The Brown Act: Ensuring Openness and Transparency in Local Governance

1. The Brown Act 1

2. The Brown Act • The Guiding Principle 2

3. The Brown Act • Commitment to openness, transparency and public access to information (not mere compliance with the law) 3

4. The Brown Act • Commitment to openness, transparency and public access to information (not mere compliance with the law) • Guarantees the public's right to attend and participate in meetings of local legislative bodies 4

5. What does the Brown Act cover? 5

6. What does the Brown Act cover? • The Brown Act applies to meetings of all legislative bodies (GC 54952). 6

7. What does the Brown Act cover? • The Brown Act applies to meetings of all legislative bodies (GC 54952). • Any subcommittee or task force created by the legislative body with a majority of members serving on the group 7

8. What does the Brown Act cover? • The Brown Act applies to meetings of all legislative bodies (GC 54952). • Any subcommittee or task force created by the legislative body with a majority of members serving on the group • Any subcommittee or task force created by the legislative body which has defined, ongoing charge (either decision-making or advisory) OR has a regular meeting schedule set by the legislative body, regardless of membership 8

9. Meetings and serial Meetings 9

10. Meetings and serial Meetings • A meeting of a legislative body (GC 54952.2) occurs whenever a majority of members gather to discuss business with their charge. 10

11. Meetings and serial Meetings • A meeting of a legislative body (GC 54952.2) occurs whenever a majority of members gather to discuss business with their charge. • A majority can meet at the following provided they do not discuss any business within their charge among themselves: 11

12. Meetings and serial Meetings • A meeting of a legislative body (GC 54952.2) occurs whenever a majority of members gather to discuss business with their charge. • A majority can meet at the following provided they do not discuss any business within their charge among themselves: • Attendance at a conference 12

13. Meetings and serial Meetings • A meeting of a legislative body (GC 54952.2) occurs whenever a majority of members gather to discuss business with their charge. • A majority can meet at the following provided they do not discuss any business within their charge among themselves: • Attendance at a conference • An open meeting of some other group to address local issues 13

14. Meetings and serial Meetings • A meeting of a legislative body (GC 54952.2) occurs whenever a majority of members gather to discuss business with their charge. • A majority can meet at the following provided they do not discuss any business within their charge among themselves: • Attendance at a conference • An open meeting of some other group to address local issues • Social gatherings 14

15. Brown Act applies to? 15

16. Brown Act applies to? • Board of Trustees 16

17. Brown Act applies to? • Board of Trustees • Academic Senate 17

18. Brown Act applies to? • Board of Trustees • Academic Senate • Any committee that reports to the BOT or AS 18

19. Brown Act Covers? 19

20. Brown Act Covers? • Agendas 20

21. Brown Act Covers? • Agendas • Include time and place 21

22. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting 22

23. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting • Post agenda 72 hours before meeting 23

24. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting • Post agenda 72 hours before meeting • Special meetings require 24 hour notice and are limited to agenda items 24

25. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting • Post agenda 72 hours before meeting • Special meetings require 24 hour notice and are limited to agenda items • Post agenda outside of room meeting occurs 25

26. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting • Post agenda 72 hours before meeting • Special meetings require 24 hour notice and are limited to agenda items • Post agenda outside of room meeting occurs • Allow for public comments before or during discussion of agenda items 26

27. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting • Post agenda 72 hours before meeting • Special meetings require 24 hour notice and are limited to agenda items • Post agenda outside of room meeting occurs • Allow for public comments before or during discussion of agenda items • Include all action items on the agenda, with a brief description 27

28. Brown Act Covers? • Agendas • Include time and place • Mail agenda one week before meeting • Post agenda 72 hours before meeting • Special meetings require 24 hour notice and are limited to agenda items • Post agenda outside of room meeting occurs • Allow for public comments before or during discussion of agenda items • Include all action items on the agenda, with a brief description • Notice outside of room for members calling in 28

29. Key Points to Remember about Meetings 29

30. Key Points to Remember about Meetings All meetings are open 30

31. Key Points to Remember about Meetings All meetings are open Closed sessions are for litigation (e.g., senate is or will be sued), personnel matters (e.g. evaluation of a senate employee), or negotiating with a bargaining agent (which senate does not do) 31

32. Key Points to Remember about Meetings All meetings are open Closed sessions are for litigation (e.g., senate is or will be sued), personnel matters (e.g. evaluation of a senate employee), or negotiating with a bargaining agent (which senate does not do) All votes are open; no secret ballots 32

33. Additional Requirements 33

34. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) 34

35. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) • Be careful of what you distribute at meetings – they are now public documents 35

36. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) • Be careful of what you distribute at meetings – they are now public documents • Set time limits for discussion, especially public comments 36

37. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) • Be careful of what you distribute at meetings – they are now public documents • Set time limits for discussion, especially public comments • Use public comments section of the agenda for items not on the agenda 37

38. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) • Be careful of what you distribute at meetings – they are now public documents • Set time limits for discussion, especially public comments • Use public comments section of the agenda for items not on the agenda • Keep discussion within the scope of the agenda item 38

39. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) • Be careful of what you distribute at meetings – they are now public documents • Set time limits for discussion, especially public comments • Use public comments section of the agenda for items not on the agenda • Keep discussion within the scope of the agenda item • Bring extra copies of documents 39

40. Additional Requirements • All items distributed before or during meetings must be available to the public at the meeting (reasonable fees may be charged for duplication) • Be careful of what you distribute at meetings – they are now public documents • Set time limits for discussion, especially public comments • Use public comments section of the agenda for items not on the agenda • Keep discussion within the scope of the agenda item • Bring extra copies of documents • If others bring items to distribute, offer to send copies later to those requesting them in writing 40

41. Robert’s Rules of Order 41

42. Robert’s Rules of Order • A handbook for running meetings effectively and efficiently, based on the procedures used in the British parliament 42

43. Robert’s Rules of Order • A handbook for running meetings effectively and efficiently, based on the procedures used in the British parliament • Help facilitate debate and the flow of meetings 43

44. Robert’s Rules of Order • A handbook for running meetings effectively and efficiently, based on the procedures used in the British parliament • Help facilitate debate and the flow of meetings • Rules regarding motions and taking action 44

45. Motions 45

46. Motions The maker of the motion asks for recognition by the Chair 46

47. Motions The maker of the motion asks for recognition by the Chair After the individual is recognized, he or she will say “I move that we ...” 47

48. Motions The maker of the motion asks for recognition by the Chair After the individual is recognized, he or she will say “I move that we ...” The Chair will ask if there is a second. Another member of the group must second the motion in order for it to be discussed. A second is made by saying “I second the motion.” The Chair then restates the motion “it has been moved and seconded that ...” and opens the floor to discussion. 48

49. Motions The Chair will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. 49

50. Motions The Chair will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. At the end of the discussion period, the Chair will “call for the question” and put the question to vote through a consensus or roll call vote. A majority vote is needed for the motion to pass. 50