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questions, or where the welfare of the Council is concerned.

H. Gaining the Floor. Every Council Member desiring to speak shall first address the chair and gain recognition by the Presiding Officer. Such member shall confine himself/herself to the question under debate, avoiding reference to character and indecorous language.

I. Interruptions of a Council Member. A Council Member, once recognized, shall not be interrupted while speaking, unless called to order by the Presiding Officer, or unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member, while speaking, is called to order, he/she shall cease speaking until the question of order is determine and, if determined to be in order, he/she may proceed. A Council Member, when speaking, shall speak to the subject matter of the item on the floor, and shall keep his/her remarks to a reasonable length. If a Council Member fails to do so, he/she may be called to order by a point of order.

Members of the Town staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
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11 J. Propriety of Conduct - Council. Members of the Council must observe order and decorum and shall not by conversation otherwise, delay or interrupt the proceedings of the Council or in any way make or disturb any other member of the Council while speaking, or refuse to obey the orders of the Council or the Presiding Officer, except as in this resolution otherwise provided.

XVII. VOTING
A. Passage of Motion. The passage of every motion shall be by roll call and entered in full upon the record.

B. Roll Call Vote Required. All ordinances, resolutions granting a franchise, and resolutions and orders for the payment of money shall be by roll call vote. Any member of the Council may demand a roll call vote on any matter before the Council.

C. Explanation of Vote. It shall not be in order for any Council Member to explain their vote during the roll call, except in conformance with Section XVIII below.

D. Disqualification. Every member should vote unless disqualified for cause, but no Council Member shall be forced to vote.

E. Tie Votes. Tie votes shall be lost motions and result in a rejection of the matter voted upon.

F. Change of Vote. After the roll call has been completed but before the result of the vote is announced, a member may change his/her vote. A member may not change his/her vote after the vote has been announced unless a majority consent is obtained.

G. Failure to Vote. A Council Member who is silent, or inattentive, or fails to vote without stating his/her abstention or without being disqualified, shall be deemed to have cast a "yes" vote.

H. Conflict of Interest. A Council Member who is disqualified by reason of conflict of interest shall be recorded as "absent" and a Council Member who states he/she is abstaining shall be recorded as "not voting."

1. Appeals from Planning Commission Actions. With regard to any matter that comes before the Town Council on appeal from determinations or actions taken by the Planning Commission, at least three (3) affirmative votes shall be required to uphold any appeal from said determinations or actions. Failure to obtain three (3) affirmative votes shall constitute rejections of any such appeal.

In the event that there is less than a full Council present and qualified to vote on any appeal from Planning Commission determinations or actions, the appellant may continue the public hearing and the Town Council's determination on the appeal until a date certain when a full Council is expected to be available to hear and vote on said appeal. The appellant is required to exercise his/her said option to continue prior to the opening of the public hearing on the appeal and prior to any vote or action being taken by the Town 88 TOWN OF PARADISE
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12 Council on the appeal. In the event the appellant chooses to have the matter heard and decided by less than a full Council, the action taken by the Town Council on the appeal at the meeting at which the appeal is heard shall be considered final. Any continuances granted pursuant to this section shall conform to the provisions of Section VIII of this resolution.

XVIII. RIGHT TO RECORD REASONS FOR VOTE
A. Reasons Entered into the Minutes. Any Council member shall have the right to have the reasons for his/her vote on any action before the Council entered in the minutes.

Such statement shall be made in substantially the following manner: "I would like the minutes to show that I favor/oppose this action for the following reasons..." XIX. RECONSIDERATION
A. Motion to Reconsider. A motion to reconsider any action taken by the Council may be made only at the meeting when such action was taken. It may be made either immediately during the same session, or a recessed or adjourned session thereof. Such a motion to reconsider shall be made only by one of the Council Members who voted with the prevailing side. Nothing herein shall be construed to prevent any Council member from making or remaking the same or another motion at a subsequent meeting of the Council.

XX. ENFORCEMENT OF ORDER
A. Sergeant-At-Arms. The Chief of Police is designated as Sergeant-at-Arms of the Council and shall carry out all orders by the Presiding Officer for the purpose of maintaining order at the Council meeting. In the absence of the Chief of Police or any member of the Police Department, the Presiding Officer may designate any person to act as Sergeant-at-Arms.

B. Enforcement of Rules. Any Council Member may move to require the Presiding Officer to enforce these rules. An affirmative vote of the majority of the Council shall require the Presiding Officer to enforce said rules.

XXI. PROCEDURAL RULES - VIOLATION SHALL NOT INVALIDATE
A. Substantial Compliance. Insofar as practicable, the business of the Council shall be conducted substantially in the order and the manner provided in this resolution.

However, the failure to observe or enforce such procedural rules shall in no manner affect the regularity, validity or legality of any action or proceeding taken by the Council. The Council, in its discretion, reserves the right to govern its own proceedings. 89 TOWN OF PARADISE
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13 XXII. TESTIMONY UNDER OATH
A. Testimony Under Oath. The Presiding Officer may require any person addressing the Council to be sworn as a witness and testify under oath. The Presiding Officer shall require a witness to be sworn if directed to do so by a majority of the Council.

XXIII. MINUTES OF COUNCIL
A. Minutes. The official minutes of the Town Council will be kept by the Town Clerk in the Minute Book, with the record of each particular type of business transacted set off in the paragraph with the proper subheads.

B. Record Business Passed by Council. The Clerk shall be required to make a record only of such business actually passed upon by the Council, and shall not be required to record the remarks of any member of the Council or any other person, except as specifically provided by this resolution.

C. Persons Addressing Council. The names and addresses (if volunteered) of persons addressing the Council and the subject matter of their remarks shall be entered in the minutes.

D. Directory. The provisions of this section shall be directory and not mandatory.

XIV. INVESTIGATIONS AND HEARINGS
A. Investigations and Hearings. The Council shall have the discretionary right to make investigations and hold hearings with respect to all matters within its legislative power and all matters pertaining to the administration of the business of the Town.

B. Power of Subpoena. The Council shall have the power of subpoena as provided in Sections 37104 and 37109 of the Government Code. The Council may order the Clerk and the Chief of Police or his/her representative to issue subpoenas for any witnesses or records necessary for the production of evidence at any duly scheduled meeting of the Council.

XV. SMOKING AT MEETINGS
A. Smoking. No person shall smoke any cigarette, e-cigarette, vapor device, cigar or pipe during any meeting of the Town Council.

XVI. ADJOURNMENT
A. Time of Adjournment. It shall be the policy of the Town Council to adjourn its meetings at or before 11:00 p.m. If the Council has not completed all items of the Agenda by 11:00 p.m., the Council, shall, at that time, either (1) waive the adjournment hour by formal 90 91
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Chapter 2.45 PURCHASING SYSTEM
Sections:

2.45.010 Purpose and policy.

2.45.020 Definitions.

2.45.030 Purchasing officer—Designated.

2.45.040 Purchasing officer—Powers and duties.

2.45.050 Decentralized purchasing procedures.

2.45.060 Requisition, bid, and alternative purchasing forms.

2.45.070 Bidding—Generally.

2.45.080 Formal contract procedures.

2.45.090 Informal bidding procedures.

2.45.100 Bidding for public works projects.

2.45.110 Inspection and testing.

2.45.120 Award to other than lowest responsible and responsive bidder.

2.45.130 Disposition of surplus supplies and equipment.

2.45.140 Operational authority of purchasing officer.

2.45.150 Conflicts.

2.45.160 Penalty for violation.

2.45.010 Purpose and policy.

A. The town council declares that it shall be the public policy of the town to make all purchases of supplies and services in a manner that is fair, efficient, and economical. The town purchasing system is intended to:

1. Provide for public confidence;

2. Guarantee fair and equitable treatment for all involved;

3. Employ effective broad based free and open competition;

4. Guarantee maximum value for town expenditures;

5. Be performed in a thoroughly professional manner, with honesty and integrity, and in compliance with applicable laws and regulations;

6. Provide safeguards for maintaining a quality procurement system.

B. This chapter shall apply to contracts for the procurement of town supplies and services. It shall apply to every expenditure of public funds irrespective of the source of funds. When the procurement involves the expenditure of federal funds, the procurement shall be 96 Title 2 - ADMINISTRATION AND PERSONNEL
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conducted in accordance with all applicable federal laws and regulations and with the terms/conditions of any grant, gift or bequest consistent with law. (Ord. 341 § 1 (part), 2000)

2.45.020 Definitions.

A. The following definitions shall apply to this chapter:
"Activity or using agency" means any department, agency or other unit of town government which derives its support wholly or in part from the town. "Brand name or equal specification" means a specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet town requirements, and which provides for the submission of equivalent products.
"Brand name specification" means a specification limited to one or more items by manufacturers' names or catalog numbers.
"Business" means any corporation, partnership, sole proprietorship, joint stock company, joint venture, limited liability company or partnership, or any other private legal entity. "Change order" means a written order signed and issued by the purchasing officer or his/her designee, directing the contractor to make changes to the contract. "Contract modification" means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. "Confidential information" means any information which is available to an employee because of the employee's status as an employee of the town and is not a matter of public knowledge or available to the public on request under the California Public Records Act. "Contract" means a written agreement for the procurement of supplies or services. "Contractor" means any person having a contract with the town or a using agency thereof. "Cost analysis" means the evaluation of cost data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed. A cost analysis or a price analysis, as appropriate, shall be conducted prior to award of formal bids not awarded under competitive sealed bidding. "Cost data" means factual information concerning the cost of labor, material, overhead and other cost components which are expected to be incurred or which have been incurred by the contractor in performing the contract.
"Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowed and allocable in accordance with the contract terms and the provisions of this chapter, and a set fee or profit, if any.
"Department director" means the positions of community development director, public works director/town engineer, chief of police, chief of fire department, town clerk and others so designated by the town council.
"Direct or indirect participation" means involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any 97 Title 2 - ADMINISTRATION AND PERSONNEL
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specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
"Emergency" means any event or combination of circumstances resulting in operational stoppage or causing potentially significant delays in town services, including, but not limited to, natural or man made disasters.
"Gratuity" means a payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
"Immediate family" means a spouse, children, parents, brothers and sisters. "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
"Person" means any individual, corporation, partnership, limited liability company or partnership, union, committee, club, other organization, or group of individuals. "Price analysis" means the evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
"Pricing data" means factual information concerning prices of items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.
"Procurement" means the buying, purchasing, renting, leasing, or otherwise acquiring of any supplies or services. It also includes all functions that pertain to obtaining any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. "Purchasing limits" means those amounts established by the town council, for specific contracts.
"Public agency" means a public entity subject to, or created by the town. "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.
"Responsible bidder or offer" means a person who has the capability, in all respects, to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which assure good faith performance. "Responsive bidder" means a person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids. "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific and tangible product other than reports or studies. "Specification" means any description of the physical or functional characteristics or of the nature of a supply, service, or construction item drafted so as to promote overall economy and to encourage maximum practical competition. It may include a description of any requirement for inspecting, testing, or preparing a supply or service. 98 Title 2 - ADMINISTRATION AND PERSONNEL
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"Supplies" means all property, including, but not limited to, equipment, materials, printing, insurance, and leases of real property, excluding land or permanent interest in land. "Using agency" means any town department, commission, board, or public agency requiring supplies or services pursuant to this chapter. (Ord. 341 § 1 (part), 2000)

2.45.030 Purchasing officer—Designated.

The town manager, or his or her designee, shall be the purchasing officer. The purchasing officer shall direct and supervise the town purchasing program. The purchasing officer shall endeavor to obtain as full and open a competition as possible on all purchases of services and supplies. The purchasing officer shall establish reasonable methods and procedures for the efficient and economical functioning of the purchasing program. (Ord. 341 § 1 (part), 2000)

2.45.040 Purchasing officer—Powers and duties.

A. The purchasing officer shall have the authority to:

1. Purchase supplies, materials, equipment and services required by any using agency in accordance with the purchasing procedures prescribed by this chapter.

2. Enter into any contract permitted by law, including, but not limited to, equipment service contracts, lease-purchase agreements and rental agreements, subject to town council authorization, any restrictions set forth in this chapter or specifically provided by law;

3. Maintain, when feasible, full and open competition among bidders on all purchases;

4. Prepare, recommend and implement rules governing the purchase of supplies, equipment and services for the town and recommend revisions and amendments where applicable;

5. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;

6. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which become unsuitable for town use;

7. Delegate purchasing authority to department directors in conformity with Section

2.45.050 and general conformity with this chapter. (Ord. 341 § 1 (part), 2000)

2.45.050 Decentralized purchasing procedures.

With town council approval, the town manager may authorize any department director to independently purchase or contract for supplies, equipment, or services. All such purchases shall be made in conformity with the procedures established by this chapter. Such authorization to purchase independently may be rescinded at any time. Ultimate authority and responsibility for compliance with this chapter shall rest with the purchasing officer. (Ord. 341 § 1 (part), 2000) 99 Title 2 - ADMINISTRATION AND PERSONNEL
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2.45.060 Requisition, bid, and alternative purchasing forms.

All town departments shall submit requests to the purchasing officer by standard requisition, bid forms or by other alternative means as may be established by purchasing officer for acquiring supplies, materials, equipment and services as required for their operations and purposes within the limits of funds appropriated therefor. The purchasing officer, after reviewing a request may require the department to justify the quality requisitioned. (Ord. 341 § 1 (part), 2000)

2.45.070 Bidding—Generally.

Purchases of supplies and equipment shall be by bid process pursuant to Sections 2.45.080 and 2.45.090 of this chapter except when one of the following conditions applies:

A. When an emergency requires that a purchase order be placed immediately with the nearest available source of supply;
B. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the town, or when there is a sole distributer or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area;
C. When the professional services are unique and not appropriate for competitive bidding; D. When, through cooperative purchasing with the state, the county, and other public agencies, the advantages of large-scale buying may be obtained; E. When purchasing from or selling to another governmental agency is beneficial to the interests of the town;
F. When there is a breakdown in essential machinery, essential services, or when unforeseen circumstances arise, including delays by contractors, delays in transportation, and unanticipated volume of work, which require the immediate attention of a professional or immediate service/repair in order to protect public health, safety and welfare; G. When computer software is required for a specific town service or activity and its selection is evaluated and determined by the purchasing officer based on the software being the most effective solution for the service or activity. (Ord. 341 § 1 (part), 2000) (Ord. No. 499, § 1, 5-11-2010)

2.45.080 Formal contract procedures.

Except as otherwise provided in this chapter, purchases of supplies, equipment or services with a total projected value of two hundred fifty thousand dollars ($250,000.00) or more (including tax, shipping, etc.,) shall be by formal written bid for a lowest responsible bidder pursuant to the following procedure:
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A. Notices inviting bids shall include a general description of the goods or services to be purchased or sold, shall state where bid packets and specifications may be obtained, and the time and place for opening bids.

B. Notices inviting bids shall be published at least ten (10) days before the date of the opening of the bids. Notices shall be published at least once in a newspaper of general circulation in the town, or if there is none, shall be posted in public places in the town.

C. The purchasing officer, or his or her designee, shall also solicit bids from responsible prospective suppliers whose names are on a bidders' list or who have made a written request that their names be added to the bidders' list.

D. When deemed necessary by the purchasing officer, or his or her designee, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to have the bid security returned provided, however, a successful bidder shall forfeit his, her or its bid security upon refusal or failure to execute an awarded contract within ten (10) days after the notice of award of the contract has been mailed by the town. The town council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. In such event, if the town council awards the contract to the next lowest bidder, the amount of the lower bidder's security shall be applied by the town to the contract price differential between the lowest bid and the second lowest bidder. If the town council rejects the remaining bid presented and re-advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder. If the town council rejects the remaining bids presented and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.

E. Sealed bids shall be submitted to the purchasing officer, or his or her designee, and shall be identified as "bid" for the specific supplies or services on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. The purchasing officer, or designee, requesting bids shall maintain all formal bid records for a period of three (3) years after the completion of the purchase. These records, while so kept, shall be open to public inspection.

F. The town council shall have the right to waive any non-material irregularities or informalities in the bidding or in the procedures as set forth in this chapter.

G. In its discretion, the town council may reject any and all bids presented, re-advertise for bids or authorize the purchasing officer to award a contract after negotiating for the most reasonable cost under existing conditions. The right to reject any or all bids is expressly reserved to the town. The decision of the town council shall be final.

H. Except as otherwise provided in this chapter, contracts shall be awarded to the lowest responsible and responsive bidder. Contracts, which exceed the budgeted amount, or which are not budgeted, shall be awarded only by the town council. The town manager shall be authorized to enter into a written agreement after the town council awards the contract.

I. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, the town council may, in its discretion, accept the one it chooses or accept the lowest bid made by negotiation with the tied bidders. 101
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J. Performance Bonds. The town council shall have the authority to require a low bidder to provide a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interest of the town.

K. Cost or Pricing Data. The low bidder shall submit cost or pricing data when the contract is expected to exceed one hundred thousand dollars ($100,000.00). The submission of cost or pricing data relating to the award of a contract is not required when:

1. The contract price is based on adequate price competition;

2. The contract price is based on established catalog prices or market prices;

3. The contract price is set by law or regulation; or

4. It is determined in writing by the purchasing officer that the requirements above may be waived. Such determination shall include the reasons for such waiver.

After award of a contract, contractor shall submit cost or pricing data prior to the pricing of any change order or contract modification, including adjustments to contracts awarded by competitive sealed bidding, if the initial pricing of the contract required it, and the change order or modification involves aggregate increases or aggregate decreases in total costs expected to exceed five thousand dollars ($5,000.00). The submission of cost or pricing data relating to the pricing of a change order or contract modification shall not be required when:

1. Unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience; or

2. It is determined in writing by the purchasing officer that the requirements above may be waived. Such determination shall include the reasons for such waiver.

A contractor, actual or prospective, required to submit cost or pricing data in accordance with this section, shall certify that, to the best of his, her or its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually specified date prior to the award of the contract or the pricing of the change order or contract modification.

Any contract award, change order, or contract modification, under which the submission and certification of cost or pricing data are required, shall contain a provision stating that the price to the town, including profit or fee, shall be adjusted to exclude any significant sums by which the town finds that such price was increased because the contractor-furnished costs or pricing data were inaccurate, incomplete, or not current.
(Ord. No. 583, § 1, 10-8-2019, eff. 11-7-2019; Ord. No. 576, § 1, 4-9-2019; Ord. 341 § 1 (part), 2000)

2.45.090 Informal bidding procedures.

Purchases of supplies, equipment, and services with total projected values more than ten thousand dollars ($10,000.00) but less than two hundred fifty thousand dollars ($250,000.00) 102
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may be made by the purchasing officer, or his or her designee, by the informal bid process pursuant to the procedure prescribed in this section and without observing the procedure described in Section 2.45.080 of this chapter.

A. Informal bid purchases shall, whenever possible, be based on at least three (3) bids. Upon examination of all bids, a contract shall be awarded to the low bidder.

B. The purchasing officer, or designee, may solicit informal bids by written requests to prospective vendors, via fax machine, by telephone, computer or by any other means deemed effective.

C. The purchasing officer, or designee, shall maintain all informal bid orders and bids for a period of three (3) years after the completion of the purchase. These records, while so kept, shall be open to public inspection.

D. The purchasing officer, or designee, shall have the right to waive any nonmaterial irregularity or informality in such bids.

E. At the discretion of the purchasing officer, any/all purchases may be required to follow formal contact procedures of Section 2.45.080.
(Ord. No. 583, § 2, 10-8-2019, eff. 11-7-2019; Ord. No. 576, § 2, 4-9-2019; Ord. 341, § 1 (part), 2000)

2.45.100 Bidding for public works projects.

Public works projects as defined by the California Public Contract Code shall be bid, advertised and awarded in accordance with applicable sections of the California Public Works Contract Code. (Ord. 341 § 1 (part), 2000)

2.45.110 Inspection and testing.

The purchasing officer or designee may cause an inspection of the supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing officer, or designee, shall have the authority to require chemical or physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. (Ord. 341 § 1 (part), 2000)

2.45.120 Award to other than lowest responsible and responsive bidder.

Notwithstanding any provision of this chapter to the contrary, supplies, equipment and/or services may be purchased from other than the lowest responsible and responsive bidder in any case in which the town council shall find that, in light of all circumstances applicable to the particular purchase, including, but not limited to, location of the vendor and the amount of staff time required for the administration of the contract and/or cost/impact of changing vendors, the town will acquire the supplies, equipment or service at lower net cost by effecting its purchase from a party other than the lowest responsible bidder. (Ord. 341 § 1 (part), 2000) 103
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2.45.130 Disposition of surplus supplies and equipment.

All town departments shall submit to the purchasing officer, at such times and in such forms as the purchasing officer shall prescribe, reports showing all supplies and equipment which are not longer used or which have become obsolete or worn out. The purchasing officer shall have the authority to exchange for or trade in on new supplies and equipment all supplies and equipment which have become unsuitable for town use.

A. Such items declared to be surplus shall be offered for sale on a competitive bid basis. Bids may be solicited by written request, telephone, fax machine, computer, by public auction, by use of an auction service, by advertisement in any newspaper or magazine or by a combination of such methods.

B. When, after a reasonable effort has been made to obtain competitive bids, no offers are received or any item or town-owned personal property declared to be surplus, the purchasing officer is authorized to dispose of such item for the highest scrap value that can be obtained therefor and if a reasonable effort to do so produces no opportunity to sell the same for scrap, the purchasing officer may cause its destruction or any other disposition thereof.

