MONTECITO PLANNING COMMISSION & BOARD OF ARCHITECTURAL REVIEW. Brown Act. July 2018

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1 MONTECITO PLANNING COMMISSION & BOARD OF ARCHITECTURAL REVIEW Brown Act July 2018

2 Laws Governing Public Office Brown Act Political Reform Act Incompatible Offices Government Code 1090 Common Law Doctrine of Bias Constitutional Due Process Requirements

3 California s Open Meetings Law

4 Brown Act: Basic Rule All meetings of a legislative body of a local agency shall be open and public. Exceptions are few & narrowly construed. Gov. Code 54953

5 Legislative Body 1) Governing body of the local agency 2) Any commission, committee, or board created by a formal act of the local agency, including: Permanent and temporary, Decision-making and advisory, Legislative and adjudicatory 3) Private organization, if: Organization receives funds from the agency; and Legislative body appointed voting board Gov. Code 61044

6 Committees Advisory Committee Comprised only of less then a quorum of the legislative body Does not meet on a fixed schedule set by the legislative body Does not have continuing subject matter jurisdiction Limited duration Not subject to the Brown Act Standing Committee Continuing subject matter jurisdiction; or Fixed schedule set by the legislative body Subject to the Brown Act

7 Meeting When a majority of the Commissioners/Board Members; Are present at the same time and place; To hear, discuss, deliberate, or take action ; On any item within the subject-matter jurisdiction of the Commission/Board. Gov. Code (a)

8 Avoid Serial Meetings A majority of the members of a legislative l body shall not, outside ameeting 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. (Gov. Code (b).) Individual communications can become invalid serial meetings in two ways: 1. CHAIN: Member A contacts Member B, and Member B contacts Member C. 2. INTERMEDIARY: An intermediary contacts a majority of members sharing information between members.

9 Not a Meeting Individual contacts between a Commissioner and any other person that do not violate the serial communication prohibitions. Additional consideration Ex Parte Disclosures Gov. Code (c)(1)

10 Ex Parte Disclosures At the beginning of a quasi-judicial hearing Commissioners must disclose: Evidence received outside of the hearing; Site visits to the subject property; Familiarity with the subject property. Written evidence received outside of the hearing shall be filed with the Recording Secretary who will distribute to the other Commissioners.

11 Not a Meeting Attendance by a majority of members at: 1) An open and publicized conference 2) An open and publicized community forum 3) An open and publicized meeting of another legislative body 4) A purely social or ceremonial occasion IF...

12 Not a Meeting... the members DO NOT discuss business that is within the subject-matter jurisdiction of their legislative body. How about that polo match? Additional consideration: Due Process- enter quasi- judicial hearings as neutral decision-makers Gov. Code

13 Meetings Regular- agenda posted at least 72 hours in advance Special- agenda posted 24 hours in advance Emergency very limited Emergency- very limited, telephone notice to media 1 hour in advance

14 Teleconferencing May meet by teleconference, through h audio / video, IF: 1. All votes taken by roll call 2. Each location identified in agenda & agenda posted at each location 3. Public rights protected at each location 4. At least a quorum of members participate from within County Gov. Code 54953

15 Agenda Each item must be briefly described (generally less than 20 words) Posted within the timeframes required for regular and special meetings Publically accessible location If have a website on the website Limited to discussing the items on the agenda, unless item qualifies as a non-agenda item Gov. Code (a)(1)

16 Non-Agenda Items The Commission/Board may: Briefly respond to public comment; Ask a question for clarification; Make a brief report on own activities; Provide reference for factual information; Request that staff report back, or that item be placed, on future agenda. Gov. Code (a)(3)

17 Closed Session Limited and include: 1) Personnel Matters 2) Real Estate Negotiations 3) Litigation existing, pending, threatened 4) Labor Negotiations 5) Security of Public Buildings Gov. Code

18 Rights of the Public Right to address the body on each item of business on the agenda and any other matter of public interest. May adopt reasonable regulations including limiting the total time per issue and per speaker. If public commenter uses a translator must double the time to allow for translation. Gov. Code

19 Rights of the Public Right to attend meetings without registering name or providing other information Right to record proceedings with camera, audio or visual recorder, unless persistently disruptive

20 Rights of the Public Right to criticize policies, procedures, programs, or services, as well as employees and officers acting within the scope of their official capacity Right to inspect/obtain agendas and non-exempt writings made available to majority of members

21 Accessibility Basic rule: Meetings must be accessible per Americans with Disabilities Act (ADA) - reasonable accommodations Agendas must be made available in appropriate alternative formats upon request No meetings at location that is inaccessible to disabled persons Gov. Code , , 54961

22 Remedies Civil Action Opportunity to cure Enjoin future violation or invalidate past violation Attorneys fees and costs recoverable Criminal Charges Misdemeanor Require intent t to deprive the public of finformation Gov. Code

23 General Recommendations If attend an event that does not qualify as a meeting : Must comply with Brown Act requirements. (Gov. Code ) Avoid any impropriety and the appearance of impropriety. Sit with less then a quorum of your fellow Commissioners; Limit discussions to topics outside the Commission s jurisdiction; If a quorum of the Commission is present, avoid making public statements that can be heard by the other Commissioners. Be aware of potential bias claims: Any statement by a Commissioner could result in recusal from considering a future item if the statement demonstrates bias in favor of or against a project. Any statements should be made as an individual and not on behalf of the Montecito Planning Commission/Board of Architectural Review. Disclose attendance at future hearings, as required by ex parte disclosures.

24 Summary o All meetings of a legislative body of a local agency shall be open and public o Brown Act is liberally read to promote open public access o Presumption is in favor of public access o Exceptions are few & narrowly construed

25 Resources League of Cal. Cities (2016) Documents/Resources-Section/Open- Government/Open-Public-2016.aspx Attorney General (2003): gov/publications/2003 pdf (Note there have been a few significant updates to the Brown Act since 2003) Cal. Legislature Government Code et seq.

26 THANK YOU