CC 3-5-19 Item #3 City Attorney Presentation on Laws Governing Open Meetings and Conflicts1
Presentation on Laws Governing Open
Meetings and Conflicts of Interest
City Attorney Heather M. Minner
It is the People’s Business
●The people of the State do not
yield their sovereignty to the
agencies which serve them.
●The people insist on remaining
informed so that they may retain
control over the instruments they
have created.
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The Heart of the Brown Act
All meetings of the legislative body
shall be open and public, and all
persons shall be permitted to attend
any meetings, except as otherwise
provided in this chapter.
What is a meeting?
Any gathering of a majority of
members to hear, discuss, deliberate,
or take action on any item within the
subject matter of the governing
body.
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Impermissible Serial Meetings
A majority of members shall not use a
series of communications, directly or
through intermediaries, to discuss or
take action on any item of business.
Impermissible Serial Meetings
●Daisy Chain
●Hub and spoke
●Individual briefings OK, so long as
not developing a collective
concurrence.
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Meetings Not Subject To the Brown Act
●Contacts with individuals
●Conferences
●Community meetings
●Other legislative bodies
●Social or ceremonial events
Open and Public Meetings
●Agenda with brief description of
each item 72 hours in advance.
●No action or discussion on non-
agenda items. Except:
●brief response, request for
information, placing item on future
agenda, brief announcements.
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Closed Session Meetings
Narrow, specific authority in the Brown
Act. Permitted for:
●Existing or anticipated litigation
●Real estate negotiations
●Employment/evaluation of personnel
●Labor negotiations
Closed Session Meetings
Required to protect 3rd party
confidential information:
●Criminal records of Applicants.
●Confidential settlement offers.
●Sensitive personnel information.
●Security briefings.
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Ethics and Conflicts of Interest
●Universal ethical values to strive for.
●Political Reform Act: conflicts based
on economic interests.
●Courts: conflicts based on personal
interests or bias.
●Contract City Attorney advises on
compliance, reviews allegations.
Political Reform Act
●Enforced by the FPPC
●Public servants shall not make or
participate in making a
governmental decision if they
have reason to know that they
have a financial interest in the
decision.
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Disqualifying Financial Interests
●If it is reasonably foreseeable that the
decision will have a material financial
effect on financial interests.
●Business, home, real estate, source of
gifts or income, personal finances.
●Exception for general public impacts.
●When in doubt, ask.
Presentation on Laws Governing Open
Meetings and Conflicts of Interest
City Attorney Heather M. Minner
CC 3/5/19 Item #3