C. The Town may sell obsolete or surplus property to any other tax-supported governmental agency at an established "fair market value" without other bids.

D. The Town may provide surplus equipment to a governmental agency as permitted by law.

E. With the approval of the town council, the town may donate surplus personal property to any non-profit agency or entity which is exempt from federal income tax. (Ord. 341, § 1 (part), 2000)

2.45.140 Operational authority of purchasing officer.

A. The purchasing officer shall have the power to settle any protest regarding the solicitation or award of a Town contract, or any claim arising out of the performance of a Town contract, prior to an appeal to the town council or the commencement of an action in a court of competent jurisdiction; provided, however, the settlement of claim shall not exceed two hundred fifty thousand dollars.

B. If, prior to the bid opening or the closing date for receipt of proposals, the purchasing officer, after consultation with the town attorney, determines that a solicitation is in violation of federal, state, or this Code, the solicitation shall be canceled or revised to comply with applicable law.

C. If, after bid opening or the closing date for receipt of proposals, the purchasing officer, after consultation with the town attorney, determines that solicitation or a proposed award of a contract is in violation of federal, state, or this Code, the solicitation or proposed award shall be canceled. (Ord. 341, § 1 (part), 2000)

2.45.150 Conflicts.

A. All conflict of interest laws of the State of California shall apply to purchases pursuant to this chapter, including, but not limited to the following:
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i) Purchases made under the State of California HOME Program subject to HOME Final Rule 24 CFR 92.356—Conflict of interest.
(1) Applicability. In the procurement of property and services, the conflict of interest provisions in 24 CFR 85.36; 24 CFR 84.42; and 24 CFR 92.356 apply. (2) Conflicts Prohibited. No persons described in paragraph (3) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds and/or other federal or state funds regulated by the Code of Federal Regulations sections cited above, or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted or other state and/or federal program, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.
(3) Persons Covered. The conflict of interest provisions of paragraph (2) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Town of Paradise. ii) In accordance with 24 CFR 85.36 persons covered by paragraph i) (3) are subject to the following standards of conduct:
(1) An official or employee of the Town shall not engage in conduct that would tend to discredit or dishonor their position with the Town of Paradise. Such appointed officials and employees must avoid conflicts of private interests with public duties and responsibilities and shall not do indirectly what may not be done directly. (2) Disciplinary action generally does not follow an occasional error in judgment which occurs in good faith and is unintentional. However, misconduct, dishonesty, and fraud shall be the basis for severe disciplinary action, including removal for cause. (3) Officials and employees occupying designated positions are required to file an annual statement of economic interests with the Town Clerk, as prescribed by state regulation and Town of Paradise Resolution No. 2023-06 (4) Each new employee must be informed of the obligation to submit a statement of economic interest if they fall within the listed designated position categories. (5) Any employee whose job performance is adversely affected by the taking of alcohol, non-prescription drugs, or other substances shall be subject to disciplinary action, in accordance with the Paradise Municipal Code or the Memorandum of Understanding that covers the employee.
(6) Each employee is required to be familiar with the Town's standards and statutory provisions relating to ethical behavior and other standards of conduct. Each employee is expected to secure the advice of their supervisor or the Personnel Officer or other appropriate official when in doubt about the meaning or application of any conduct requirement applying to their particular situation. (7) The political activities of Town employees shall conform to pertinent provisions of state and federal laws. Appointed officials and employees must avoid and refrain from any political involvement and/or partisan political activities which could impede, impair, or jeopardize the impartial discharge of their duties. 105
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(8) Handle all matters of personnel based on merit and objectivity so that fairness and impartiality govern all personnel decisions thereby avoiding any form of discrimination or preferential treatment.
(Ord. No. 398, § 1, 2003)

2.45.160 Penalty for violation.

Any person who violates this chapter shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months in the county jail, or both. (Ord. 341, § 1 (part), 2000)
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An Overview of Conflicts of Interest
Under the Political Reform Act
May 2022
Contents
I. The Basic Prohibition................................................................................................ 2 II. Making, Participating in Making, or Attempting to Influence a Decision.................... 2 A. General Definitions................................................................................................ 2 B. Exceptions............................................................................................................. 3 III. Financial Interests ................................................................................................. 4 IV. Foreseeability of Financial Effect........................................................................... 5 A. Explicitly Involved .................................................................................................. 5 B. Not Explicitly Involved............................................................................................ 5 V. Materiality Standards ................................................................................................ 6 A. Business Entity Interests ....................................................................................... 6 B. Real Property Interests.......................................................................................... 7 C. Source of Income Interests.................................................................................... 9 D. Source of Gift Interests........................................................................................ 11 E. Interest in Personal Finances .............................................................................. 12 VI. The Public Generally Exception .......................................................................... 13 VII. Legally Required Participation............................................................................. 16 VIII. Segmentation ...................................................................................................... 17 IX. Disqualification Requirements ............................................................................. 18 Fair Political Practices Commission 1 Conflicts Overview May 2022 109

I. The Basic Prohibition
Government Code Section 87100 of the Political Reform Act (the “Act”)1 prohibits a public official at any level of state or local government from making, participating in making, or attempting to use the official’s position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest.

Government Code Section 87103 provides that an official has a “financial interest” within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect on one or more of the official’s interests as identified and distinguishable from the decision’s effect on the public generally.

Taken together, these provisions of the Act prohibit an official from taking part in a decision if it is reasonably foreseeable that the decision would have a material financial effect on one or more of the official’s financial interests identified in Section 87103 distinguishable from the decision’s effect on the public generally.

II. Making, Participating in Making, or
Attempting to Influence a Decision
Regulation 18704 defines “making a decision,” “participating in a decision,” and “using official position to attempt to influence a decision” for purposes of the Act’s conflict of interest provisions. If an official has a disqualifying conflict of interest under Section 87100, the official is prohibited from making, participating in making, or attempting in any way to use the official’s official position to influence the decision.

A. General Definitions
Making a Decision: An official makes a decision if the official authorizes or directs any action, votes, appoints a person, obligates or commits the official’s agency to any course of action, or enters into any contractual agreement on behalf of the agency. (Regulation 18704(a).)
Participating in a Decision: An official participates in a decision if the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. (Regulation 18704(b).) Using Official Position to Attempt to Influence a Decision: An official uses an official position to influence a decision if the official contacts or appears before: (1) any official in the official’s agency, or in an agency subject to the authority or budgetary control of the official’s agency, for the purpose of affecting a decision; or (2) any official in any other government agency for the purpose of affecting a decision, and the official purports to act within the official’s authority or on behalf of the official’s agency in making the contact. (Regulation 18704(c).)
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B. Exceptions
Regulation 18704(d) provides that “making, participating in, or using official position to influence a decision” do not include any of the following:

Ministerial: Actions that are solely ministerial, secretarial, or clerical. (Regulation 18704(d)(1).)
Appearances as a Member of the General Public: An appearance by an official as a member of the general public before an agency in the course of its prescribed governmental function if the official is appearing on matters related solely to the official’s personal interests, including interests in:
• Real property owned entirely by the official, members of the official’s immediate family, or the official and members of the official’s immediate family; • A business owned entirely by the official, members of the official’s immediate family, or the official and members of the official’s immediate family; or • A business over which the official, members of the official’s immediate family, or the official and members of the official’s immediate family solely or jointly exercise full direction and control. (Regulation 18704(d)(2).) Terms of Employment: Actions by an official relating to the official’s compensation or the terms or conditions of the official’s employment or consulting contract. However, an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or the official’s immediate family, or set a salary for the official or the official’s immediate family different from salaries paid to other employees of the agency in the same job classification or position. (Regulation 18704(d)(3).)
Public Speaking: Communications by an official to the general public or media. (Regulation 18704(d)(4).)
Academic Decisions: Teaching decisions, including an instructor’s selection of books or other educational materials at the official’s own school or institution, or other similar decisions incidental to teaching; or decisions by an official who has teaching or research responsibilities at an institution of higher education relating to the official’s professional responsibilities, including applying for funds, allocating resources, and all decisions relating to the manner or methodology with which the official’s academic study or research will be conducted. (Regulation 18704(d)(5).) However, this exception does not apply to an official who has institution-wide administrative responsibilities as to the approval or review of academic study or research at the institution unrelated to the official’s own work. (Ibid.)
Architectural and Engineering Documents: Drawings or submissions of an architectural, engineering, or similar nature prepared by an official for a client to submit in a proceeding before the official’s agency if: (i) the work is performed pursuant to the official’s profession; and (ii) the official does not make any contact with the agency other Fair Political Practices Commission 3 Conflicts Overview May 2022 111

than contact with agency staff concerning the process or evaluation of the documents prepared by the official. (Regulation 18704(d)(6)(A).)
Also, an official’s appearance before a design or architectural review committee or similar body of which the official is a member to present drawings or submissions of an architectural, engineering, or similar nature prepared for a client if: (i) the committee’s sole function is to review architectural designs or engineering plans and to make recommendations to a planning commission or other agency; (ii) the committee is required by law to include architects, engineers, or persons in related professions, and the official was appointed to the body to fulfill this requirement; and (iii) the official is a sole practitioner. (Regulation 18704(d)(6)(B).)
Additional Consulting Services: Recommendations by a consultant regarding additional services for which the consultant or consultant’s employer would receive additional income if the agency has already contracted with the consultant, for an agreed upon price, to make recommendations concerning services of the type offered by the consultant or the consultant’s employer, and the consultant does not have any other economic interest, other than in the firm, that would be foreseeably and materially affected by the decision. (Regulation 18704(d)(7).)
III. Financial Interests
The first step in determining whether an official has a disqualifying conflict of interest under the Act is identifying the official’s financial interests with respect to the decision at issue. Section 87103 identifies the following financial interests which may give rise to an official’s disqualifying conflict of interest under the Act:
• A business entity in which the official has a direct or indirect investment worth $2,000 or more (Section 87103(a)); or in which the official is a director, officer, partner, trustee, employee, or holds any position of management (Section 87103(d)).
• Real property in which the official has an interest worth $2,000 or more. (Section 87103(b).)
• A source of income totaling $500 or more in value provided or promised to, or received by, the official within the 12 months prior to the time when the decision is made. (Section 87103(c).)
• A giver of a gift or gifts totaling $5002 or more in value provided or promised to, or received by, the official within the 12 months prior to the time when the decision is made. (Section 87103(e).)
• The official’s personal finances and those of “immediate family,” defined in Section 82029 as the spouse and dependent children. (Section 87103.) Fair Political Practices Commission 4 Conflicts Overview May 2022 112

IV. Foreseeability of Financial Effect
A. Explicitly Involved
A financial effect on a financial interest is presumed to be reasonably foreseeable if the financial interest is explicitly involved in the decision. (Regulation (18701(a).) An official’s financial interest is “explicitly involved” in a decision if the interest is a “named party in, or the subject of,” the decision, and an interest is the “subject of a proceeding” if the decision involves the issuance, renewal, denial, or revocation of any license, permit, other entitlement to, or contract with, the interest.3 Additionally, an official’s real property interest is explicitly involved in any decision affecting the real property as described in Regulation 18702.2(a)(1) through (6), discussed further below. (Ibid.) B. Not Explicitly Involved
When an official’s financial interest is not explicitly involved in a decision, the financial effect of the decision is reasonably foreseeable if the effect can be recognized as a realistic possibility and more than hypothetical or theoretical. The effect need not be likely to be reasonably foreseeable. (Regulation 18701(b).) Factors to be considered when determining if a decision’s effect on an official’s not explicitly involved interest is reasonably foreseeable include, but are not limited to, the following:
• The extent to which the occurrence of the effect is contingent upon intervening events (other than future governmental decisions by the official’s agency or an agency subject to the budgetary control of the official’s agency). (Regulation 18701(b)(1).)
• Whether the official should anticipate a financial effect on the financial interests at issue as a potential outcome under normal circumstances when using appropriate due diligence and care. (Regulation 18701(b)(2).) • Whether the official has an interest of the type that would typically be affected by the terms of the decision. (Regulation 18701(b)(3).)
• Whether the decision is of the type that would be expected to have a financial effect on businesses and individuals similarly situated to those businesses and individuals in which the official has a financial interest. (Ibid.) • Whether a reasonable inference can be made that the financial effects of the decision on the official’s financial interest might compromise an official’s ability to fulfill their duty to act in the best interests of the public. (Regulation 18701(b)(4).) • Whether the decision will provide or deny an opportunity, or create an advantage for one of the official’s financial interests. (Regulation 18701(b)(5).) Fair Political Practices Commission 5 Conflicts Overview May 2022 113

• Whether the official has the type of financial interest that would cause a similarly situated person to weigh the advantages and disadvantages of the decision on the official’s financial interest in formulating a position. (Regulation 18701(b)(6).) V. Materiality Standards
Regulation 18702(a) provides that the next step in the analysis is to determine if the decision’s reasonably foreseeable financial effect on the official’s financial interest is material. If the official’s interest is in:
• A business entity, then apply the materiality standards of Regulation 18702.1. (Regulation 18702(a)(1).)
• A real property, then apply the materiality standards of Regulation 18702.2. (Regulation 18702(a)(2).)
• A source of income, then apply the materiality standards of Regulation 18702.3. (Regulation 18702(a)(3).)
• A source of a gift or gifts, then apply the materiality standards of 18702.4. (Regulation 18702(a)(4).)
• Their personal finances or those of immediate family, then apply materiality standard of 18702.5. (Regulation 18702(a)(5).)
A. Business Entity Interests
Regulation 18702.1 sets forth the materiality standards applicable to a decision’s reasonably foreseeable financial effect on a business in which an official has an interest, and provides that the effect is material if any of the following standards is met:
• The business is explicitly involved in the decision, meaning that the business is “a named party in, or the subject of, the decision, including any decision in which the business:
 Initiates the proceeding by filing an application, claim, appeal, or other request for action concerning the business with the official’s agency. (Regulation 18702.1(a)(1)(A).)
 Offers to sell a product or service to the official’s agency. (Regulation 18702.1(a)(1)(B).)
 Bids on, or enters into, a contract with the official’s agency, or is identified as a subcontractor on a bid or contract with the agency. (Regulation 18702.1(a)(1)(C).)
 Is the named or intended manufacturer or vendor of any products to be purchased by the official’s agency with an aggregate cost of $1,000 in any 12- month period. (Regulation 18702.1(a)(1)(D).)
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 Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement from the official’s agency. (Regulation 18702.1(a)(1)(E).)  Is the subject of any inspection, action, or proceeding under the regulatory authority of the official’s agency. (Regulation 18702.1(a)(1)(F).)  Is subject to an action taken by the official’s agency that is directed at the entity. (Regulation 18702.1(a)(1)(G).)
• The decision may result in an increase or decrease of the business’s annual gross revenues, or the value of its assets and liabilities, in an amount equal to or more than:
 $1,000,000; or
 Five percent of the business’s annual gross revenues, and the increase or decrease is $10,000 or more. (Regulation 18702.1(a)(2).) • The decision may cause the business to incur or avoid additional expenses or to reduce or eliminate expenses in amount equal to or more than:
 $250,000; or
 One percent of the business’s annual gross revenues, and the increase or decrease is at least $2,500. (Regulation 18702.1(a)(3).) • The official knows or has reason to know that business has an interest in real property and:
 The property is a named party in, or the subject of, the decision under Regulations 18701(a) and 18702.2(a)(1) through (6); or
 There is clear and convincing evidence the decision would have a substantial effect on the property. (Regulation 18702.1(a)(4).)
Thus, if the decision’s reasonably foreseeable financial effect on an official’s business interest meets any of the four standards above, that effect is material, and the official is disqualified from taking part in the decision.

Small Shareholder Exception: Regulation 18702.1(b) sets forth the “Small Shareholder Exception,” which provides that a decision’s reasonably foreseeable financial effect on an official’s financial interest in a business is not material under Regulation 18702.1(a)(1) or (a)(4)(A) if both:
• The official’s only financial interest in the business is an “investment interest” under Section 87103(a) valued at $25,000 or less; and
• The official’s interest in the business is less than one percent of the business’s shares.

If the Small Shareholder Exception applies, the official is not disqualified.

B. Real Property Interests
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Regulation 18702.2 provides the materiality standards applicable to a decision’s reasonably foreseeable financial effect on real property in which an official has an interest as either an owner or lessee.

Explicitly Involved Real Property Interest: It is reasonably foreseeable a decision will have a material financial effect on an official’s interest in real property any time the interest is explicitly involved in the decision. Therefore, the decision’s reasonably foreseeable effect is material in any of the types of decisions described in Regulation 18702.2(a)(1) to (6), including a decision that:
• Involves the adoption of or amendment to a development plan or criteria applying to the property. (Regulation 18702.2(a)(1).)
• Determines the property’s zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or deannexation; inclusion in or exclusion from any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries. (Regulation 18702.2(a)(2).)
• Would impose, repeal, or modify any taxes, fees, or assessments that apply to the property. (Regulation 18702.2(a)(3).)
• Authorizes the sale, purchase, or lease of the property. (Regulation 18702.2(a)(4).)
• Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the property or any variance that changes the permitted use of, or restrictions placed on, the property. (Regulation 18702.2(a)(5).)
• Involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the property will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services. (Regulation 18702.2(a)(6).)
Not Explicitly Involved Real Property Interest: A decision’s reasonably foreseeable financial effect on an official’s interest in real property is material if it is of a type described in Regulation 18702.2(a)(7) through (8), (b) or (c), including a decision that:
• Involves property located 500 feet or less from the official’s property unless there is clear and convincing evidence that the decision will not have any measurable impact on the official’s property. (Regulation 18702.2(a)(7).) • Involves property located more than 500 feet but less than 1,000 feet from the official’s property, and the decision would change the official’s property’s:
development potential; income producing potential; highest and best use; character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or market value (Regulation 18702.2(a)(8)(A) through (E).)
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• Involves property located 1,000 feet or more from the property line of the official’s property if there is clear and convincing evidence the decision would have a substantial effect on the official’s property. (Regulation 18702.2(b).) • Involves property leased by the official and the decision will:
 Change the termination date of the lease;
 Increase or decrease the potential rental value of the property;  Change the official’s actual or legally allowable use of the property; or  Change the official’s use and enjoyment of the property. (Regulation 18702.2(c)(1) through (4).)
Real Property Interest 1,000 Feet or More from Property Involved in Decision: As mentioned above, Regulation 18702.2(b) sets forth a presumption that the financial effect of a decision involving property located 1,000 feet or more from the property line of the official’s property is not material. That presumption, however, may be rebutted with clear and convincing evidence the decision would have a substantial effect on the official’s real property interest.

Exceptions for Planning Objectives or Policy: A decision’s reasonably foreseeable financial effect on an official’s real property interest is not material, and therefore the official is not disqualified from the decision, if the decision solely concerns:
• Repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities. (Regulation 18702.2(d)(1).) • Adoption or amendment of a general plan, as defined in Regulation 18702.2(e)(2), if certain specified conditions are met. (See Regulation 18702.2(d)(2).)
Common Area Exception to the Definition of Interest in Real Property: Regulation 18702.2(e)(4) provides that an “interest in real property,” as defined in Section 82033, does not include “any common area as part of the official’s ownership interest in a common interest development as defined in the Davis-Stirling Common Interest Development Act (Civil Code Sections 4000 et seq.)”
C. Source of Income Interests
Regulation 18702.3 sets forth the materiality standards applicable to a decision’s reasonably foreseeable financial effect on a source of income to an official, and provides that the effect is material if any of the following criteria is met:
• The source is explicitly involved in the decision because it is “a named party in, or the subject of, the decision,” including a claimant, applicant, respondent, or contracting party. (Regulation 18702.3(a)(1).)
• The source is an individual and any of the following applies:

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 The decision may affect the individual’s income, investments, or other assets or liabilities by $1,000 or more (excluding an interest in a business entity or real property). (Regulation 18702.3(a)(2)(A).)
 The official knows or has reason to know that the individual has an interest in a business entity that will be financially affected under the materiality standards applicable to a business set forth in Regulation 18702.1. (Regulation 18702.3(a)(2)(B).)
 The official knows or has reason to know that the individual: (i) has a real property interest and the property is explicitly involved in the decision; or (ii) there is clear and convincing evidence the decision would have a substantial effect on the property. (Regulation 18702.3(a)(2)(C).)
• The source is a nonprofit organization and any of the following applies:
 The decision may result in an increase or decrease of the organization’s annual gross receipts, or the value of the organization’s assets or liabilities, in an amount equal to or more than: (i) $1,000,000; or (ii) five percent of the organization’s annual gross receipts and the increase or decrease is equal to or greater than $10,000. (Regulation 18702.3(a)(3)(A).)  The decision may cause the organization to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than: (i) $250,000; or (ii) one percent of the organization’s annual gross receipts and the change in expenses is equal to or greater than $2,500. (Regulation 18702.3(a)(3)(B).)
 The official knows or has reason to know that the organization has a real property interest and: (i) the property is explicitly involved in the decision; (ii) there is clear and convincing evidence the decision would have a substantial effect on the property. (Regulation 18702.3(a)(3)(C).)
• The source is a business that will be financially affected under the materiality standards applicable to a business set forth in Regulation 18702.1 (Regulation 18702.3(a)(4).)
• If there is a nexus between the decision and income received by the official or official’s spouse. Otherwise referred to as the nexus test, any reasonably foreseeable financial effect on an official’s source of income interest is material if the decision “will achieve, defeat, aid, or hinder a purpose or goal of the source and the official or the official’s spouse receive or is promised the income for achieving the purpose or goal. (Regulation 18702.3(b).) Exception for Retail Sales: Section 87103.5(a) provides that a retail customer of a business engaged in retail sales of good or services to the public generally is not a source of income to an official who owns a 10-percent or greater interest in the business if: the retail customers of the business constitute a significant segment of the public generally, and the amount of income received from an individual customer is not distinguishable from the amount of income received from its other customers.

