Transcript The Brown Act

I. THE BROWN ACT
II. COUNTY ORDINANCES
Presented by the
Office of the Los Angeles County Counsel 2013
Barbara Goul
Principal Deputy County Counsel
LaTayvius Alberty
Deputy County Counsel
Part I
THE BROWN ACT
2
Brown Act Bodies

Local legislative bodies, such as the Board of
Supervisors, city councils, school boards, etc.

Bodies created by formal action of a local
legislative body, such as commissions,
committees, task forces, etc.
3
Brown Act Meeting

Any gathering of a majority of the members of
the legislative body to:
- hear
- discuss, and/or
- deliberate
on any item of business that is within the
subject matter jurisdiction of the body.
4
Exceptions




Conferences and similar gatherings which are open
to the public.
Open and public meetings held by another person
or organization.
Open and noticed meetings of another legislative
body.
Purely social or ceremonial occasions.
(Provided that a majority does not discuss County business among themselves.)
5
Discussing Business Outside a Meeting is
Generally Prohibited

Majority may not discuss or transact business
(personally or through staff or technology)
outside of a properly noticed meeting.

“Polling” of members by another member
(personally or through staff or technology) is
strictly prohibited.
6
Discussing Business Outside a
Meeting- Limited Exceptions

Communications for the sole purpose of
scheduling a special meeting.

Discussions must be strictly limited to
scheduling issues.

Must not discuss the merits of what is to
be taken up at the meeting.
7
Quorum

A quorum is the minimum number of
members who must be present at the
meeting for business to be legally transacted.

Generally, a quorum is a majority of the
members of the body.

Statute or bylaws may specify a higher (but
not a lower) number.
8
Agenda Posting/Notice



Regular Meeting- at least 72 hours
Special Meeting- at least 24 hours
Emergency Meeting- 1 hour telephonic notice
to media required; with dire emergency,
notice to media may be contemporaneous
with the meeting
9
Agenda Posting/Notice (cont’d)

Physical posting at a location fully accessible
to the public is required.

Internet web posting is also required for BOS.
10
Required Agenda Content

Adequate description of agenda itemsgenerally 20 words or less is sufficient.

Public access to agenda materials.

Disability-related modification or
accommodation.

Public comment.
11
Public Access to Agenda Materials

Public entitled to copies of agenda
packet/documents associated with the agenda
items.

“Back-up” documents associated with an agenda
item that are distributed to all or a majority of the
body must be made available to the public upon
request without delay unless confidential.

Public can make standing request for agenda
materials.
12
Sample Agenda Language

Supporting documentation is available at the
Executive Office of the Board located at the
Kenneth Hahn Hall of Administration,
500 West Temple Street, Room 383,
Los Angeles, California 90012, and may also
be accessible on the Board of Supervisors’
website at http://bos.co.la.ca.us/
13
Sample Agenda Language

Assistive listening devices, agenda in Braille and/or alternate
formats are available upon request. American Sign Language
(ASL) interpreters, other auxiliary aids and services, or
reasonable modifications to Board meeting policies and/or
procedures, such as to assist members of the disability
community who would like to request a disability-related
accommodation in addressing the Board, are available if
requested at least three business days prior to the Board
meeting. Later requests will be accommodated to the extent
feasible. Please telephone the Executive Office of the Board at
(213) 974-1426 (voice) or (213) 974-1707 (TTY), from 8:00 a.m.
to 5:00 p.m., Monday through Friday.
14
More Meeting Requirements

Cannot be held in a place that discriminates.

Cannot be held in a place that charges a fee
or requires a purchase.

Must be held in a place that complies with the
protections and prohibitions of the Americans
with Disabilities Act.
15
Adding an Item to the Agenda

After the agenda is posted, an item may be
added only if one of the following occurs:



1. Emergency
2. Newly arising item requiring immediate action
3. Continued item
16
Teleconference Meetings

Teleconference meetings must be conducted
in accordance with the procedures set forth in
Government Code §54953(b).

All other teleconference meetings are
prohibited.
17
Teleconference Meeting

A teleconference meeting is where one or
more of the members of the body attend the
meeting from a remote location via electronic
means, connected by audio or video or both.
18
Conducting a Teleconference Meeting

At least a quorum of members must
participate from locations within County.

