INTRODUCTION TO THE BROWN ACT May 1, 2015

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2 INTRODUCTION TO THE BROWN ACT May 1, 2015 The Rule 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. Gov. Code, If a given entity fits within any definition of a legislative body, then it is subject to the various requirements of the Brown Act. 1 Legislative Bodies The governing board of a school or community college district, ROP or JPA, etc. Gov. Code, 54952(a) Commissions, committees, boards, or other subsidiary bodies of a local agency, whether permanent or temporary, decision-making or advisory, created by resolution or some other formal action of a legislative body. Gov. Code, 54952(b) Community College Auxiliary Organizations are subject to the Brown Act. (Ed. Code, ) Academic Senates and other shared governance structures. 2 Not Legislative Bodies Ad Hoc Advisory committees composed solely of the members of the legislative body which are less than a quorum of the legislative body. Gov. Code 54952(b) Except: Standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by resolution or other formal action of a legislative body, are legislative bodies for purposes of the Brown Act Atkinson, Andelson, Loya, Ruud & Romo 1

3 INTRODUCTION TO THE BROWN ACT May 1, 2015 Members Member of a legislative body includes: any person elected to serve as a member of a legislative body who has not yet assumed the duties of office. Such persons must conform their conduct to the requirements of the Act as if they had already assumed office. Gov. Code, A legislative body may require that each member and/or any person who has been elected to serve, but has not yet assumed office, be given a copy of the Act. 4 What is a Meeting Meeting means 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 action on any item that is within the subject matter jurisdiction of the legislative body. Gov. Code, (a) Deliberate includes the collective acquisition and exchange of facts preliminary to an ultimate decision. 5 What is a Serial Meeting? A series of communications, each of which involves less than a quorum of the legislative body, but which taken as a whole involves a majority of the body s members. Any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited. Gov. Code, (b) Atkinson, Andelson, Loya, Ruud & Romo 2

4 The Total Cost of Ownership (TCO) is the total of all costs generated over the useful lifespan of the facility (30-50 yrs.) The goal of TCO is to determine a value that will reflect the true cost of the facility, including: planning and constructing equipping the facility operating cost over the useful life

5 Utilize a systematic approach for the evaluation of college facilities: Maintain a database compatible with State reporting requirements (fusion Space inventory) Updated annually Utilizes TCO to integrate facilities & IT into the college wide planning process

6 Lack of Resources Increased Operational Costs Lack of Preventative Maintenance Reactive Maintenance Deferred Maintenance

7 Equipment ,000 S.F. (estimated) Equipment ,000 S.F. 8,400 Int. Light Fixtures 15,000 Int. Light Fixtures 1,680 Exterior Light Fixtures 3,000 Ext. Light Fixtures 950 doors 1,741 doors 5 Boilers 18 Boilers 84 Furnaces 150 Furnaces 1120 Filters 2,000 Filters 11 Elevators 18 Elevators 220 Exhaust/Supply Fans 400 Exhaust/Supply Fans 213 Restroom Fixtures 552 Restroom Fixtures

8 BUILDING SQUARE FOOTAGE YR. BUILT 100 ENROLLMENT SERVICES THEATER MUSIC SOCIAL SCIENCE FORUM BUS SOC SCIENCE MATH ENGIN TECH COLLEGE CENTER GYMNASIUM BUILDING TRADES COMPUTER LAB EARLY CHILD NURSING NURSING OFFICE PUBLIC SERVICES MAINT & OPS GROUNDS SHOP VEHICLE/CUSTODIAL ,270