HomeMy WebLinkAboutCC AG PKT 2009-10-26 #AAGEN®A STAFF REPORT
DATE: co.,+o.Y,t,e. ~Q~ 7nn~ ~~e~er-~2~ October 26, 2009
TO: Honorable Mayor and City Council
FROM: David Carmany. City Manager
SUBJECT: REVIEW ®F COUNC9L RULES OF PROCE®URE ,
SUMMARY OF REQUEST:
Mayor Shanks has requested the City Council review the Council Rules of
Procedure that set forth the order of business during City Council meetings
(Attachment A). Staff has prepared a Council Policy for City Council review.
~AC~CGROIiV®:
On October 27, 2003, the Seal Beach City Council adopted Resolution No. 5179
(copy attached) that included a section that outlined the agenda order of
business. Mayor Shanks has requested this matter be placed on the agenda to
consider revising the policy and order of business.
~ISCA~. 9MPACT
There is no fiscal impact.
REC®MMEN®ATI®N:
Discuss and take appropriate action.
Attachments:
A) Resolution No. 5919 establishing Council Rules of Conduct -Policy 100-03
B) Resolution No. 5179 -Council Policy 100-03 -October 27, 2003
C) Redline version
D) Government Code Section 54950-54963 (known as the Ralph M. Brown Act) -Penal
Code Section 403 -Seal Beach City Charter Section 406
Agenda Item /~
Attach rnent A
Resolution Number 5919
Council Policy 100-03 -Council Rules of Conduct
RESOLUTION NUMBER 5919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA ESTABLISHING COUNCIL RULES OF
PROCEDURE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby adopts the policy attached hereto as
Attachment A. Attachment A is hereby incorporated by this reference.
Section 2. The City Council hereby repeals Resolution Number 5179. ,
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
regular meeting held on the 26th day of October .2009 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5919 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 26th day of October , 2009.
City Clerk
Revised 10/15/09
CSTY ®F SEAL BEACH
Council Policy
SUBJECT
COUNCIL RULES OF CONDUCT
SECTION INDEX NO. ISSUANCE: REVISIQN COUNCIL CITY
Res #5919 DATE APPROVAL MANAGER
100 03 Res #5179 Res #4792 approval
10/26/09 10/27/03 3/13/2000 N/A
1. SCOPE
The successful operation of a municipality requires that standards be established
to define the roles, responsibilities and expectations of the governing board and
staff in the operation of the organization. These standards will promote
communication, understanding and trust among members of the City Council, the
public and City staff concerning their roles, responsibilities and expectations, and
public participation in the process.
2. PURPOSE AND INTENT
This policy establishes rules of decorum for Council/staff interaction and
procedure for orderly conduct of City Council meetings, special meetings, and
study sessions. Due to the informal nature of workshops, study sessions and
joint meetings, the presiding officer may deviate from these rules, provided all
deviations comply with the Brown Act.
The establishment and periodic review of these City Council rules will help
protect free speech and civil discourse and facilitate the orderly, efficient conduct
of productive, issue-based City Council meetings.
3. MEETING POLICY
These rules are designed to comply with the City Charter and applicable state
law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of
the City Council and Redevelopment Agency. Unless otherwise stated,
reference to the City Council shall also include the Redevelopment Agency.
When these rules refer to the Mayor and Council Members, the term shall also
include Chair and Members of the Redevelopment Agency. Any act that the
Mayor is authorized to perform may be performed by the Mayor Pro Tem in the
Mayor's absence, or by the Vice Chair of the Redevelopment Agency in the
Chair's absence.
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City Council Meetings shall be conducted according to Article IV of the City
Charter, provisions of the Government Code that pertain to holding meetings in
public (Section 54950 - 54963; the Brown Act), and Robert's Rules of Order,
Newly Revised, if the Charter, the Brown Act or these Rules do not address a
subject.
4. ORDER OF AGENDA
A. Matters shall be heard in the order printed on the City Council
agenda. However, with Council approval, if several community members are
present to speak on that specific agenda item or if the Council otherwise
determines that it is in the public interest to change the order of the agenda. The
Council may hear agenda items out of their prescribed order on the printed
agenda. The appropriate time to rearrange the order of the agenda is while
considering the approval of the agenda.
B. At the time the Council considers approval of the agenda, the
Council may approve a request by the City Manager to change the agenda.
C. Consent Calendar. During consideration of approval of the agenda:
1. A Council Member may remove items listed on the Consent
Calendar for individual consideration.
2. Upon request by the City Manager, City Attorney or member
of the public, the presiding officer may remove items listed on the Consent
Calendar for individual consideration.
D. At anytime during a council meeting, any Council Member may
request an item be placed on a future council agenda. In addition, the Mayor
may place items on the next council agenda at any time that complies with the
Brown Act posting of agenda requirements. All agenda matters including
ordinances, resolutions and contract documents shall, before presentation to the
Council, be 1) examined and approved as to form and legality by the City
Attorney and 2) examined and approved for administration by the City Manager
(or in his/her absence, his/her designee).
E. Reading of Minutes. Unless a member of the Council requests a
reading of the minutes, the minutes may be approved without reading if the City
Clerk has previously furnished each member with a copy. Directions for changes
in the minutes shall be made only by a majority action of the Council.
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5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government
business at open and public meetings, except in certain limited situations as
authorized by California State law. Examples of business that may be~ conducted
in closed session include personnel evaluations, threats to public safety, labor
negotiations, pending litigation, real estate negotiations, and consideration of a
response to an audit report from the Bureau of State Audits.
B. Rule of Confidentiality. The Council recognizes that breaches in
confidentiality can severely prejudice the City's position in litigation, labor
relations and real estate negotiations. Further, breaches of confidentiality can
create a climate of distrust among Council Members and can harm the Council's
ability to communicate openly in closed sessions, thereby impairing the Council's
ability to perform its official duties. Council Members shall keep all written
materials and verbal information properly provided to them in closed session in
complete confidence to ensure that the City's position is not compromised. No
mention of information in these materials shall be made to anyone other than
Council Members, the City Attorney and/or the City Manager, except where
authorized by a majority of the City Council.
C. The Council further recognizes that confidentiality of discussions
and documents are at the core of a closed session. Confidentiality is essential if
the closed session is to serve its purpose. Therefore, the Council shall adhere to
a strict policy of confidentiality of closed sessions.
D. Breach of Rule of Confidentiality. No person who attends a closed
session may disclose any statements, discussions, documents or votes made in
a closed session unless the Council authorizes the disclosure. Violations can be
addressed through injunctions, disciplinary action, and referral to the grand jury.
E. Closed session business shall be described on the public agenda.
Public comment on closed session items shall be allowed before convening the
closed session. After a closed session, the Council shall convene the public
meeting and publicly report certain types of actions if they were taken, and the
vote on those actions.
6. CITY COUNCIL MEETING RULES OF ORDER
A. Robert's Rules of Order, Newly Revised shall govern the
proceedings of the Council in all instances not addressed by the City Charter,
Brown Act or these Council Rules of Conduct.
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B. Rules of Debate.
1. Presiding officer may engage in discussion and Council
votes. The presiding officer (Mayor) may move, second, and debate from the
chair, subject only to such limitations of debate as are by these rules imposed on
all members and shall not be deprived of any of the rights and privileges of a
Council Member by reason for his/her acting as the presiding officer.
2. Getting the Floor -- Imprciper References shall be avoided.
Every persons desiring to speak shall address the presiding officer, and, upon
recognition by the presiding officer, shall confine himself/herself to the question
under debate, avoiding all personalities and indecorous language.
3. Interruptions. Once recognized, a speaker shall not be
interrupted unless it is to call him/her to order, or as otherwise provided in these
rules. If a speaker is called to order, he/she shall stop speaking until the
question of order is determined, and, if in order, shall be permitted to proceed.
4. Motion to reconsider. Other than adoption of resolutions of
final actions in quasi-judicial proceedings, a motion to reconsider action taken by
the Council may be made only on the date action was taken or at the next
subsequent meeting. It may be made either immediately during the same
session, or at a recessed or adjourned session. This motion must be made by
one of the prevailing side, but may be seconded by any member, and may be
made at any time and have precedence over all other motion or while a member
has the floor; it is debatable. Nothing in these rules prevents a Council Member
from making or remaking the same of any other motion at a subsequent meeting
of the Council.
5. Remarks of Council Member -When Entered in Minutes. A
Council Member may request, through the presiding officer, the privilege of
having an abstract of his/her statement on any subject under consideration by
the Council entered in the minutes.
6. Limitation of Debate. No Council Member shall be allowed
to speak more than once upon a particular subject until every other Council
Member desiring to do so have spoken.
7. Each Council Member shall limit his/her comments to 15
minutes on each item on the agenda.
7. RULES OF DECORUM
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A. Remarks during Council meetings. No person shall make
impertinent, slanderous, libelous, personal or profane remarks and shall not
disrupt the conduct of the meeting, and shall not make threats against any
person or the public order.
B. The presiding officer shall use his/her discretion to enforce these
rules. Council Members and staff shall be polite. Even under tense situations,
all speakers shall refrain from the use of profanity, impolite or disrespectful
remarks and offensive gestures, either towards a Council Member, staff or the
public.
C. Public remarks.
1. The City encourages the public to participate in every public
meeting conducted by the City. Any member of the public may directly address
the Council on any item of interest to the public, or any item on the agenda,
during the portion of the agenda entitled, "Oral Communications." In addition,
any member of the public may provide testimony at any public hearing.
Consistent with the City's established policy, all comments shall be civil.
Pursuant to the Brown Act, the Council cannot take action on or discuss any item
not appearing on the posted agenda.
2. Each person desiring to address the Council shall approach
the podium and when recognized by the presiding officer shall step to the
microphone, state the subject he/she wishes to discuss, state whom he/she is
representing if he/she represents an organization or other persons, and, unless
further time is granted by majority vote of the Council, shall limit his/her remarks
to no more than 5 minutes. In certain matters, the presiding officer may limit
remarks to 3 minutes. In order to effectively enforce the time limit, the Mayor Pro
Tem shall monitor the time for each speaker and inform the Council when the
time limitation has been reached. The presiding officer shall strictly enforce the
time limit in order to ensure that all members of the public have an opportunity to
speak and that the Council is able to complete the public's business. Individual
speakers may not use the allocation of other persons. Individual speakers may
not speak twice on the same item. All remarks shall be addressed to the Council
as a body, and not to any member thereof. No person other than the speaker
may speak without the permission of and through the presiding officer.
3. Speakers shall refrain from attacking the character of any
person. The presiding officer, subject to appeal to the Council, shall be the judge
of whether speakers are impugning character. (see: Rules Of Decorum -
Section 7 E.2.)
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4. The presiding officer shall not recognize the same person to
speak more than once on the same subject except at the discretion of the City
Council unless that person is deemed to be able to give expert advice needed by
the Council in their deliberations.
5. Spokesperson for Group of Persons. In order to expedite
matters and to avoid repetitious presentations, any group of persons wishing to
address the Council on the same subject matter is encouraged to choose a
spokesperson to address the Council. '
D. Relevancy. At public hearings, speakers shall confine their
remarks to those that are relevant to the subject of the hearing. The presiding
officer, subject to appeal to the Council, shall be the judge of relevancy.
E. Members of the Audience.
1. A person in the audience who engages in disorderly conduct
such as stamping of feet, whistling, using profane language, yelling, or any other
type of demonstration, the conduct of which disturbs the peace and good order of
the meeting, or who refuses to comply with the lawful orders of the presiding
officer, shall, upon instructions from the presiding officer, be removed from the
Council Chambers by the Sergeant at Arms.
2. It is the policy of the Council that all members of the public
have the right to address the Council and that right includes the right to make
remarks that members of the Council may find critical, unpleasant, or even
offensive. The Brown Act states that the Council "shall not prohibit public
criticism of the policies, procedures, programs or services of the City or the acts
or omission of the City Council." However, the Brown Act also provides that
nothing in such provision "shall confer any privilege or protection for expression
beyond that otherwise provided by law." Moreover, the Brown Act also
recognizes it is also important that a proper standard of behavior be maintained
during meetings and that the City Council is able to complete the public's
business in a timely manner. Therefore, the public should respect the order,
procedures, and decorum of City Council meetings. Persons addressing the City
Council shall adhere to time limits.
F. City Council Remarks.
1. Council Members shall address the public and staff in a
courteous manner. While the Council is in session, the members must preserve
order and decorum, and a member shall neither by conversation or otherwise
delay or interrupt the proceedings or the peace of the Council nor disturb a
member while speaking or refuse to obey the orders of the presiding officer.
6 of 11
(100-03)
Revised 10/15/09
Council Members shall not leave their seats during the meeting without first
obtaining the permission of the presiding officer.
2. Each individual Council Member shall respect the
interpersonal style and individual points of view of the other Council Members
and shall respect each other's right to disagree. All Council Members shall
exhibit a high degree of decorum and courtesy during the City Council meetings,
towards other Council Members, the public, and City staff.
3. Council Members may discuss non-agenda items under any
of the following exceptions. Council Members may briefly respond to statements
made or questions posed by persons once the presiding officer closes Oral
Communications. In addition, on his/her own initiative or in response to
questions posed by the public, a Council Member may ask a question for
clarification, make a brief announcement, or make a brief report on his/her own
activities. Furthermore, the Council may provide a reference to staff or other
resources for factual information, request that staff report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place
a matter of business on a future agenda.