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Section 87103.5(b) sets forth a similar retail sales exception for a jurisdiction with a population of 10,000 or less that is located within a county with 350 or fewer retail businesses.

For purposes of applying Section 87103.5, Regulation 18702.3(c) provides that the retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public and provides goods or services to customers that comprise a broad base of persons representative of the jurisdiction. (Regulation 18702.3(c)(1).)
Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a significant monetary difference between the business provided by the individual customer and the other customers of the business. (Regulation 18702.3(c)(2).) An official is unable to recognize a significant monetary difference when the business:
• Is of the type that sales to any one customer will not have a significant impact on the business’s annual net sales; or
• Has no records that distinguish customers by amount of sales, and the official has no other information that the customer provides significantly more income to the business than an average customer. (Ibid.)
Income from a Government Entity: The materiality standards of Regulation 18702.3 do not apply where a government entity qualifies as a source of income as defined in Section 82030, including where an official is paid by the entity as a consultant or contractor. (Regulation 18702.3(d).) Under Regulation 18703(e)(7), an official with an interest in such an entity is disqualified from taking part in a decision only if there is a unique effect on the official. (Ibid.)
D. Source of Gift Interests
Regulation 18702.4 provides the materiality standards applicable to a decision’s reasonably foreseeable financial effect on the source of a gift to an official, and provides that the decision’s effect is material if:
• The source is explicitly involved in the decision because the source “is named or otherwise identified as the subject of the proceeding,” including a claimant, applicant, respondent, or contracting party. (Regulation 18702.4(a).) • The source is an individual that will be financially affected under the materiality standard applicable to a decision’s reasonably foreseeable financial effect on an official’s personal finances set forth in Regulation 18702.5 or the official knows or has reason to know that the individual has an interest in a business or real property that will be financially affected under the materiality standards provided in Regulation 18702.1 or 18702.2, respectively. (Regulation 18702.4(b)) Fair Political Practices Commission 11 Conflicts Overview May 2022 119

• The source is a nonprofit organization that will receive a measurable financial benefit or loss as a result of the decision or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the materiality standards in Regulation 18702.2. (Regulation 18702.4(c).)
• The source is a business that will be financially affected under the materiality standards in Regulation 18702.1. (Regulation 18702.4(d).) E. Interest in Personal Finances
Regulation 18702.5(a) provides the materiality standard applicable to a decision’s reasonably foreseeable financial effect on an official’s personal finances, including those of immediate family. Also known as the personal financial effect rule, a reasonably foreseeable effect on the official’ personal finances is material if the decision may result in the official or the official’s immediate family receiving a financial benefit or loss of $500 or more in any 12-month period due to the decision.

Exceptions: Under Regulation 18702.5(b), however, a decision’s effect on an official’s personal finances and those of immediate family is not material if the decision would:
• Affect only the salary, per diem, or reimbursement for expenses the official or their immediate family member receives from a federal, state, or local government agency, unless the decision is:
 To appoint (except as specified), hire, fire, promote, demote, suspend without pay or otherwise take disciplinary action with financial sanction against the official or their immediate family; or
 To set a salary for the official or a member of their immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the official’s immediate family is the only person in the job classification or position. (Regulation 18702.5(b)(1).)
• Appoint the official to be a member of any group or body created by law or formed by the official’s agency for a special purpose. However, if the official will receive a stipend for attending meeting of the group or body aggregating $500 or more in any 12-month period, the effect is material unless the appointing body posts all of the following on its website:
 A list of each appointed position and its term. (Regulation 18702.5(b)(2)(A).)  The amount of the stipend for each appointed position. (Regulation 18702.5(b)(2)(B).)
 The name of the official who has been appointed to the position. (Regulation 18702.5(b)(2)(C).)
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 The name of any official who has been appointed to be an alternate for the position. (Regulation 18702.5(b)(2)(D).)
• Appoint the official to be an officer of the governing body of which the official is already a member (such as a decision to appoint a city councilmember to be the city’s mayor.) (Regulation 18702.5(b)(3).)
• Establish or change the benefits or retirement plan of the official or the official’s immediate family member, and the decision applies equally to all employees or retirees in the same bargaining unit or other representative group. (Regulation 18702.5(b)(4).)
• Result in the payment of any travel expenses incurred by the official or their immediate family while attending a meeting as an authorized representative of an agency. (Regulation 18702.5(b)(5).)
• Permit the official’s use of any government property, including automobiles or other modes of transportation, mobile communication devices, or other agencyprovided equipment for carrying out the official’s duties, including any nominal, incidental, negligible, or inconsequential personal use while on duty. (Regulation 18702.5(b)(6).)
• Result in the official’s receipt of any personal reward from their use of a personal charge card or participation in any other membership rewards program, so long as the reward is associated with the official’s approved travel expenses and is no different from the reward offered to the public. (Regulation 18702.5(b)(7).) Effect on Personal Finances and a Business or Real Property Interest: If a decision would have a reasonably foreseeable financial effect on a business or real property interest of an official, any related effect on the official’s personal finances is not considered separately, and the effect is only analyzed under the respective materiality standards for business and real property interests, i.e. Regulations 18702.1 and 18702.2. (Regulation 18702.5(c).)
VI. The Public Generally Exception
Under Section 87103, if a decision’s financial effect on an official’s financial interest is indistinguishable from the decision’s effect on the public generally, the official is not disqualified from taking part in the decision. Regulation 18703 sets forth the “Public Generally Exception.”
The General Rule: A decision’s financial effect on an official’s financial interest is indistinguishable from its effect on the public generally if the official establishes that a “significant segment” of the public is affected and the “effect on the official’s interest is not unique” compared to the effect on the significant segment. (Regulation 18703(a).) A “significant segment” of the public is defined as:

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• At least 25 percent of:
 All businesses or nonprofit entities within the official’s jurisdiction;  All real property, commercial real property, or residential real property within the official’s jurisdiction; or
 All individuals within the official’s jurisdiction. (Regulation 18703(b)(1).) • At least 15 percent of residential real property within the official’s jurisdiction if the only interest the official has in the decision is the official’s primary residence. (Regulation 18703(b)(2).)
A unique effect on an official’s financial interest includes a disproportionate effect on:
• The development potential or use of the official’s real property, or the income producing potential of the official’s real property or business; • An official’s business or real property resulting from the proximity of a project that is the subject of a decision;
• An official’s interests in business entities or real properties resulting from the cumulative effect of the official’s multiple interests in similar entities or properties that is substantially greater than the effect on a single interest; • An official’s interest in a business or real property resulting from the official’s substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage; • A person’s income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official; and
• An official’s personal finances or those of immediate family. (Regulation 18703(c)(1)-(6).)
“Jurisdiction” means:
• The jurisdiction of the state or local government agency as defined in Section 82035;
• The designated geographical area the official was elected to represent; or • The area to which the official’s authority and duties are limited if not elected. (Regulation 18703(d).)
Specific Rules for Special Circumstances: Regulation 18703(e) also provides seven Specific Rules for Special Circumstances which govern the Public Generally Exception’s applicability in those special circumstances. Under these rules, a decision’s financial effect is deemed indistinguishable from its effect on the public generally if there is no unique effect on the official’s interest and the official establishes:

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• Public Services and Utilities: The decision sets or adjusts the amount of an assessment, tax, fee, or rate for water, utility, or other similar public services that is applied equally, proportionally, or by the same percentage to the official’s interest and other businesses, properties, or individuals subject to the assessment, tax, fee, or rate. However, an official is not permitted to take part in a decision that would impose the assessment, tax, or fee, or determine the boundaries of a property or who is subject to the assessment, tax, or fee. An official is only permitted to take part in setting or adjusting the assessment, tax, or fee amount, once other related decisions have already been made. (Regulation 18703(e)(1).)
• General Use or Licensing Fees: The decision affects the official’s personal finances as a result of an increase or decrease to a general fee or charge, such as parking rates, permits, license fees, application fees, or any general fee that applies to the entire jurisdiction. (Regulation 18703(e)(2).) • Limited Neighborhood Effects: The decision affects residential real property limited to a specific location, encompassing more than 50, or five percent, of the residential real properties in the official’s jurisdiction, and the decision establishes, amends, or eliminates ordinances that restrict on-street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at a specific location. (Regulation 18703(e)(3).) • Rental Properties: The decision is limited to establishing, eliminating, amending, or otherwise affecting the respective rights or liabilities of tenants and owners of residential rental property, including a decision regarding a rent control ordinance or tenant protection measures, provided all of the following criteria are met:
 The decision applies to all residential rental properties within the official’s jurisdiction other than those excepted by the Costa-Hawkins Rental Housing Act (Civil Code Sections 1954.50, et seq.). (Regulation 18703(e)(4)(A).)  The official owns three or fewer residential rental units. (Regulation 18703(e)(4)(B).)
 Only interests resulting from the official’s leasehold interest as a lessor of residential real property and the lessee or owner of the official’s primary residence are affected by the decision. (Regulation 18703(e)(4)(C).) • Required Representative Interest: The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented. (Regulation 18703(e)(5).)
Fair Political Practices Commission 15 Conflicts Overview May 2022 123

• State of Emergency: The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency. (Regulation 18703(e)(6).) • Governmental Entities: The decision affects a federal, state, or local government entity in which the official has an interest. (Regulation 18703(e)(7).) VII. Legally Required Participation
Section 87101 provides that the prohibition of Section 87100 does not prevent an official from making or participating in the making of a decision to the extent the official’s participation is legally required for the action or decision to be made. However, the existence of a tied vote does not make the disqualified official’s participation legally required.

No Alternative Source of Decision: Regulation 18705(a) provides that an official who is financially interested in a decision may establish that the official is legally required to make or to participate in the making of a decision within the meaning of Section 87101 only if there exists no alternative source of decision consistent with the purposes and terms of the statute authorizing the decision.
“Quorum” Defined: Regulation 18705(d) provides that a “quorum” is the minimum number of members required to conduct business. When the vote of a supermajority is required to adopt an item, a “quorum” is the minimum number of members needed to adopt the item.

Narrowly Construed: Regulation 18705(c) requires the regulation be narrowly construed, and specifically provides that the regulation shall not to be construed:
• To permit an official who is otherwise disqualified under Section 87100 to vote to break a tie. (Regulation 18705(c)(1).)
• To allow a member of any agency who is otherwise disqualified under Section 87100 to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not those other members are actually present at the time of the disqualification. (Regulation 18705(c)(2).) Random Means of Selection: Regulation 18705(c)(3) requires participation by the smallest number of officials with a conflict that are “legally required” for the decision to be made under Section 87101 and permits a “random means of selection” (e.g. drawing straws) to be used to select only the number of officials necessary to make the decision.

When an official is selected, that official is selected for the duration of the proceedings in all related matters until their participation is no longer legally required, or the need for invoking the exception no longer exists. (Regulation 18705(c)(3).) Fair Political Practices Commission 16 Conflicts Overview May 2022 124

Public Identification of an Otherwise Disqualified Official’s Financial Interests in a Decision: Regulation 18705(b) provides that when an official who has a financial interest in a decision is legally required to make or participate in making that decision, the official must state the existence of the potential conflict as follows:
• The official must disclose the existence of the conflict of interest and describe with particularity the nature of the official’s disqualifying financial interest or interests. This requirement is satisfied if the official discloses:
 The type of financial interest or interests involved in the decision, and;  Other specified information identifying the interest depending on the type of interest at issue.
• The official or another officer or employee of the agency must summarize the circumstances under which the conflict may arise.
• The official or another officer or employee of the agency must disclose the legal basis for the determination that there is no alternative source of decision.

Manner of Disclosure: The disclosures required by Regulation 18705(b) must be disclosed as follows:
• If the decision is made during an open session of a public meeting, the disclosures must be made orally before the decision is made; • If the decision is made during a closed session of a public meeting, the disclosures must be made orally during open session either before the body goes into closed session or immediately thereafter;
• If the decision takes place outside of a public meeting, the disclosures must be made in writing; and
• In all three circumstances immediately above, the disclosures must be made part of the public record, as specified. (Regulation 18705(b)(4).) VIII. Segmentation
Under the Act’s conflict of interest provisions, each governmental decision must be analyzed independently to determine if the decision will have a disqualifying effect on an official’s financial interest. (In re Owen (1976) 2 FPPC Ops. 77.) Accordingly, an agency may segment a decision in which an official has a disqualifying conflict of interest to allow the official to participate in associated decisions which would not have a disqualifying effect on the official’s interests under Regulation 18706.

Required Conditions for Segmentation: Regulation 18706(a) provides that an agency may segment a decision in which an official is financially interested, to allow the official Fair Political Practices Commission 17 Conflicts Overview May 2022 125

to participate in associated decisions in which the official is not financially interested, provided all the following conditions are met:
• The decision in which the official is financially interested can be broken down into separate decisions that are not inextricably interrelated to the decision in which the official has a disqualifying financial interest;
• The decision in which the official is financially interested is segmented from the other decisions;
• The decision in which the official is financially interested is considered first and a final decision is reached by the agency without the disqualified official’s participation in any way; and
• Once the decision in which the official is financially interested has been made, the official’s participation in associated decisions does not result in a reopening of, or otherwise financially affect, the decision from which the official was disqualified.
“Inextricably Interrelated”: Regulation 18706(b) provides that decisions are “inextricably interrelated” when the result of one decision will effectively determine, affirm, nullify, or alter the result of another decision.

Budget and General Plan Decisions Affecting Entire Jurisdiction: Regulation 18706(c) provides that once all separate decisions related to a budget or general plan affecting the entire jurisdiction have been finalized, the official may participate in the final vote to adopt or reject the agency’s budget or general plan.

IX. Disqualification Requirements
Section 87105 governs the recusal of a public official specified in Section 87200 from a decision from which the official has been disqualified. Subdivisions (a)(1)-(3) of that section require the disqualified official to: identify the potential conflict of interest to publicly identify the official’s financial interest or interests at issue; recuse from voting, discussing or attempting to influence the matter; and leave the room until after the matter is concluded. Subdivision (a)(4) excludes members of the Legislature from these recusal requirements.

Regulation 18707 provides further direction and guidance on the recusal requirements applicable to a public official specified in Section 87200 who is disqualified from a decision relating to an agenda item noticed for consideration at a public meeting subject to open meeting laws (i.e. the Bagley-Keene Act (Section 11120 et seq.) or the Brown Act (Section 54950 et seq.)).

Form and Content of Public Identification: The disqualified official must publicly identify each type of financial interest, identified in Section 87103, held by the official Fair Political Practices Commission 18 Conflicts Overview May 2022 126

that gives rise to the disqualifying conflict of interest. (Regulation 18707(a)(1).) The identification must be oral and part of the public record (Regulation 18707(a)(1)(B)), and provide the following information, as applicable:
• For a business interest: the name of the business, a general description of its activities, and any position held by the official. (Regulation 18707(a)(1)(A)(i).) • For a real property interest: the property’s address, assessor’s number, or identification that the property is the official’s personal residence. (Regulation 18707(a)(1)(A)(ii).)
• For a source of income interest: the name of the source of income. (Regulation 18707(a)(1)(A)(iii).)
• For a source of gift interest: the name of the source of gift. (Regulation 18707(a)(1)(A)(iv).)
• For all interests: the nature of the expense, liability, asset, or income affected. (Regulation 18707(a)(1)(A)(v).)
Timing: The public identification required by Regulation 18707(a)(1) must be made immediately prior to consideration of the agenda item. (Regulation 18707(a)(2).) • Partial absence from a meeting does not excuse the disqualified official’s public identification requirement. (Ibid.)
• If the official leaves a meeting in advance of an agenda item from which the official is disqualified, the official must provide the public identification required by Regulation 18707(a)(1) prior to leaving the meeting. (Regulation 18707(a)(2).) • If the official first joins a meeting after consideration of the agenda item, the official must provide the public identification immediately upon joining the meeting. (Ibid.)
Recusal and Leaving the Room: The disqualified official must recuse, leave the room after the public identification required by Regulation 18707(a)(1), and refrain from participation in the decision. (Regulation 18707(a)(3).) The disqualified official does not count toward achieving a quorum while the item is discussed. (Ibid.) • For an agenda item on a consent calendar (uncontested items), the official may remain in the room during the consent calendar. (Regulation 18707(a)(3)(A).) • If the official has a “personal interest” in the agenda item, as defined in Regulation 18704(d)(2) and wishes to speak or appear as a member of the general public, the official may leave the dais and speak or observe from the area reserved for members of the public after making the public identification required by Regulation 18707(a)(1) and recusing. (Regulation 18707(a)(3)(B).) Special Rules for Closed Session: The public identification required by Regulation 18707(a)(1) must be made orally during the open session before the body goes into Fair Political Practices Commission 19 Conflicts Overview May 2022 127

closed session and may be limited to a declaration that the official’s recusal is because of a conflict of interest under Section 87100. (Regulation 18707(a)(4).) The declaration must be made part of the official public record. (Ibid.) The official must not be present when the decision is considered in closed session or knowingly obtain or review a recording or any other non-public information regarding the decision. (Ibid.) Other Decisions: For a decision other than an agenda item involving a public official specified in Section 87200 (governed by Regulation 18707(a)), Regulation 18707(b) provides the following:
• If the official determines not to act because of a financial interest, the official’s determination may be accompanied by an oral or written disclosure of the interest.
• The official’s presence will not be counted toward achieving a quorum. • During a closed meeting of the agency, a disqualified official must not be present when the decision is considered, or knowingly obtain or review a recording or any other nonpublic information regarding the decision.
• An agency may adopt a local rule requiring the official to step down from the dais or leave the chambers.

Confidential Information: Regulation 18707(c) expressly provides that nothing in Regulation 18707 is intended to cause any disclosure that would reveal the confidences of a closed session or any other privileged information contemplated by law, including privileged information under Regulation 18740.
1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission (the “Commission”) are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.
2 We note that the annual gift limit is adjusted biennially. The current gift limit is prescribed in Regulation 18940.2. The adjusted annual gift limit amount in effect for the period January 1, 2021, to December 31, 2022, is $520.
3 For an official’s interest in a business entity or real property, Regulation 18702.1(a) and Regulation 18702.2(a)(1)-(6), provide additional guidance for determining if the interest is explicitly involved.

Fair Political Practices Commission 20 Conflicts Overview May 2022 128
A Public Official's Conflict Of Interest Checklist

KEY CONCEPTS
A public agency's decision should be based solely on
what best serves the public's interests.

The law is aimed at the perception, as well as the
reality, that a public official's personal interests may influence a decision. Even the temptation to act in
one's own interest could lead to disqualification, or
worse.

Having a conflict of interest does not imply that you
have done anything wrong; it just means you have
financial or other disqualifying interests.

Violating the conflict of interest laws could lead to
monetary fines and criminal penalties for public
officials. Don't take that risk.

BASIC RULE
A public official may not participate in a decision -
including trying to influence a decision if the official has financial or, in some cases, other strong personal
interests in that decision. When an official has an
interest in a contract, the official's agency may be
prevented from even making the contract.

WHEN TO SEEK ADVICE FROM AGENCY COUNSEL
The rules are very complex. Talk with your agency
counsel 1) early and often 2) when an action by your
public agency 3) may affect (positively or negatively)
4) any of the following:

Income. Any source of income of $500 or more
(including promised income) during the prior 12
months for you or your spouse/domestic partner.

Business Management or Employment. An entity
for which you serve as a director, officer, partner,
trustee, employee, or manager.

Real Property. A direct or indirect interest in real
property that you or your immediate family
(spouse/domestic partner and dependent
children) have, including such interests as
ownership, leaseholds (but not month-to-month
tenancies), and options to purchase. Be especially
alert when any of these are located within 500 feet
of the subject of your decision.

Personal Finances. Your or your immediate family's
(spouse/domestic partner and dependent children)
personal expenses, income, assets, or liabilities.

Gift Giver. A giver of a gift of $590 or more to you in the prior 12 months to you, including promised gifts. (2024 limit)
Lender/Guarantor. A source of a loan (including a loan
guarantor) to you.

Contract. You or a member of your family would have an interest (direct or indirect) in a contract with the agency.

Business Investment All interest in a business that you or your immediate family (spouse/domestic partner and dependent children) have a direct or indirect investment worth $2000 or more.

Related Business Entity. An interest in a business that is the parent, subsidiary or is otherwise related to a business where you:

Have a direct or indirect investment worth $2000 or more; or Are a director, officer, partner, trustee, employee, or manager, Business Entity Owning Property. A direct or indirect
ownership interest in a business entity or trust of yours that owns real property.

Campaign Contributor. A campaign contributor of yours.

Other Personal interests and Biases. You have important, but non-financial, personal interests or biases (positive or negative) about the facts or the parties that could cast doubt on your ability to make a fair decision.

WHAT WILL HAPPEN NEXT?
Agency counsel will advise you whether 1) you can participate in the decision and, 2) if a contract is involved, whether the agency can enter into the contract at all.

