Imposed RestraintsIMPOSED RESTRAINTS
Certain limitations have been placed upon the powers of both the City Council and
its appointed commissions by both statutory and case law. In certain instances, application
of these restraints may be crucial in the governmental process. In instances of doubt, the
City Attorney’s opinion should be sought.
A. CONFLICT OF INTEREST
As specified in state law, it is illegal for a commission member to have an interest
in any contract, sale, purchase, finding or transaction in which the member is involved in
an official capacity. Conflict of interest may disqualify the commission member and
invalidate any commission action where such conflict exists. Any interest, whether
personal, private, general or sentimental that would tempt a commissioner to act in any
manner other than the best public interest should be examined and official action
accordingly restricted. An interest that is common to all similarly situated persons is not
disqualifying to an action.
B. PUBLIC RECORDS LAWS
The Government Code of the State of California provides that all official records
of the city are open to inspection to any interested citizen at reasonable times. Exceptions
to this law are only those records specified in the act, records relative to legal action in
which the city is a party, and records the disclosure of which would not be in the public
interest. All commission minutes and supporting documents are public records and must
be disclosed.
C. SECRECY - THE BROWN ACT
The Ralph M. Brown Act is law which provides that no city commission shall hold
any meeting at which action is taken other than at a duly called and regularly held meeting,
notice of which is provided by either resolution or ordinance or by adjournment of a prior
meeting. A “Meeting” takes place whenever a quorum is present and official business is
considered. An agenda for each meeting must be posted at least 72 hours in advance.
Commissioners are permitted to socialize in a non-meeting setting but must refrain from
discussing any commission business.
Care should be taken to make sure that if a quorum of a commission is gathered at
a public or private place, no public business is discussed and that the gathering will not be
interpreted as a meeting. Care should also be taken with regard to emails. Never select
“Reply All” to an email to all commissioners or forward an email sent to you by one
commissioner to another commissioner since that would constitute a quorum.
D. DISCRIMINATION AND EQUAL PROTECTION
All rules, regulations, laws, services and facilities must apply equally to all persons,
and not give favor to any segment of the community. Similarly, all laws and ordinances
of the city must afford equal protection to all facets of the community, unless the purpose
of a city action requires special classification of the community.
E. DUE PROCESS
All governmental procedures and process must allow an affected party a right to be
heard, and to present controverting fact or testimony on the question of right in the matter
involved. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may
invalidate actions.
F. REASONABLENESS
Every action of municipal government must be reasonable, or otherwise stated, not
capricious, extreme, arbitrary, or abusive.
G. USE OF PUBLIC PROPERTY
Public property, equipment and facilities may not be used for private or personal
purposes. Facilities, equipment and supplies are provided by the city but are limited to use
in official functions only.
H. CONFLICT OF INTEREST CODE: DISCLOSURE REQUIREMENTS
Individuals serving on the Audit Committee, Bicycle Pedestrian Commission, Fine
Arts Commission, Housing Commission, Library Commission, Parks and Recreation
Commission, Planning Commission, Public Safety Commission, Sustainability
Commission and Technology, Information, and Communications Commission must file a
Statement of Economic Interest with the City Clerk to disclose personal interests in
investments, real property and income. This is done within 30 days of appointment date
and annually thereafter. The Conflict of Interest Code has been established and adopted
by the City Council pursuant to the California Fair Political Practices Act (Government
Code Section 87300 et seq.). Copies of the code are available from the City Clerk.
I. QUASI-JUDICIAL PROCEEDINGS
Quasi-judicial decisions, such as whether to grant or revoke a use permit, affect
an individual’s right or entitlement and are made in proceedings involving a specific
applicant or party. In contrast, quasi-legislative actions apply generally to everyone or a
class of people, such as when a commission advises the Council on an ordinance or
regulation. At quasi-judicial proceedings, commissioners must disclose any ex parte
communications with applicants, developers, prospective contractors, or other persons
that have occurred outside of the public meeting process. Quasi-judicial hearings must
also conform with specific due process requirements. Consult your liaison for more
information.