4. Council Members shall not make hostile remarks or engage
in debate with a member of the public or staff at a Council meeting. Hostile
remarks or debates seldom resolve concerns and may inflame feelings. If a
speaker from the public attacks a Council Member, the presiding officer may ask
the staff for input, if appropriate. If a speaker from the public makes inflammatory
or erroneous statements, after the conclusion of the public input, the presiding
officer shall then afford each Council Member the opportunity to briefly respond.
5. Council Members shall keep open minds on all issues prior
to deliberation immediately prior to a vote. Council Members shall base their
decisions in quasi-judicial matters upon the evidence, including testimony
presented at the public hearing.
6. There shall be no "grandstanding" on any issue. In this
context, "grandstanding" means the misuse of the Council dais in a disrespectful
and inappropriate manner to state a point of view in a negative manner.
"Grandstanding" includes: personally attacking another Council Member, staff or
member of the public, walking off the Council dais or leaving any meeting in
anger or disgust; emphasizing a political point of view unrelated to the issue
before the Council solely for the purpose of playing to the audience; using the
dais for non-City business; addressing the media for political purposes rather
than addressing the Council as a body; or purposely misstating the facts of an
issue for political purposes.
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7. During deliberation on any issue, each Council Member has
the right to express his/her opinions as to the issue, and be a passionate
advocate for a position or point of view. However, City policy is established by
the majority and not by any individual Council Member. Council Members who
are in the majority shall respect the right of the minority to express disagreement
with the majority. Once the decision is reached, Council Members who are in the
minority on an issue shall respect the authority of the majority.
8. A Council Member shall retain all of his/her rights and
privileges of the dais.
G. Comments regarding City employees. Council Members shall not
make comments regarding personnel matters nor the performance of any City
employee. Any concerns by a Council Member about the performance of a City
employee should be discussed privately with the City Manager. Council Members
shall refrain from engaging in personal attacks on staff at any time.
H. Employees. Members of the City staff and employees shall
observe the same rules of order and decorum applicable to the City Council.
Members of the City staff may leave their seats during a meeting without first
obtaining the permission of the presiding officer.
I. Enforcement of Decorum. The Chief of Police, or such member of
the police department as he/she may designate, shall be Sergeant at Arms of the
City Council and shall carry out all orders given by the presiding officer for the
purpose of maintaining order and decorum at the Council meetings. A Council
Member may move to require the presiding officer to enforce the rules and the
affirmative vote of a majority of the Council shall require him/her to do so.
J. Violation of the Rules of Decorum. Upon violation of the rules of
decorum, the established procedure to enforce the rules shall be as follows:
1. Warning. Any person making impertinent, slanderous,
libelous, personal or profane remarks or who becomes boisterous during a City
Council meeting shall be called to order by the presiding officer. The presiding
officer shall first request that a person who is violating the rules cease such
conduct. If, after receiving a request from the presiding officer, the person
persists in violating the rules, the presiding officer shall order a recess. Any
representative of law enforcement who is present at the meeting when any
violations occur shall be authorized to warn the person that his/her conduct is
violating the rules and that he/she is requested to cease such conduct. If upon
resumption of the meeting the violation persists, the presiding officer shall order
another recess, whereupon the presiding officer shall have the authority to ask
the law enforcement personnel to remove the person from the meeting and/or to
cite the person as being in violation of Penal Code Section 403.
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2. Motion to Enforce. If the presiding officer fails to enforce the
rules of decorum set forth herein, any Council Member may move to require the
presiding officer to do so, and an affirmative vote of a majority of the Council
shall require the presiding officer to do so. If the presiding officer fails to carry
out the wishes of the majority of the Council in this matter, the majority may
designate another Council Member to act as presiding officer for the limited
purpose of enforcing the rules of decorum established herein.
3. Clearing the Room. Pursuant to Government Code Section
54957.9, in the event that any meeting is willfully interrupted by a person or
groups of persons so as to render the orderly conduct of such meeting unfeasible
and order cannot be restored by the removal of the individuals who are willfully
interrupting the meeting, by a majority vote of the City Council, the meeting room
may be ordered cleared and the meeting shall continue in session.
Representatives of the press or other news media, except those participating in
the disturbance, shall be allowed to attend any session pursuant to the
Government Code Section 54957.9. Nothing in this section shall prohibit the
Council from readmitting an individual or individuals not responsible for willfully
disturbing the orderly conduct of the meeting.
4. Violation of the California Penal Code. Any person who,
without authority of law, willfully disturbs or breaks up any meeting, is guilty of a
misdemeanor and may be prosecuted under Penal Code Section 403 for
disturbing a public meeting.
8. VOTING
A. Failure to Vote. Every Council Member present will cast a vote
unless he/she disqualifies himself/herself by reason of conflict of interest. An
abstention is an indication that a Council Member does not wish his/her position
to become known, or he/she has no preference of position on the issue. For
purposes of action of the Council, an abstention shall neither be counted for the
majority nor for the minority and shall therefore have the effect as though no vote
were cast in result of the vote when counted. The recorded and published vote,
however, shall show the abstention.
B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
C. Changing Vote. A member may change his/her vote only if he/she
makes a timely request to do so immediately following the announcement of the
vote by the City Clerk and prior to the time that the next item in the order of
business is taken up. A Council Member who publicly announces that he/she is
abstaining from voting on a particular matter may not subsequently withdraw
his/her abstention.
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9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not
consider any new agenda item after 11:00 p.m. at any meeting. No later than
10:45 p.m. the City Council shall determine by a vote thereof to continue the
meeting until the remaining agenda items are resolved, or reschedule the
remaining items to a date certain prior to, the next meeting, or continue the items
until the next meeting.
B. Final Adjournment Hour. The City Council shall adjourn any
meeting no later than 11:59 p.m. on the date of said meeting.
C. Waiver of Time Limit. The Council may waive these time limits by
majority vote.
10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach
operates under the Council-Manager form of government; Article VI of the City
Charter defines the duties of the City Manager. Section 406 of the City Charter
says that neither the City Council nor any of its members shall interfere with the
execution by the City Manager of his/her duties.
B. The Council is the City's policy-making body and the City Manager
administers the Council's policies. The Council holds the City Manager
responsible for the administration of the City departments. The overall internal
administration by the City Manager is necessary in order to assure efficient and
economic operations of the various departments pursuant to the Council's
direction. The practices of each department are subject to review and control by
the City Manager.
C. Except for purposes of inquiry, the City Council and its members
shall deal with the administrative service solely through the City Manager and
shall not give orders to any subordinate of the City Manager, either publicly or
privately.
D. All Council Member requests for written reports or research shall be
addressed to the City Manager. The City Manager shall inform all Council
Members that a Council Member has requested informational material. Any
Council Member may request a copy of any written material provided to the
requesting Council Member. Council Members should contact the City Manager
as early as possible if they desire to have any additional written material prior to
a City Council meeting. If a Council Member has questions, needs clarification,
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or needs additional material, he/she shall advise the City Manager as early as
possible before a City Council meeting so the staff can meet his/her needs.
E. City Council agenda reports should be provided to the City Council
as early as possible before a meeting but no later than the Friday before that City
Council meeting.
F. Staff reports shall give professional input on the issue, including
areas of potential controversy and concern, shall try to present all sides of an
issue, and shall recommend areas for discussion and decision by the City
Council. Once a decision is made by the Council, it shall be fully supported,
accepted and implemented by staff.
G. Any project requested by an individual Council Member must be
authorized by the City Manager. If the City Manager deems the project to be
outside the bounds of direction or policy from the Council given at a Council
meeting, the Council Member making the request may bring the request to the
full City Council. Staff responses to requests for written information from one
Council Member shall be copied to all Council Members.
H. An exception to the above guidelines may be staff work required in
support of a Council Member designated by the City Council to represent the City
in an intergovernmental role (e.g., membership on Joint Powers Authority), or
relative to a special assignment (e .g., a special task force)
11. ISSUAiVCE
Approved by City Council October 26, 2009 by Resolution No. 5919
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Attach rnent ~
Resolution Number 5179
RESOLUTION NUMBER _s~ 1,9
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA,
ESTABLISHING PROCEDURAL RULES FOR
CONDUCT OF COUNCIL MEETINGS.
TBE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Regular Meetings. Regular meetings of the
City Council shall be held on the second and
fourth Monday of each month at 7:00 p.m.
(Established by Ordinance Number 1056 - City
Charter Section 407).
Section 2. Regular Adjourned Meetings. The City
Council may adjourn or readjourn to a date and
hour certain which shall be specified in the
adjournment and when so adjourned each adjourned
meeting shall be a regular meeting for all
purposes. (City Charter Section 407).
Section 3. ~ecial Meetings. Special meetings may be
called at any time by the Mayor, or by a majority
of the City Council, by delivering personal-ly or
by mail;,fa`c'simile or other electronic
transmission'~w~itten notice to each councilman
arid'~to each •1"o'ca~7. newspaper of general
crculatioby =ac~#o or television station r,
r~equest~ng notice in writing. Notice must be
delivered-at leah't 24 hours before the time of
ttie:meeting as~p~pecified in the notice. The call
and notice sha'11 specify the time and place of
the p cal meeting and the business to be
transacted. No other business shall be
considered. Written notice may be dispensed with
as to any councilman who at or prior to the time
the meeting convenes files with, the City Clerk a
written waiver of notice. Such waiver may be
given by telegram. Written notice may also be
dispensed with as to any counciLnan who is
actually present at the meeting at the time it
convenes. (Reference City Charter Section 408).
Section 4. Meetings to be Public -- Exception for
Closed Sessions. All regular and special
meetings of the City Council shall be public.
However, the City Council may hold closed
sessions during a regular or special meeting,
from which the public may be excluded, for the
purpose of considering the matters referred to in
Government Code Sections 54950 et seq.
No member of the City Council, employee of the
City, or any other person present during a closed
session of the Council shall disclose to any
person the content or substance of any discussion
which took place during the closed session unless
the City council authorizes the disclosure of the
information by majority vote,
Resolution Number
Section 5. Order of Business.
a) Call to Order
b) Pledge of Allegiance
c) Roll Call
d) Approval of Agenda
e) Oral Communications
f) Reports from Staff
g) Council Comments '
h) Presentations/Proclamations
i) Council Items
j) Consent Calendar
k) Items Removed from the Consent Calendar
1) New Business
m) Public Hearings
n) Closed Session
o) Adjournment
The order of business shall not be changed except
by majority vote of the City Council.
Section 6. Waiver of Reading - Ordinances and
Resolutions xn Full. Full reading of all
ordinances and resolutions adopted at a regular
or adjourned meeting may be waived by unanimous
vote of the City Council by one motion (e.q.
during approval of the consent calendar). Any
member of the public may request full reading of
resolutions or ordinances with consent of the
Council. (City Charter Section 412).
Section 7. ordinances. Prior Approval by
Administrative Staff, All ordinances,
resolutions and contract documents shall, before
presentation to the Council, be approved as to
form and legality by the City Attorney and
examined and approved for administration by the
City Manager or his representative.
Section 8. Reading of Minutes. Unless a reading of
the minutes of a council meeting is requested by
a member of the Council, the minutes may be
approved without reading if the City Clerk has
previously furnished each member with a copy.
Directions for changes in the minutes shall be
made only by a majority action of the City
Council.
Section 9. Rules of Debate.
a) Presiding officer may debate and vote, etc.
The Mayor or other member of the Council
presiding may move, second, and debate from
the chair, subject only to such limitations
of debate as are by these rules imposed on
all members and shall not be deprived of any
of the rights and privileges of a
councilmember by reason for his/her acting
as the presiding officer.
b) Getting the Floor -- Improper References to
be Avoided. Every member desiring to speak
Resolution Number
recognition by the presiding officer, shall
confine himself to the question under
debate, avoiding all personalities and
indecorous language.
c) Interruptions. A member, once recognized,
shall not be interrupted when speaking
unless it be to call him to order, or as
otherwise provided in these rules. If a
member, while speaking, is called to order,
he shall stop speaking until the question of
order is determined, and, if in order, he
shall be permitted to proceed.
d) Motion to reconsider. A motion to
reconsider action taken by the Council may
be made only on the date action was taken or
at the next subsequent meeting. it may be
made whether immediately during the same
session, or at a recessed or adjourned
session. This motion must be made by one of
the prevailing side, but may be seconded by
any member, and may be made at any time and
have precedence over all other motion or
while a member has the floor; it is
debatable. Nothing in these rules prevents
a member of the Council from making or
remaking the same of any other motion at a
subsequent meeting of the Council.
e) Remarks of Councilmember - When Entered in
Minutes. A counciLnember may request,
through the presiding officer, the privilege
of having an abstract of his statement on
any subject under consideration by the
Council entered in the minutes.
f) Limitation of Debate. No councilmember
shall be allowed to speak more than once
upon a particular subject until every other,
counciLnember desiring to do so has spoken.
g) Councilmembers shall limit their comments
under City Council Items to no more than
fifteen (15) minutes each and such time
limit shall also be imposed on other City
Council agenda items.
Section 10. Consent Calendar. Items on the Consent
Calendar are considered to be routine and are enacted by
one motion unless prior to approval of the agenda, a member
of the Council, staff or public, requests a specific item
be removed fra~m the Consent Calendar for separate action.