Counsel may suggest asking either the Fair Political Practices Commission or the State Attorney General' to weigh in.

EVEN IF IT’S LEGAL, IS IT ETHICAL?
The law sets only minimum standards. Ask yourself whether members of the public whose opinion you value will
question whether you can act solely in the public's interest. If they might, consider excusing yourself voluntarily from that particular decision-making process.
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A GUIDE TO THE RALPH M. BROWN ACT
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Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
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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
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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 ............................................................................55 132
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....................................33 133
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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...............................................................................................................59 134
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OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 5 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
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CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the 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.
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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.
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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 gettogether 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:
ƒ A legislative body’s need to get its business done smoothly. ƒ 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.
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ƒ A local agency’s right to confidentially address certain negotiations, personnel matters, claims, and litigation.
ƒ 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.
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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.
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LEGISLATIVE BODIES
What is a “legislative body” of a local agency? ................................................................ 12 What is not a “legislative body” for purposes of the Brown Act? .................................... 14 142
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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:
ƒ 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
ƒ 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.
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ƒ 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 ƒ 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.
ƒ 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.”
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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. ƒ 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? ƒ 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
ƒ 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. 145
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ƒ 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 ƒ 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
ƒ 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.
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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).
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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 ........................................................................................................ 26 148
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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.
ƒ “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
ƒ “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 ƒ “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 ƒ “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
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Conferences
The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body.

Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, 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. 150
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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.
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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
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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.
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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.
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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.
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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 ƒ Teleconferencing may be used for all purposes during any meeting. ƒ At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction.
ƒ Additional teleconference locations may be made available for the public. ƒ 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. ƒ Agendas must be posted at each teleconference location, even if a hotel room or a residence. ƒ 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 ƒ The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
ƒ All votes must be by roll call.

Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
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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
ƒ 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. ƒ 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. ƒ 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.
ƒ 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.
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ƒ 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. ƒ 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.
ƒ 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).
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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). 159
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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 ................................................................... 38 160
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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 161
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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.18 163
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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 164
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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
ƒ When a majority decides there is an “emergency situation” (as defined for emergency meetings).
ƒ 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. ƒ 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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ƒ 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.
ƒ 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. 166
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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:
ƒ At the meeting if prepared by the local agency or a member of its legislative body. ƒ 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.
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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 (sixminute 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). 170
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).
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OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT41 41 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............................................................ 51 172
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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.
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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.
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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
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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.” 176
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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.
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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.
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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.
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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. 180
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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 MediCal 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
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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.
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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). 183
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 53
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.
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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.
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OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT55 55 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.......................................................................................................... 59 186
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:
ƒ 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
ƒ Those involving the sale or issuance of notes, bonds, or other indebtedness, or any related contracts or agreements.3
ƒ 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
ƒ Those connected with the collection of any tax.5

ƒ 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
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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:
ƒ Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body.
ƒ Determine the applicability of the Brown Act to actions or threatened future action of the legislative body.
ƒ 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.
ƒ 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.
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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.
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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.
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60 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
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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. 191
192
1400 K Street, Suite 400, Sacramento, CA 95814
Phone: (916) 658-8200 | Fax: (916) 658-8240
www.calcities.org | www.westerncity.com
193
League of California Cities 2022 City Attorneys Spring Conference Westin and Sheraton, Carlsbad
Public Contracting: Purchasing
Requirements and Renewable
Energy/ Energy Efficient Projects
Thursday, May 5, 2022
Andrew Jared, Senior Counsel, Colantuono Highsmith & Whatley Ephraim Margolin, Associate Attorney, Colantuono Highsmith & Whatley

DISCLAIMER
This publication is provided for general information only and is not offered or intended as legal advice. Readers should seek the advice of an attorney when confronted with legal issues and attorneys should perform an independent evaluation of the issues raised in these materials. The League of California Cities does not review these materials for content and has no view one way or another on the analysis contained in the materials.

Copyright © 2022, League of California Cities. All rights reserved.

This paper, or parts thereof, may not be reproduced in any form without express written permission from the League of California Cities. For further information, contact the League of California Cities at 1400 K Street, 4th Floor, Sacramento, CA 95814. Telephone: (916) 658-8200.
194

LEAGUE OF CALIFORNIA CITIES
2022 CITY ATTORNEYS SPRING CONFERENCE
790 E. COLORADO BOULEVARD, SUITE 850, PASADENA, CALIFORNIA 91101-2109 | (213) 542-5700 GRASS VALLEY | PASADENA | SACRAMENTO | SOLANA BEACH | SONOMA 280729.1
PUBLIC CONTRACTING:PURCHASING

REQUIREMENTS AND RENEWABLE ENERGY/

ENERGY EFFICIENT PROJECTS
Andrew L. Jared, Senior Counsel
[email protected]
Ephraim S. Margolin, Associate Counsel
[email protected]
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280729.1
Preface
The intent of this paper is to help city attorneys determine what procurement methods are allowed and not allowed when engaging in public contracting. Choosing the right public contracting procurement method is already difficult, but as elected officials become more concerned with the impact of climate change on their communities, city attorneys will be tasked with guiding cities through the state’s purchasing requirements for renewable energy and energy efficient projects. These projects may or may not be procured as energy conservation contracts. Further complicating matters, vendors may also propose procurement methods that are viable to some California public agencies but not available to cities.

Therefore, this paper is an attempt to aid city attorneys in understanding the different ways that cities can structure purchases for goods and services, including renewable energy and energy efficient projects. Various procurement methods will be discussed, including: (1) formal or informal request for proposals, (2) sole-source procurement; (3) design-build contracts; (4) cooperative purchasing/“piggybacking”, (5) job order contracts; and (6) energy conservation contracts.

The paper covers the advantages and disadvantages of each procurement method to assist city attorneys in deciding which procurement methods are the best (and allowed) for their city given the particular circumstances applicable to their jurisdiction Disclaimers
We offer this overview of the requirements of California law without regards for the specific regulations that vary in each local agency. We recommend that each local agency and each specific project be evaluated separately for their compliance with local conditions, as well as the restrictions or requirements imposed by California law. This memorandum is not intended to be and should not be relied upon as a legal opinion or guarantee regarding public contracting. This memorandum is only intended to provide information regarding purchasing requirements and renewable energy and energy efficiency projects. Neither you nor any other person should rely exclusively on this memorandum in deciding how a project should be procured or entered into under California law.
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Introduction to Public Contracting
Cities are required to adopt policies and procedures governing bidding regulations and purchases of supplies and services by the city. (Gov. Code, § 54202).1 Such local policies and procedures may not be inconsistent with state statutes. This paper does not address procurement of supplies and services, which may have their own procurement requirements, such as Government Code § 4525 et seq., for contracts for professional services. Rather, the focus of this paper is to address common and emerging issues in public contracting for public projects.

In this context ”public contracting” is when cities or other government agencies purchase materials, goods, or services for “public projects” defined under Public Contract Code section 20161 as:
(a) A project for the erection, improvement, painting, or repair of public buildings and works.
(b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
(c) Street or sewer work except maintenance or repair.
(d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.

The procurement method known as competitive bidding is required for public projects over $5,000 for general law cities. (Pub. Contract Code, § 20162). Similarly, the Public Contract Code applies to charter cities in the absence of an express exemption, city charter provision, or an ordinance that directly conflicts with the Public Contract Code. (Pub. Contract Code, § 1100.7).

Competitive Bidding Process
The competitive bidding process is central to how government agencies contract for public works projects. The competitive bidding process is intended to protect the public fisc, guard against favoritism, fraud and corruption, waste, and to ensure that cities are receiving a high level of services for the lowest price. (Chung v. City of Monterey 1 City attorneys should also become familiar with their city’s purchasing regulations before advising their clients on contract procurement, especially as these ordinances may still apply even if no bids are received after the city posts a notice inviting bids and the city no longer has to follow the state’s formal competitive bidding requirement.
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Park (2012) 210 Cal. App. 4th 394). The competitive bidding process is the procurement method most often used by cities.

Formal Competitive Bidding
The Public Contract Code applies to virtually all public entities in California.

Public agencies2, with limited exceptions, have a duty to publicly bid certain contracts, particularly construction contracts, under the Public Contract Code. Specific provisions applicable to cities are set forth in § 20160-§ 20175.2 of the Public Contract Code.

Public Contract Code section 100 contains an express declaration of legislative intent, stating that the purpose of the code is:
(a) To clarify the law with respect to competitive bidding requirements. (b) To ensure full compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds. (c) To provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices.
(d) To eliminate favoritism, fraud, and corruption in the awarding of public contracts.

The importance of competitive bidding stems from the California Constitution and more than 140 years of California Supreme Court precedent precluding all payments on contracts violating the competitive bidding laws. As stated in Konica Business Machines U.S.A., Inc. v. Regents of University of California (1988) 206 Cal. App. 3d 449, 456-7:

The purpose of requiring governmental entities to open the contracts process to public bidding is to eliminate favoritism, fraud, and corruption; avoid misuse of public funds; and stimulate advantageous marketplace competition. [citations omitted] Because of the potential for abuse arising from deviations from strict adherence to standards which promote these public benefits, the letting of public contracts universally receives close judicial scrutiny and contracts awarded without strict compliance with bidding requirements will be set aside. This preventative approach is applied even where it is certain there was in fact no corruption or adverse 2 As will be discussed infra, the applicability of certain procurement procedures and methods available to other non-municipal public agencies are increasingly being marketed to cities when such procurement types are in fact not available to cities.
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effect upon the bidding process, and the deviations would save the entity money. [citations omitted] The importance of maintaining integrity in government and the ease with which policy goals underlying the requirement for open competitive bidding may be surreptitiously undercut, mandate strict compliance with bidding requirements.

The strong public policy supporting competitive bidding as the required method for public projects for cities in California is difficult to avoid. While some vendors approach cities with examples of projects within California proceeding under other less formal methods in order to avoid the complexities of the formal bidding process, competitive bidding remains the default required procurement method for California cities.

The formal competitive bidding process usually involves public advertisement for the submission of sealed bids, the public opening of bids, and the award of contracts to the lowest responsible bidder that is responsive to the solicitation for bids. This process is almost exclusively governed by the Public Contract Code.3 The notice inviting bids is the first step in the formal competitive bidding process and must be published or posted at least 10 days before the bids are opened. (Pub.

Contract Code, § 20164). The notice must be published at least twice, not less than five days apart, in a newspaper that is published in the city and posted in at least three public places in the city designated by ordinance as a place where public notices are posted. (Id.).

When a city opens the bids, it must choose the lowest responsible bid that is responsive to the notice. If two or more bids have the same cost and are responsive, the city may choose one. (Pub. Contract Code, § 20166). The city also has the authority to reject all bids presented and readvertise the bid or if no bids are received, it no longer has to follow the competitive bidding process. (Id.).

It is illegal to split or separate a public project into smaller work orders or contracts in an attempt to avoid competitive bidding requirements. (Pub. Contract Code § 20163).

Attorneys should be aware that intentional violation of this requirement is a misdemeanor. (Id.)
The advantage of the formal competitive bidding process is that the uniform method is well understood by contractors and city employees, and that it is structured with the intention to obtain the best deal for the city at the lowest cost. 3 If a city has adopted the Uniform Public Construction Cost Accounting Act (Pub. Contract Code §§ 22000 et seq.) or the project is valued less than $5,000, then the Local Agency Public Construction Act (Pub.

Contract Code §§ 21160 et seq.) will apply.
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The disadvantage of the formal competitive bidding process is that the process can be cumbersome and complicated, and in many instances the costs associated with the administration and preparation of the bid process outweigh the cost savings associated with the closed bid process. Staff that is already understaffed must engage in a lengthy paper chase of design, bidding, noticing, and public meetings. The process takes a significant amount of time in what is often a foreign process to new or recently promoted employees. If city staff is unfamiliar with the formal competitive bidding process, a bid protest or legal challenge may also arise. City attorneys should work closely with city staff to ensure that they are comfortable with the formal competitive bidding process to avoid potential issues.

Informal Bidding: the Uniform Public Construction Cost Accounting Act In response to the issues associated with the formal competitive bidding process, the legislature created the Uniform Public Construction Cost Accounting Act (UPCCAA) (Pub. Contract Code, § 22000-22045). If a city chooses to be subject to the UPCCAA then certain less-formal contracting procedures may be used for certain contracts valued at $200,000 or less. (Pub. Contract Code, § 22032). Each public agency that elects to become subject to the uniform construction accounting procedures must adopt a resolution accepting the procedures and notify the State Controller that it has adopted a resolution. (Pub. Contract Code, § 22030).4 Cities then have to enact an informal bidding ordinance to govern the selection of contractors to perform public projects. (Pub. Contract Code, § 22034). The ordinance must include specified information, such as how notice to contractors will be provided and that City Council may delegate the authority to award informal contracts to the public works director, city manager, purchasing agent, or other appropriate person. (Pub. Contract Code, § 22034). UPCCAA provides a number of specific requirements for this informal contracting procedure. Cities must give notice to contractors describing the project in general terms, how to obtain more detailed information about the project, and state the time and place when bids must be submitted. (Id.).

For purposes of UPCCAA, “public project” means any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
4 The State Controller maintains a list of all such public agencies. 200
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(2) Painting or repainting of any publicly owned, leased, or operated facility.
(3) In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
(Pub. Contract Code, § 22002(c)).

However, “public project” does not include maintenance work, which is defined as all of the following:
(d) (1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
“Facility” means “any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of subdivision (c), real property, streets and highways, or other public work improvement.” (Pub. Contract Code, § 22002(e)).

Just as with the formal competitive bidding process, cities may reject all bids and declare that the project can be done more efficiently by city staff and provide to the lowest responsible bidder at least two business days’ advance notice of the city’s intent to reject the bids. (Pub. Contract Code, § 22038). The city is also required to award the contract to the lowest responsible bidder. (Id.). And if no bids are receiving, the city can perform the work itself or by negotiating directly with a contractor. (Id.).

City attorneys should recognize opportunities for their clients to engage in the informal bidding process. One advantage of the informal bidding process is that the procurement method is simpler and more efficient than the formal competitive bidding 201
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process, but does not sacrifice the city’s vigilance against waste and fraud. Informal bidding can also be run by the public works director or city manager, which frees up city council to focus on other matters.

The disadvantage of the informal competitive bidding process is that cities may not be familiar with the process, because they typically use the formal competitive bidding process and may therefore be subject to a bid protest or legal challenge due to an error caused by this unfamiliarity.

Federally Funded Projects
Cities sometimes accept federal grants for public works projects. When cities accept these funds, they are typically required to comply with federal laws and regulations that govern how these funds must be spent and documentation of the spending. (Gov. Code, § 53702). For instance, cities received funds under the American Rescue Plan Act, which provided funds to state, local, and tribal government to respond to and recover from the COVID-19 public health emergency and resulting fiscal crisis.

The Department of the Treasury released a Final Rule for the bill, which provided that funds from the Rescue Plan Act could be used for projects that reduce energy consumption of public-owned treatment facilities, including installing energy efficient lighting, HVAC, and electronic equipment.5
The Final Rule also noted that whether cities may spend money on public works projects “which enhance environmental quality, remediate pollution, promote recycling or composting, or increase energy efficiency or electrical grid resilience[,]” depends on whether these projects respond to the disproportionate impacts of the pandemic on certain communities and would depend on the specific issue they address and the project’s connection to the public health and economic impacts of the pandemic.

The Department of Energy also supports a number of grant, loan, and financing programs that aid state and local governments.

The Office of Management and Budget (“OMB”), a federal government agency, has issued guidance for how cities and other public agencies that receive awards of federal funds may use the funds. These regulations are entitled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which has been termed the “Super Circular.” The Super Circular can be found at 2 Code of Federal Regulations 200. The Super Circular was updated in 2020 and 2021 and the citations in the California Municipal Law Handbook may not be current. 202
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All procurement contracts with federal money involved must be conducted in a manner providing “full and open competition” consistent with the applicable federal procurement rules. (2 C.F.R. § 200.319 (2022)). There are five methods of procurement that a city may use when it receives a federal grant:
1) Micropurchases;
2) Small purchase procedures;
3) Sealed bids (formal advertising);
4) Competitive proposals;
5) Noncompetitive negotiation.

Micropurchases
A micropurchase is the acquisition of supplies or services using a simplified acquisition procedure. Generally, the threshold for using this procurement method is for purchases of $10,000 or less. (48 C.F.R. part 2, subpart 2.1).6 Cities may award contracts for micropurchases without soliciting competitive quotes if the city can document with research, experience, purchase history or other information that the price is reasonable. (2 C.F.R. § 200.320(a)(1)(ii)). Cities can also use the micropurchase method for contracts up to $50,000 by ordinance, but the city must maintain documentation that it can make available to federal auditors explaining why it raised the micropurchase threshold and documentation of any of the following:
1) A qualification as a low-risk auditee;7
2) An annual internal institutional risk assessment;8 or 3) For public agencies, a threshold that is consistent with state law. (2 C.F.R. § 200.320(a)(1)(iv)).

Small Purchase Procedures
6 This threshold is generally adjusted for inflation and city attorneys should check the threshold before employing this procurement method.
7 A “low-risk auditee” is an agency that meets the requirements in 2 C.F.R. § 200.520 for the preceding two audit cycles, such that an annual audit was performed and the auditor did not identify any deficiencies in internal control or report a substantial doubt about the auditee's ability to continue as a going concern.
8 The term “annual internal institutional risk assessment” is not defined in the C.F.R. 203
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A small purchase is the purchase of property, supplies. or services which is greater than the micropurchase threshold but less than $250,000. (2 C.F.R. § 200.320(a)(2)).9 Cities may also establish a small purchase threshold that is less than $250,000 based on internal controls, and evaluation of risk, and the city’s documented procurement procedures. For these small purchases, cities can use “small purchase procedures.” Small purchase procedures are when a city gets price or rate quotations from an adequate number of qualified sources. (Id.). Cities are still required to comply with state or local small purchase dollar limits under if they develop their own small purchase threshold. If the city does decide to use the small purchase procedure, then price or rate quotations must be obtained from an adequate number of qualified sources. (2 C.F.R. § 200.320(a)(2)(i)).

Sealed Bids
Sealed bids are a procurement method where a city publicly solicits bids and a firm fixed-price contract (lump sum or unit price) is awarded to the lowest responsible bidder whose bid conforms with all material terms and conditions of the invitation for bids. (2 C.F.R. § 200.320(b)). In order for sealed bidding to be a feasible procurement method, the following conditions should be present:
1) A complete, adequate, and realistic specification or purchase description is available;
2) Two or more responsible bidders are willing and able to effectively compete against one another for the contract; and
3) The type of project is suitable for a firm fixed price contract and the selection of the successful contractor can be made primarily based on price. (2 C.F.R. § 200.320(b)(1)(i)).

The sealed bidding procurement method is a type of formal procurement method and cities that use the method must formally advertise the invitation to bid. To use the sealed bid procurement method, cities must abide by the following requirements:
1) Cities must publicly advertise and solicit bids from an adequate number of qualified sources and give these sources sufficient time to respond before the bids are opened;
9 Similar to the micropurchase threshold, the small purchase threshold is adjusted for inflation regularly. (See 2 C.F.R. § 200.1). The small purchase procurement threshold is sometimes referred to as the “simplified acquisition threshold.”
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2) The invitation for bids must include specifications and attachments allowing bidders to properly respond;
3) The bids must be publicly opened at the time and place specified in the invitation for bids; and
4) Payment discounts may only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of. (2 C.F.R. § 200.320(b)(1)(ii)).

Cities may reject any or all bids if they can demonstrate a sound reason. (Id.).

Competitive Proposal Procurement
The competitive proposal procurement method is another type of formal procurement method. Competitive proposal procurement method is typically used when conditions are not appropriate to use the sealed bids process. (2 C.F.R. § 200.320(b)(2)). Under this procurement method, cities publish a request for proposal and a fixed-price or cost reimbursement contract is awarded to the lowest, responsive bidder.

A city choosing to use the competitive proposal procurement method must follow four requirements:
1) The city’s requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical;
2) The city must have a written method for conducting technical evaluations of the proposals received and making selections; 3) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the city, with price and other factors considered; and
4) The city may use competitive proposal procedures for qualificationsbased procurement of architectural/engineering (“A/E”) professional services, where an offeror’s qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. (2 C.F.R. § 200.320(b)(2)(i)-(iv)). 205
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The procurement method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. This procurement method is often referred to as “qualifications-based procurement.” Qualifications-based procurement cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. (2 C.F.R. § 200.320(b)(2)(iv)).

Noncompetitive Negotiation
Noncompetitive negotiation or noncompetitive procurement is a procurement method where a city solicits a proposal from only a single source or from multiple sources. (2 C.F.R. § 200.320(c)). Noncompetitive negotiation can only be used by cities in five specific circumstances:
1) The property or service sought is does not exceed the micropurchase threshold of $10,000;
2) The property or service sought by the city is only available from a single source;
3) An emergency exits that will not allow the city to suffer the delay from publicizing a competitive solicitation;
4) The city receives written permission from the federal agency that awarded the city the money;
5) The city deems competition inadequate after soliciting bids from a number of sources. (2 C.F.R. § 200.320(c)(1)-(5)).

