You may find city council meetings a little rigid, perhaps steeped in protocol and maybe a bit stifling. There is a reason for that, California law. Prior to 1953, California had numerous laws requiring local government to hold open, public meetings. This was not always the case. Concerned with the way local governments and agencies conducted their meetings, Mike Harris, a reporter for the San Francisco Chronicle began to investigate. His investigation resulted in a 10-part series on “Your Secret Government” that ran in May and June of 1952. The basis of the series had to do with the fact that local governments were holding secret meetings and caucuses “behind closed doors.”
Out of the series came a decision to push for a new state open meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted a bill which was introduced to the Legislature by Modesto Assemblyman Ralph M. Brown where it was passed and was signed into law in 1953 by Governor Earl Warren.
Since that time, the Ralph M. Brown Act (a California state law commonly known as the “Brown Act”) governs open meetings for what’s called “local governmental agencies.” Some of the agencies included are: city councils, boards of supervisors, special district (water and sanitation) boards, planning commissions and school boards.
To start with a meeting is considered any gathering of a majority of the members of a covered board to hear, discuss, or deliberate on matters within the agency’s or board’s jurisdiction. For Oakley’s city council that number is 3. All aspects of the decision making process by any of the aforementioned bodies must be conducted in public. Any meeting in which a quorum becomes involved in the information acquisition or deliberative process is prohibited unless the notice of the meeting and public access provisions of the open meetings laws are satisfied. Members of the city council and planning commission may attend public functions as long as a quorum number does not retreat to a corner to discuss business.
Next is the agenda. Agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to the public 72 hours prior to a regular meeting. For Oakley city council and planning commission meetings agendas are posted at City Offices 3231 Main Street, City of Oakley’s White House Community Annex. 204 Second Street and Freedom High School (City Bulletin Board outside of MPR) 1050 Neroly Road. It is also available online.
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. Under the Brown Act, the public is guaranteed the right to provide testimony at any regular meeting. However, regulations may be enacted that may limit the total amount of time of testimony on particular issues for each individual speaker.
Oakley city council and planning commission agendas provide an opportunity to speak for up to 3 minutes on agenda and non-agenda items. However, to be heard, a proposed speaker from the public is asked to fill out a speaker card prior to the start of the meeting. These cards are always available on a table as you enter. The Brown Act provides that a member of the public may not be required to sign in as a condition of attending a public meeting; however, it is appropriate to ask people to voluntarily provide information. Obtaining the speaker’s name is helpful in preparing the official meeting minutes, assisting the Mayor to conduct the meeting in an orderly manner, or responding to the individual if follow-up is requested. Speaker cards are used to identify which agenda item the person is speaking on. If there is more than one card for a specific item the cards are selected in no particular order.
At the start of each meeting, generally following the Pledge of Allegiance, the agenda includes an item labeled “Public Comments”. This item provides an opportunity for the public to present to the council issues that are not on the agenda. Under the Brown Act, with certain exceptions, the council may not take action or discuss any item that does not appear on the agenda. The first exception is if an emergency condition exits. However, this is limited to work stoppages or crippling disasters. The second exception is if, by a unanimous vote, the council determines that there is a need to take immediate action. There are also some limited exceptions to the no discussion rule. The council or staff may briefly respond to statements made or questions asked, they can ask for clarification, staff can be asked to report back at a subsequent meeting and the item may be asked to be placed on a future agenda. All comments must be brief.
An exception to the open meeting requirements is “Closed Sessions”. They are authorized for: 1) the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific public employee or potential employee and 2) in connection with litigation or the attorney-client privilege. The litigation must be named on the posted agenda or announced in open session unless doing so would jeopardize the council’s ability to service process on an unserved party or conclude existing settlement negotiations to its advantage. There are other exceptions that are described in the body of the Brown Act.