Section 11. Manner of Addresaina Council.
a) Each person desiring to address the Council
shall approach the podium and when
recognized by the chair shall step to the
microphone, state his/her name and address
for the record, state the subject he/she
wishes to discuss, state whom he/she is
representing if he/she represents an
Resolution Number
organization or other persons, and, unless
further time is granted by majority vote of
the Council, shall limit his/her remarks to
no more than five (5) minutes. All remarks
shall be addressed to the Council as a whole
and not to an individual member. No
question shall be asked of a councilmember
or a member of the City staff without the
"~ permission of the presiding officer.
b) The presiding officer shall not recognize
the same person to speak more than once on
the same subject except at the discretion of
the City Council unless that person is
deemed to be able to give expert advice
needed by the Council in their
deliberations.
c) Spokesman for Group of Persons. In order to
expedite matters and to avoid repetitious
presentations, whenever any group of persons
wishes to address the Council on the same
subject matter, the presiding officer may
request that a spokesman be chosen by the
group to address the Council and, in case
additional matters are to be presented by
any other member of the group, to limit the
number of persons addressing the Council.
~~~ d) After Motion. After a motion is made by a
"` councilmember, it may be seconded for
discussion, and such discussion limited by
councilmembera, or to include discussion by
the public, and the second shall so state.
Discussion on the subject shall then be
limited to the Council unless a Council
majority requests that hearing from the
public is in order at that time. Hearing
from the public shall be closed by order of
the chairman and thereafter no member of the
public shall interrupt or address the
Council from the audience on the matter
under consideration without first securing
permission to do so by a majority vote of
the City Council.
Section 12. Rules of Decorum.
a) Councilmembers. While the Council is in
session, the members must preserve order and
decorum, and a member shall neither by
conversation or otherwise delay or interrupt
the proceedings or the peace of the Council
nor disturb a member while speaking or
refuse to obey the orders of the presiding
officer.
b) Eanployeea. Members of the City staff and
employees shall observe the same rules of
order and decorum applicable to the City
Council. Members of the City staff may
leave their seats during a meeting without
Resolution Number y~j iq
first obtaining the permission of the
presiding officer.
c) Persons Addressing the Council. A person
making impertinent, slanderous, or profane
remarks or who becomes boisterous while
addressing the Council shall be called to 1
order by the presiding officer and, if such
conduct continues, may at the discretion of
the presiding officer be ordered barred from
further audience before the Council during
that meeting.
d) Members of the Audience. A person in the
audience who engages in disorderly conduct
such as stamping of feet, whistling, using
profane language, yelling, or any other type
of demonstration, the conduct of which
disturbs the peace and good order of the
meeting, or who refuses to comply with the
lawful orders of the presiding officer,
shall, upon instructions from the presiding
officer, be removed from the Council
Chambers by the Sergeant at Arms.
Section 13. Enforcement of Decorum. The Chief of
Police, or such member of the police department
as he may designate, is Sergeant at Arma of the
City Council and shall carry out all orders given _
by the presiding officer for the purpose of
maintaining order and decorum at the Council ~~.
meetings. A councilmember may move to require
the presiding officer to enforce the rules and
the affirmative vote if a majority of the Council
shall require him/her to do so. (Reference City
Charter Section 410).
Section 14. Failure to Vote. Every councilmember
present shall vote unless he disqualifies himself
by reason of conflict of interest. An abstention
is an indication that a councilmember does not
wish his/her position to become known, or he/she
has no preference of position on the issue. For
purposes of action of the Council, an abstention
shall neither be counted for the majority nor for
the minority and shall therefore have the effect
in result of the vote when counted, as though no
vote were cast. The recorded and published vote,
however, shall show the abstention.
Section 15. Tie Vote. Tie votes shall be lost motions
and may be reconsidered.
Section 16. Changing Vote. A member may change his vote
only if he makes a timely request to do so
immediately following the announcement of the
vote by the City Clerk and prior to the time that
the next item in the order of business is taken
up. A councilmember who publicly announces that
he is abstaining from voting on a particular
matter may not subsequently withdraw his
abstention.
Resolution Number "'~
Section 17. Establishing Meeting Time Limit. The City
Council shall not consider any new agenda item
after 11:00 p.m. at any meeting. No later than
10:45 p.m. the City Council shall determine by a
vote thereof to continue the meeting until the
remaining agenda items are resolved, or
reschedule the remaining items to a date certain
prior to, the next meeting, or continue the items
until the next meeting.
Section 18. Final Adiournment Hour. The City Council
shall adjourn any meeting no later than 11:59
p.m. on the date of said meeting.
Section 19. Waiver of Adiournment Time. The provisions
of Sections 17 and 18 may be waived for any
individual item only upon a majority vote of the
City Council.
Section 20. Resolution Number 4792 is hereby rescinded.
PASSED, APPROVED and ADOPTED by the City Council of the
City of Sea Beach, C orni , at a meeting thereof held
on the day of , 2003 by the following
vote:
AYES:
Counci
NOES:
Counci
ABSTAIN:
ABSENT:
Councilmembers
Mayor
~:
A T:
i Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the fore of g resolution
is the original copy of Resolution Number ~ on file in
the office of the City Clerk, passed, approve and adopted
by the City Council ofd t~ City of S~1• ,He ch t a meeting
thereof held on the 1~'~=- day of CSeLrY'e ~ , 2003.
it Clerk
~4ttach rr~ent C
Redline Version
~~Strikeout Version~~
CITY ®F SEAL BEACH
Council POlicy
SUBJECT
COUNCIL MEETING PROCEDURAL RULES
SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CM APPROVAL
Res #5179 APPROVAL
100 3 10/27/03 3/13/2000 (#4792) N/A
'I. SCOPE
cnr /~i+„ ~,,,,.,,..~ eyen,3c cocc;~~. The successful operation of a municipality
requires that standards be established to define the roles, responsibilities and
expectations of the governing board and staff in the operation of the
organization. These standards will promote communication, understanding and
trust among members of the City Council, the public and City staff concerning
their roles, responsibilities and expectations, and public participation in the
process.
2. PURPOSE AND INTENT
This policy
establishes rules of decorum for Council/staff interaction and procedure for
orderly conduct of City Council meetings, special meetings, and study sessions.
Due to the informal nature of workshops, study sessions and joint meetings, the
presiding officer may deviate from these rules, provided all deviations comply
with the Brown Act.
The establishment and periodic review of these City Council rules will help
protect free speech and civil discourse and facilitate the orderly, efficient conduct
of productive, issue-based City Council meetings
3. ~'"~T MEETING POLICY
~ R~eg~laT-Ad~Tned--Idle~ti~g~ T ~'
n~~rnn~° //'i~v ('`h•~r4°r C°n4inn enZL
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c-ac}sed `~ yr a~rrti~v~ty-EAurrcrs-aut~{3rri--~--aTG3---EI~Fri6ro~urc-yr-n-rc
These rules are designed to comply with the City Charter and applicable state
law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of
the City Council and Redevelopment Agency. Unless otherwise stated,
reference to the City Council shall also include the Redevelopment Agency.
When these rules refer to the Mayor and Council Members, the term shall also
include Chair and Members of the Redevelopment Agency. Any act that the
Mayor is authorized to perform may be performed by the Mayor Pro Tem in the
Mayor's absence, or by the Vice Chair of the Redevelopment Agency in the
Chair's absence.
City Council Meetings shall be conducted according to Article IV of the City
Charter, provisions of the Government Code that pertain to holding meetings in
public (Section 54950 - 54963; the Brown Act), and Robert's Rules of Order,
Newly Revised, if the Charter, the Brown Act or these Rules do not address a
subject.
2 of 16
(100-03)
~~Strikeout Version~~
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aon~i ~nr,~}innr• 4nr nh~nno~ i~~~~n~~,~h~~l~l hn~~,aoc nnl~i h~i n mninri}~i
FT
4. ORDER OF AGEidDA
A. Matters shall be heard in the order printed on the City Council
agenda. However, with Council approval, if several community members are
present to speak on that specific agenda item or if the Council otherwise
determines that it is in the public interest to change the order of the agenda. The
Council may hear agenda items out of their prescribed order on the printed
3of16
(100-03)
~~Strikeout Version~~
agenda. The appropriate time to rearrange the order of the agenda is while
considering the approval of the agenda.
B. At the time the Council considers approval of the agenda, the
Council may approve a request by the City Manager to change the agenda.
C. Consent Calendar. During consideration of approval of the agenda:
1. A Council Member may remove items listed on the Consent
Calendar for individual consideration.
2. Upon request by the
of the public, the presiding officer mad
Calendar for individual consideration.
City Manager, City Attorney or member
remove items listed on the Consent
D. At anytime during a council meeting, any Council Member may
request an item be placed on a future council agenda. In addition, the Mayor
may place items on the next council agenda at any time that complies with the
Brown Act posting of agenda requirements. All agenda matters including
ordinances, resolutions and contract documents shall, before presentation to the
Council, be 1) examined and approved as to form and legality by the City
Attorney and 2) examined and approved for administration by the City Manager
(or in his/her absence, his/her designee).
E. Reading of Minutes. Unless a member of the Council requests a
reading of the minutes, the minutes may be approved without reading if the City
Clerk has previously furnished each member with a copy. Directions for changes
in the minutes shall be made only by a majority action of the Council.
5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government
business at open and public meetings, except in certain limited situations as
authorized by California State law. Examples of business that may be conducted
in closed session include personnel evaluations, threats to public safety, labor
negotiations, pending litigation, real estate negotiations, and consideration of a
response to an audit report from the Bureau of State Audits.
B. Rule of Confidentiality. The Council recognizes that breaches in
confidentiality can severely prejudice the City's position in litigation, labor
relations and real estate negotiations. Further, breaches of confidentiality can
create a climate of distrust among Council Members and can harm the Council's
ability to communicate openly in closed sessions, thereby impairing the Council's
ability to perform its official duties. Council Members shall keep all written
materials and verbal information properly provided to them in closed session in
complete confidence to ensure that the City's position is not compromised. No
4 of 16
(100-03)
~~Strikeout Version~~
mention of information in these materials shall be made to anyone other than
Council Members, the City Attorney and/or the City Manager, except where
authorized by a majority of the City Council.
C. The Council further recognizes that confidentiality of discussions
and documents are at the core of a closed session. Confidentiality is essential if
the closed session is to serve its purpose. Therefore, the Council shall adhere to
a strict policy of confidentiality of closed sessions.
D. Breach of Rule of Confidentiality. No person who attends a closed
session may disclose any statements, discussions, documents or votes made in
a closed session unless the Council authorizes the disclosure. Violations can be
addressed through injunctions, disciplinary action, and referral to the grand jury.
E. Closed session business shall be described on the public agenda.
Public comment on closed session items shall be allowed before convening the
closed session. After a closed session, the Council shall convene the public
meeting and publicly report certain types of actions if they were taken, and the
vote on those actions.
6. CITY COURICIL flflEETI1dG RULES OF ORDER
A. Robert's Rules of Order, Newly Revised shall govern the
proceedings of the Council in all instances not addressed by the City Charter,
Brown Act or these Council Rules of Conduct.
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B. Rules of Debate.
1. Presiding officer may engage in discussion and Council
votes. The presiding officer (Mayor) may move, second, and debate from the
chair, subject only to such limitations of debate as are by these rules imposed on
all members and shall not be deprived of any of the rights and privileges of a
Council Member by reason for his/her acting as the presiding officer.
2. Getting the Floor -- Improper References shall be avoided.
Every persons desiring to speak shall address the presiding officer, and, upon
recognition by the presiding officer, shall confine himself/herself to the question
under debate, avoiding all personalities and indecorous language.
3. Interruptions. Once recognized, a speaker shall not be
interrupted unless it is to call him/her to order, or as otherwise provided in these
rules. If a speaker is called to order, he/she shall stop speaking until the
question of order is determined, and, if in order, shall be permitted to proceed.
4. Motion to reconsider. Other than adoption of resolutions of
final actions in quasi judicial proceedings, a motion to reconsider action taken by
the Council may be made only on the date action was taken or at the next
subsequent meeting. It may be made either immediately during the same
session, or at a recessed or adjourned session. This motion must be made by
one of the prevailing side, but may be seconded by any member, and may be
made at any time and have precedence over all other motion or while a member
has the floor; it is debatable. Nothing in these rules prevents a Council Member
from making or remaking the same of any other motion at a subsequent meeting
of the Council.
5. Remarks of Council
Council Member may request, through
having an abstract of his/her statement
the Council entered in the minutes.
Member -When Entered in Minutes. A
the presiding officer, the privilege of
on any subject under consideration by
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6. Limitation of Debate. No Council Member shall be allowed
to speak more than once upon a particular subject until every other Council
Member desiring to do so have spoken.
7. Each Council Member shall limit his/her comments to 15
minutes on each item on the agenda.
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7. RULES OF DECORUftfl
A. Remarks during Council meetings. No person shall make
impertinent, slanderous, libelous, personal or profane remarks and shall not
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disrupt the conduct of the meeting, and shall not make threats against any
person or the public order.
B. The presiding officer shall use his/her discretion to enforce these
rules. Council Members and staff shall be polite. Even under tense situations,
all speakers shall refrain from the use of profanity, impolite or disrespectful
remarks and offensive gestures, either towards a Council Member, staff or the
public.
C. Public remarks.
1. The City encourages the public to participate in every public
meeting conducted by the City. Any member of the public may directly address
the Council on any item of interest to the public, or any item on the agenda,
during the portion of the agenda entitled, "Oral Communications." In addition,
any member of the public may provide testimony at any public hearing.
Consistent with the City's established policy, all comments shall be civil.
Pursuant to the Brown Act, the Council cannot take action on or discuss any item
not appearing on the posted agenda.