The Green Energy Transition
As elected officials become more concerned with the impact of climate change on their communities, city attorneys will be tasked with guiding cities through the state’s purchasing requirement for renewable energy and energy efficient projects. In 2011, Governor Brown signed SB 411 into law which required California to get 33% of its electricity from renewable sources, such as wind and solar energy, by the year 2020. In 2015, Governor Brown signed SB 350 into law, which increased California’s renewable electricity procurement goal from 33% in 2020 to 50% by 2030.10 In 2018, that goal was 10 Stats. 2015, ch. 547; Sen. Bill No. 571 (2015–2016 Reg. Sess.) (“SB 350”). 206
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upped to 60% by 2030.11 The California Energy Commission’s Renewables Portfolio Standard stipulates that 100% of the state’s energy must be carbon-free by 2045.

On their own, elected municipal officials are also charting a clean energy future for their cities. For instance, the City of Los Angeles unveiled a plan in 2021 to become the first major city in the United States to eliminate fossil fuels from its power supply.12 San Diego’s Climate Action Plan, unanimously passed by its City Council in 2015, calls for the City to only use electricity from renewable sources by 2035. In 2008, San Francisco adopted an ordinance amending the City’s Environment Code to create greenhouse gas emissions targets and direct various city departments to take necessary actions to meet these goals. As part of the plan to reduce greenhouse gases, the ordinance charges the San Francisco Public Utilities Commission with developing a plan to completely move San Francisco away from using fossil fuels by 2030. In 2007, San Jose adopted Green Vision, a plan for improving the city’s sustainability. One of Green Vision’s ten goals is to acquire all of San Jose’s electricity from renewable sources by 2022.

And it is not just large cities in California that are joining the transition to renewable energy. According to the Sierra Club, 54 jurisdictions in California have adopted building codes to reduce their reliance on gas, including smaller cities such as Solana Beach, Fairfax, Emeryville, Santa Cruz, Windsor, and Davis.13 Research by the UCLA Luskin Center for Innovation indicates that the local demand for renewable energy is helping the state exceed its clean energy goals. Research by the Luskin Center found that one of the main drivers of this trend is community choice aggregators, which buy clean energy on behalf of their residents and businesses.14 So, by choice and state pressure, elected local officials are making the decision to build and invest more in renewable energy, energy efficiency, and energy conservation projects.

Renewable Energy and Energy Efficiency Projects
As renewable energy, energy efficiency, and energy conservation projects become more of a political imperative for municipal elected officials, city attorneys will be tasked with guiding these officials through the procurement process. This section runs down the 11 The State released the first joint agency report and summary document explaining how the State’s electricity system can become carbon free by 2045.
12 Sammy Roth, Los Angeles now has a road map for 100% Renewable Energy, Los Angeles Times (March 24, 2021).
13 Matt Gough, California’s Cities Lead the Way to a Gas-Free Future, Sierra Club (July 22, 2021). 14 Michael Einstein, Local demand is helping California surpass renewable energy targets, UCLA Newsroom (February 1, 2021).
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six procurement methods which cities may use for public works projects, with particular focus on how these procurement methods can be used for renewable energy and energy efficiency projects.

Formal or Informal Request for Proposals
The City may draft a formal or informal request for proposals to consider when selecting contractors and providers for its public works projects. A request for a proposal (“RFP”) and request for qualifications (“RFQ”) are invitations to contractors and providers to submit proposals for public works contracts. Cities then evaluate these proposals based on price, quality, and other relevant factors. When a City issues an RFQ, it invites contractors to submit statements of qualifications. Cities typically use RFQs when choosing the most qualified service provider is the city’s paramount objective. RFPs and RFQ procurement allow cities to consider multiple selection criteria, not just price.

By contrast, with competitive bidding it all boils down to submitting a bid—i.e., a lump sum price—and selection of the responsive bid from responsible bidders is based solely on the best price.

Cities may also employ a two-step process, by first using an RFQ process to narrow a pool of qualified respondents, then inviting only the qualified respondents to submit proposals under an RFP process.

Unlike the competitive bidding process, the legal guardrails around an RFP or RFQ are light. However, public attorneys should ensure that their clients do not use the RFP or RFQ process when competitive bidding is required by statute or a city’s own purchasing requirements. City attorneys should also ensure that submitted proposals are evaluated based on the stated criteria.15 Otherwise, cities may be forced to redo the RFP or RFQ process. Finally, unlike the competitive bidding process where contractors’ bids must be opened and announced in public and are subject to immediate disclosure as public records, the California Supreme Court has ruled that proposals submitted to public agencies in response to an RFP are not subject to disclosure under the California Public Records Act until the agency has completed negotiations with proposers. (Michaelis, Montenari & Johnson v. Superior Court (2006) 38 Cal.4th 1065, 1072-75.) The Supreme Court applied the “catchall” exception set forth in Government Code section 6255 and concluded that the public interest in protecting an agency’s bargaining position during contract negotiations outweighs the public interest in disclosing proposals before the negotiations are concluded.
15 In Eel River Disposal & Resource Recovery, Inc. v. County of Humboldt (2013) 221 Cal.App.4th 209, a county improperly deviated from its own stated evaluation criteria and procedures in its RFP by adding a new criterion (local preference) during the evaluation process. 208
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The advantages of using an RFP or RFQ process when selecting contractors for public works projects is that cities may consider the quality of the services or materials to be provided and are not limited to just considering price as with competitive bidding.

Doing so may enable cities to achieve the best services or materials for public benefit.

Cities may also negotiate on price with qualified contractors, which may save taxpayer money. The disadvantages of using an RFP or RFQ process when selecting contractors is that it may be more time-consuming than the competitive bidding process as it takes staff time to draft an RFP or RFQ and city attorneys should ensure that city staff do not deviate from the stated evaluation criteria and judge the resulting proposals and statement of qualifications under other factors. Otherwise, cities may be forced to redo the entire process.

Sole-Source Procurement
In order to foster competition and achieve the lowest possible bid price and the highest possible quality of services and materials, cities are generally prohibited from including provisions in their bid documents which limit competition or which require a single source to be the provider of materials or products. (Pub. Contract Code, § 3400.) The motivating concept behind this provision is that competitive bidding is designed to prevent favoritism, cronyism, and kickbacks in the award of public contracts and that restrictions on sole-source procurement encourage private companies to “develop and implement new and ingenious materials, products, and services that function as well, in all essential respects, as materials, products, and services that are required by a contract, but at a lower cost to taxpayers.” (Pub. Contract Code, § 3400, subd. (a).) The prohibition on bidding provisions limiting competition is set forth in Public Contract Code section 3400(b) as follows:
“No agency . . . nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works shall draft or cause to be drafted specifications for bids . . . in a manner that limits the bidding, directly or indirectly, to any one specific concern.” Public agencies are generally prohibited from “calling for a designated material, product, thing or service by specific brand or trade name unless the specifications list at least two brands or trade names of comparable quality or utility and is followed by the words ‘or equal’ so that bidders may furnish any equal material, product, thing, or service.” The exceptions to this general requirement are set forth in Public Contract Code section 3400. The four statutorily recognized exceptions are:
(1) A field test or experiment is necessary to determine a product’s suitability for future use;
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(2) the designation of a particular material or product is necessary to match others in use;
(3) in order to obtain a material that is only available from one source; or
(4) to respond to a declaration of emergency.

To take advantage of the fourth exception, the city council must declare an emergency by four-fifths vote. (Pub. Contract Code, § 3400, subd. (c)(4)(A).) The city can also use sole-source procurement when there has been an emergency declaration by the state, state agency, or county. In that scenario, the city council must include the findings for the emergency in the invitation for bid or RFP.

The advantages related to using a sole-source procurement method are that including such a requirement ensures that the required material, product, or service is included and that the goal of the public works project is achieved. The disadvantages related to using a sole-source procurement method are that it may increase the cost of the public works project and it may not be strictly necessary for the city to have required the named material, product, or service. Therefore, city attorneys should also check with city staff when they recommend including a sole-source procurement requirement for a public works project.

Design-Build Contracts
Design-build contracts are public works contracts in which both the design and construction services for the project are contracted from a single entity—often called a design-build entity. (Pub. Contract Code, § 22161, subd. (c)). In contrast, under the traditional design-bid-build method, the design and construction aspects of a public works project are conducted and bid by two different firms: a design firm and a construction firm. The rationale behind the design-build procurement method is that this method of contracting should be used when a contractor can combine functions and reduce project costs and complete the project quicker. (Pub. Contract Code, § 22161, subd. (a)). The design-build method reduces the risk cities face as to “delay claims” that arise out of the “city’s” plans (developed by the design professionals) causing delay claims to the contractor.

Cities may only use design-build contracts for public works projects worth over $1 million. (Pub. Contract Code, § 22162, subd. (a)). Cities must also design a conflict-ofinterest policy for design-build contracts. (Pub. Contract Code, § 22162, subd. (c)). 210
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Cities wishing to enter into a design-build contract must follow a four-step process. First, the city must prepare documents setting the scope and estimated price of the project as well technical plans and specifications covering the quality of materials and equipment to be used. (Pub. Contract Code, § 22164, subd. (a)(1)). The plans must be put together by a licensed design professional (Id.)
Second, the city issues a RFQ to create a shortlist of qualified design-build entities for the project. (Pub. Contract Code, § 22164, subd. (b)).

Third, the city determines which companies have the experience, capability, and financial capacity to complete the project. (Pub. Contract Code, § 22164, subd. (b)). In its RFQ, the city must include information about it intends to evaluate potential design-build entities.

Fourth, the city issues an RFP for final selection of a bidder based on competitive bidding or best value including price, design, expertise, life cycle costs, labor force availability, and safety record. (Pub. Contract Code, § 22164, subd. (d)). Then the city awards the contract to a bidder. Design-build entities cannot be prequalified unless they provide an enforceable commitment that they along with all their subcontractors will use “a skilled and trained workforce.” (Pub. Contract Code, § 22164, subd. (c)). This requirement does not apply, however, when the city has a project labor agreement governing the work. 16
City attorneys should be familiar with design-build contracts, especially because many solar power projects are design-build projects. The advantage of design-build contracts is that a city only has to contract with one bidder, making it easier for city staff to coordinate, especially if there are changes to the design of the project. Work may also be started quicker with the initial design of the project. The disadvantage of design-build contracts is that the city may find it difficult to evaluate different design proposals, especially with regard to their constructability and site suitability.

Cooperative Purchasing/“Piggybacking”
Under a local purchasing ordinance, cities may—without prior competitive bidding—contract with suppliers who have been awarded contracts by the state or other local agencies for the purchase of goods, information technology, and services. This is often called “piggybacking” or intra-government purchasing. (Pub. Contract Code, § 10298(a)). The idea behind this procurement method is that cities do not need to conduct 16 Project labor agreement means a “prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.” (Pub. Contract Code, § 2500). 211
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their own competitive bidding process since one has already been conducted and doing so would just be duplicative.

Such state contracts typically take the form of master agreements, price schedules, or multiple award schedules that allow the state to take advantage of leveraged pricing that can be obtained through the state’s buying power. The local agency may make these purchases directly from the vendors or the state may provide assistance to local agencies in making these acquisitions. (See Pub. Contract Code, §§ 10298-10299, 12100-12113).

In contracting for renewable energy projects, city attorneys representing multiple agencies may advise their clients that banding together to increase purchasing power parity is acceptable. Additionally, as far as we are aware the state has not encouraged cities to “piggyback” on renewable energy projects and services that it has contracted for.

However, that is likely because the scale of services and materials required by the state is at a scale significantly greater than for municipalities. “Piggybacking” on state renewable and energy efficient projects may be something for city attorneys to keep their eyes on in the years to come.

Job Order Contracts
A general law city may not enter into a job order contract.17 While counties and other government agencies are permitted to engage in this procurement method, cities are not specifically allowed to. A job order contract is an agreement for a fixed price per unit for the performance of minor construction, renovation, alteration, painting, and repair of existing facilities. A job order contract is generally a multi-year contract on siting of a base year and multiple option years where the delivery of services is guaranteed at a fixed price during the term, but the agency has not yet specified the location or delivery time of the services. When the contract is awarded the specific project to be performed is not identified. These contracts are prohibited for general law cities because there is no provision in state law allowing such contracts. (See 76 Ops Cal Atty Gen 126 (1993)).

City attorneys should advise their clients to avoid job order contracts. This is especially crucial as many solar and renewable energy companies work with entities, such as community college districts and other local agencies, that are eligible for job order contracts and may pressure cities to enter into job order contract arrangements. Every city attorney should inform their clients that agencies subject to the Uniform Public Construction Cost Accounting Act are required to adopt—and bidders permitted to 17 Counties may enter into job order contracts of less than $3 million (Pub. Contract Code, § 20128.5).

Additionally, there are statutory carveouts for the Los Angeles Unified School District and other nonmunicipal agencies (See Pub. Contract Code, § 20919 et. seq.). 212
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examine—plans, specifications, and working details for all public projects in excess of $75,000. (Pub. Contract Code, § 22039, 22040.).

Energy Conservation Contracts
In order to promote energy conservation and the use of renewable energy sources, the Legislature has special contracting procedures for renewable energy and energy efficiency projects. The Government Code defines which projects qualify, such as projects for energy conservation facilities, alternate energy equipment—such as solar, biomass, wind, geothermal, hydroelectric—and conservation measures and services. (Gov. Code, § 4217.11).18
The Government Code also sets out a separate contracting procedure for these energy conservation contracts. Cities can use future cost avoidance and savings from these energy projects to pay for the upfront costs of energy efficient measures through a guaranteed savings program. This contracting method comes from the Energy Conservation Contract statutes (Gov. Code, § 4217.10-4217.18.) The law gives cities broad latitude in entering into and structing these energy conservation contracts. As Government Code section 4217.18 states:
“The provisions of this chapter shall be construed to provide the greatest possible flexibility to public agencies in structuring agreements entered into hereunder so that economic benefits may be maximized and financing and other costs associated with the design and construction of alternate energy projects may be minimized. To this end, public agencies and the entities with whom they contract under this chapter should have great latitude in characterizing components of energy conservation facilities as personal or real property and in granting security interests in leasehold interests and components of the alternate energy facilities to project lenders.” Therefore, energy conservation contracts are a possible procurement method for cities to explore and employ. Care must be taken to document the required findings and present such in the requisite public hearing.

Hearing Requirement
18 “Energy conservation facility” means alternate energy equipment, cogeneration equipment, or conservation measures located in public buildings or on land owned by public agencies. 213
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To employ this contracting method, a city has to hold a public hearing that is posted two weeks in advance. (Gov. Code, § 4217.12). The public agency can use the RFP process to select a qualified provider or can choose from a qualified pool of providers.

A hearing is not required if a city is going to impose energy conservation measures related to electrical or thermal energy rates from a public utility, the Public Utilities Commission, or the State Energy Resources Conservation and Development Commission. (Gov. Code, § 4217.15).

Findings Requirement
Competitive bidding is not required for renewable energy and energy efficiency contracts. Instead, renewable energy and energy efficiency projects may be sole-sourced or procured through either a formal or informal request for proposals process under Government Code § 4217.10 et seq. if the city council is able to make two findings about the project at a regular meeting, following a public hearing:

1. “That the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the public agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.

2. “That the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract.”
(Gov. Code, § 4217.12).

The definitions of “Conservation measures”, “Conservation services”, “Energy conservation facility”, and “Energy service contract” are found at subsections (c) through (f) of Government Code § 4217.12.

There is no published case law on what constitutes sufficient findings for a city.

However, the statute gives cities broad authority as articulated in Government Code section 4217.18.

Finally, the regular meeting at which the public hearing will be held (and the findings made) must be publicly noticed at least 2 weeks before the proposed meeting date. The resulting contract—whether it be a design-build contract, power purchase 214
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agreement, or other energy services contract— may be on the terms that are deemed to be in the best interest of the city. (Gov. Code, § 4217.13).

Cities may also continue to enter into contracts and leases for energy conservation projects in any other manner authorized by law. (Gov. Code, § 4217.17).

Government Code Section 1090 Issues
Energy conservation contracts also raise issues related to Government Code section 1090, which prohibits public officers, while acting in their official capacities, from making contracts in which they are financially interested. A contract that violates Section 1090 is void. (Thomson v. Call (1985) 38 Cal.3d 633, 646.). The Fair Political Practices Commission (“FPPC”) has opined that Government Code section 1090 prohibited the City of Pleasanton from entering into two separate contracts with the same energy services company where the second contract’s scope of work would be established through services performed under the initial contract. (Advice Letter, No. A-20-042; Advice Letter, No. A-19-057.).

Subsequently, the FPPC opined that the Pleasanton could enter into an energy services contract with a company who is given the authority to determine the scope of work for the contract and then performs the work that the city selects, after the contract is amended to reflect the actual work that the city authorizes the company to perform.

The FPPC stated that “Section 1090 would not prohibit the City from contracting with a company to both determine the scope of work and then perform the work so long as all of the contemplated services are contained in a single contract.” (Advice Letter, No. A20-143.).

Since the contract that Pleasanton was proposing required amendment after the company provided options detailing the scope of work it could perform, the FPPC stated that Section 1090 would prohibit Pleasanton from entering two separate contracts with the same energy services company where the scope of work in the subsequent amended contract would be established through services performed under the initial contract. The FPPC’s reasoning is based on the holding that “changes to existing contracts are themselves ‘contracts’ under section 1090.” (See, e.g., City of Imperial Beach v. Bailey (1980) 103 Cal.App.3d 191, 193; see also 98 Ops.Cal.Atty.Gen. 102 (2015)). Simply put, Section 1090 prohibits cities from entering into a contract with a company to develop energy related improvement options and then hire that same firm to perform the work.

Qualified Energy Services Companies
A city may also create a pool of qualified energy service companies based on qualifications, experience, pricing, or other pertinent factors from which to award 215
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“energy savings contracts” or contracts for an “energy retrofit project” through a competitive selection process. (Pub Util. Code, § 388). “Energy retrofit project” means a project where a local agency works with a qualified energy service company to identify, develop, design, and implement energy conservation measures in existing facilities to reduce energy or water use or make more efficient use of energy or water.19 “Energy savings” means a measured and verified reduction in fuel, energy, or water consumption when compared to an established baseline of consumption. (Pub. Util. Code, § 388, subd. (c)(2)).

The pool of qualified energy service companies and contractors must be reestablished by a city at least every 2 years or it will expire. (Pub. Util. Code, § 388, subd. (b)).

Conclusion
Cities have a variety of contract procurement methods at their disposal. City attorneys should be familiar with these methods and the situations in which each contract procurement method is advantageous for their client to use. Additionally, city attorneys should familiarize themselves with the contracting procedure for energy conservation contracts as cities may elect to use this contracting procedure more in the coming years as the push to use clean energy continues to gain in importance for elected officials. 19 “Qualified energy service company” means a company with a demonstrated ability to provide or arrange for building or facility energy auditors, selection and design of appropriate energy savings measures, project financing, implementation of these measures, and maintenance and ongoing measurement of these measures as to ensure and verify energy savings. 216
Relationship Between City Council
and City Manager Staff
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A Key Ingredient for Success: An Effective City Council/City Manager Relationship Kevin C. Duggan
ICMA West Coast Regional Director
Introduction
Mayors and councilmembers need to have effective working relationships with a number of key audiences in order to successfully undertake their responsibilities. These audiences include citizens/voters, community groups, the press, other governmental agencies, other elected officials, nonprofit organizations and many more. However, critical to a successful and satisfying career on the city council in a city council/city manager form of government is a successful and effective working relationship with the city manager. This article suggests the necessary ingredients for a mutually successful council/manager working relationship.

The City Council/City Manager Form of Local Government:

The "Council/Manager Plan" is designed for the elected city council to set policy direction as the direct representatives of the community with the city manager providing the professional expertise to manage the organization and carry out the council's direction. Policy direction is provided in a variety of ways, including through local laws/ordinances, planning policies (general plan and zoning), financial policies, the annual budget and capital improvement plan, the adoption of city council policies and through numerous other program directives.

The city manager is responsible for carrying out the council's policy direction through the day-to-day management of city functions, including the oversight of city operating departments. Key tasks associated with this role include the hiring and supervision of department heads, the implementation of the annual budget and the assurance of quality service delivery. This "plan" is predicated on the philosophy that elected representatives are better able to make community value judgments on behalf of residents and translate these values into policy direction—the "what" in city government. It is also based on the belief that professional staff are best able to determine the "how" of implementing policies and delivering day-to-day services due to their experience and training. Since both roles are closely related, it is the city manager's responsibility to coordinate between both realms to assure the effective delivery of services consistent with city council direction.

This is often referred to as the policy/administration dichotomy (the separation of these responsibilities)—which, oftentimes, has a good deal of "gray" on the boundaries.

When it works most effectively, the elected officials focus on the big picture of policy 218
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development and minimize their role relating to administrative implementation while the staff works to avoid an undue influence on policy development while focusing on policy implementation and service delivery. While the line between the two can become blurred, the city council/city manager system is subject to failure if the line is disregarded.

If the city council and the city manager have an effective and mutually supportive working relationship, the likelihood of the policy and administrative roles being effectively coordinated increases significantly, resulting in a more successful city governance and management.

