1 / 19

The Bagley-Keene Open Meeting Act

CVFPB Meeting January 11, 2013. The Bagley-Keene Open Meeting Act. Nicole Rinke, Deputy Attorney General. Purpose of the Act?. Frustrate Board members Promote decision-making by consensus Promote efficiency Provide for public participation Answer: B and D. Basic Rule = Open Meetings.

sammy
Download Presentation

The Bagley-Keene Open Meeting Act

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CVFPB Meeting January 11, 2013 The Bagley-Keene Open Meeting Act Nicole Rinke, Deputy Attorney General

  2. Purpose of the Act? • Frustrate Board members • Promote decision-making by consensus • Promote efficiency • Provide for public participation Answer: B and D

  3. Basic Rule = Open Meetings Meetings must be open and noticed when a quorum of the board convenes to address issues within the boards jurisdiction Quorum = 4 or more members

  4. What constitutes a meeting? Developing a collective concurrence on items within Board’s jurisdiction • Meetings with deliberation and a vote • Informational meetings or briefings • Serial meetings

  5. Serial Meetings are not allowed Example 1 – • President Edgar calls Boardmember Countryman, who then calls Boardmember Ramirez, who then calls Board member Suarez to discuss an item on the upcoming agenda. • Allowed? • No

  6. Serial Meetings are not allowed Example 2 – • President Edgar acts as a hub of the wheel, communicating individually with Boardmembers Countryman, Ramirez, and Suarez • Allowed? • No Example 3 – • What if Jay acts as the hub? • Not allowed

  7. Serial Meetings are not allowed Example 4 – • Boardmember Edgar talks with Boardmember Countryman. Boardmember Ramirez talks with Boardmember Suarez. • Allowed? • Yes.

  8. What does not constitute a meeting? • Social gatherings • Conferences that are open to the public and involve matters of general concern • Open and publicized meetings organized by an individual or organization to discuss topics of state concern • Open and noticed meetings of another state body or local agency • Open and noticed meetings of advisory committee, provided that non-committee board members attend only as observers

  9. Committees Open meeting requirements apply to: • Advisory Committee of three or more members • Delegated Committee of two or more members • Impromptu Committee of three or more members

  10. Committees Example #1 • Can Boardmember Villines attend a meeting of the Legislative Committee as an observer? • maybe. • Legislative Committee is not a committee for purposes of the Act – its meetings are not open! • But attendance of a third member as an observer would not necessarily transform the group into a committee for purposes of the act. • Consult your attorney!

  11. Committees Example #2 • President Edgar directs Boardmembers McDonald, Suarez, and Dolan to attend a site visit regarding a project that will eventually come before the Board. Can all three attend? • No - not unless the site visit is open to the public.

  12. Committees Example #3 • President Edgar directs BoardmembersMacdonald, Suarez, and Dolan to attend a site visit associated with a conference DWR is hosting for other state flood control agencies to discuss flood control management generally. Can all three attend? • Yes.

  13. Requirements for Open Meetings • Post agenda 10 days prior • Unless exception applies (e.g. emergencies) • Provide for public participation • Provide access to public records

  14. Closed Sessions • Personnel matters • Pending litigation • Real estate transactions • Threat of criminal activity or terrorism

  15. Closed Session – Pending Litigation “Litigation” • adjudicatory proceeding that is held in either a judicial or an administrative forum “Pending” • Board is a party to existing litigation • Board has substantial exposure to litigation • Board is considering whether to initiate litigation

  16. Closed Session – Procedures • Agendized and noticed • Reconvene in public after closed session • Keep minutes • Only allow those directly involved because of their official duties to attend

  17. Penalties for Violations Within 90 days any interested person can file suit seeking to: • overturn the Board’s decision • Enjoin the Board’s decision • Recover attorney’s fees and • Assess criminal penalties • Requires intent to deprive the public of information to which he or she know, or has reason to know, the public is entitled to receive

  18. Summary • Open meetings required when: • 4 or more members • Advisory Committee of three or more members • Delegated Committee of two or more members • Impromptu Committee of three or more members Meet to discuss issues within board’s jurisdiction • Exceptions for: • Social functions • Other open , publicly noticed meetings • Closed sessions

  19. Summary - Continued • Violations can have serious consequences – consult your attorney with any questionable situations Questions?

More Related