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The Brown Act: Clear as Mud

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The Brown Act: Clear as Mud. Mark Lieu, Ohlone College. Jane de Leon, American River College ... A commitment to openness and access to information as opposed ... – PowerPoint PPT presentation

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Title: The Brown Act: Clear as Mud


1
The Brown Act Clear as Mud
Spring Plenary 2005
  • Mark Lieu, Ohlone College
  • Jane de Leon, American River College
  • Angela Echeverri, Los Angeles Mission College
  • Fola Odebunmi, Cypress College
  • Lesley Kawaguchi, Santa Monica College

2
The Key
  • A commitment to openness and access to
    information as opposed to mere compliance with
    the law

3
What does the Brown Act cover?
  • The Brown Act applies to the meetings of all
    legislative bodies (GC 54952) which includes
  • The Board of Trustees
  • Any subcommittee or task force created by the
    Board with a majority of Board members serving on
    the group
  • Any subcommittee or task force created by the
    Board which has a definite, ongoing charge
    (either decision-making or advisory) OR has a
    regular meeting schedule set by the Board,
    regardless of Board membership

4
What does the Brown Act cover?
  • A meeting of a legislative body (GC 54952.2)
    occurs whenever a majority of members gather to
    discuss business within their charge. A majority
    can meet in the following provided they do not
    discuss among themselves any business within
    their charge.
  • attendance at a conference
  • an open meeting of some other group to address
    local issues (even a Board-recognized group under
    the definition of "legislative bodies")
  • social gatherings

5
Agendas
  • Include time and place
  • Mail agenda one week before meeting
  • Post agenda 72 hours before meeting.
  • Special meetings require 24 hours notice and are
    limited to agenda items.
  • Senates do not call emergency meetings (which do
    not require 24 hour notice).
  • Allow for public comments before or during
    discussion of agenda items
  • Include all action items on the agenda, with a
    brief description.

6
Agendas
  • Use resolution format for action items.
  • Have a first reading at a meeting before action
    is taken at the subsequent meeting.

7
Meetings
  • All meetings are open closed session are for
    litigation (e.g. the senate is or will be sued),
    personnel matters (e.g. senate has the
    responsibility for evaluating a senate employee)
    or negotiating with a bargaining agent (the
    senate does not do this).
  • All votes are open no secret ballots.

8
Meetings
  • Action is limited to those items on the agenda.
  • Exception action may be taken on a non-agenda
    item, but this requires
  • that the need for immediate action was discovered
    after the agenda was posted, and
  • a vote of two-thirds of members present if more
    than two-thirds of the total membership are
    present, or a unanimous vote if less than
    two-thirds of the total membership are present.

9
Meetings
  • Members may respond to public comments but not
    take action (time limits may be used).
  • All items distributed by the Senate before or
    during meetings must be available to the public
    at the meeting (reasonable fees may be charged
    for duplication).
  • Exception items under Title 1 Sections 6253.5,
    6254, or 6254.7.

10
Meetings
  • Bring extra copies of documents.
  • If others bring items to distribute, offer to
    send copies later to those who request them in
    writing.
  • Be careful what you distribute at meetings-these
    are now public documents.
  • Set time limits for discussion, particularly for
    public comments.
  • Use the public comments section of the agenda for
    items not on the agenda.
  • Keep discussion within the scope of the agenda
    item.

11
Bagley-Keene
  • The Brown Act governs meeting access for local
    public bodies.
  • Bagley-Keene codifies many of the same conditions
    for access to public meetings for state agencies.
  • Senates are not covered under Bagley-Keene since
    they are not a state agency.

12
Scenario One
  • Your faculty senate has been struggling with the
    college presidents proposed reorganization plan
    for over six months. Discussions have become
    acrimonious. After six months of frustration, the
    faculty senate feels moved to take a vote of
    no-confidence on the president. Several faculty
    senators have not yet achieved tenure, and they
    are hesitant to express support for a vote of
    no-confidence in public, and they have requested
    that a secret ballot be used at the meeting where
    the vote will be taken.

13
Scenario One Discussion
  • Under the Brown Act, is it appropriate for the
    faculty senate to conduct the vote of
    no-confidence under a secret ballot?

14
Scenario Two
  • Faculty are greatly alarmed at student
    accusations against some faculty. This action
    occurs a day before a regularly-scheduled faculty
    senate meeting. At the meeting, several faculty
    insist that the senate must respond immediately
    to the accusations. Some faculty request a
    closed-door session of the senate to discuss a
    coordinated response to the situation. Other
    faculty request that the senate pass an emergency
    motion to show support for the targeted faculty.

15
Scenario Two Discussion
  • Two responses of the faculty senate have been
    requested a closed-door session for discussion
    and the passing of an emergency motion. Under the
    Brown Act, is it appropriate for the faculty
    senate to take either of these two actions?

16
Scenario Three
  • A faculty member accuses the faculty senates
    sabbatical leave committee of violation of the
    Brown Act, given that it is an advisory committee
    to the faculty senate, citing the law that
    advisory committees are also subject to
    provisions of the Brown Act. With this
    accusation, the faculty member wants the
    sabbatical review process restarted, with all
    deliberations of the committee open to the
    public.

17
Scenario Three Discussion
  • The court case with Long Beach City Colleges
    faculty senate resulted in the ruling that the
    senate is subject to the Brown Act. Does it
    follow, then, that all advisory committees to the
    faculty senate are subject to open-meeting laws
    as well?

18
Scenario Four
  • The faculty senate holds its meetings on Monday
    afternoons at 3p. Following the requirements of
    the Brown Act, agendas for the meetings are
    distributed by 3p on the preceding Friday.
    Background materials provided to senators is made
    available at the meeting itself and not included
    with the agenda.

19
Scenario Four Discussion
  • Does the 72-hour agenda posting requirement
    include weekends? Is the faculty senate required
    to provide all attachments with agendas?

20
Enforcement
  • Demand to cure or correct
  • Threat to sue
  • Lawsuit

A commitment to openness
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