2. Each person desiring to address the Council shall approach
the podium and when recognized by the presiding officer shall step to the
microphone, state the subject he/she wishes to discuss, state whom he/she is
representing if he/she represents an organization or other persons, and, unless
further time is granted by majority vote of the Council, shall limit his/her remarks
to no more than 5 minutes. In certain matters, the presiding officer may limit
remarks to 3 minutes. In order to effectively enforce the time limit, the Mayor Pro
Tem shall monitor the time for each speaker and inform the Council when the
time limitation has been reached. The presiding officer shall strictly enforce the
time limit in order to ensure that all members of the public have an opportunity to
speak and that the Council is able to complete the public's business. Individual
speakers may not use the allocation of other persons. Individual speakers may
not speak twice on the same item. All remarks shall be addressed to the Council
as a body, and not to any member thereof. No person other than the speaker
may speak without the permission of and through the presiding officer.
3. Speakers shall refrain from attacking the character of any
person. The presiding officer, subject to appeal to the Council, shall be the judge
of whether speakers are impugning character. (see: Rules Of Decorum -
Section 7 E.2.)
4. The presiding officer shall not recognize the same person to
speak more than once on the same subject except at the discretion of the City
Council unless that person is deemed to be able to give expert advice needed by
the Council in their deliberations.
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5. Spokesperson for Group of Persons. In order to expedite
matters and to avoid repetitious presentations, any group of persons wishing to
address the Council on the same subject matter is encouraged to choose a
spokesperson to address the Council.
D. Relevancy. At public hearings, speakers shall confine their
remarks to those that are relevant to the subject of the hearing. The presiding
officer, subject to appeal to the Council, shall be the judge of relevancy.
E. Members of the Audience.
1. A person in the audience who engages in disorderly conduct
such as stamping of feet, whistling, using profane tanguage, yelling, or any other
type of demonstration, the conduct of which disturbs the peace and good order of
the meeting, or who refuses to comply with the lawful orders of the presiding
officer, shall, upon instructions from the presiding officer, be removed from the
Council Chambers by the Sergeant at Arms.
2. It is the policy of the Council that all members of the public
have the right to address the Council and that right includes the right to make
remarks that members of the Council may find critical, unpleasant, or even
offensive. The Brown Act states that the Council "shall not prohibit public
criticism of the policies, procedures, programs or services of the City or the acts
or omission of the City Council." However, the Brown Act also provides that
nothing in such provision "shall confer any privilege or protection for expression
beyond that otherwise provided by law." Moreover, the Brown Act also
recognizes it is also important that a proper standard of behavior be maintained
during meetings and that the City Council is able to complete the public's
business in a timely manner. Therefore, the public should respect the order,
procedures, and decorum of City Council meetings. Persons addressing the City
Council shall adhere to time limits.
F. City Council Remarks.
1. Council Members shall address the public and staff in a
courteous manner. While the Council is in session, the members must preserve
order and decorum, and a member shall neither by conversation or otherwise
delay or interrupt the proceedings or the peace of the Council nor disturb a
member while speaking or refuse to obey the orders of the presiding officer.
Council Members shall not leave their seats during the meeting without first
obtaining the permission of the presiding officer.
2. Each individual Council Member shall respect the
interpersonal style and individual points of view of the other Council Members
and shall respect each other's right to disagree. All Council Members shall
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exhibit a high degree of decorum and courtesy during the City Council meetings,
towards other Council Members, the public, and City staff.
3. Council Members may discuss non-agenda items under any
of the following exceptions. Council Members may briefly respond to statements
made or questions posed by persons once the presiding officer closes Oral
Communications. In addition, on his/her own initiative or in response to
questions posed by the public, a Council Member may ask a question for
clarification, make a brief announcement, or make a brief report on his/her own
activities. Furthermore, the Council may provide a reference to staff or other
resources for factual information, request that staff report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place
a matter of business on a future agenda.
4. Council Members shall not make hostile remarks or engage
in debate with a member of the public or staff at a Council meeting. Hostile
remarks or debates seldom resolve concerns and may inflame feelings. If a
speaker from the public attacks a Council Member, the presiding officer may ask
the staff for input, if appropriate. If a speaker from the public makes inflammatory
or erroneous statements, -after the conclusion of the public input, the presiding
officer shall then afford each Council Member the opportunity to briefly respond.
5. Council Members shall keep open minds on all issues prior
to deliberation immediately prior to a vote. Council Members shall base their
decisions in quasi judicial matters upon the evidence, including testimony
presented at the public hearing.
6. There shall be no "grandstanding" on any issue. In this
context, "grandstanding° means the misuse of the Council dais in a disrespectful
and inappropriate manner to state a point of view in a negative manner.
"Grandstanding" includes: personally attacking another Council Member, staff or
member of the public, walking off the Council dais or leaving any meeting in
anger or disgust; emphasizing a political point of view unrelated to the issue
before the Council solely for the purpose of playing to the audience; using the
dais for non-City business; addressing the media for political purposes rather
than addressing the Council as a body; or purposely misstating the facts of an
issue for political purposes.
7. During deliberation on any issue, each Council Member has
the right to express his/her opinions as to the issue, and be a passionate
advocate for a position or point of view. However, City policy is established by
the majority and not by any individual Council Member. Council Members who
are in the majority shall respect the right of the minority to express disagreement
with the majority. Once the decision is reached, Council Members who are in the
minority on an issue shall respect the authority of the majority.
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8. A Council Member shall retain all of his/her rights and
privileges of the dais.
G. Comments regarding City employees. Council Members shall not
make comments regarding personnel matters nor the performance of any City
employee. Any concerns by a Council Member about the performance of a City
employee should be discussed privately with the City Manager. Council Members
shall refrain from engaging in personal attacks on staff at any time.
H. Employees. Members of the City staff and employees shall
observe the same rules of order and decorum applicable to the City Council.
Members of the City staff may leave their seats during a meeting without first
obtaining the permission of the presiding officer.
I. Enforcement of Decorum. The Chief of Pofice, or such member of
the police department as he/she may designate, shall be Sergeant at Arms of the
City Council and shall carry out all orders given by the presiding officer for the
purpose of maintaining order and decorum at the Council meetings. A Council
Member may move to require the presiding officer to enforce the rules and the
affirmative vote of a majority of the Council shall require him/her to do so.
J. Violation of the Rules of Decorum. Upon violation of the rules of
decorum, the established procedure to enforce the rules shall be as follows:
1. Warning. Any person making impertinent, slanderous,
libelous, personal or profane remarks or who becomes boisterous during a City
Council meeting shall be called to order by the presiding officer. The presiding
officer shall first request that a person who is violating the rules cease such
conduct. tf, after receiving a request from the presiding officer, the person
persists in violating the rules, the presiding officer shall order a recess. Any
representative of law enforcement who is present at the meeting when any
violations occur shall be authorized to warn the person that his/her conduct is
violating the rules and that he/she is requested to cease such conduct. If upon
resumption of the meeting the violation persists, the presiding officer shall order
another recess, whereupon the presiding officer shall have the authority to ask
the law enforcement personnel to remove the person from the meeting and/or to
cite the person as being in violation of Penal Code Section 403.
2. Motion to Enforce. If the presiding officer fails to enforce the
rules of decorum set forth herein, any Council Member may move to require the
presiding officer to do so, and an affirmative vote of a majority of the Council
shall require the presiding officer to do so. If the presiding officer fails to carry
out the wishes of the majority of the Council in this matter, the majority may
designate another Council Member to act as presiding officer for the limited
purpose of enforcing the rules of decorum established herein.
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~~Strikeout Version~~
3. Clearing the Room. Pursuant to Government Code Section
54957.9, in the event that any meeting is willfully interrupted by a person or
groups of persons so as to render the orderly conduct of such meeting unfeasible
and order cannot be restored by the removal of the individuals who are willfully
interrupting the meeting, by a majority vote of the City Council, the meeting room
may be ordered cleared and the meeting shall continue in session.
Representatives of the press or other news media, except those participating in
the disturbance, shall be allowed to attend any session pursuant to the
Government Code Section 54957.9. Nothing in this section shall prohibit the
Council from readmitting an individual or individuals not responsible for willfully
disturbing the orderly conduct of the meeting.
4. Violation of the California Penal Code. Any person who,
without authority of law, willfully disturbs or breaks up any meeting, is guilty of a
misdemeanor and may be prosecuted under Penal Code Section 403 for
disturbing a public meeting.
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8. VOTIRlG
A. Failure to Vote. Every Council Member present will cast a vote
unless he/she disqualifies himself/herself by reason of conflict of interest. An
abstention is an indication that a Council Member does not wish his/her position
to become known, or he/she has no preference of position on the issue. For
purposes of action of the Council, an abstention shall neither be counted for the
majority nor for the minority and shall therefore have the effect as though no vote
were cast in result of the vote when counted. The recorded and published vote,
however, shall show the abstention.
B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
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(100-03)
~~Strikeout Version~~
C. Changing Vote. A member may change his/her vote only if he/she
makes a timely request to do so immediately following the announcement of the
vote by the City Clerk and prior to the time that the next item in the order of
business is taken up. A Council Member who publicly announces that he/she is
abstaining from voting on a particular matter may not subsequently withdraw
his/her abstention.
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9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not
consider any new agenda item after 11:00 p.m. at any meeting. No later than
10:45 p.m. the City Council shall determine by a vote thereof to continue the
meeting until the remaining agenda items are resolved, or reschedule the
remaining items to a date certain prior to, the next meeting, or continue the items
until the next meeting.
B. Final Adjournment Hour. The City Council shall adjourn any
meeting no later than 11:59 p.m. on the date of said meeting.
C. Waiver of Time Limit. The Council may waive these time limits by
majority vote.
10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach
operates under the Council-Manager form of government; Article VI of the City
Charter defines the duties of the City Manager. Section 406 of the City Charter
says that neither the City Council nor any of its members shall interfere with the
execution by the City Manager of his/her duties.
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~~Strikeout Version~~
B. The Council is the City's policy-making body and the City Manager
administers the Council's policies. The Council holds the City Manager
responsible for the administration of the City departments. The overall internal
administration by the City Manager is necessary in order to assure efficient and
economic operations of the various departments pursuant to the Council's
direction. The practices of each department are subject to review and control by
the City Manager.
C. Except for purposes of inquiry, the City Council and its members
shall deal with the administrative service solely through the City Manager and
shall not give orders to any subordinate of the City Manager, either publicly or
privately.
D. All Council Member requests for written reports or research shall be
addressed to the City Manager. The City Manager shall inform all Council
Members that a Council Member has requested informational material. Any
Council Member may request a copy of any written material provided to the
requesting Council Member. Council Members should contact the City Manager
as early as possible if they desire to have any additional written material prior to
a City Council meeting. If a Council Member has questions, needs clarification,
or needs additional material, he/she shall advise the City Manager as early as
possible before a City Council meeting so the staff can meet his/her needs.
E. City Council agenda reports should be provided to the City Council
as early as possible before a meeting but no later than the Friday before that City
Council meeting.
F. Staff reports shall give professional input on the issue, including
areas of potential controversy and concern, shall try to present all sides of an
issue, and shall recommend areas for discussion and decision by the City
Council. Once a decision is made by the Council, it shall be fully supported,
accepted and implemented by staff.
G. Any project requested by an individual Council Member must be
authorized by the City Manager. If the City Manager deems the project to be
outside the bounds of direction or policy from the Council given at a Council
meeting, the Council Member making the request may bring the request to the
full City Council. Staff responses to requests for written information from one
Council Member shall be copied to all Council Members.
H. An exception to the above guidelines may be staff work required in
support of a Council Member designated by the City Council to represent the City
in an intergovernmental role (e.g., membership on Joint Powers Authority), or
relative to a special assignment (e .g., a special task force)
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~~Strikeout Version~~
11. ISSUANCE
Approved by City Council October 26, 2009 by Resolution No. 5919
16 of 16
(100-03)
~4tta~hment
Government Code Section 54950-54963
(known as the Ralph M. Brown Act)
Penal Code Section 403
Seal Beach City Charter Section 406
~NI~ENT C®®E
CTI ®N 54950-54963
54950. In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State
exist to aid in the conduct of the people's business. It is the intent of the law that
their actions be taken openly and that their deliberations be conducted openly.
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.
54950.5. This chapter shall be known as the Ralph M. Brown Act.
54951. As used in this chapter, "local agency" means a county, city, whether
general law or chartered, city and county, town, school district, municipal
corporation, district, political subdivision, or any board, commission or agency
thereof, or other local public agency.
54952. As used in this chapter, "legislative body" means:
(a) The governing body of a local agency or any other local body created by state
or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether
permanent or temporary, decisionmaking or advisory, created by charter,
ordinance, resolution, or formal action of a legislative body. However, advisory
committees, composed solely of the members of the legislative body that are less
than a quorum of the legislative body are not legislative bodies, except that
standing committees of a legislative body, irrespective of their composition, which
have a continuing subject matter jurisdiction, or a meeting schedule fixed by
charter, ordinance, resolution, or formal action of a legislative body are legislative
bodies for purposes of this chapter.
(c) (1) A board, commission, committee, or other multimember body that governs
a private corporation, limited liability company, or other entity that either: (A) Is
created by the elected legislative body in order to exercise authority that may
lawfully be delegated by the elected governing body to a private corporation,
limited liability company, or other entity. (B) Receives funds from a local agency
and the membership of whose governing body includes a member of the
legislative body of the local agency appointed to that governing body as a full
voting member by the legislative body of the local agency. (2) Notwithstanding
subparagraph (B) of paragraph (1), no board, commission, committee, or other
multimember body that governs a private corporation, limited liability company, or
other entity that receives funds from a local agency and, as of February 9, 1996,
has a member of the legislative body of the local agency as a full voting member
of the governing body of that private corporation, limited liability company, or
other entity shall be relieved from the public meeting requirements of this chapter
by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant
to subdivision (p) of Section 32121 of the Health and Safety Code after January
1, 1994, where the lessee exercises any material authority of a legislative body of
a local agency delegated to it by that legislative body whether the lessee is
organized and operated by the local agency or by a delegated authority.