An agenda must be posted at each location.

The address of each location must be listed
in the notice and agenda.
19
Conducting a Teleconference Meeting
(cont’d)

Each location must be fully accessible to the public.

Each location must be ADA-compliant.

The public’s right to testify at each location must be
ensured.

All votes taken must be conducted by roll call.
20
Conditions to Attendance Prohibited

Cannot require a person to sign in, register
his/her name, provide other information, etc.,
as a condition of attendance.

Any such document must clearly state that
signing, registering, or completing the
document is voluntary, and that the person
may attend the meeting regardless if they
sign in.
21
Public’s Right to Record Meetings

Members of the public are allowed to record
and/or film meetings.

Any tape or film made by the legislative body
is a public record and must be made
available for inspection and must be retained
30 days.
22
Public’s Right to Comment

On each agenda item before or during the
body’s consideration of the item.
and

On any issue within the body’s subject matter
jurisdiction (“open mike” part of agenda).
23
Public’s Right to Comment (cont’d)

Fair and reasonable rules may be adopted to
assist the body in processing comments from
the public.



Regulating time and manner, such as reasonable
time limits, is OK.
Regulating content is not OK.
Chair may clear room in the event of public
disruption and proceed with the press
present.
24
Reminder!

Make sure to allow public comment before
taking action on an agenda item.

No action shall be taken by secret ballot.
25
Minutes/Statement of Proceedings

Clerk of Board must keep and enter into
minute book full and complete record of BOS
proceedings at all regular and special
meetings.

The vote of each member on every agenda
item shall be recorded in the minutes.
(Note: Minutes required by Gov Code § 25101.)
26
Minutes/Statement of Proceedings
(cont’d)

Minutes of BOS must be signed by clerk and
Chair.

Must be kept in clerk’s custody and available
for public inspection.

Must be kept indefinitely.
27
Meeting in Closed Session

Meeting in closed session is allowed only for
specific matters as expressly authorized by
statute.
28
Major Closed Session Topics





Personnel matter
Anticipated or pending litigation, or initiation of
litigation
Labor negotiations
Real property negotiations
Public security threat
29
Agenda Requirements

Each closed session item must be
adequately described on the agenda.

Tip: Use the “safe harbor” language.
30
Announcement

Prior to meeting in closed session, the body
shall announce in the open meeting the
closed session agenda item(s) to be
discussed in the closed session.

During the closed session, only those items
that were covered in the announcement may
be considered.
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Who May Attend

Only the members of the legislative body,
plus any additional necessary support staff
shall attend the closed session (e.g., attorney
required to provide legal advice; supervisor or
witnesses may be required in connection with
disciplinary proceeding; labor negotiator
required for consultation).
32
Who May Not Attend

Persons without an official role in the meeting
shall not attend.

No “semi-closed” meetings allowed!
33
Caution!

Discussions and actions in closed session
must not go beyond the limited scope of the
noticed closed session.
34
What Happens Next?

At the conclusion of the closed session, the
body must reconvene in open session.
35
Report Out

Publicly announce any reportable action
taken in closed session and the vote or
abstention of every member present.

If no reportable action was taken, the
announcement as to that item shall be "no
reportable action taken.“
36
Tip:

It is a good idea to keep a record of the time
the body convenes into closed session, the
time the body reconvenes into open session
and “reports out” any action taken, and the
time the body adjourns.
37
Confidentiality

Except for the report out requirements, the
confidentiality of closed session matters must
be preserved.

A violation can result in a lawsuit to enforce
confidentiality, disciplinary action against an
employee, and/or referring the matter to the
grand jury.
38
Closed Session Minutes

Except for the report out requirements, BOS
may, but is not required (unless ordered by
court) to, take minutes of items discussed in
closed session.

Minute book available only to members of
BOS.

Minute book not open for public inspection.
39
Penalties & Remedies

Criminal Penalties


Knowing violations are a misdemeanor
Civil Remedies




Any interested person may bring a lawsuit
Body has chance to cure and correct
Certain illegal actions may be voided
Costs and attorney fees awarded
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Part II
Ordinances
41
What is an Ordinance?

An ordinance is a law enacted by the Board.

