I. THE BROWN ACT

II. COUNTY ORDINANCESPresented by the

Office of the Los Angeles County Counsel 2013

Barbara GoulPrincipal Deputy County Counsel

LaTayvius AlbertyDeputy County Counsel

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Part I THE BROWN ACT

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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.

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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.

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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.)

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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.

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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.

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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.

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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

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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.

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Required Agenda Content

Adequate description of agenda items- generally 20 words or less is sufficient.

Public access to agenda materials.

Disability-related modification or accommodation.

Public comment.

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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.

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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/

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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.

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Reminder!

Make sure to allow public comment before taking action on an agenda item.

No action shall be taken by secret ballot.

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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.)

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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.

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Meeting in Closed Session

Meeting in closed session is allowed only for specific matters as expressly authorized by statute.

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Major Closed Session Topics

Personnel matter Anticipated or pending litigation, or initiation of

litigation Labor negotiations Real property negotiations Public security threat

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Agenda Requirements

Each closed session item must be adequately described on the agenda.

Tip: Use the “safe harbor” language.

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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).

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Who May Not Attend

Persons without an official role in the meeting shall not attend.

No “semi-closed” meetings allowed!

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Caution!

Discussions and actions in closed session must not go beyond the limited scope of the noticed closed session.

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What Happens Next?

At the conclusion of the closed session, the body must reconvene in open session.

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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.“

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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.

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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.

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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.

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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 IIOrdinances

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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.

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How an Ordinance Becomes Law 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:”

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Adoption- First and Second Readings Ordinances require 2 votes (readings) of the

Board, often referred to as:

introduction (first reading) and

adoption (second reading).

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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.

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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.

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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.

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Effective Date

Most ordinances become effective 30 days from the date of final passage.

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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.

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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.

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Effective Date- Another Exception An ordinance changing the salary of

members of the Board of Supervisors becomes effective 60 days after its adoption.

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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.

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Signature and Attestation

Every ordinance must be:

signed by the chair of the Board, and

attested by the clerk

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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.

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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.

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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;

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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.

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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.

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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