54952.1. Any person elected to serve as a member of a legislative body who
has not yet assumed the duties of office shall conform his or her conduct to the
requirements of this chapter and shall be treated for purposes of enforcement of
this chapter as if he or she has already assumed office.
54952.2. (a) As used in this chapter, "meeting" means any congregation of a
majority of the members of a legislative body at the same time and location,
including teleconference location as permitted by Section 54953, to hear,
discuss, deliberate, or take action on any item that is within the subject matter
jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a
meeting authorized by this chapter, use a series of communications of any kind,
directly or through intermediaries, to discuss, deliberate, or take action on any
item of business that is within the subject matter jurisdiction of the legislative
body. (2) Paragraph (1) shall not be construed as preventing an employee or
official of a local agency, from engaging in separate conversations or
communications outside of a meeting authorized by this chapter with members of
a legislative body in order to answer questions or provide information regarding a
matter that is within the subject matter jurisdiction of the local agency, if that
person does not communicate to members of the legislative body the comments
or position of any other member or members of the legislative body.
(c) Nothing in this section shall impose the requirements of this chapter upon any
of the following: (1) Individual contacts or conversations between a member of a
legislative body and any other person that do not violate subdivision (b). (2) The
attendance of a majority of the members of a legislative body at a conference or
similar gathering open to the public that involves a discussion of issues of
general interest to the public or to public agencies of the type represented by the
legislative body, provided that a majority of the members do not discuss among
themselves, other than as part of the scheduled program, business of a specified
nature that is within the subject matter jurisdiction of the local agency. Nothing in
this paragraph is intended to allow members of the public free admission to a
conference or similar gathering at which the organizers have required other
participants or registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open
and publicized meeting organized to address a topic of local community concern
by a person or organization other than the local agency, provided that a majority
of the members do not discuss among themselves, other than as part of the
scheduled program, business of a specific nature that is within the subject matter
jurisdiction of the legislative body of the local agency. (4) The attendance of a
majority of the members of a legislative body at an open and noticed meeting of
another body of the local agency, or at an open and noticed meeting of a
legislative body of another local agency, provided that a majority of the members
do not discuss among themselves, other than as part of the scheduled meeting,
business of a specific nature that is within the subject matter jurisdiction of the
legislative body of the local agency. (5) The attendance of a majority of the
members of a legislative body at a purely social or ceremonial occasion, provided
that a majority of the members do not discuss among themselves business of a
specific nature that is within the subject matter jurisdiction of the legislative body
of the local agency. (6) The attendance of a majority of the members of a
legislative body at an open and noticed meeting of a standing committee of that
body, provided that the members of the legislative body who are not members of
the standing committee attend only as observers.
54952.6. As used in this chapter, "action taken" means a collective decision
made by a majority of the members of a legislative body, a collective commitment
or promise by a majority of the members of a legislative body to make a positive
or a negative decision, or an actual vote by a majority of the members of a
legislative body when sitting as a body or entity, upon a motion, proposal,
resolution, order or ordinance.
54952.7. A legislative body of a local agency may require that a copy of this
chapter be given to each member of the legislative body and any person elected
to serve as a member of the legislative body who has not assumed the duties of
office. An elected legislative body of a local agency may require that a copy of
this chapter be given to each member of each legislative body all or a majority of
whose members are appointed by or under the authority of the elected legislative
body.
54953. (a) All meetings of the legislative body of a local agency shall be open
and public, and all persons shall be permitted to attend any meeting of the
legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local
agency may use teleconferencing for the benefit of the public and the legislative
body of a local agency in connection with any meeting or proceeding authorized
by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law
relating to a specific type of meeting or proceeding. (2) Teleconferencing, as
authorized by this section, may be used for all purposes in connection with any
meeting within the subject matter jurisdiction of the legislative body. All votes
taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative
body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or the public
appearing before the legislative body of a local agency. Each teleconference
location shall be identified in the notice and agenda of the meeting or proceeding,
and each teleconference location shall be accessible to the public. During the
teleconference, at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory over which the
local agency exercises jurisdiction, except as provided in subdivision (d). The
agenda shall provide an opportunity for members of the public to address the
legislative body directly pursuant to Section 54954.3 at each teleconference
location. (4) For the purposes of this section, "teleconference" means a meeting
of a legislative body, the members of which are in different locations, connected
by electronic means, through either audio or video, or both. Nothing in this
section shall prohibit a local agency from providing the public with additional
teleconference locations.
(c) No legislative body shall take action by secret ballot, whether preliminary or
final.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of
subdivision (b), when a health authority conducts a teleconference meeting,
members who are outside the jurisdiction of the authority may be counted toward
the establishment of a quorum when participating in the teleconference if at least
50 percent of the number of members that would establish a quorum are present
within the boundaries of the territory over which the authority exercises
jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in
the meeting and that number and access codes are identified in the notice and
agenda of the meeting. (2) Nothing in this subdivision shall be construed as
discouraging health authority members from regularly meeting at a common
physical site within the jurisdiction of the authority or from using teleconference
locations within or near the jurisdiction of the authority. A teleconference meeting
for which a quorum is established pursuant to this subdivision shall be subject to
all other requirements of this section. (3) For purposes of this subdivision, a
health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and
Institutions Code, any joint powers authority created pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of
contracting pursuant to Section 14087.3 of the Welfare and Institutions Code,
and any advisory committee to a county sponsored health plan licensed pursuant
to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and
Safety Code if the advisory committee has 12 or more members. (4) This
subdivision shall remain in effect only until January 1, 2009.
54953.1. The provisions of this chapter shall not be construed to prohibit the
members of the legislative body of a local agency from giving testimony in private
before a grand jury, either as individuals or as a body.
54953.2. All meetings of a legislative body of a local agency that are open and
public shall meet the protections and prohibitions contained in Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof.
54953.3. A member of the public shall not be required, as a condition to
attendance at a meeting of a legislative body of a local agency, to register his or
her name, to provide other information, to complete a questionnaire, or otherwise
to fulfill any condition precedent to his or her attendance. If an attendance list,
register, questionnaire, or other similar document is posted at or near the
entrance to the room where the meeting is to be held, or is circulated to the
persons present during the meeting, it shall state clearly that the signing,
registering, or completion of the document is voluntary, and that all persons may
attend the meeting regardless of whether a person signs, registers, or completes
the document.
54953.5. (a) Any person attending an open and public meeting of a legislative
body of a local agency shall have the right to record the proceedings with an
audio or video tape recorder or a still or motion picture camera in the absence of
a reasonable finding by the legislative body of the local agency that the recording
cannot continue without noise, illumination, or obstruction of view that
constitutes, or would constitute, a persistent disruption of the proceedings.
(b) Any tape or film record of an open and public meeting made for whatever
purpose by or at the direction of the local agency shall be subject to inspection
pursuant to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may
be erased or destroyed 30 days after the taping or recording. Any inspection of a
video or tape recording shall be provided without charge on a video or tape
player made available by the local agency.
54953.6. No legislative body of a local agency shall prohibit or otherwise restrict
the broadcast of its open and public meetings in the absence of a reasonable
finding that the broadcast cannot be accomplished without noise, illumination, or
obstruction of view that would constitute a persistent disruption of the
proceedings.
54953.7. Notwithstanding any other provision of law, legislative bodies of local
agencies may impose requirements upon themselves which allow greater
access to their meetings than prescribed by the minimal standards set forth in
this chapter. In addition thereto, an elected legislative body of a local agency
may impose such requirements on those appointed legislative bodies of the local
agency of which all or a majority of the members are appointed by or under the
authority of the elected legislative body.
54954. (a) Each legislative body of a local agency, except for advisory
committees or standing committees, shall provide, by ordinance, resolution,
bylaws, or by whatever other rule is required for the conduct of business by that
body, the time and place for holding regular meetings. Meetings of advisory
committees or standing committees, for which an agenda is posted at least 72
hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2,
shall be considered for purposes of this chapter as regular meetings of the
legislative body.
(b) Regular and special meetings of the legislative body shall be
held within the boundaries of the territory over which the local agency exercises
jurisdiction, except to do any of the following: (1) Comply with state or federal
law or court order, or attend a judicial or administrative proceeding to which the
local agency is a party. (2) Inspect real or personal property which cannot be
conveniently brought within the boundaries of the territory over which the local
agency exercises jurisdiction provided that the topic of the meeting is limited to
items directly related to the real or personal property. (3) Participate in meetings
or discussions of multiagency significance that are outside the boundaries of a
local agency's jurisdiction. However, any meeting or discussion held pursuant to
this subdivision shall take place within the jurisdiction of one of the participating
local agencies and be noticed by all participating agencies as provided for in this
chapter. (4) Meet in the closest meeting facility if the local agency has no
meeting facility within the boundaries of the territory over which the local agency
exercises jurisdiction, or at the principal office of the local agency if that office is
located outside the territory over which the agency exercises jurisdiction. (5)
Meet outside their immediate jurisdiction with elected or appointed officials of the
United States or the State of California when a local meeting would be
impractical, solely to discuss a legislative or regulatory issue affecting the local
agency and over which the federal or state officials have jurisdiction. (6) Meet
outside their immediate jurisdiction if the meeting takes place in or nearby a
facility owned by the agency, provided that the topic of the meeting is limited to
items directly related to the facility. (7) Visit the office of the local agency's legal
counsel for a closed session on pending litigation held pursuant to Section
54956.9, when to do so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within the
district, except under the circumstances enumerated in subdivision (b), or to do
any of the following: (1) Attend a conference on nonadversarial collective
bargaining techniques. (2) Interview members of the public residing in another
district with reference to the trustees' potential employment of an applicant for the
position of the superintendent of the district. (3) Interview a potential employee
from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at least
one of its member agencies, or as provided in subdivision (b). However, a joint
powers authority which has members throughout the state may meet at any
facility in the state which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe
to meet in the place designated, the meetings shall be held for the duration of the
emergency at the place designated by the presiding officer of the legislative body
or his or her designee in a notice to the local media that have requested notice
pursuant to Section 54956, by the most rapid means of communication available
at the time.
54954.1. Any person may request that a copy of the agenda, or a copy of all the
documents constituting the agenda packet, of any meeting of a legislative body
be mailed to that person. If requested, the agenda and documents in the agenda
packet shall be made available in appropriate alternative formats to persons with
a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in
implementation thereof. Upon receipt of the written request, the legislative body
or its designee shall cause the requested materials to be mailed at the time the
agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to
all, or a majority of all, of the members of a legislative body, whichever occurs
first. Any request for mailed copies of agendas or agenda packets shall be valid
for the calendar year in which it is filed, and must be renewed following January 1
of each year. The legislative body may establish a fee for mailing the agenda or
agenda packet, which fee shall not exceed the cost of providing the service.
Failure of the requesting person to receive the agenda or agenda packet
pursuant to this section shall not constitute grounds for invalidation of the actions
of the legislative body taken at the meeting for which the agenda or agenda
packet was not received.
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body
of the local agency, or its designee, shall post an agenda containing a brief
general description of each item of business to be transacted or discussed at the
meeting, including items to be discussed in closed session. A brief general
description of an item generally need not exceed 20 words. The agenda shall
specify the time and location of the regular meeting and shall be posted in a
location that is freely accessible to members of the public. If requested, the
agenda shall be made available in appropriate alternative formats to persons with
a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in
implementation thereof. The agenda shalt include information regarding how, to
whom, and when a request for disability related modification or accommodation,
including auxiliary aids or services may be made by a person with a disability
who requires a modification or accommodation in order to participate in the public
meeting. (2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that members of a legislative body or its
staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights under Section 54954.3. In addition, on
their own initiative or in response to questions posed by the public, a member of
a legislative body or its staff may ask a question for clarification, make a brief
announcement, or make a brief report on his or her own activities. Furthermore,
a member of a legislative body, or the body itself, subject to rules or procedures
of the legislative body, may provide a reference to staff or other resources for
factual information, request staff to report back to the body at a subsequent
meeting concerning any matter, or take action to direct staff to place a matter of
business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items
of business not appearing on the posted agenda under any of the conditions
stated below. Prior to discussing any item pursuant to this subdivision, the
legislative body shall publicly identify the item. (1) Upon a determination by a
majority vote of the legislative body that an emergency situation exists, as
defined in Section 54956.5. (2) Upon a determination by atwo-thirds vote of the
members of the legislative body present at the meeting, or, if less than two-thirds
of the members are present, a unanimous vote of those members present, that
there is a need to take immediate action and that the need for action came to the
attention of the local agency subsequent to the agenda being posted as specified
in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar days prior
to the date action is taken on the item, and at the prior meeting the item was
continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of
paragraph (1) of subdivision (b) of Section 3 of Article I of the California
Constitution.
