PowerPoint Presentation

Best PracticesCommissioners and Board MembersImportance of your CommissionCommissioners are the link between you and the communityThey bring community values to the tableThey can be a pain in the #@%! but who is at fault?Why they succeed or failWhat can they do for you?Successful CommissionsThey understand their role in an organizationThey act responsiblyThey act as oneChairperson is effectiveThey communicate with elected officialsThey serve the community and not themselvesThey respect staff and advise, not dictateThey do their homeworkThey are consistent and effectiveWhat makes an effective Commission?Good Commission management means.Properly prepared materials for good decisionsMeeting with Chairperson to develop agenda and brief on tough agenda itemsInformation sent in advance of meetingProperly managed meeting-no grand standingUse Roberts Rules of Order or some other toolTake a voteup or down is better than no voteCrowd managementBe a leader and share your opinionKnow what fight to win but dont lose the war5Statement of Economic Interests: Form 700Purpose: To inform the public about your potential conflicts of interestAll agencies must adopt Conflict of Interest CodeDesignated staff and all board members must file annually, assuming and leaving officeDisclose personal financial interests5Regulation 18734 now provides, effective 01 01 10, that an individual hired for a position not yet covered by the agencys conflict of interest code that makes or participates in making decisions must file under the broadest disclosure categories under the code until the code is amended to include the new position. 6Statement of Economic Interests: Form 700May alert official to personal interests which might be affectedGenerally relate only to financial interest in the districts sphere of influenceIncludes interest in large, statewide or nationwide firmsFiled in county where district is locatedStatement due in April of each year $10/day fine if late

6The Ralph M. Brown ActEnacted in 1951 in response to stories of backroom dealings published by SF Chronicle

Found in Government Code Section 54956 et seq.

Ralph Brown was Speaker of the Assembly (1959-61)Intent of the Brown ActPublic agencies in this state exist to aid in the conduct of the people's businessIt is the intent of the law that their actions be taken openly and that their deliberations be conducted openly

(Govt Code 54950)

88Intent of the Brown Act (cont.)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, .

(Govt Code 54953)

99Definition of Meeting(Government Code Section 54952.2(a))Any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains.

Applies to committees

Includes serial meetings

1010Meeting includes deliberative gatherings, as well as gatherings where an action is taken or a decision is reached.MeetingsThree types of open meetingsRegularSpecialEmergency11

11Brown Act rules apply to study sessions.

Either the rules applicable to regular or special meetings, as appropriate, would apply.

Meetings (cont.)Regular Meeting: Scheduled at a set place and time as set by ordinance or resolution. Requires 72 hours notice and posting of agenda.Special Meeting: Occasional and called as needed. Typically for workshops, single topics or to allow time for focused discussion. Requires 24 hours notice and posting of agenda.Emergency Meeting: Prompt action required due to activity/disaster that severely impairs public health or safety. Telephonic notice to media outlets.1212Study sessions and workshops are usually called as special meetings.

Emergency meetings are rare; they usually involve immediate threat to public health or safety.

Meetings (cont.)Brown Act applies to: Collective briefings of a majority of the legislative bodyRetreats or workshops conducted by the legislative bodyInformal gatherings where business of the agency is discussedAdvisory committees created by formal action of the legislative bodySerial MeetingsStanding committees which have either: (i) continuing subject matter jurisdiction*, or (ii) a meeting fixed by ordinance, resolution or formal action

*Subject matter jurisdiction means authorization to act1313The Brown Act does apply to:Briefings of a majority of the Board.Retreats.Informal gatherings where agency business is discussed among a majority of the Board.Advisory committees which are standing committees formed by formal Board action Executive Comm., personnel comm., budget comm.

Meetings (cont.)Brown Act also applies to:Video teleconferencingAudio teleconferencingNotice of remote locationAllow public access, ADA accessibleQuorum within agency areaRemote site for a member permitted outside the jurisdiction of agency

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14Audio teleconferencing requires notice of remote location on the BOD agenda and an agenda at the remote location, which must allow public access.

A quorum must be within the agency jurisdiction.

Meetings (cont.)What is not a meeting under the Brown Act?Meeting of less than a quorumIndividual contactsConferencesCommunity meetingsSocial or ceremonial eventsAd hoc advisory committeesMeetings with agency staff (as long as there is no consensus building)1515Individual contacts between the GM and you.

CSDA and MVCAC conferences.

Ad Hoc committees committees for a special purpose and of limited duration.

Agenda RequirementsIdentify time and location of meetingBrief description of each item of business20 words or lessMust inform reasonable person of matters to be discussed and/or action to be takenMatters not on the agenda cannot be discussedExceptionsemergency items, brief response to public commentWhats Important? Stay on the Agenda!1616Closed SessionsMay only be held for purposes identified in the Brown Act and purposes are narrowly construedAnticipated/pending litigationReal property negotiationsLabor negotiations17

17The most common closed sessions are: Conference with legal counsel.Real property.Personnel. Conference with labor negotiator.Pubic Employee Appointment, Evaluation.

Closed Sessions (cont.)Public EmploymentAppointment, Employment, Performance EvaluationDiscipline, Dismissal, ReleaseThreat to Security of Public Buildings or Public SericesLicense applications by persons with crirminal records18

18Closed Session AgendaBrown Act provides safe harbor wording for closed sessionsClosed Session agenda description should be approved by agency counselReport out of closed session when requiredOnly Board and necessary staff to attendConfidential information from Closed Session cannot be disclosed without Board authorization1919Agenda language for closed sessions is specifically outlined in the Brown Act and should be substantially followed.