Among the issues to consider in trying to establish the best possible city council/city manager working relationship are the following:
• The relationship cannot be taken for granted and requires attention and work to establish and maintain. If not diligently pursued, it will not be accomplished. • The work of city councils is not easy! Not only do you confront the typical challenges of group decision-making, but the "group" in this case may not have a great deal in common. Also, the issues can be weighty and controversial. The decision-making is also done in public, often on TV or the Web, scrutinized by the public and press, and anyone can join in on the deliberations. • Among the factors that can get in the way of an effective relationship include:
— Not understanding/appreciating/respecting each other's roles. — Differing philosophies.
— Differing personalities.
— Challenging issues.
— External pressures from the media, community groups, employee organizations, etc.
• Fully appreciate that you need to establish a good working relationship with your fellow councilmembers and the city manager in order to maximize:
— Organizational performance.
— Organizational reputation.
— Value to the community.
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— Personal reputation.
— Community pride and confidence.
• Don't underestimate how important it is to a city manager to have a good working relationship with the city council. It has been reported that the relationship with the city council is the primary factor impacting a city manager's job satisfaction.

Among the reasons for this are the following:
— City councils are the source of formal performance feedback. Like almost everyone, positive feedback from supervisor(s) is very important. — City councils control the city manager's job security. — City councils determine the city manager's compensation. — City councils establish the city manager's "parameters of success." — City council support for the city manager, particularly during tough times, is of tremendous value.

Recommended Practices:

So while the stakes are high and the challenges significant, there are a variety of "best practices" and techniques that can improve the odds of your individual success as a mayor or councilmember, as well as the success of the city council and city as a whole.

The following are offered as ideas to consider in your efforts to establish and maintain a strong and effective working relationship with your city manager:
• Recognize that you are now "different" than before you were elected (and more than you may realize):

You are now viewed as a community/city leader and what you do and say can have a much greater impact. Your comments will now be viewed as representing "the city." What you do and say will also be more closely scrutinized. You should be aware that the city staff will view you much differently now that you are one of the organization's leaders. Even an offhand comment can be viewed as a directive for action. So even though you may not view yourself any differently than before you were elected, don't underestimate to what degree others are viewing you differently.
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• Understand and respect the city council/city manager plan of governance:

It is critical for you to understand why your city is organized under this plan of governance and how it should operate. It is important to understand and appreciate the distinction between policymaking and implementation and the different roles played by individual councilmembers, the city council as a whole, the city manager and the city staff.
• Allow time for you and the city manager to get to know each other and develop a working relationship:

Try not to overly rely on what you have heard from others regarding what it will be like to work with the manager—others' views may or may not be accurate.

Most city managers understand the need to work very hard to adjust to the issues, concerns and priorities of the new city council. Try to be open-minded to your ability to establish a productive and effective working relationship with the manager.
• City managers will do their best to carry out the policy direction of the city council (even when there is a major change in policy direction):

Professional city managers are committed to carry out the policy direction of the city council regardless if they personally agree or disagree with the policy as long as what they are asked to implement is:
— Legal.
— Ethical.
— Within their/the city's authority.

It is often misunderstood that when a city manager effectively implements a city council's policy, the manager personally agrees with the policy or can only implement city services consistent with that policy. City managers can change the organization's approach to an issue as may be directed by a new city council.

Avoid overly associating the city manager with the policies that the city has previously implemented at the direction of the previous council. • Take your role seriously, but not yourself:

This common advice is particularly important for mayors and councilmembers.

While you are doing important and serious work on behalf of the community, you will do it better and more effectively if you keep the normal "ups and downs" and "wins and losses" in perspective. You were elected to make tough decisions on 221
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oftentimes controversial issues. It's a given that you will be criticized and there will be those who vehemently disagree with your decisions. That is unavoidable.

Develop a thick skin and do your best to not take personally the conflicts and disagreements that are a normal part of your new role. If you don't develop a thick skin, you will overreact to criticism.

Additionally, you are now part of an organization and will be blamed/criticized for the actions of the organization that you had nothing to do with. That is the reality of your new role and you should keep that in mind.

And remember, the city manager is not always to blame when things go wrong, though he/she should take appropriate responsibility for the organization's actions. It can be easy to focus your frustration on the city manager. You will be happier and more effective if you can experience the normal "ups and downs" of city life without needing to always find someone at fault.

Whatever the issue or encounter, try not to take it personally. Try to keep personal likes and dislikes out of the equation. Your fellow councilmembers and the city manager are not your family or personal friends; they are your "professional colleagues," and you need to work effectively with them even if you would not select them as friends.

Lastly, always "live to fight another day." There are always future issues to decide; focus on those versus the votes already taken. And always remember not to burn bridges due to a difficult defeat; you will need those "bridges" for future votes! • Appreciate the legitimate difference between the "community perspective" and the "professional/technical" perspective:

While you will primarily view issues from your perspective as a resident/citizen in a manner similar to the other residents of the community, the city staff will often have a more "technical/professional" perspective. What might make a great deal of sense to the staff looking at an issue from a purely "business" point of view may not be the right answer based on community perspectives and values. While the city manager will do his or her best to bridge the gap between the two points of view, it is very helpful for councilmembers to understand that while the staff should be sensitive to community values, they will often raise issues based on their professional training that can differ from a purely community values point of view.

An appreciation for these varied perspectives is critical to the council-staff relationship. That does not mean the one perspective is "right" while the other is "wrong"; but both parties should try to understand and appreciate the views of the other.
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• Don't fall into the trap of feeling you are VERY special:

While being elected to a city council is an honor bestowed upon you by the voters, keep that "honor" in perspective. Citizens view electing you as showing trust in your judgment in representing their interests in community decision-making.

They did not elect you because they felt you were personally deserving of special rights and privileges. Don't expect the city manager or staff to be able to assist you in ways outside your formal role on the city council. By and large, they will be required to treat you just the same as any other citizen on matters outside the realm of your official duties. Any compensation and "perks" of office should be visible and public.
• Professional city managers will not "play favorites":

Professional city managers will strive to have a positive working relationship with all the members of the city council regardless of personality, philosophy or positions on specific issues. They will also not let personal likes or dislikes affect how he or she interacts with councilmembers, and you should not expect the manager to act otherwise.
• It is critical to city managers to have clear policy direction:

The city manager and the city organization cannot carry out the policy direction of the city council if that direction is not clearly established. The clearer the direction, the more effectively the manager and staff can implement. Even when the council is split on an issue, the majority's will needs to be clearly stated. The manager should seek clarification from the city council when necessary. • Be sensitive to the need for city managers to sometimes tell you "what you don't want to hear":

One of the least favorite tasks for a city manager is to tell an individual councilmember or the council as a whole something they don't want to hear. This could range from a mistake the organization has made to informing a councilmember that something they want done (or want to do) cannot be done or is not appropriate. While city managers try to be as flexible as possible in meeting the needs of the city council, you will not be well served by a manager who will not tell you when something is not appropriate or cannot be achieved simply to avoid appearing uncooperative. While the manager needs to be clear why the request cannot be fulfilled, it is very helpful to understand the manager has a professional obligation to give you advice contrary to what you would like to hear when he/she is so required.
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• Why managers can't always do what you want them to do:

The manager can often be confronted with a situation of an individual councilmember wanting something done that is not consistent with the wishes of the city council. The manager needs to respond to the direction of the city council as a whole. While managers try to be as responsive as possible to the needs/desires of individual members, on matters of any consequence, the direction of the city council will often be required.
• Take your role to evaluate your city manager's performance seriously:

Like any other employee, the city manager benefits from regular and thoughtful performance evaluations. Performance evaluations are an important communication tool between the manager and council. Working for multiple individuals is challenging enough without clear and consistent feedback on performance. At least annual evaluations should be conducted. This provides the opportunity to communicate how the council views the manager's performance, including areas of strength and areas for potential additional emphasis. This is also the only opportunity for the council as a whole to provide this input in private. Use this valuable communication tool effectively. • Tolerance for organizational imperfection (mistakes!):

While no one likes mistakes, they are unavoidable in the context of organizational life. Cities are complex organizations dealing with a wide variety of services with unique and sometimes challenging clientele. It is not a matter of whether mistakes will be made, but when. It is critical as a leader of your city that you react to mistakes appropriately. While mistakes should be avoided to the greatest extent possible, overreacting can cause further damage. You should expect that mistakes will be addressed promptly, fully disclosed and that steps will be taken to avoid repeating the same mistakes again. You will need to trust the manager to follow up and effectively address the situation when organizational miscues occur. So, have high expectations but recognize that mistakes will occur, even in the best organizations and try not to overreact when they do.
• Support of reasonable risk-taking:

High-performing organizations will occasionally need to take "reasonable risks" in order to achieve community objectives. Sometimes these endeavors will not be successful. However, organizations that avoid ANY unnecessary risk are not likely to accomplish a great deal. While city councils need to be informed and concur that the risk being taken is reasonable for the potential benefit being gained, councils should also be understanding that projects and initiatives that have inherent unknowns may not always turn out as hoped. Intolerance for any 224
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mistakes/risk will breed an overly conservative organization and will stifle creativity and flexibility and the benefits these values can bring. • Try to focus feedback on service quality, not individuals:

An ongoing challenge is the difficulty of reconciling the ultimate responsibility of the city council for city service quality versus the need to avoid interfering in the daily management of the organization. It is much better for the city council to communicate service level or quality concerns to the city manager versus performance judgments regarding individual staff members. It is particularly inappropriate for individual members or the council as a whole to try to direct the manager to hire, fire, or promote members of the city staff. • Don't expect managers to take sides in councilmember disputes:

Regardless of how they may personally feel, most city managers will avoid, at all costs, "taking sides" in disputes between councilmembers. While on occasion the manager might try to help reconcile councilmembers, don't expect the manager to take your side in a dispute with a fellow member. Even if they may agree with you, most managers will avoid taking part in public or private criticism of councilmembers unless professionally required to do so in extreme cases. • Don't jump to conclusions regarding citizen/customer feedback:

While it is your responsibility to be available to listen to citizen and customer feedback regarding the city organization, be careful not to jump to conclusions based on what you are told. Oftentimes an individual may sound completely sincere and credible while providing you an inaccurate account of their experience with the city organization. It is best to not jump to conclusions, one way or the other, until the manager is able to provide you a response to the concern. It is embarrassing to criticize staff for poor performance only to find out that the information you relied on was not accurate. At the same time, the manager needs to not be overly defensive regarding staff performance until he or she also has heard "both sides of the story."
• Don't expect the manager to exercise "political leadership":

While managers are inherently leaders of their organizations and, to varying degrees, in their communities, their role is not to be political leaders. That is, it is not intended for the manager to be "out front" on community policy issues. Sometimes city councils want managers to take leadership (advocate publicly) on controversial issues to avoid potential political consequences to themselves. While tempting, this is contrary to the intent of the council/manager plan under which the elected officials are to take the lead on purely policy matters. 225
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• Disagree with the recommendation/don't attack the "messenger":

When dealing with a difficult issue at a council meeting, it can be tempting to not only disagree with the recommendation being presented, but to challenge/ discredit the manager or staff member presenting the recommendation. The best practice is to focus your comments on the recommendation, not the individual.

Having a policy discussion devolve into a personal attack is uncomfortable and embarrassing to everyone involved. Even if you are frustrated by the recommendation, it is poor form to attack the presenter. If you do have concerns regarding how a recommendation was developed or presented, that should be provided privately to the manager.

P.S.: Don't play "stump the staff" by trying to ask questions at the meeting that you think staff will have difficulty answering on the spot. It doesn't really make you look smarter, nor is it helpful to the deliberations to ask a question that cannot be answered. While staff members should work diligently to anticipate questions, it is not possible to anticipate all possible questions. If you really want the answer, get the question answered before the meeting or provide a heads up regarding what you will be asking.
• Conduct yourself at council meetings in a professional/businesslike manner:

Even on very controversial topics with greatly varying opinions, the council deliberation can be and should be "businesslike" and professional. While it may be more entertaining (possibly from a reality TV perspective) to see councilmembers and citizens yelling and having temper tantrums, it gets in the way of thoughtful deliberations and only tends to lower the respect for the council and city in the eyes of your constituents.
• Consider the use of council team-building and goal-setting workshops:

Recognizing the importance of both effective councilmember/councilmember and council/city manager working relationships, often an investment of time in teambuilding workshops is very worthwhile. These workshops allow for a thoughtful conversation of working relationships outside the context of discussing specific issues. These discussions can help create a better understanding of work styles and perspectives.

Additionally, recognizing that clear direction and priorities are critical for effective council/manager relations, goal-setting workshops can be very effective forums for establishing city council and organizational priorities. 226
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• Have a clear understanding with the manager of the type and frequency of communication you prefer:

While a fundamental value of city managers is to provide regular and complete information equally to each councilmember, councilmembers can vary significantly regarding the type and frequency of contact with the manager they desire. While the manager will use written reports in one form or another as a base line of information to all the members, it is important for the manager to understand your preference for how information should be communicated, including the frequency of personal contact. While some members prefer regular "face-to-face" contact with the city manager, others prefer less time-intensive information-sharing methods.

While sharing the same information among all councilmembers, it is helpful for you and the manager to understand how much and what type of contact you prefer.
• Do your homework:

It takes time and effort to be a successful councilmember. It makes the manager's and staff's job a lot easier if you have reviewed the reports and related materials provided to you prior to the city council meeting. This facilitates efficient meetings, accelerates decision-making and gives the impression that staff and council are working well as a team. Additionally, it will avoid you appearing unprepared to your fellow councilmembers, the staff and your constituents. • Trust above all:

As in all relationships, the city council/manager relationship must be based on trust. Other potential obstacles such as differing personalities, styles, philosophies, etc., can be overcome if there is mutual trust. Without trust, little else will be successful. Both parties need to treat each other with respect and be truthful and forthcoming in their dealings.
• No Surprises:

Both the manager and council should do their best to make sure that important information is not first learned from others. While in this age of instant communication this is more difficult, and in some cases impossible, the parties should do their best to make sure that noteworthy information to which they are privy is not communicated to other organizational leaders by third parties (particularly the media). The manager needs to work hard to make sure that the council is not taken off guard while councilmembers should keep the city manager in the loop as well. "Surprises" can have a very negative impact on the working relationship in that it speaks directly to the trust issue. 227
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• Work through the city manager to get things done:

While practice and philosophy can vary to some degree between cities, councilmembers should generally work through the city manager to obtain action by staff.

Individual councilmembers are not authorized to direct staff, though routine referral of citizen requests (or to simply request information) is sometimes appropriate depending on local practice. Coordinating through the manager will make sure the issue is sent to the right staff person for action and will allow the manager to confirm timely follow-up. This also helps the manager stay informed regarding issues of community concern.
• Council/Mayor Role:

It is also important to make sure there is clarity between the council, the manager and the mayor on respective roles. At times there can be a conflict between the role the mayor views themselves as playing and the expectations of the remainder of the council. It is difficult if the manager gets caught in a dispute over these respective roles. In particular, how the city manager relates to the mayor versus the other councilmembers needs to be clear.
• Don't blame the manager or staff for carrying out the direction of the city council:

The city manager and staff are required to faithfully carry out the direction of the city council, regardless if they did or did not recommend it and regardless if some councilmembers oppose it. Respect the staff for faithfully carrying out the will of the council, whether or not you share the view of the council majority. • If the council/manager relationship is not going well:

If you or the council are having difficulty with the city manager, try your best to resolve the issue. First of all, find an appropriate way to communicate the concerns. The manager can't respond if he/she is not aware of the concern. As noted earlier, try to obtain clear council consensus for the expectations for the manager and communicate those expectations clearly. Try to be optimistic regarding the possibility of the manager making adjustments to satisfy the concerns of the council and give sufficient time to do so. Additionally, provide the manager opportunities to respond to the feedback and communicate how he/she will address the concerns.
• If all else fails and there needs to be a "parting of the ways":

A forced separation of the manager is not a good experience for the council, the manager or the city. It can be costly, controversial and can cast everyone in a negative light. It can also erode citizen confidence in the city. Assuming all 228
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reasonable steps have been taken to avoid a forced transition and recognizing a parting based on "irreconcilable differences" is always better than an "ugly, contested divorce" (in an "ugly divorce," both parties end up looking bad), keep the following in mind:
— Keep it professional.
— Don't unnecessarily damage the manager's reputation—it is not needed to make a change.
— Provide a reasonable period of time for the manager to find another position or provide reasonable severance—it takes time to find a manager's job. — Remember, how you handle the transition of the current manager will have an impact on the quality of the candidate pool for the next manager.

Summary/Concluding Thoughts:

An unstable council/manager relationship has negative consequences for the city council, the manager, the organization and the community. A positive and mutually supportive relationship will increase the odds of having a high-performing and successful city. The councilmembers and manager need to make creating, supporting and sustaining the relationship a high priority. If made a high priority, the odds of success are great.

Remember that your service on the city council is a unique honor that has been bestowed on you by your fellow citizens. While it is often a challenge, with inherent difficulties, someone needs to do it and your community has selected you for that responsibility. You have been selected to serve in a professional and honorable manner, during good times and bad. Your service on the city council will be over soon enough.

Conduct yourself in a manner that will allow you to look back with pride—not only for what you accomplished, but also the way in which you conducted yourself (which will likely be remembered the longest).
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Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 1 Electeds and Staff Bring a Different & Necessary
Perspective
Understanding and embracing different perspectives is part of what makes our democratic institution at the local level so great. Both perspectives are vital when making decisions in the community’s interests.  Elected officials focus on what their constituents value and need from the agency; and  Staff has technical expertise in policy areas and what can work, given their day-to-day experiences with implementing agency policies, practices and service delivery that can help inform the decision-making process.1
Bridging Function
Elected officials play a key bridging function between the community needs and staff; the chief executive officer in turn plays a bridging function between elected officials and staff.

Leadership & Governance:

Tips for Success
230
Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 2 Role Division
Current thinking is that elected and appointed officials operate in all four dimensions of the governance process: mission, policy, administration and management, although to differing degrees.2The graphic 3 below illustrates this phenomenon. The curved line illustrates the division of roles between governing boards and executive staff; how this line looks for each local agency varies. 231
Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 3 When the Governing Board Changes
Staff’s job is to implement the policies adopted
by the governing body. This includes
implementing changes in policy direction when
the philosophy of the governing board
changes.

New majorities on boards sometimes impute
the policy preferences of the previous boards
to staff. This causes them to worry that staff
will not be as diligent in implementing changes
to previous policies. They sometimes believe
staff has to change in order for policies to
change.

This is another area where frank and ongoing
communication is helpful. Most professional
staff understand that policy directions change
and that their role is to implement that change,
as long as the policy falls within the bounds of
the laws and public service ethics.

Allow a certain amount of time for staff and the
new majority to get to know one another and
see if a productive working relationship can
occur.

Role Clarity
A shared understanding of the chief executive’s role and the governing board’s expectations optimizes the working relationship. This understanding is informed by local charter and ordinance provisions that provide the overall framework for the relationship.
 The process of developing such a shared understanding begins with the hiring process and each participant in the process being forthright about their respective expectations.  An annual evaluation process is an ongoing opportunity for such communication, particularly as governing board members change.

Staff will be most able to perform to expectations if those expectations are clear and mutually acceptable.

Tips for Governing Board Members
Setting Goals and Priorities. A helpful practice is
to have the governing board establish priorities and
strategic goals for the organization; such goals and
priorities are a tool to guide the chief executive and
staff on where to focus their efforts.4
Establishing an annual time for board reflection on
community priorities would also offer an opportunity
to discuss decorum among members and the
executive-board relationship.

Limited Resources Means Difficult Trade-offs.

An unhappy reality is that there are likely insufficient resources to accomplish everything that the
community and elected governing board members
desire. This reality creates challenges for the chief
executive in proposing a budget as well as well as
managing the agency work force.

Finding Common Ground. A key skill for a
governing board member is finding areas of
agreement and common interests with other board
members. Within the parameters of the state’s open
meeting laws, work with the other governing board
members to find areas of agreement on what
courses of action best serves the public’s interests.

In the event that board members disagree, clear
ground rules can quell acrimony before it becomes a
public spectacle.
232
Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 4 Understanding that Public Policymaking Involves Value Choices. Policy choices tend to be choices among different values, including the values of fairness, compassion, efficiency, individual rights, common good and others. The “correct” answer is likely to be an elusive goal,5particularly since members of the community as well as other members of the governing board are likely to give different values different weight.

Chief Executive Works for the Entire Board. All members of the body were elected by the community to participate in the agency’s decision-making processes. As a result, the chief executive’s responsibility is to strive for positive working relationships with all members of the body equally and provide information equally to all members of the body.

Communications Needs. Let the chief executive know what kinds of communications work for you.

While the chief executive’s job is to share information with all members of the governing body equally (and typically through a combination of written communications and one-on-one meetings), governing body members will often have different communications preferences as to what combination of these two techniques work best for them.

Transparent Decision-Making. The governing board makes decisions (and gives staff direction) at open and well-publicized governing board meetings. These decisions occur after listening to, inquiring of and learning from interactions with all segments of the community and staff.

The Benefits of Collaboration. Be forthright on your objectives and goals with the chief executive, so he or she can do what is possible to help you achieve them (as opposed to “going around” him or her). A chief executive will try to be as responsive as possible to the needs of individuals on the governing board; however understand that significant tasks are likely to require governing body buy in and some tasks may conflict with priorities and policies adopted by the full governing body.