54954.3. (a) Every agenda for regular meetings shall provide an opportunity for
members of the public to directly address the legislative body on any item of
interest to the public, before or during the legislative body's consideration of the
item, that is within the subject matter jurisdiction of the legislative body, provided
that no action shall be taken on any item not appearing on the agenda unless the
action is otherwise authorized by subdivision (b) of Section 54954.2. However,
the agenda need not provide an opportunity for members of the public to address
the legislative body on any item that has already been considered by a
committee, composed exclusively of members of the legislative body, at a public
meeting wherein all interested members of the public were afforded the
opportunity to address the committee on the item, before or during the
committee's consideration of the item, unless the item has been substantially
changed since the committee heard the item, as determined by the legislative
body. Every notice for a special meeting shall provide an opportunity for
members of the public to directly address the legislative body concerning any
item that has been described in the notice for the meeting before or during
consideration of that item.
(b) The legislative body of a local agency may adopt reasonable regulations to
ensure that the intent of subdivision (a) is carried out, including, but not limited to,
regulations limiting the total amount of time' allocated for public testimony on
particular issues and for each individual speaker.
(c) The legislative body of a local agency shall not prohibit public criticism of the
policies, procedures, programs, or services of the agency, or of the acts or
omissions of the legislative body. Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise provided by law.
54954.4. (a) The Legislature hereby finds and declares that Section 12 of
Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies
and school districts for costs mandated by the state pursuant to that act, shall be
interpreted strictly. The intent of the Legislature is to provide reimbursement for
only those costs which are clearly and unequivocally incurred as the direct and
necessary result of compliance with Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials
involved in reviewing or authorizing claims for reimbursement, or otherwise
participating in the reimbursement process, to rigorously review each claim and
authorize only those claims, or parts thereof, which represent costs which are
clearly and unequivocally incurred as the direct and necessary result of
compliance with Chapter 641 of the Statutes of 1986 and for which complete
documentation exists. For purposes of Section 54954.2, costs eligible for
reimbursement shall only include the actual cost to post a single agenda for any
one meeting.
(c) The Legislature hereby finds and declares that complete, faithful, and
uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is
a matter of overriding public importance. Unless specifically stated, no future
Budget Act, or related budget enactments, shall, in any manner, be interpreted to
suspend, eliminate, or otherwise modify the legal obligation and duty of local
agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete,
faithful, and uninterrupted manner.
54954.5. For purposes of describing closed session items pursuant to Section
54954.2, the agenda may describe closed sessions as provided below. No
legislative body or elected official shall be in violation of Section 54954.2 or
54956 if the closed session items were described in substantial compliance with
this section. Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section 54956.7:
LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of
applicants)
(b) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY
NEGOTIATORS Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under negotiation)
Agency negotiator: (Specify names of negotiators attending the closed session)
(If circumstances necessitate the absence of a specified negotiator, an agent or
designee may participate in place of the absent negotiator so long as the name
of the agent or designee is announced at an open session held prior to the
closed session.) Negotiating parties: (Specify name of party (not agent)) Under
negotiation: (Specify whether instruction to negotiator will concern price, terms of
payment, or both)
(c) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL--
EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case:
(Specify by reference to claimant's name, names of parties, case or claim
numbers) or Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations) CONFERENCE
WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to
litigation pursuant to subdivision (b) of Section 54956.9: (Specify number of
potential cases) (In addition to the information noticed above, the agency may
be required to provide additional information on the agenda or in an oral
statement prior to the closed session pursuant to subparagraphs (B) to (E),
inclusive, of paragraph (3) of subdivision (b) of Section 54956.9.) Initiation of
litigation pursuant to subdivision (c) of Section 54956.9: (Specify number of
potential cases)
(d) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name
unless unspecified pursuant to Section 54961) Agency claimed against: (Specify
name)
(e) With respect to every item of business to be discussed in closed session
pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and title of officer,
or name of applicable agency representative and title) PUBLIC EMPLOYEE
APPOINTMENT Title: (Specify description of position to be filled) PUBLIC
EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC
EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of
employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE /DISMISSAL /
RELEASE (No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public employee.
Discipline includes potential reduction of compensation.)
(f) With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated
representatives attending the closed session)' (If circumstances necessitate the
absence of a specified designated representative, an agent or designee may
participate in place of the absent representative so long as the name of the agent
or designee is announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing employee or
employees in question) or Unrepresented employee: (Specify position title of
unrepresented employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section 54957.8: CASE
REVIEW/PLANNING (No additional information is required in connection with a
closed session to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed session
pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or
Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING
TRADE SECRET Discussion will concern: (Specify whether discussion will
concern proposed new service, program, or facility) Estimated date of public
disclosure: (Specify month and year) HEARINGS Subject matter: (Specify
whether testimony/deliberation will concern staff privileges, report of medical
audit committee, or report of quality assurance committee)
(i) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING
INFORMATION PROTECTED BY FEDERAL LAW (No additional information is
required in connection with a closed session to discuss a charge or complaint
pursuant to Section 54956.86.)
(j) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS
AGENCY (Specify by name) Discussion will concern: (Specify closed session
description used by the joint powers agency) Name of local agency
representative on joint powers agency board: (Specify name) (Additional
information listing the names of agencies or titles of representatives attending the
closed session as consultants or other representatives.)
(k) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.75: AUDIT BY BUREAU OF STATE AUDITS
54954.6. (a) (1) Before adopting any new or increased general tax or any new or
increased assessment, the legislative body of a local agency shall conduct ~at
least one public meeting at which local officials shall allow public testimony
regarding the proposed new or increased general tax or new or increased
assessment in addition to the noticed public hearing at which the legislative body
proposes to enact or increase the general tax or assessment. For purposes of
this section, the term "new or increased assessment" does not include any of the
following: (A) A fee that does not exceed the reasonable cost of providing the
services, facilities, or regulatory activity for which the fee is charged. (B) A
service charge, rate, or charge, unless a special district's principal act requires
the service charge, rate, or charge to conform to the requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or lower amount
as any previous year. (D) An assessment that does not exceed an assessment
formula or range of assessments previously specified in the notice given to the
public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that
was previously adopted by the agency or approved by the voters in the area
where the assessment is imposed. (E) Standby or immediate availability
charges. (2) The legislative body shall provide at least 45 days' public notice of
the public hearing at which the legislative body proposes to enact or increase the
general tax or assessment. The legislative body shall provide notice for the
public meeting at the same time and in the same document as the notice for the
public hearing, but the meeting shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the public hearing required
by subdivision (a) with respect to a proposal for a new or increased general tax
shall be accomplished by placing a display advertisement of at least one-eighth
page in a newspaper of general circulation for three weeks pursuant to Section
6063 and by a first-class mailing to those interested parties who have filed a
written request with the local agency for mailed notice of public meetings or
hearings on new or increased general taxes. The public meeting pursuant to
subdivision (a) shall take place no earlier than 10 days after the first publication
of the joint notice pursuant to this subdivision. The public hearing shall take
place no earlier than seven days after the public meeting pursuant to this
subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice
need not include notice of the public meeting after the meeting has taken place.
The public hearing pursuant to subdivision (a) shall take place no earlier than 45
days after the first publication of the joint notice pursuant to this subdivision. Any
written request for mailed notices shall be effective for one year from the date on
which it is filed unless a renewal request is filed. Renewal requests for mailed
notices shall be filed on or before April 1 of each year. The legislative body may
establish a reasonable annual charge for sending notices based on the estimated
cost of providing the service. (2) The notice required by paragraph (1) of this
subdivision shall include, but not be limited to, the following: (A) The amount or
rate of the tax. If the tax is proposed to be increased from any previous year, the
joint notice shall separately state both the existing tax rate and the proposed tax
rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue
to be raised by the tax annually. (D) The method and frequency for collecting the
tax. (E) The dates, times, and locations of the public meeting and hearing
described in subdivision (a). (F) The phone number and address of an individual,
office, or organization that interested persons may contact to receive additional
information about the tax.
(c) (1) The joint notice of both the public meeting and the public hearing required
by subdivision (a) with respect to a proposal for a new or increased assessment
on real property shall be accomplished through a mailing, postage prepaid, in the
United States mail and shall be deemed given when so deposited. The public
meeting pursuant to subdivision (a) shall take place no earlier than 10 days after
the joint mailing pursuant to this subdivision. The public hearing shall take place
no earlier than seven days after the public meeting pursuant to this subdivision.
The envelope or the cover of the mailing shall include the name of the local
agency and the return address of the sender. This mailed notice shall be in at
least 10-point type and shall be given to all property owners proposed to be
subject to the new or increased assessment by a mailing by name to those
persons whose names and addresses appear on the last equalized county
assessment roll or the State Board of Equalization assessment roll, as the case
may be. (2) The joint notice required by paragraph (1) of this subdivision shall
include, but not be limited to, the following: (A) The estimated amount of the
assessment per parcel. If the assessment is proposed to be increased from any
previous year, the joint notice shall separately state both the amount of the
existing assessment and the proposed assessment increase. (B) A general
description of the purpose or improvements that the assessment will fund. (C)
The address to which property owners may mail a protest against the
assessment. (D) The phone number and address of an individual, office, or
organization that interested persons may contact to receive additional information
about the assessment. (E) A statement that a majority protest will cause the
assessment to be abandoned if the assessment act used to levy the assessment
so provides. Notice shall also state the percentage of protests required to trigger
an election, if applicable. (F) The dates, times, and locations of the public
meeting and hearing described in subdivision (a). (G) A proposed assessment
formula or range as described in subparagraph (D) of paragraph (1) of
subdivision (a) if applicable and that is noticed pursuant to this section. (3)
Notwithstanding paragraph (1 ), in the case of an assessment that is proposed
exclusively for operation and maintenance expenses imposed throughout the
entire local agency, or exclusively for operation and maintenance assessments
proposed to be levied on 50,000 parcels or more, notice may be provided
pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and
shall include the estimated amount of the assessment of various types, amounts,
or uses of property and the information required by subparagraphs (B) to (G),
inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1),
in the case of an assessment proposed to be levied pursuant to Part 2
(commencing with Section 22500) of Division 2 of the Streets and Highways
Code by a regional park district, regional park and open-space district, or
regional open-space district formed pursuant to Article 3 (commencing with
Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26
(commencing with Section 35100) of, the Public Resources Code, notice may be
provided pursuant to paragraph (1) of subdivision (b).
(d) The notice requirements imposed by this section shall be construed as
additional to, and not to supersede, existing provisions of law, and shall be
applied concurrently with the existing provisions so as to not delay or prolong the
governmental decisionmaking process. '
(e) This section shall not apply to any new or increased general tax or any' new or
increased assessment that requires an election of either of the following: (1) The
property owners subject to the assessment. (2) The voters within the local
agency imposing the tax or assessment.
(f) Nothing in this section shall prohibit a local agency from holding a
consolidated meeting or hearing at which the legislative body discusses multiple
tax or assessment proposals.
(g) The local agency may recover the reasonable costs of public meetings, public
hearings, and notice required by this section from the proceeds of the tax or
assessment. The costs recovered for these purposes, whether recovered
pursuant to this subdivision or any other provision of law, shall not exceed the
reasonable costs of the public meetings, public hearings, and notice.
(h) Any new or increased assessment that is subject to the notice and hearing
provisions of Article XIIIC or XIIID of the California Constitution is not subject to
the notice and hearing requirements of this section.
54955. The legislative body of a local agency may adjourn any regular,
adjourned regular, special or adjourned special meeting to a time and place
specified in the order of adjournment. Less than a quorum may so adjourn from
time to time. If all members are absent from any regular or adjourned regular
meeting the clerk or secretary of the legislative body may declare the meeting
adjourned to a stated time and place and he shalt cause a written notice of the
adjournment to be given in the same manner as provided in Section 54956 for
special meetings, unless such notice is waived as provided for special meetings.
A copy of the order or notice of adjournment shall be conspicuously posted on or
near the door of the place where the regular, adjourned regular, special or
adjourned special meeting was held within 24 hours after the time of the
adjournment. When a regular or adjourned regular meeting is adjourned as
provided in this section, the resulting adjourned regular meeting is a regular
meeting for all purposes. When an order of adjournment of any meeting fails to
state the hour at which the adjourned meeting is to be held, it shall be held at the
hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
54955.1. Any hearing being held, or noticed or ordered to be held, by a
legislative body of a local agency at any meeting may by order or notice of
continuance be continued or recontinued to any subsequent meeting of the
legislative body in the same manner and to the same extent set forth in Section
54955 for the adjournment of meetings; provided, that if the hearing is continued
to a time less than 24 hours after the time specified in the order or notice of
hearing, a copy of the order or notice of continuance of hearing shall be posted
immediately following the meeting at which the order or declaration of
continuance was adopted or made. '
54956. A special meeting may be called at any time by the presiding officer of
the legislative body of a local agency, or by a majority of the members of the
legislative body, by delivering written notice to each member of the legislative
body and to each local newspaper of general circulation and radio or television
station requesting notice in writing. The notice shall be delivered personally or by
any other means and shall be received at least 24 hours before the time of the
meeting as specified in the notice. The call and notice shall specify the time and
place of the special meeting and the business to be transacted or discussed. No
other business shall be considered at these meetings by the legislative body.
The written notice may be dispensed with as to any member who at or prior to
the time the meeting convenes files with the clerk or secretary of the legislative
body a written waiver of notice. The waiver may be given by telegram. The
written notice may also be dispensed with as to any member who is actually
present at the meeting at the time it convenes. The call and notice shall be
posted at least 24 hours prior to the special meeting in a location that is freely
accessible to members of the public.
