2009/05/05 City Council Agenda PacketCity of Rohnert Park* 130 Avram Avenue*Rohnert Park, California 94928
Phone: (707) 588-2225 * FAX: (707) 792-1876 * WEB: www.rpcity.or2
SPECIAL, JOINT MEETING
NOTICE AND AGENDA
NOTICE IS HEREBY GIVEN that a SPECIAL JOINT MEETING of the
ROHNERT PARK CITY COUNCIL, BICYCLE ADVISORY COMMITTEE,
CULTURAL ARTS COMMISSION, MOBILE HOME PARKS RENT APPEALS BOARD,
PARKS AND RECREATION COMMISSION, PLANNING COMMISSION,
SENIOR CITIZENS ADVISORY COMMISSION, AND
SISTER CITIES RELATIONS COMMITTEE
will be held on
Tuesday, May 5, 2009, at 5:30 p.m.
at Rohnert Park City Hall - Council Chamber
130 Avram Avenue, Rohnert Park, California
Said special joint meeting shall be for the purpose of the following:
5:30 — 6:30 p.m.
1. 'CALL TO ORDER AND ROLL CALL
2. PUBLIC COMMENTS: (Comments limited to the item identified on this special joint meeting
notice and agenda.)
3. PRESENTATION OF THE RALPH M. BROWN ACT
The purpose of the meeting is to receive information regarding California Government Code
sections 54950-54963 (known as the Ralph M. Brown Act), to be presented by Assistant City
Attorney Benjamin Winig. No action will be taken by the Council, Commissions, Boards or
Committees.
4. - ADJOURNMENT
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while
attending this City Council meeting, please contact the City Offices at (707) 588-2225 at least 24 hours prior to the meeting to ensure
arrangements for accommodation by the City. Please make sure the City Manager's office is notified as soon as possible if you have a
visual impairment requiring meeting materials to be produced in another format (Braille, audio -tape, etc.)
050509 SPECIAL AGENDA-RPCity Council
uhe Rai. ph M. - Brown Act:
An Overview
(Government Code Sections 54950 et seq.)
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A.ssistant.
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City of
Rohnert Park
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May 5, 2009
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McDonough Holland & Allen PC
MrflWlAttorneys At Law
We Didn't Come Here To...
• Comply with AB 1234
• AB 1234 requires (among other things) all local
agencies that provide compensation to, or
reimburse the expenses of, members of a
legislative body to provide ethics training to local
agency officials every two years
• "Legislative body" includes not only the
governing body of a local agency, but also a
commission, committee, board, or other body of
a local,agency, whether permanent or
temporary, decision-making or advisory
McDonough Holland & Allen PC
�l Attorneys At Law
THE BROWN ACT
• "The people of this State do not yield
their sovereignty to the agencies which
serve them. The people, in delegating
authority, do not give their public
servants the right to decide what is
good for the people to know and what
is not good for them to know. The
people insist on remaining informed so
that they may retain control over the
instruments they have created."
(GC § 54050)
• The purpose of the Brown Act is to
guarantee the public's right to attend
and participate in meetings of local
legislative bodies.
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1 Attorneys At Law
The Brown Act Applies to Meetings
of Covered Bodies
All meetings of bodies covered by the
Brown Act shall be open and public,
and all persons must be permitted to
attend any meeting, unless the
meeting qualifies for a limited
exception.
A meeting is:
• Any congregation of a majority of
the members of a legislative body
at the same time and location
(including teleconference location)
to hear, discuss, deliberate, or
take action on any item that is
within the subject matter
jurisdiction of the legislative body.
A&f+AMcDonough Holland & Allen PC
r' Attorneys At Law
The Brown Act covers legislative bodies of local
government, including:
• City Councils
® City and County Boards and Commissions
® Stand-ing Committees
Newly elected or appointed members of a covered body,
prior to being sworn into office
McDonough Holland & Allen PC
M,44A� Attorneys At Law
Who Is NOT Covered?
• Ad-hoc Advisory Committees
• Must be comprised solely of less than a quorum of
members of the legislative body and cannot be a
"standing committee" or have a schedule fixed by
charter, ordinance, or resolution
AAJ�� A McDonough Holland & Allen PC
,J Attorneys At Law
Types of Meetings
Regular Meetings
• The time and place of regular meetings are
established by formal action of the body
• Any item of business may be discussed at a regular
meeting so long as the item is on the agenda
Special / Emergency Meetings
• May only discuss the items listed on the agenda
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Mr J Attorneys At Law ,
Meeting Location'
• All meetings must be held within the jurisdiction, with limited
exceptions
• All meetings must be held in locations accessible to disabled
persons
• No meeting may be held in a facility that discriminates on the
bases of race, religion, color, national origin, sex, etc.