Ground Rules. A helpful practice is for the governing board as an entity to adopt, regularly review and update how the board will conduct its meetings and make decisions.6Such protocols typically address meeting procedures (agenda preparation, how to put issues on the agenda, debate and voting procedures (parliamentary rules) and standards of decorum (civility).7 Managing Difficult Board Members. Staff’s role is to provide information to enable elected officials to knowledgeably participate in the decision-making process. However, from time to time, there will be difficult and divisive board members that create a challenging and uncomfortable environment for both the board and staff. There is no one-size-fits-all solution to solve such a problem. In the end, the board must manage its own behavior—not staff.8
Staff Preparation. If you have questions, concerns and/or information needs (or know that members of the community do), provide staff a heads up in advance of meetings so staff can be prepared to address them.

Unwelcome Information. One of staff’s least favorite roles is providing information and analysis that will make one or more governing board members unhappy. Typically, providing such information is part of staff’s job to avoid surprising the board. If pursuing a given course of action could have negative outcomes (a lawsuit, unintended consequences or a chance that a given goal will not be achieved), it is 233
Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 5 staff’s job to let the board know so the board can factor such information and risks into the decision. If possible, staff will also try to identify options and alternatives for reducing the risk of negative outcomes.

Directing Questions and Criticisms. Question, and if appropriate, criticize ideas, policies, programs or outcomes, but not the individuals involved (whether those individuals are fellow elected officials, staff or members of the public). Remember that staff is your tool to accomplish your objectives. Public praise for things you like will motivate; public criticism and embarrassment will discourage. Criticism or information regarding staff missteps should be directed to the chief executive to address.

Responding to Mistakes and Disappointing Outcomes. Mistakes are likely to happen in any organization. If something bad happened, ask what measures can and will be taken to prevent such missteps in the future.9
Tips for Chief Executive & Staff
Clear Goals and Priorities. A key task is for the governing body and chief executive work together to assure staff has clear direction on the agency’s goals and priorities.

Goal setting workshops can be useful forums for establishing governing board and organizational priorities. This includes holding annual workshops in which goals are set, reviewed, updated and/or retained, as well as direction on how the group wants to be kept updated on progress, goals and priorities.10 Follow up, of course, is critical to maximizing a goal setting session’s value.11 Such clarity enables staff to know where to devote scarce/limited resources in proposing budget and work program priorities for the governing board’s consideration.

Documented goals and priorities serve as a reference point when issues and potentially competing priorities come up throughout the year. Priorities may need to change of course; the key is if a new priority is added, an old one must be subtracted.12
Engaging a broad range of the community in the conversation about hard choices can help the governing body in aligning agency goals with community wishes. Such processes offer important opportunities to inform and consult the community on what can be difficult tradeoffs due to scarce resources. Such engagement can also make the resulting decisions more enduring.

Focus on the Core Functions. For those areas over which the agency has discretion (for example, nonstate mandated efforts without maintenance of effort requirements), the conversation can focus on identifying what is most important for the agency to accomplish. This tends to be an intersection of three things: what the community is passionate about, what the organization can be best at and what resources are available.13
Identifying this intersection does not necessarily mean that tasks outside the intersecting area will not get accomplished. Some functions may be more effectively accomplished by other agencies, communitybased organizations or the private sector. 234
Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 6 Capacity Building. The entire community benefits from well-prepared and knowledgeable local officials.

Some tools for assisting with this goal include:14
 Leadership academies that help the public, including potential future governing board candidates, understand key elements of the agency’s work and processes.  Candidate orientations that provide information about agency functions, pending policy issues, including budget issues and any regulations that apply to the campaigning process.  Newly elected official orientations conducted as soon as possible after election results are certified. Content should include the nuts and bolts of how to accomplish objectives in their new role, as well as briefings on current issues the agency faces, the status of long-range plans and capital projects, and the budget process. Connecting newly elected officials with former electeds who are respected in the community and can offer advice and share experience is also helpful.15  Ongoing education through local workshops, references to helpful information about local governance and policy issues and conference attendance.

Credit for Commitment to Elective Office. One dimension of staff’s role is to help governing board members receive the recognition they deserve for their actions as public servants.16 As media opportunities occur, ensure the electeds are aware so they may receive recognition for their service on community issues.

Evenhandedness. A positive working relationship with all governing body members regardless of personality, philosophy, positions on issues or whether the member is in the majority or minority on the body (remember majorities can change) can be another important success strategy. Communication preference may require that you spend more time with certain members. “Evenhandedness” does not necessarily mean communicating with all decision-makers in the same way.

A Sustained Effort. Successful relationships require ongoing effort and attention. Communication is a central element of this effort.
 Staff’s role is to present information and analysis objectively, fairly and without spin.  This includes willingness, when necessary, to deliver unwelcome information and minimize surprises for the governing board.

When Elected Officials Disagree with Staff Recommendations and Analysis. Professionals recognize smart, conscientious and reasonable people can disagree on the best course of action (particularly given the differing perspectives that staff and electeds contribute to the analysis of what best serves the community’s interests).
 Such disagreements are not and should not be taken personally.  All governing board decisions must be faithfully implemented, even those which differed from what staff recommended.
 Staff should never speak ill of elected officials, even to seemingly sympathetic and discreet listeners. Word of what was said inevitably seems to get back.

Attention to Detail. Doing the small things well helps governing board members trust staff on the big items.
235
Leadership & Governance: Tips for Success December 2015 | www.ca-ilg.org | 7 Defining Success. Enjoying good relationships with elected officials is a worthy goal, with a few caveats.  Be clear on the lines (legal, ethical and professional) over which you are not willing to step, before finding yourself in a difficult situation.
 As difficult as it may be, your professional reputation for competence and integrity in the long term is a more valuable career asset than keeping a particular job. © 2015 Institute for Local Government. All rights reserved.

References
1 International City/County Management Association and National League of Cities, Working Together: A Guide for Elected and Appointed Officials (1999) at 22.
2 Working Together: A Guide for Elected and Appointed Officials, at 19-20. 3 Based on the work of James H. Svara in “Dichotomy and Duality: Reconceptualizing the Relationship between Policy and Administration in Council-Manager Cities,” Public Administration Review 45 (1998): 228. This material is reproduced with permission of John Wiley & Sons, Inc.
4 Kevin C. Duggan, A Key Ingredient for Success: An Effective City Council/City Manger Relationship, at 9. 5 Julia Novak and John Nalbandian, Preparing Councils for Their Work, PM Magazine, August 2009, available at http://webapps.icma.org/pm/9107/public/feature3.cfm?author=Julia%20Novak%20and%20John%20Nalbandian&title=Preparing%20Councils %20for%20Their%20Work&subtitle=
6 See International City/County Management Association and National League of Cities, Working Together: A Guide for Elected and Appointed Officials (1999), at 59. Mike Conduff, Council Relations, PM Magazine (June 2012), available at http://webapps.icma.org/pm/9405/public/council.cfm?author=&title=Council%20Relations&subtitle= 7 See International City/County Management Association and National League of Cities, Leading Your Community: A Guide for Local Elected Leaders (2008) at 30-33.
8 Julia Novak and John Nalbandian, Preparing Councils for Their Work, PM Magazine ( August 2009), available at http://webapps.icma.org/pm/9107/public/feature3.cfm?author=Julia%20Novak%20and%20John%20Nalbandian&title=Preparing%20Councils %20for%20Their%20Work&subtitle
9 A Key Ingredient for Success: An Effective City Council/City Manger Relationship, at http://webapps.icma.org/pm/9107/public/feature3.cfm?author=Julia%20Novak%20and%20John%20Nalbandian&title=Preparing%20Councils %20for%20Their%20Work&subtitle
10 Julia Novak and John Nalbandian, Preparing Councils for Their Work, PM Magazine (August 2009) available at http://webapps.icma.org/pm/9107/public/feature3.cfm?author=Julia%20Novak%20and%20John%20Nalbandian&title=Preparing%20Councils %20for%20Their%20Work&subtitle=
11 Mike Conduff, ICMA-CM, A Great Retreat!, PM Magazine (April 2012) available at http://webapps.icma.org/pm/9403/public/council.cfm?author=&title=Council%20Relations&subtitle= 12 Frank Benest, Ten New Rules for Elected Officials in Times of Economic Meltdown (2011) available at http://www.cailg.org/post/leadership-strategies-times-economic-meltdown. 13 Adapted from Jim Collins, Good to Great in the Social Sectors, 2005 at 19 (the “hedgehog concept). Also recommended by Frank Benest in Ten New Rules for Elected Officials in Times of Economic Meltdown (2011) available at http://www.ca-ilg.org/post/leadership-strategiestimes-economic-meltdown.”). 14 From Mike Conduff, Council Relations, PM Magazine (June 2012), available at http://webapps.icma.org/pm/9405/public/council.cfm?author=&title=Council%20Relations&subtitle= 15 Preparing Councils for Their Work, PM Magazine, available at http://webapps.icma.org/pm/9107/public/feature3.cfm?author=Julia%20Novak%20and%20John%20Nalbandian&title=Preparing%20Councils %20for%20Their%20Work&subtitle=
16 This concept is part of the International City/County Management Association’s Code of Ethics:

Tenet 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members.

More Resources
International City/County Management Association and National League of Cities, Working Together: A Guide for Elected and Appointed Officials (1999)
International City/County Management Association and National League of Cities, Leading Your Community:

A Guide for Local Elected Leaders (2008)
This resource reflects the insights and thoughts of a number of individuals, including: Kevin C. Duggan, West Coast Director, International City/County Management Association, Pete Kutras, Retired County Executive, Santa Clara, and Principal Consultant, Municipal Resource Group, LLC, Richard A. Haffey, County Executive Officer, Nevada County, and William Chiat, Director, CSAC Institute for Excellence in County Government. 236
Board/Executive Staff Communications Strategies December 2015 | www.ca-ilg.org | 1 Establish Communication Priorities at the Beginning
of the Relationship
Establishing rapport and communication styles early on will help throughout the board members’ and executive’s appointment tenure.

Ongoing Communications/No Surprises
A mutual goal in executive/board member communications is for each to keep the other informed of developments relevant to the others’ roles and responsibilities. Another important goal is to avoid situations in which either elected officials or the chief executives are surprised.

Board Workshops
A board workshop, or series of workshops, can help to set goals and priorities for the agency. Workshops and communicating about decorum are key tools for the governing body. Such workshops enable the board to establish overall goals and priorities the community and objectives for the chief executive to pursue. Workshops can also create mutual expectations among board members on how they will work together to achieve goals.

Role of the Chair
One member of the board may be selected to serve as chair of the board. The chair may handle issues among the electeds as they arise so staff is not in the middle of any situations. An executive can work directly with the chair on agenda setting and logistical priorities.

Tailored Communications Methodologies
On a more day-to-day basis, regular communications between the chief executive and elected officials are advisable. How those communications occur will vary according to the preferences and styles of the individuals involved. Elected officials are likely to vary in how, when and where they want to engage in Board/Executive Staff
Communications Strategies
237
Board/Executive Staff Communications Strategies December 2015 | www.ca-ilg.org | 2 communication with staff. As one former elected official observed, “One size does not fit all, but all need to feel fit.”
Although the mode of communication may vary; all board members should receive the same information.

The method and amount of time for delivering and receiving communication may differ among members.

Understanding the communication needs of each elected official is a key executive task.

Regular in-Person Meetings
Experts suggest that one-on-one meetings between the agency chief executive and each governing body member should occur frequently - if not weekly, then biweekly or monthly.  Regular meetings with governing board are especially important when the body is divided.1If the chief executive meets only with members of the majority, the executive may undermine perceptions of staff objectivity and neutrality.
 Although staff is bound to implement the policy adopted by the majority, the relationship the chief executive develops must be with the body as a whole as well as with each individual who makes up the body.

Weekly Updates
Some agencies find a weekly newsletter/email from the chief executive to governing body is helpful practice.
 These should be informational only - not an effort to achieve consensus among decision-makers outside open and publicized meetings.2
 Executives and governing board members also need to be aware that such communications are public documents subject to disclosure to the media or in litigation.

Voice-to-Voice for Sensitive Matters
Communications relating to confidential or sensitive matters are best accomplished in person or by telephone.

Newly Elected Official Orientations
A helpful practice is for each newly-elected governing board member and the chief executive to meet individually early on. The meeting can include a tour of agency facilities and a briefing on key issues, as well as a preview of issues to be covered in any additional orientation sessions planned. It also offers elected officials the opportunity to get their most pressing questions answered.3For more information, visit ILG’s New to Public Service resources at: www.ca-ilg.org/new-public-service. 238
Board/Executive Staff Communications Strategies December 2015 | www.ca-ilg.org | 3 Staff Reports
Another form of communication between staff and elected officials (and others) are the staff reports the governing body receives in preparation for meetings. Good communication between the governing board and staff about the board’s needs and expectations is important. In general, the following are recognized as good practices.4
 Complete Information. Staff reports should contain all of the information necessary to make an informed decision. This includes options and alternatives when appropriate, as well as anticipating questions and concerns.
 Usability. Complete information is useful only if it is in useable form. Executive summaries, graphics, tables and decision-trees are ways to summarize complex information in an easier-tounderstand manner.  Plain Language. Acronyms, jargon and technical language should be avoided. Any term that is likely to be unfamiliar to the average resident should be either defined or avoided in favor of more easily understandable wording. Be succinct and prepare executive summaries for the members as often as possible.
 Analytic Framework. Agency staff should use a consistent framework for presenting policy analyses. Typical components include: problem definition, options and alternatives, evaluation of options, staff recommendation, implementation and evaluation.

Subjects of Communication
Board/executive communications should include not only what is happening or needs to happen, but how decision-making processes occur. This can be especially important on major or potentially contentious issues. The governing body may feel it needs additional time to evaluate the difficult issues presented or engage in additional public engagement processes to hear and consider public input. 239
Board/Executive Staff Communications Strategies December 2015 | www.ca-ilg.org | 4 More Resources
International City/County Management Association and National League of Cities, Working Together: A Guide for Elected and Appointed Officials (1999)
International City/County Management Association and National League of Cities, Leading Your Community:

A Guide for Local Elected Leaders (2008)
This resource reflects the insights and thoughts of a number of individuals, including: Kevin C. Duggan, West Coast Director, International City/County Management Association, Pete Kutras, Retired County Executive, Santa Clara, and Principal Consultant, Municipal Resource Group, LLC, Richard A. Haffey, County Executive Officer, Nevada County, and William Chiat, Director, CSAC Institute for Excellence in County Government.

References
1 Julia Novak and John Nalbandian, Preparing Councils for Their Work, PM Magazine (August 2009) available at http://webapps.icma.org/pm/9107/public/feature3.cfm?author=Julia%20Novak%20and%20John%20Nalbandian&title=Preparing%20 Councils%20for%20Their%20Work&subtitle
2 See Wolfe v. City of Fremont, 144 Cal. App. 4th 533 (2006); Cal. Gov’t Code § 54952.2(b):
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.

See also Open and Public IV: A User’s Guide to the Ralph M. Brown Act (2010) at 17 (noting that chief executive officer briefings can be a violation of the state’s open meeting laws when the process reveals information about governing body members’ respective views).
3 From Mike Conduff, Council Relations, PM Magazine (June 2012), available at http://webapps.icma.org/pm/9405/public/council.cfm?author=&title=Council%20Relations&subtitle 4 International City/County Management Association, Partnerships in Local Governance: Effective Council-Manager Relations (1989) at 42-45 (chapter by Kevin C. Duggan and Terry Ellis “Preparing Staff to Work with the Council”). 240
Dealing with Bumps in the Road December 2015 | www.ca-ilg.org | 1 At some point in the journey, the board/executive relationship may encounter difficulties. In fact, a consistently comfortable relationship could in itself be an indicator that one or both parties may be avoiding both testing ideas and possible conflict to the detriment of the agency and public they serve.

Strategies to Try1

1. Avoid Complacency. Strong relationships require ongoing investment of time. The environment, challenging situations, changes in players, unanticipated demands and day-to-day politics all place stress on board/executive relationships. Take time to step back and assess relationships on an ongoing basis. Be prepared to adjust approaches if necessary.

2. Communicate. Often, communication is the first place where relationships begin to suffer.

Something happens; human nature can be to avoid confrontation and uncomfortable discussions.

When communication barriers emerge, schedule time for a private face-to-face and earnest discussion with the individual in question. Acknowledge any elephants-in-the-room, share perspectives of what happened, and explore how to improve the relationship.

3. Address Issues Directly. Avoidance tends to make problems fester; rarely does avoidance cause problems to go away.

4. View the Relationship as a Partnership. Work together to address community needs without focusing on distinctions between policy and administration. Each party to the relationship should feel that their contributions are valued and respected.

5. Avoid Being a Barrier to Staff Contact with Electeds. Electeds may prefer to deal with staff directly; staff should keep the chief executive in the loop when significant issues come up in their conversations with members of the governing body.

6. Focus Credit and Attention on Elected Officials2. The center of positive attention at governing body meetings or at community meetings should be elected officials, not staff.

7. Try to See the Situation from Others’ Perspectives. Ask open-ended, non-judgmental and even-toned questions. Take a step back to assess what happened and is happening in the relationship. Ask clarifying questions to understand the perspective of the other person; share your own perspective in neutral terms. Examine the problem and not the individuals. Treat the situation as a learning opportunity to avoid future missteps.

Dealing with Bumps in
the Road
241
Dealing with Bumps in the Road December 2015 | www.ca-ilg.org | 2 Red Flags for Relationship Attention2
 Instinct. If your sense is something isn’t as
good as it might be, you may well be right.

Don’t hope it goes away.
 Information Flows Diminish. Sometimes
one party will feel the other isn’t keeping
them properly informed or they aren’t getting
the information they need to do their
respective jobs well. Other times, the issue
may be that people communicate less and
less frequently or information isn’t being
shared equally.
 Interpersonal Relations. Another warning
sign is when the chief executive or board
member stops being included in
conversations that he or she would ordinarily
be included in. Watch for any signs of
changes in the relationship changes (less
forthright/more evasive)
 Performance Reviews. Avoiding an annual
review (the board doesn’t want to give one
or the chief executive doesn’t want to
receive one) can be a sign of trouble.
 Badmouthing. This usually signifies
significant frustration levels.
 Focal Point is the Staff. Another potential
sign of trouble is when the chief executive or
other staff become the focus of media or
election attention.
 Dissatisfaction with Staff. Governing board
members are dissatisfied with key staff and
the chief executive is perceived as not
addressing the problem and/or being able to
get things done.
 Trust Diminishes. The governing board
regularly second guesses the executive’s
recommendations.

8. Delve Deeper. Listen for the meaning behind the
words. Try to identify the underlying issues,
which may have both a logical and an emotional
dimension. What are the values, beliefs and
anxieties that might be at stake? Sometimes the
issue is not more data and facts; it is about
connecting on a more personal level. Sometimes
people just want to be acknowledged and
understood.

9. Accept Responsibility. You have surely
contributed to the difficulties in a relationship,
intentionally or unintentionally. Accept
responsibility, apologize if necessary, discuss
how to avoid a repeat and move on.

10. DWYSYWD (“Do What You Say You Will Do”).

People may judge your commitment to a
board/executive relationship by what you do, not
what you say. If a relationship has been
damaged, the first thing people will look for is
evidence of commitment to rebuild the
relationship. Do what you said you will do. It will
be noticed. Start with simple steps (for example,
gather information, arrange a meeting, resolve a
problem, or create a follow-up plan). These can
be immediate and observable demonstrations of
your sincerity in wanting to address concerns.

11. Find a Confidant. Serving as an elected official
or a chief executive can be a solitary world.

Identify an objective sounding board to bounce
ideas off of and test assumptions and theories.

The best confidants are typically outside your
organization. They say what you need to hear,
not necessarily what you want to hear and can
help you navigate through difficult issues.

12. Take Care of Yourself. Maintaining a balance in
the demands of public service and personal life
is challenging. Make time to get away, to
decompress, to work off frustrations, to reflect,
and create space between public service and
your private life. Working through difficulties requires a certain mental and emotional stamina. In addition, people can overreact when they are tired and under stress. Even if it is only an hour at the gym or a long weekend, make time for yourself.
242
Dealing with Bumps in the Road December 2015 | www.ca-ilg.org | 3 About the Institute for Local Government
This tip sheet is a service of the Institute for Local Government (ILG) whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities.

ILG is the nonprofit 501(c)(3) research and education affiliate of the League of California Cities, the California State Association of Counties and the California Special Districts Association. © 2015 Institute for Local Government. All rights reserved.

References
1 Heifetz, Ronald A. and Marty Linsky, Leadership on the Line: Staying Alive through the Dangers of Leading, 2002, Harvard Business School Press, Boston.

2. International City/County Management Association and National League of Cities, Working Together: A Guide for Elected and Appointed Officials, 1999 at pages 63-71.
243
1 Leading public organizations and governing with colleagues on a council is a challenging art of community service. The Institute recognizes that many aspects of leadership and governance are not intuitive. This piece is intended to provide councilmembers and city managers insight into the attributes of exceptional councils as well as provide practical tips to help them become exceptional.

1. Exceptional councils develop a sense
of team – a partnership with the city
manager to govern and manage the city
The mayor, councilmembers and city manager see
themselves and work as a team as they undertake a
series of tasks to further their common purpose. The
individual team members work in a coordinated and
collaborative manner with a high degree of respect, trust and openness. The team values diversity in style and
perspective. The team thinks and acts strategically as it examines issues/situations and decides on a course of
action serving their city’s mission and goals.

KEY CHARACTERISTICS
 Successfully transition from candidate
to a member of the council.
 Become a champion of the city. Make
decisions based on the needs and
interests of the community at-large / the
greater good.
 Develop, communicate and support
policy goals and council decisions.
 Demonstrate a willingness to work
collaboratively (as a team) and have a
citywide perspective.