54956.5. (a) For purposes of this section, "emergency situation" means both of
the following: (1) An emergency, which shall be defined as a work stoppage,
crippling activity, or other activity that severely impairs public health, safety, or
both, as determined by a majority of the members of the legislative body. (2) A
dire emergency, which shall be defined as a crippling disaster, mass destruction,
terrorist act, or threatened terrorist activity that poses peril so immediate and
significant that requiring a legislative body to provide one-hour notice before
holding an emergency meeting under this section may endanger the public
health, safety, or both, as determined by a majority of the members of the
legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency situation involving
matters upon which prompt action is necessary due to the disruption or
threatened disruption of public facilities, a legislative body may hold an
emergency meeting without complying with either the 24-hour notice requirement
or the 24-hour posting requirement of Section 54956 or both of the notice and
posting requirements. (2) Each local newspaper of general circulation and radio
or television station that has requested notice of special meetings pursuant to
Section 54956 shall be notified by the presiding officer of the legislative body, or
designee thereof, one hour prior to the emergency meeting, or, in the case of a
dire emergency, at or near the time that the presiding officer or designee notifies
the members of the legislative body of the emergency meeting. This notice shall
be given by telephone and all telephone numbers provided in the most recent
request of a newspaper or station for notification of special meetings shall be
exhausted. In the event that telephone services are not functioning, the notice
requirements of this section shall be deemed waived, and the legislative body, or
designee of the legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency meeting, the
purpose of the meeting, and any action taken at the meeting as soon after the
meeting as possible.
(c) During a meeting held pursuant to this section, the legislative body may meet
in closed session pursuant to Section 54957 if agreed to by atwo-thirds vote of
the members of the legislative body present, or, if less than two-thirds of the
members are present, by a unanimous vote of the members present.
(d) All special meeting requirements, as prescribed in Section 54956 shall be
applicable to a meeting called pursuant to this section, with the exception of the
24-hour notice requirement.
(e) The minutes of a meeting called pursuant to this section, a list of persons who
the presiding officer of the legislative body, or designee of the legislative body,
notified or attempted to notify, a copy of the rollcall vote, and any actions taken at
the meeting shall be posted for a minimum of 10 days in a public place as soon
after the meeting as possible.
54956.6. No fees may be charged by the legislative body of a local agency for
carrying out any provision of this chapter, except as specifically authorized by
this chapter.
54956.7. Whenever a legislative body of a local agency determines that it is
necessary to discuss and determine whether an applicant for a license or license
renewal, who has a criminal record, is sufficiently rehabilitated to obtain the
license, the legislative body may hold a closed session with the applicant and the
applicant's attorney, if any, for the purpose of holding the discussion and making
the determination. If the legislative body determines, as a result of the closed
session, that the issuance or renewal of the license should be denied, the
applicant shall be offered the opportunity to withdraw the application. If the
applicant withdraws the application, no record shall be kept of the discussions or
decisions made at the closed session and all matters relating to the closed
session shall be confidential. If the applicant does not withdraw the application,
the legislative body shall take action at the public meeting during which the
closed session is held or at its next public meeting denying the application for the
license but all matters relating to the closed session are confidential and shall not
be disclosed without the consent of the applicant, except in an action by an
applicant who has been denied a license challenging the denial of the license.
54956.75. (a) Nothing contained in this chapter shall be construed to prevent the
legislative body of a local agency that has received a confidential final draft audit
report from the Bureau of State Audits from holding closed sessions to discuss its
response to that report.
(b) After the public release of an audit report by the Bureau of State Audits, if a
legislative body of a local agency meets to discuss the audit report, it shall do so
in an open session unless exempted from that requirement by some other
provision of law.
54956.8. Notwithstanding any other provision of this chapter, a legislative body
of a local agency may hold a closed session with its negotiator prior to the
purchase, sale, exchange, or lease of real property by or for the local agency to
grant authority to its negotiator regarding the price and terms of payment for the
purchase, sale, exchange, or lease. However, prior to the closed session, the
legislative body of the local agency shall hold an open and public session in
which it identifies its negotiators, the real property or real properties which the
negotiations may concern, and the person or persons with whom its negotiators
may negotiate. For purposes of this section, negotiators may be members of the
legislative body of the local agency. For purposes of this section, "lease"
includes renewal or renegotiation of a lease. Nothing in this section shall
preclude a local agency from holding a closed session for discussions regarding
eminent domain proceedings pursuant to Section 54956.9.
54956.81. Notwithstanding any other provision of this chapter, a legislative body
of a local agency that invests pension funds may hold a closed session to
consider the purchase or sale of particular, specific pension fund investments.
All investment transaction decisions made during the closed session shall be
made by rollcall vote entered into the minutes of the closed session as provided
in subdivision (a) of Section 54957.2.
54956.86. Notwithstanding any other provision of this chapter, a legislative body
of a local agency which provides services pursuant to Section 14087.3 of the
Welfare and Institutions Code may hold a closed session to hear a charge or
complaint from a member enrolled in its health plan if the member does not wish
to have his or her name, medical status, or other information that is protected by
federal law publicly disclosed. Prior to holding a closed session pursuant to this
section, the legislative body shall inform the member, in writing, of his or her right
to have the charge or complaint heard in an open session rather than a closed
session.
54956.87. (a) Notwithstanding any other provision of this chapter, the records of
a health plan that is licensed pursuant to the Knox-Keene Health Care Service
Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of
the Health and Safety Code) and that is governed by a county board of
supervisors, whether paper records, records maintained in the management
information system, or records in any other form, that relate to provider rate or
payment determinations, allocation or distribution methodologies for provider
payments, formulas or calculations for these payments, and contract negotiations
with providers of health care for alternative rates are exempt from disclosure for a
period of three years after the contract is fully executed. The transmission of the
records, or the information contained therein in an alternative form, to the board
of supervisors shall not constitute a waiver of exemption from disclosure, and the
records and information once transmitted to the board of supervisors Shall be
subject to this same exemption.
(b) Notwithstanding any other provision of law, the governing board of a health
plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health
and Safety Code) and that is governed by a county board of supervisors may
order that a meeting held solely for the purpose of discussion or taking action on
health plan trade secrets, as defined in subdivision (f), shall be held in closed
session. The requirements of making a public report of action taken in closed
session, and the vote or abstention of every member present, may be limited to a
brief general description without the information constituting the trade secret.
(c) Notwithstanding any other provision of law, the governing board of a health
plan may meet in closed session to consider and take action on matters
pertaining to contracts and contract negotiations by the health plan with providers
of health care services concerning all matters related to rates of payment. The
governing board may delete the portion or portions containing trade secrets from
any documents that were finally approved in the closed session held pursuant to
subdivision (b) that are provided to persons who have made the timely or
standing request.
(d) Nothing in this section shall be construed as preventing the governing board
from meeting in closed session as otherwise provided by law.
(e) The provisions of this section shall not prevent access to any records by the
Joint Legislative Audit Committee in the exercise of its powers pursuant to Article
1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2.
The provisions of this section also shall not prevent access to any records by the
Department of Corporations in the exercise of its powers pursuant to Article 1
(commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and
Safety Code.
(f) For purposes of this section, "health plan trade secret" means a trade secret,
as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets
both of the following criteria: (1) The secrecy of the information is necessary for
the health plan to initiate a new service, program, marketing strategy, business
plan, or technology, or to add a benefit or product. (2) Premature disclosure of
the trade secret would create a substantial probability of depriving the health plan
of a substantial economic benefit or opportunity.
54956.9. Nothing in this chapter shall be construed to prevent a legislative body
of a local agency, based on advice of its legal counsel, from holding a closed
session to confer with, or receive advice from, its legal counsel regarding
pending litigation when discussion in open session concerning those matters
would prejudice the position of the local agency in the litigation. For purposes of
this chapter, all expressions of the lawyer-client privilege other than those
provided in this section are hereby abrogated. This section is the exclusive
expression of the lawyer-client privilege for purposes of conducting closed-
session meetings pursuant to this chapter. For purposes of this section,
"litigation" includes any adjudicatory proceeding, including eminent domain,
before a court, administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator. For purposes of this section, litigation shall be considered
pending when any of the following circumstances exist:
(a) Litigation, to which the local agency is a party, has been initiated formally.
(b) (1) A point has been reached where, in the opinion of the legislative body of
the local agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local
agency. (2) Based on existing facts and circumstances, the legislative body of
the local agency is meeting only to decide whether a closed session is authorized
pursuant to paragraph (1) of this subdivision. (3) For purposes of paragraphs (1)
and (2), "existing facts and circumstances" shall consist only of one of the
following: (A) Facts and circumstances that might result in litigation against the
local agency but which the local agency believes are not yet known to a potential
plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (B)
Facts and circumstances, including, but not limited to, an accident, disaster,
incident, or transactional occurrence that might result in litigation against the
agency and that are known to a potential plaintiff or plaintiffs, which facts or
circumstances shall be publicly stated on the agenda or announced. (C) The
receipt of a claim pursuant to the Tort Claims Act or some other written
communication from a potential plaintiff threatening litigation, which claim or
communication shall be available for public inspection pursuant to Section
54957.5. (D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility of the legislative
body. (E) A statement threatening litigation made by a person outside an open
and public meeting on a specific matter within the responsibility of the legislative
body so long as the official or employee of the local agency receiving knowledge
of the threat makes a contemporaneous or other record of the statement prior to
the meeting, which record shall be available for public inspection pursuant to
Section 54957.5. The records so created need not identify the alleged victim of
unlawful or tortious sexual conduct or anyone making the threat on their behalf,
or identify a public employee who is the alleged perpetrator of any unlawful or
tortuous conduct upon which a threat of litigation is based, unless the identity of
the person has been publicly disclosed. (F) Nothing in this section shalt require
disclosure of written communications that are privileged and not subject to
disclosure pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
(c) Based on existing facts and circumstance's, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation. Prior to
holding a closed session pursuant to this section, the legislative body of tP~e local
agency shall state on the agenda or publicly announce the subdivision of this
section that authorizes the closed session. If the session is closed pursuant to
subdivision (a), the body shall state the title of or otherwise specifically identify
the litigation to be discussed, unless the body states that to do so would
jeopardize the agency's ability to effectuate service of process upon one or more
unserved parties, or that to do so would jeopardize its ability to conclude existing
settlement negotiations to its advantage. A local agency shall be considered to
be a "party" or to have a "significant exposure to litigation" if an officer or
employee of the local agency is a party or has significant exposure to litigation
concerning prior or prospective activities or alleged activities during the course
and scope of that office or employment, including litigation in which it is an issue
whether an activity is outside the course and scope of the office or employment.
54956.95. (a) Nothing in this chapter shall be construed to prevent a joint
powers agency formed pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local
agency member of the joint powers agency, from holding a closed session to
discuss a claim for the payment of tort liability losses, public liability losses, or
workers' compensation liability incurred by the joint powers agency or a local
agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-
Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section
6599.01) of Division 7 of Title 1, or a local agency member of the authority, from
holding a closed session to discuss a claim for the payment of tort liability losses,
public liability losses, or workers' compensation liability incurred by the authority
or a local agency member of the authority.
(c) Nothing in this section shalt be construed to affect Section 54956.9 with
respect to any other local agency.
54956.96. (a) Nothing in this chapter shall be construed to prevent the legislative
body of a joint powers agency formed pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a
bylaw or including in its joint powers agreement provisions that authorize either
or both of the following: (1) All information received by the legislative body of the
local agency member in a closed session related to the information presented to
the joint powers agency in closed session shall be confidential. However, a
member of the legislative body of a member local agency may disclose
information obtained in a closed session that has direct financial ~ or liability
implications for that local agency to the following individuals: (A) Legal counsel
of that member local agency for purposes of obtaining advice on whether the
matter has direct financial or liability implications for that member local agency.
(B) Other members of the legislative body of the local agency present in a closed
session of that member local agency. (2) Any designated alternate member of
the legislative body of the joint powers agency who is also a member' of the
legislative body of a local agency member and who is attending a properly
noticed meeting of the joint powers agency in lieu of a local agency member's
regularly appointed member to attend closed sessions of the joint powers
agency.
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or
includes provisions in its joint powers agreement pursuant to subdivision (a), then
the legislative body of the local agency member, upon the advice of its legal
counsel, may conduct a closed session in order to receive, discuss, and take
action concerning information obtained in a closed session of the joint powers
agency pursuant to paragraph (1) of subdivision (a).
54957. (a) Nothing contained in this chapter shall be construed to prevent the
legislative body of a local agency from holding closed sessions with the Attorney
General, district attorney, agency counsel, sheriff, or chief of police, or their
respective deputies, or a security consultant or a security operations manager,
on matters posing a threat to the security of public buildings, a threat to the
security of essential public services, including water, drinking water, wastewater
treatment, natural gas service, and electric service, or a threat to the public's right
of access to public services or public facilities.
(b) (1) Subject to paragraph (2), nothing contained in this chapter shall be
construed to prevent the legislative body of a local agency from holding closed
sessions during a regular or special meeting to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of a public
employee or to hear complaints or charges brought against the employee by
another person or employee unless the employee requests a public session. (2)
As a condition to holding a closed session on specific complaints or charges
brought against an employee by another person or employee, the employee shall
be given written notice of his or her right to have the complaints or charges heard
in an open session rather than a closed session, which notice shall be delivered
to the employee personally or by mail at least 24 hours before the time for
holding the session. If notice is not given, any disciplinary or other action taken
by the legislative body against the employee based on the specific complaints or
charges in the closed session shall be null and void. (3) The legislative body
also may exclude from the public or closed meeting, during the examination of a
witness, any or all other witnesses in the matter being investigated by the
legislative body. (4) For the purposes of this subdivision, the term "employee"
shall include an officer or an independent contractor who functions as an officer
or an employee but shall not include any elected official, member of a~ legislative
body or other independent contractors. Nothing in this subdivision shall limit
local officials' ability to hold closed session meetings pursuant to Sections 1461,
32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3
of the Government Code. Closed sessions held pursuant to this subdivision shall
not include discussion or action on proposed compensation except for a
reduction of compensation that results from
the imposition of discipline.