Once passed, an ordinance can only be
amended or repealed by another ordinance.

Violation is usually a misdemeanor.
42
How an Ordinance Becomes Law



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Enabling Clause- Required
Adoption- First and Second Readings
Effective Date and Operative Date
Signature and Attestation
Entry of Votes and Ordinance Book
Publications
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Enabling Clause- Required

“The Board of Supervisors of the County of
______________ ordains as follows:”
44
Adoption- First and Second Readings

Ordinances require 2 votes (readings) of the
Board, often referred to as:

introduction (first reading) and

adoption (second reading).
45
First Reading (Introduction)

An ordinance is introduced by its title by motion of
one of the Board members.

The clerk then is required to read the entire
ordinance.

By majority vote of the Board, the reading of the
entire ordinance may be waived. Caution: Some
statutes specifically require notice and a public
hearing that cannot be waived.
46
Sample Language

INTRODUCE, WAIVE READING, AND
PLACE ON AGENDA FOR ADOPTION an
ordinance amending Title 2 of the Los
Angeles County Code establishing penalties
for noncompliance with general relief
employment requirements.
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Second Reading (Adoption)

An ordinance cannot be adopted within 5
days of its introduction, i.e. the second vote
(reading) must not occur within 5 days of the
first vote (reading).

An ordinance can only be adopted at a
regular meeting or at an adjourned regular
meeting.
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Second Reading (Adoption)

If an ordinance is altered after it is introduced, it may
be passed only at a regular meeting or at an
adjourned regular meeting held at least 5 days after
the date of alteration.

Note: Corrections of typographical or clerical errors
are not considered alterations.
49
Sample Language

WAIVE READING AND ADOPT an ordinance
amending Title 2 of the Los Angeles County
Code establishing penalties for
noncompliance with general relief
employment requirements.
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Exception: Urgency Ordinance

An urgency ordinance may be passed on the
same day it is introduced, i.e. only one vote
(reading) is required.

An urgency ordinance may be adopted at
either a regular meeting or at a special
meeting.

Four-fifths vote is required.
51
Effective Date

Most ordinances become effective 30 days
from the date of final passage.
52
Effective Date- Exceptions
The following ordinances take effect immediately:



Those calling or otherwise relating to an election.
Those specifically required by law to take effect
immediately.
Those for the immediate preservation of public
peace, health, or safety, which shall contain a
declaration of the facts constituting the urgency,
and shall be passed by a four-fifths vote of the
Board.
53
Effective Date- Exceptions (cont’d)

Those fixing the amount of money to be raised by
taxation, or the rate of taxes to be levied.

Those specifically relating to the adoption or
implementation of an MOU with an employee
organization.

Those relating to salaries and other compensation
of officers, other than elected officers and
employees.
54
Effective Date- Another Exception

An ordinance changing the salary of
members of the Board of Supervisors
becomes effective 60 days after its adoption.
55
Operative Date

Sometimes it is desired that the ordinance
actually become operative on a different date.

If so, the operative date should be specified
in the ordinance.
56
Signature and Attestation

Every ordinance must be:

signed by the chair of the Board, and

attested by the clerk
57
Entry of Votes and Ordinance Book

After passage, the votes of the Board
members must be entered on the minutes.

All ordinances must be entered at length in
the ordinance book.
58
Publications

The entire ordinance, with the names and
votes of the Board members, must be
published within15 days after its passage.

Publication must be in a newspaper
published in the County.
59
Publications (cont’d)

In lieu of publishing the entire ordinance, a
summary may be published:


The summary must be published at least 5 days
prior to adoption;
A certified copy of the full text of the proposed
ordinance or proposed amendment must be
posted in the clerk’s office at least 5 days prior to
the Board meeting;
60
Publications (cont’d)

The summary, with the names and votes of the
Board members, must be published within 15
days after its passage; and

The clerk must post a certified copy of the full text
of the ordinance with the names and votes of the
Board members.
61
Publications (cont’d)

If the clerk fails to publish the ordinance
within 15 days after the date of adoption, the
ordinance will not take effect until 30 days
after the date of publication.
62
Resources

California Attorney General http://ag.ca.gov

League of California Cities www.cacities.org

Open and Public IV, A User’s Guide to the Ralph
M. Brown Act
63