The post-closed session reporting requirements are also specified and should be followed carefully so that the agencys minutes are complete.

The slide states that closed session minutes should be maintained. This is a matter of debate.

Violation of Brown ActCan be a misdemeanorRequires deliberate violationVoiding transactionRequires a demand to correct within 90 days of actionBoard then has 30 days to cureCivil actionPrevailing plaintiff entitled to award of attorneys fees & costsMedia reports lots of Apparent Violations20

20Legal attacks on Brown Act grounds usually required notice from the potential plaintiff, with the opportunity for the agency to correct violations.

Violations of the Brown Act can also constitute a crime, for depriving the public of information the individual knew or should have known the public was entitled to.

Public Records Act Enacted in 1968 Codified at Government Code Sections 6250-6276.40Generally provides that all government documents are public records and subject to disclosureNumerous Exemptions From Disclosure

2121Overview and Purpose The California Public Records Act declares that access to information concerning the conduct of the peoples business is a fundamental and necessary right of every person in this State, that public records are open to inspection at all times during regular office hours, and are subject to inspection and copying by every person except as provided in the ActThe Public Records Act is to be broadly construed if it furthers the public's right of access, and narrowly construed if it limits the right of access 2222Records Subject To The Public Records Act A public record is any writing containing information relating to the conduct of the publics business prepared, owned, used or retained by an agency regardless of the physical form or characteristics

A writing includes any handwriting, typewriting, printing, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols, and any record thereby created regardless of the manner in which it has been stored2323Records Subject to The Public Records Act Computer and electronic records: Upon request, records must be provided in the electronic format in which the agency holds the information. The requester must bear the cost of providing the copyBoard Member Personal Electronic Devices: Evolving area. Court decisions have gone both waysrequired disclosure v. not a public record. SJ case on appeal.2424Exemptions From Disclosure The Public Records Act contains numerous specific exemptions and a catch-all exemptionPersonnel records relating to personnel, medical or similar files that would constitute an unwarranted invasion of personal privacy. Note: Employment contracts, however, are public recordsConfidential legal advice and correspondence provided to the DistrictPreliminary drafts, notes, or interagency or intra-agency memoranda that are not retained in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure 2525Exemptions From Disclosure Records pertaining to pending litigation or claims against the agency, until the litigation or claim has been finally resolvedGenerally, the name, credit history, utility usage data, home address, and telephone number of the utility customers of local agenciesRecords regarding a board members deliberative process where the public interest in maintaining the privilege outweighs the public interest in disclosure of the informationCatch-all exemption where the public interest served by not disclosing the record clearly outweighs the public interest served by disclosing the record 2626General Ethics PrinciplesAB 1234 requires coverage of general ethics principlesAttorney General and FPPC have indicated that this discussion should include the manner in which values such as trustworthiness, respect, fairness and responsibility promote public trust in government, and should explain the importance of avoiding even the appearance of impropriety2727FPPC and AG require discussion of how these subjects promote public trust in government.

Ethics v. Ethics Laws Ethics laws merely set minimum standards for conductEthics goes beyond legal requirementsIt is about doing what we ought to do, rather than whats required Complying with ethics laws does not ensure that you are meeting your own standards and valuesOr those of your constituents

2828Doing what we ought to do rather than what is required.Ethics goes beyond the law.Doing the Right Thing / ValuesInstitute for Local Government Publication: Doing the Right Thing: Putting Ethics Principles into Practice in Public Service (www.ca-ilg.org.)Public strongly supports public officials following their own sense of doing the right thing.Suggests focusing on the values:Trustworthiness, respect, fairness, and responsibility2929TrustworthinessService to your communityTruthfulness to your colleagues, staff and the publicNot using position for personal gainKeeping promises3030Assures the public that decisions are consistent with doing the right thing.RespectDebating courteouslyAvoiding personal attacksListeningPreparationInclusion of others and the public in decision-making process3131Preparation for decision making.Making oneself available to the public.

FairnessBasing decisions on the merits and factsFollowing proceduresKeeping an open mindBeing consistentBeing impartialOpenness in decision making3232Gives the public the sense all are being treated fairly.Instills public trust.

ResponsibilityStewardship of agency resourcesAdmitting mistakesTaking unpopular positions when values requireRepresenting the agencys position even when you personally disagree with itSafeguarding confidential information3333Representing the agencys position even when you personally disagree with it.Safeguarding confidential information.Demonstrates to the public that the communitys needs are placed above those of ones self and individual constituencies.

Common Law Bias ProhibitionsA public officer must exercise the powers conferred on him or her with disinterested skill, zeal and diligence, and primarily for the benefit of the publicNo pre-determined, unchangeable positions for or against a particular party or individual3434Common law bias issues often arise where there is no technical conflict under Government Code Section 1090 or the Political Reform Act, but where there is an appearance of conflict which may suggest the public official is not disinterested. Generally, such conflicts are found only when there is an identifiable financial interest that is affected; however, any potential common law conflict of interest issue should be discussed with your agencys attorney.

Common Law BiasDecision makers with a personal stake in the matter are disqualifiedDecision makers who merely have preexisting views on public policy are not disqualified3535Common law bias issues often arise where there is no technical conflict under Government Code Section 1090 or the Political Reform Act, but where there is an appearance of conflict which may suggest the public official is not disinterested. Generally, such conflicts are found only when there is an identifiable financial interest that is affected; however, any potential common law conflict of interest issue should be discussed with your agencys attorney.