BEST PRACTICE TIPS
Build capacity to create a more effective team. The governance team (mayor, councilmembers and city manager) should get to know each other; how each person approaches issues, decision making style and so on. This can be accomplished at annual meetings or workshops through-out the year.

In the event that councilmembers disagree, clear ground rules (norms of behavior and practice) can help quell acrimony before it becomes a problem. It’s important to remember that trust is built around understanding and respect, not necessarily agreement.

Attributes of Exceptional Councils
244
Attributes of Exceptional Councils
2 2. Exceptional councils have clear
roles and responsibilities that are
understood and adhered.

Exceptional councils understand their role is to serve as policy maker - to represent the values, beliefs and priorities of their community while serving in the community’s best interest. They carry out a variety of responsibilities including:
developing and adopting a vision for the city; focusing and aligning plans, policies, agreements and budgets in furtherance of this vision; and holding themselves and
the city manager accountable for results.

Exceptional councils understand that the city manager
is responsible for the day-to-day operations of the city.

The city manager is responsible for undertaking and
accomplishing the policy objectives of the council.

Exceptional councils recognize the subject matter expertise of staff and utilize their knowledge and experience to
guide and inform decision making.

KEY CHARACTERISTICS
 Understand the role of local
government and their responsibilities.
 Know their role- to set vision and policy,
avoid micromanagement.
 Councilmembers should strive to be
informed about the issues facing the
city and be prepared to ask questions of
staff and each other.

BEST PRACTICE TIPS
Create a shared understanding of the city manager’s role and the council’s expectations to optimize the working relationships. This shared understanding is informed by local charter and ordinance provisions that provide the overall framework for the relationship. The council should make time to have conversations during retreats and or study sessions to define and/or reveal and refine their role and responsibilities. Since role clarity between the city council and city management is critical to mutual success, having clear protocols helps avoid misunderstandings. 245
Attributes of Exceptional Councils
3 3. Exceptional councils honor the
relationship with staff and each other
Exceptional councils understand that a good working
relationship with staff is vital for the city to be run successfully. Exceptional councils treat each other and staff with dignity and respect. They act with civility and a high level of professional decorum. Councilmembers
build trust by not playing the “gotcha game” and strive to have a no secrets, no surprises approach as an operating norm. Finally, they respect the diversity of styles and perspectives among their colleagues and staff and are
open to new ideas.

KEY CHARACTERISTICS
 Councilmembers have the ability to
respectfully disagree (to disagree
without being disagreeable).

They are able to leave it at the dais;
debates are about policy, not
personality.
 Exceptional councilmembers reflect
positive decorum/model of leadership
by providing respectful tone with
colleagues.
 Establish a set of behaviors ahead of
time, potentially documented in a code
of conduct, to help promote civility and
respect.

BEST PRACTICE TIPS
Set council priorities and strategic goals at an annual meeting; these goals and priorities are a tool to guide the city manager and staff on where to focus their efforts. This annual meeting provides time for the council to reflect on community priorities as well as offer an opportunity to discuss their decorum and their relationship among each other and the relationship between the city manager/staff and the council.

4. Exceptional councils routinely conduct
effective meetings
Open and public meetings are central to democratic
decision-making. Exceptional councils master the art
of effective meetings. They develop and adhere to meeting protocols and processes. They spend time planning and
organizing the agenda with the aim of having a more
focused meeting. They allocate the council’s time and
energy appropriately (focused on the council’s role and responsibilities) and meeting short- and long-term priorities.

They honor the public’s participation and engagement
and they generally start on time and are held during
reasonable hours.

Exceptional councils use public meetings not only for their intended purpose, information sharing and decision-making,

KEY CHARACTERISTICS
 Councilmembers are respectful of each
other, the public and everyone’s time.
 Councilmembers use engaging body
language as a way to demonstrate
respect.
 Issues are not personalized, thoughtful
dialogue is the objective.
 Agenda packets are read,
councilmembers come prepared and
have an open mind
 Respect is demonstrated for varied
opinions.
 Everyone strives to be civil and act with
decorum.
246
Attributes of Exceptional Councils
4 but they also use the meeting to demonstrate respect and civility for each other, staff and the public. Exceptional councilmembers prepare in advance of the meeting, remain focused on the city goals and objectives and mindful of their role and responsibilities.

BEST PRACTICE TIPS
Develop and adopt (with regular reviews and updates), guidelines for conducting meetings and making decisions. These governance protocols typically address meeting procedures (agenda preparation, how to put issues on the agenda, debate and voting procedures (parliamentary rules) and standards of decorum (civility)). As part of a regular self-assessment, councils should evaluate their meetings and their effectiveness and adjust behavior and practices for better results.

5. Exceptional councils hold themselves
and the city accountable
Exceptional councils operate openly, ethically and work to engage the community in a myriad of decisions impacting the prosperity and well-being of their community. Toward that end, exceptional councils consistently provide shortand long-term strategic direction and goals, as well as provide budget, program and policy oversight.

Exceptional councils hold themselves accountable for the conduct, behavior and effectiveness of the council. They establish clear priorities and goals and hold the city
manager accountable for results. And finally, they embrace accountability as a process and tool to calibrate ongoing efforts to address and meet policy and program objectives.

KEY CHARACTERISTICS
 Councilmembers operate ethically and
with integrity.
 Councils conduct team building / goal
setting exercise to track progress
towards mutually agreed upon goals
 Councils taking responsibility for the
results (good and bad).
 Councils celebrate success.
 Councilmembers hold themselves
responsible for adhering to operating
protocols and codes of conduct.

BEST PRACTICE TIPS
Annually evaluate council and city manager performance toward achieving the city’s priorities and goals (consider having this be part of an annual goal setting meeting). Council should consider assessing its own behavior and effectiveness as part of its annual self-assessment. 247
Attributes of Exceptional Councils
5 6. Exceptional councils have members
who practice continuous personal
learning and development
Governance is not intuitive. In addition, the policy and economic environment impacting cities are ever changing.

Exceptional councils continually provide the opportunity to build their knowledge and skills, to enhance their
understanding of key issues, increase their awareness
of best practices and sharpen their leadership and
governance skills.

KEY CHARACTERISTICS
 Stay informed on key issues
 Gain key insights and knowledge on all
aspects of governing, from budgets to
plans and everything in between.
 Learning to listen is sometimes more
important than learning to give a
speech.

BEST PRACTICE TIPS
Seek out national, state and local professional growth and educational opportunities. These opportunities can focus on the nuts and bolts of governing to helping you gain valuable information and/or insights on key policy issues facing your city. In addition, city run orientations for newly elected officials provide a good way to acclimate new members to the council’s norms and protocols as well as the budget and key policy issues.
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SEXUAL

HARASSMENT FACT SHEET
Sexual harassment is a form of discrimination
based on sex/gender (including pregnancy,
childbirth, or related medical conditions), gender
identity, gender expression, or sexual orientation.

Individuals of any gender can be the target of sexual
harassment. Unlawful sexual harassment does
not have to be motivated by sexual desire. Sexual
harassment may involve harassment of a person
of the same gender as the harasser, regardless of
either person’s sexual orientation or gender identity.

THERE ARE TWO TYPES

OF SEXUAL HARASSMENT

1. “Quid pro quo” (Latin for “this for that”) sexual
harassment is when someone conditions a job,
promotion, or other work benefit on your submission
to sexual advances or other conduct based on sex.

2. “Hostile work environment” sexual harassment
occurs when unwelcome comments or conduct
based on sex unreasonably interferes with your work
performance or creates an intimidating, hostile, or
offensive work environment. You may experience
sexual harassment even if the offensive conduct was
not aimed directly at you.

The harassment must be severe or pervasive to
be unlawful. A single act of harassment may be
sufficiently severe to be unlawful.

SEXUAL HARASSMENT INCLUDES MANY

FORMS OF OFFENSIVE BEHAVIORS
BEHAVIORS THAT MAY BE SEXUAL HARASSMENT:

1. Unwanted sexual advances

2. Offering employment benefits in exchange for
sexual favors

3. Leering; gestures; or displaying sexually
suggestive objects, pictures, cartoons, or posters

4. Derogatory comments, epithets, slurs, or jokes

5. Graphic comments, sexually degrading words, or
suggestive or obscene messages or invitations

6. Physical touching or assault, as well as impeding
or blocking movements
Actual or threatened retaliation for rejecting advances or complaining about harassment is also unlawful.

Employees or job applicants who believe that they have
been sexually harassed or retaliated against may file a complaint of discrimination with CRD within three years of the last act of harassment or retaliation.

CRD serves as a neutral fact-finder and attempts to
help the parties voluntarily resolve disputes. If CRD
finds sufficient evidence to establish that discrimination occurred and settlement efforts fail, the Department may file a civil complaint in state or federal court to address the causes of the discrimination and on behalf of the
complaining party. CRD may seek court orders changing
the employer’s policies and practices, punitive damages, and attorney’s fees and costs if it prevails in litigation.

Employees can also pursue the matter through a private
lawsuit in civil court after a complaint has been filed with CRD and a Right-to-Sue Notice has been issued.

EMPLOYER RESPONSIBILITY & LIABILITY
All employers, regardless of the number of employees, are covered by the harassment provisions of California law.

Employers are liable for harassment by their supervisors or agents. All harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassment or for aiding and abetting harassment.

The law requires employers to take reasonable steps
to prevent harassment. If an employer fails to take
such steps, that employer can be held liable for the
harassment. In addition, an employer may be liable
for the harassment by a non-employee (for example, a
client or customer) of an employee, applicant, or person providing services for the employer. An employer will
only be liable for this form of harassment if it knew or should have known of the harassment, and failed to take immediate and appropriate corrective action.

Employers have an affirmative duty to take reasonable
steps to prevent and promptly correct discriminatory and harassing conduct, and to create a workplace free of
harassment.

A program to eliminate sexual harassment from the
workplace is not only required by law, but it is the most practical way for an employer to avoid or limit liability if harassment occurs.
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SEXUAL HARASSMENT FACT SHEET

CIVIL REMEDIES
• Damages for emotional distress from each
employer or person in violation of the law
• Hiring or reinstatement
• Back pay or promotion
• Changes in the policies or practices of the
employer

ALL EMPLOYERS MUST TAKE THE FOLLOWING

ACTIONS TO PREVENT HARASSMENT AND
CORRECT IT WHEN IT OCCURS:

1.Distribute copies of this brochure or an alternative
writing that complies with Government Code 12950.

This pamphlet may be duplicated in any quantity.

2. Post a copy of the Department’s employment poster
entitled “California Law Prohibits Workplace Discrimination and Harassment.”

3. Develop a harassment, discrimination, and retaliation prevention policy in accordance with 2 CCR 11023. The
policy must:
• Be in writing.
• List all protected groups under the FEHA.
• Indicate that the law prohibits coworkers and third
parties, as well as supervisors and managers with
whom the employee comes into contact, from
engaging in prohibited harassment.
• Create a complaint process that ensures confidentiality to the extent possible; a timely response; an impartial and timely investigation by qualified personnel;
documentation and tracking for reason able progress;
appropriate options for remedial actions and
resolutions; and timely closures.
• Provide a complaint mechanism that does not
require an employee to complain directly to their
immediate supervisor. That complaint mechanism
must include, but is not limited to including: provisions for direct communication, either orally or in writing,
with a designated company representative; and/or a
complaint hotline; and/or access to an ombudsperson;
and/or identification of CRD and the United States
Equal Employment Opportunity Commission as
additional avenues for employees to lodge complaints.
• Instruct supervisors to report any complaints of
misconduct to a designated company representative,
such as a human resources manager, so that the
company can try to resolve the claim internally.

Employers with 50 or more employees are required to
include this as a topic in mandated sexual harassment
prevention training (see 2 CCR 11024).
• Indicate that when the employer receives allegations of misconduct, it will conduct a fair, timely, and thorough investigation that provides all parties appropriate due process and reaches reasonable conclusions based
on the evidence collected.
• Make clear that employees shall not be retaliated
against as a result of making a complaint or
participating in an investigation.

4.Distribute its harassment, discrimination, and
retaliation prevention policy by doing one or more of the following:
• Printing the policy and providing a copy to employees with an acknowledgement form for employees to sign
and return.
• Sending the policy via email with an acknowledgment
return form.
• Posting the current version of the policy on a company intranet with a tracking system to ensure all employees have read and acknowledged receipt of the policy.
• Discussing policies upon hire and/or during a new hire orientation session.
• Using any other method that ensures employees
received and understand the policy.

5. If the employer’s workforce at any facility or
establishment contains ten percent or more of persons
who speak a language other than English as their spoken language, that employer shall translate the harassment, discrimination, and retaliation policy into every language spoken by at least ten percent of the workforce.

6. In addition, employers who do business in California and employ 5 or more part-time or full-time employees
must provide at least one hour of training regarding
the prevention of sexual harassment, including
harassment based on gender identity, gender
expression, and sexual orientation, to each nonsupervisory employee; and two hours of such training to each supervisory employee. Training must
be provided within six months of assumption of
employment. Employees must be trained every two
years. Please see Gov. Code 12950.1 and 2 CCR
11024 for further information.

TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov/complaintprocess
Toll Free: 800.884.1684
TTY: 800.700.2320
250 CRD-185-ENG / September 2022
California Department of Industrial Relations
Division of Occupational Safety & Health
Publications Unit
S A F E T Y & H E A LT H | FACT SHEET
Workplace Violence Prevention in General Industry
(Non-Health Care Settings) – Information for Employers
According to the Occupational Safety and Health
Administration (OSHA), workplace violence
affects nearly 2 million American workers
annually. SB 553 addresses workplace violence
by requiring employers to implement basic
protections to protect employees while at work.

This fact sheet is an overview of the California
Senate Bill 553 (SB 553), which was signed into
law on September 30, 2023. SB 553 amended
Labor Code section 6401.7 to require employers
to develop and implement a workplace violence
prevention plan in accordance with newly
codified Labor Code section 6401.9, which sets
out the requirements for the plan. Starting July 1,
2024, the majority of employers in California
must establish, implement, and maintain a
Workplace Violence Prevention Plan that
includes:
• Prohibiting employee retaliation.
• Accepting and responding to reports of
workplace violence.
• Employee workplace violence training and
communication.
• Emergency response.
• Workplace violence hazard assessments.
• Other requirements, such as maintaining a
Violent Incident Log.

What must employers know?
All employers, employees, places of
employment, and employer-provided housing
must comply with the new Labor Code
requirements, except those listed in subsection
(b) of Labor Code 6401.9.

This fact sheet only provides an overview.

Employers should review the full requirements
of California Senate Bill 553 (SB 553), which
includes Labor Code section 6401.9.

Creating a workplace violence
prevention plan
Labor Code section 6401.9 outlines the elements
of a workplace violence prevention plan required
by section 6401.7:
• Every covered employer is required to
establish, implement, and maintain an
effective workplace violence prevention plan.
• The plan needs to include the following:
○ The names of persons responsible for its
implementation.
○ Effective procedures for employee
involvement in developing and
implementing the plan.
○ Methods to coordinate implementation
of the plan with other employers, when
applicable.
○ Procedures for employers to handle and
respond to reports of workplace violence,
while ensuring no retaliation against the
reporting employee.
○ Procedures to ensure compliance from
employees, including supervisors.
○ Procedures to communicate with
employees regarding workplace violence
matters.
(continued on next page)
251
○ Emergency response protocols.
○ Training provisions.
○ Procedures to identify and evaluate
workplace violence hazards that include
inspections with the following frequency:
▪ When the plan is first set up.
▪ Periodically scheduled.
▪ After violent incidents.
▪ Whenever a new hazard becomes
known.
○ Procedures to timely correct workplace
violence hazards identified and evaluated.
○ Procedures for post-incident response
and investigation.
○ Procedures that allow for plan review
▪ Annually.
▪ When a deficiency is observed or
becomes apparent.
▪ After a workplace violence incident.
○ Any other procedure necessary for
employee health and safety as required
by the Division and Standards Board.
• The plan must be in effect at all times and in
all work areas and be specific to the hazards
and corrective measures for each work area
and operation.
• The written plan may be incorporated as
a stand-alone section in the written injury
and illness prevention program required by
section 3203 of title 8 of the California Code
of Regulations or maintained as a separate
document.

Violent incident log
requirements
Employers must maintain a log of all incidents of
workplace violence even if the incident did not
result in injury. This log must include information
on every workplace violence incident, based on
employee statements, witness statements, and
investigation findings. Incident information must
include at least the following:
• Incident date, time, location.
• Workplace violence “Type” (1, 2, 3, and/or 4).
• Detailed description of the incident.
• Classification of who committed the violence.
• The circumstances at the time of the incident.
• Where the incident occurred.
• Specific incident characteristics, such as
physical attacks, weapon involvement,
threats, sexual assault, animal incidents, or
other events.
• What the consequences of the incident were,
including any involvement law enforcement.
• What steps were taken to protect employees
from further threat or hazards.
• Who completed the log, including their name,
job title, and the date completed.

Note: Employers must exclude personal
identifying information that would identify any
person involved in a violent incident.

Training employees on
workplace violence
• Employers must provide effective training
and ensure that training materials are easy
to understand and match the workers’
education, reading skills, and language.
• Employers must provide employees with an
initial training and annually thereafter.
• The training is required to cover various
aspects, including the following:
○ Familiarizing employees with the
plan, how to obtain a copy, and how
to participate in the development and
implementation of the employer’s plan.
(continued on next page) 252
This document is available with active links at www.dir.ca.gov/dosh/dosh_publications For assistance regarding this subject matter, employers may contact Cal/OSHA Consultation Services at 1-800-963-9424 or [email protected] www.dir.ca.gov/dosh/consultation.html
© 2024 California Department of Industrial Relations
○ Definitions and requirements of Labor
Code section 6401.9.
○ How to report workplace violence
incidents without fear of retaliation.
○ Understanding of job-specific violence
hazards and preventive measures.
○ Purpose of the violent incident log and
how to obtain related records.
○ Opportunities for interactive discussions
with someone knowledgeable about the
employer’s plan.
• When new or previously unidentified
workplace violence hazards are discovered,
or changes are made to the plan, the
employer must provide additional training
that focuses on the specific hazard or plan
modifications.

Employer responsibilities
with workplace violence
recordkeeping requirements
• The plan must be in writing and easily
accessible to employees, authorized
employee representatives, and Cal/OSHA
representatives.
• Records of workplace violence hazard
identification, evaluation, and correction must
be created and maintained for a minimum of
five years.
• Training records must be created and
maintained for a minimum of one year.
• Violent incident logs must be maintained for a
minimum of five years.
• Records of workplace violence incident
investigations under must be maintained for a
minimum of five years.

June 2024
Additional information and
resources
As required by title 8, section 342(a).

Reporting Work-Connected Fatalities and
Serious Injuries, Employers have a legal
responsibility to immediately report to
Cal/OSHA any serious injury or illness, or death
(including any due to workplace violence) of an
employee occurring in a place of employment or
in connection with any employment.

Additional regulations that may apply to
workplace violence and exposure can be found
in the following title 8 sections:
• Section 342 (Reporting Work-Connected
Fatalities and Serious Injuries).
○ For instructions on reporting, go to Report
a Work-Related Accident – Employers.
• Section 3203 (Injury and Illness Prevention).
• Section 14300 (Employer Records-Log 300).
○ For information on The Log of WorkRelated Injuries and Illnesses (Cal/OSHA Form 300), go to Brief Guide
to Recordkeeping Requirements.
253
BILL LOCKYER State of California
Attorney General DEPARTMENT OF JUSTICE
1300 I STREET, SUITE 125
P.O. BOX 944255
SACRAMENTO, CA 94244-2550
Ethics Training for Local Government Officials
Government Code section 53235 requires ethics training for specified local government officials.

The training can consist of self-study materials, an online course, or in-person training. The Attorney General’s Office anticipates that an online training course may be developed to satisfy core curriculum requirements, but additional local training would still be necessary to address purely local issues.

Persons wishing to create a local ethics training course must consult with the Attorney General and the Fair Political Practices Commission concerning the sufficiency and accuracy of course content. (Gov. Code, § 53235, subd. (c).) In response to this requirement for consultation with the Attorney General, the following outline has been prepared to provide uniform guidance from the Office of the Attorney General regarding appropriate course content. The outline also provides links to relevant educational materials regarding ethics. Due to the demand for ethics training, it is anticipated that the Office of the Attorney General will be unable to review and comment on individual course materials. This outline provides uniform guidance, but the course preparer must be familiar with applicable law and the publications issued by the Attorney General and the Fair Political Practices Commission.

Of course, review of this outline and/or the linked materials, or completion of an ethics course, is no substitute for competent legal advice in a given situation. You should seek the advice of counsel if you have a specific legal question.

Curriculum Accuracy
For in-person training, the ethics law portion of any course should be delivered by an attorney licensed to practice law in California and knowledgeable about California’s ethics laws. (For online and self-study training materials, the course should be prepared under the supervision of such an attorney.)
All course content should comply with the ethics laws contained in California’s Constitution, statutes and common law. In addition, the course content should be consistent with the publications issued by the Office of the Attorney General, including, but not necessarily limited to, publications on conflicts of interest, the Brown Act and the Public Records Act. (See the “Publications” link on the Attorney General’s web site.) Course content should also comply with the informational materials issued by the Fair Political Practices Commission, which are available at www.fppc.ca.gov
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