• No meeting may be held in a location where members of the
public cannot be present without making a payment or
purchase "
McDonough Holland & Allen PC
Mlr Attorneys At Law
Meeting Agenda Requirements
• Agenda must provide a brief description of
every item to be discussed
• Closed sessions must be listed on the agenda
• Agenda must include a time- for public
comment before or during the .consideration of
an agendized item
McDonough Holland & Allen PC
M&W Attorneys At Law
0
Public Comment
• Appropriate on any matter within
the subject matter jurisdiction of
the body.
• Must be permitted before or during
the body's consideration of an
agendized item
• Cannot prohibit public criticism of
the policies or acts of the body
• May adopt reasonable regulations
limiting the total amount of time
allocated for public testimony on
particular issues and for each
individual speaker
McDonough Holland & Allen PC
AA&WAttorneys At Law
.Notice Requirements:
Regular Meetings
® Agenda must be
posted 72
hours
prior to the meeting in
a
location
freely
accessible
to
the
public
® Agenda must specify the time and location of meeting
. Agenda must be mailed to any person requesting notice
• Agenda must be made available in alternative formats
to persons with disabilities
McDonough Holland & Allen PC
M&W Attorneys At Law
Special Meetings.
• Delivered to each member of the legislative body (unless
waived in writing) and to certain news outlets that have
requested such notice in writing
• Delivered personally or "by any other means" and
received at least 24 hours before the time of meeting
• Specify the time and Location of meeting and describe
business to 'be transacted
• No business other than that .described in the notice may
be considered
• Posted at.least 24 hours prior to the meeting in a
location freely accessible to the public
McDonough Holland & Allen PC
AA J Attorneys At Law
Emergency Meetings
• An emergency (work stoppage,
crippling or other activity that severely
impairs public health, safety, or both)
as determined by majority of body
• A dire emergency (crippling disaster,
mass destruction, terrorist act, or
threatened terrorist activity that poses
peril so immediate and significant that
requiring one-hour notice before
holding a meeting may endanger the
public health, safety, or both) as
determined by majority of body
• Provide notice to. news outlets one
hour before emergency meeting, or, in
the case dire emergency, at or near
the time that the presiding officer
notifies members of legislative body of
the emergency meeting
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AAAttorneys At Law
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• Closed sessions are not allowed except as expressly authorized by the Brown Act
• The most common permissible subjects for closed sessions include:
• Real estate negotiations
• Labor negotiations
• Public employee personnel matters
• Existing litigation
• Anticipated litigation
• Information received in closed session is confidential
• Prior to each closed session, the body must orally, announce the subject matter of the
closed session. If final action is taken in closed session, the body may need to report
the action at the conclusion of the closed session,
McDonough Holland & Allen PC
AA� . Attorneys At Law
E-mail and the Brown Act
Take caution
Do a.a
position o
commitment
McDonough Holland & Allen PC
AAAttorneys At Law
E-mail and the Brown Act
McDonough Holland & Allen PC
Aff,wAttorneys At Law
• Use of e-mail by a majority of
legislative body to discuss,
deliberate, or take action on.
items within the body's
jurisdiction violates the Brown
Act
• "Daisy Chain" e-mails. violate
the Brown Act
• "Hub and Spoke" e-mails
violate the Brown Act
E-mail Spreads Like Wildfire
While I have a -high degree of personal respect for
XXX as a law firm, and. I have made wonderful
friendships during my time here, I am no longer
comfortable working for a group largely populated by
gossips, backstabbers and Napoleonic personalities.
In fact, I dare .say that I would rather be dressed up
like a pin -ata and beaten than. remain with this group
any longer. I wish you continued success in your goals
to turn vibrant, productive, dedicated associates into
an aimless, shambling group of dry, lifeless husks.
McDonough Holland & Allen PC
Msc� Attorneys At Law
But It Was Only A Tweet!
• Tweet: Why am I here
wasting time talking about
Twitter?
• Facebook Status Update:
• Mayor X is... meeting with a
developer and can't wait to
approve her new project!
McDonough Holland & Allen PC
AA&WAttorneys At law
Violations of the Brown Act
"Secrecy is for losers."
-U.S. Senator Patrick Moynihan
• Criminal penalty: Each member of a
legislative body who attends a meeting
where action is taken in violation of the
Brown Act, and where the member
intends to deprive the public of
information to which the member
knows or has reason to know the
public is entitled under the Brown Act,
is guilty of a misdemeanor.
• Civil liability: Any interested person
may bring a legal action to enjoin a
violation of the Brown Act, or to void
an action taken by the legislation body
in violation of the Brown Act.
• Court may award attorney's fees
and costs to a successful plaintiff.
McDonough Holland & Allen PC
A*WAttorneys At Law
Ben Winig
Assistant City Attorney
City of Rohnert Park
McDonough Holland & Allen PC
1901 Harrison Street, Ninth Floor
Oakland, CA 94612
510.273.6730
abw nig@rnha/aw,c.om
McDonough Holland & Allen PC
A, Attorneys At Law