54957.1. (a) The legislative body of any local agency shall publicly report any
action taken in closed session and the vote or abstention on that action of every
member present, as follows: (1) Approval of an agreement concluding real
estate negotiations pursuant to Section 54956.8 shall be reported after the
agreement is final, as follows: (A) If its own approval renders the agreement
final, the body shall report that approval and the substance of the agreement in
open session at the public meeting during which the closed session is held. (B) If
final approval rests with the other party to the negotiations, the local agency shall
disclose the fact of that approval and the substance of the agreement upon
inquiry by any person, as soon as the other party or its agent has informed the
local agency of its approval. (2) Approval given to its legal counsel to defend, or
seek or refrain from seeking appellate review or relief, or to enter as an amicus
curiae in any form of litigation as the result of a consultation under Section
54956.9 shall be reported in open session at the public meeting during which the
closed session is held. The report shall identify, if known, the adverse party or
parties and the substance of the litigation. In the case of approval given to initiate
or intervene in an action, the announcement need not identify the action, the
defendants, or other particulars, but shall specify that the direction to initiate or
intervene in an action has been given and that the action, the defendants, and
the other particulars shall, once formally commenced, be disclosed to any person
upon inquiry, unless to do so would jeopardize the agency's ability to effectuate
service of process on one or more unserved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of pending litigation, as
defined in Section 54956.9, at any stage prior to or during a judicial or quasi-
judicial proceeding shall be reported after the settlement is final, as follows: (A) If
the legislative body accepts a settlement offer signed by the opposing party, the
body shall report its acceptance and identify the substance of the agreement in
open session at the public meeting during which the closed session is held. (B) If
final approval rests with some other party to the litigation or with the court, then
as soon as the settlement becomes final, and upon inquiry by any person, the
local agency shall disclose the fact of that approval, and identify the substance of
the agreement. (4) Disposition reached as to claims discussed in closed session
pursuant to Section 54956.95 shall be reported as soon as reached in a manner
that identifies the name of the claimant, the name of the local agency claimed
against, the substance of the claim, and any monetary amount approved for
payment and agreed upon by the claimant. (5) Action taken to appoint, employ,
dismiss, accept the resignation of, or otherwise affect the employment~status of a
public employee in closed session pursuant to Section 54957 shall be reported at
the public meeting during which the closed session is held. Any report required
by this paragraph shall identify the title of the position. The general requirement
of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal
of an employment contract shall be deferred until the first public meeting
following the exhaustion of administrative remedies, if any. (6) Approval of an
agreement concluding labor negotiations with represented employees pursuant
to Section 54957.6 shall be reported after the agreement is final and has been
accepted or ratified by the other party. The report shall identify the item approved
and the other party or parties to the negotiation. (7) Pension fund investment
transaction decisions made pursuant to Section 54956.81 shall be disclosed at
the first open meeting of the legislative body held after the earlier of the close of
the investment transaction or the transfer of pension fund assets for the
investment transaction.
(b) Reports that are required to be made pursuant to this section may be made
orally or in writing. The legislative body shall provide to any person who has
submitted a written request to the legislative body within 24 hours of the posting
of the agenda, or to any person who has made a standing request for all
documentation as part of a request for notice of meetings pursuant to Section
54954.1 or 54956, if the requester is present at the time the closed session ends,
copies of any contracts, settlement agreements, or other documents that were
finally approved or adopted in the closed session. If the action taken results in
one or more substantive amendments to the related documents requiring
retyping, the documents need not be released until the retyping is completed
during normal business hours, provided that the presiding officer of the legislative
body or his or her designee orally summarizes the substance of the amendments
for the benefit of the document requester or any other person present and
requesting the information.
(c) The documentation referred to in subdivision (b) shall be available to any
person on the next business day following the meeting in which the action
referred to is taken or, in the case of substantial amendments, when any
necessary retyping is complete.
(d) Nothing in this section shall be construed to require that the legislative body
approve actions not otherwise subject to legislative body approval.
(e) No action for injury to a reputational, liberty, or other personal interest may be
commenced by or on behalf of any employee or former employee with respect to
whom a disclosure is made by a legislative body in an effort to comply with this
section.
(f) This section is necessary to implement, and reasonably within the scope of,
paragraph (1) of subdivision (b) of Section 3 of Article I of the California
Constitution.
54957.2. (a) The legislative body of a local agency may, by ordinance or
resolution, designate a clerk or other officer or employee of the local agency who
shall then attend each closed session of the legislative body and keep and enter
in a minute book a record of topics discussed and decisions made• at the
meeting. The minute book made pursuant to this section is not a public record
subject to inspection pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and shall be kept
confidential. The minute book shall be available only to members of the
legislative body or, if a violation of this chapter is alleged to have occurred at a
closed session, to a court of general jurisdiction wherein the local agency lies.
Such minute book may, but need not, consist of a recording of the closed
session.
(b) An elected legislative body of a local agency may require that each legislative
body all or a majority of whose members are appointed by or under the authority
of the elected legislative body keep a minute book as prescribed under
subdivision (a).
54957.5. (a) Notwithstanding Section 6255 or any other provisions of law,
agendas of public meetings and any other writings, when distributed to all, or a
majority of all, of the members of a legislative body of a local agency by any
person in connection with a matter subject to discussion or consideration at an
open meeting of the body, are disclosable public records under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1), and shall be made available upon request without delay. However, this
section shall not include any writing exempt from public disclosure under Section
6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, or 6254.22.
(b) (1) If a writing that is a public record under subdivision (a), and that relates to
an agenda item for an open session of a regular meeting of the legislative body
of a local agency, is distributed less than 72 hours prior to that meeting, the
writing shall be made available for public inspection pursuant to paragraph (2) at
the time the writing is distributed to all, or a majority of all, of the members of the
body. (2) A local agency shall make any writing described in paragraph (1)
available for public inspection at a public office or location that the agency shall
designate for this purpose. Each local agency shall list the address of this office
or location on the agendas for all meetings of the legislative body of that agency.
The local agency also may post the writing on the local agency's Internet Web
site in a position and manner that makes it clear that the writing relates to an
agenda item for an upcoming meeting. (3) This subdivision shall become
operative on July 1, 2008.
(c) Writings that are public records under subdivision (a) and that are distributed
during a public meeting shall be made available for public inspection at the
meeting if prepared by the local agency or a member of its legislative body, or
after the meeting if prepared by some other person. These writings shall be
made available in appropriate alternative formats upon request by a person with
a disability, as required by Section 202 of the' Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in
implementation thereof.
(d) Nothing in this chapter shall be construed to prevent the legislative body of a
local agency from charging a fee or deposit for a copy of a public record pursuant
to Section 6253, except that no surcharge shall be imposed on persons with
disabilities in violation of Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in
implementation thereof.
(e) This section shall not be construed to limit or delay the public's right to inspect
or obtain a copy of any record required to be disclosed under the requirements of
the California Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1). Nothing in this chapter shall be construed to require a
legislative body of a local agency to place any paid advertisement or any other
paid notice in any publication.
54957.6. (a) Notwithstanding any other provision of law, a legislative body of a
local agency may hold closed sessions with the local agency's designated
representatives regarding the salaries, salary schedules, or compensation paid in
the form of fringe benefits of its represented and unrepresented employees, and,
for represented employees, any other matter within the statutorily provided scope
of representation. However, prior to the closed session, the legislative body of
the local agency shall hold an open and public session in which it identifies its
designated representatives. Closed sessions of a legislative body of a local
agency, as permitted in this section, shall be for the purpose of reviewing its
position and instructing the local agency's designated representatives. Closed
sessions, as permitted in this section, may take place prior to and during
consultations and discussions with representatives of employee organizations
and unrepresented employees. Closed sessions with the local agency's
designated representative regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits may include discussion of an
agency's available funds and funding priorities, but only insofar as these
discussions relate to providing instructions to the local agency's designated
representative. Closed sessions held pursuant to this section shall not include
final action on the proposed compensation of one or more unrepresented
employees. For the purposes enumerated in this section, a legislative body of a
local agency may also meet with a state conciliator who has intervened in the
proceedings.
(b) For the purposes of this section, the term "employee" shall include an officer
or an independent contractor who functions as an officer or an employee, but
shall not include any elected official, member of a legislative body, or other
independent contractors.
54957.7. (a) Prior to holding any closed session, the legislative body of the local
agency shall disclose, in an open meeting, the item or items to be discussed in
the closed session. The disclosure may take the form of a reference to the item
or items as they are listed by number or letter on the agenda. In the closed
session, the legislative body may consider only those matters covered in its
statement. Nothing in this section shall require or authorize a disclosure of
information prohibited by state or federal law.
(b) After any closed session, the legislative body shall reconvene into open
session prior to adjournment and shall make any disclosures required by Section
54957.1 of action taken in the closed session.
(c) The announcements required to be made in open session pursuant to this
section may be made at the location announced in the agenda for the closed
session, as long as the public is allowed to be present at that location for the
purpose of hearing the announcements.
54957.8. (a) For purposes of this section, "multijurisdictional law enforcement
agency" means a joint powers entity formed pursuant to Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law
enforcement services for the parties to the joint powers agreement for the
purpose of investigating criminal activity involving drugs; gangs; sex crimes;
firearms trafficking or felony possession of a firearm; high technology, computer,
or identity theft; human trafficking; or vehicle theft.
(b) Nothing contained in this chapter shall be construed to prevent the legislative
body of a multijurisdictional law enforcement agency, or an advisory body of a
multijurisdictional law enforcement agency, from holding closed sessions to
discuss the case records of any ongoing criminal investigation of the
multijurisdictional law enforcement agency or of any party to the joint powers
agreement, to hear testimony from persons involved in the investigation, and to
discuss courses of action in particular cases.
54957.9. In the event that any meeting is willfully interrupted by a group or
groups of persons so as to render the orderly conduct of such meeting unfeasible
and order cannot be restored by the removal of individuals who are willfully
interrupting the meeting, the members of the legislative body conducting the
meeting may order the meeting room cleared and continue in session. Only
matters appearing on the agenda may be considered in such a session.
Representatives of the press or other news media, except those participating in
the disturbance, shall be allowed to attend any session held pursuant to this
section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmitting an individual or individuals not
responsible for willfully disturbing the orderly conduct of the meeting.
54957.10. Notwithstanding any other provision of law, a legislative body of a
local agency may hold closed sessions to discuss a local agency employee's
application for early withdrawal of funds in a deferred compensation plan when
the application is based on financial hardship arising from an unforeseeable
emergency due to illness, accident, casualty, or other extraordinary event, as
specified in the deferred compensation plan.
54958. The provisions of this chapter shall apply to the legislative body of every
local agency notwithstanding the conflicting provisions of any other state law.
54959. Each member of a legislative body who attends a meeting of that
legislative body where action is taken in violation of any provision of this chapter,
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 this chapter, is
guilty of a misdemeanor.
54960. (a) The district attorney or any interested person may commence an
action by mandamus, injunction or declaratory relief for the purpose of stopping
or preventing violations or threatened violations of this chapter by members of
the legislative body of a local agency or to determine the applicability of this
chapter to actions or threatened future action of the legislative body, or to
determine whether any rule or action by the legislative body to penalize or
otherwise discourage the expression of one or more of its members is valid or
invalid under the laws of this state or of the United States, or to compel the
legislative body to tape record its closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of Section
54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative
body to tape record its closed sessions and preserve the tape recordings for the
period and under the terms of security and confidentiality the court deems
appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date of the
closed session recorded and the title of the clerk or other officer who shall be
custodian of the recording. (2) The tapes shall be subject to the following
discovery procedures: (A) In any case in which discovery or disclosure of the
tape is sought by either the district attorney or the plaintiff in a civil action
pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this
chapter has occurred in a closed session which has been recorded pursuant to
this section, the party seeking discovery or disclosure shall file a written notice of
motion with the appropriate court with notice to the governmental agency which
has custody and control of the tape recording. The notice shall be given
pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B)
The notice shall include, in addition to the items required by Section 1010 of the
Code of Civil Procedure, all of the following: (i) Identification of the proceeding in
which discovery or disclosure is sought, the party seeking discovery or
disclosure, the date and time of the meeting recorded, and the governmental
agency which has custody and control of the recording. (ii) An affidavit which
contains specific facts indicating that a violation of the act occurred in the closed
session. (3) If the court, following a review of the motion, finds that there 'is good
cause to believe that a violation has occurred, the court may review, in camera,
the recording of that portion of the closed session alleged to have violated the
act. (4) If, following the in camera review, the court concludes that disclosure of
a portion of the recording would be likely to materially assist in the resolution of
the litigation alleging violation of this chapter, the court shall, in its discretion,
make a certified transcript of the portion of the recording a public exhibit in the
proceeding. (5) Nothing in this section shall permit discovery of communications
which are protected by the attorney-client privilege.
54960.1. (a) The district attorney or any interested person may commence an
action by mandamus or injunction for the purpose of obtaining a judicial
determination that an action taken by a legislative body of a local agency in
violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null
and void under this section. Nothing in this chapter shall be construed to prevent
a legislative body from curing or correcting an action challenged pursuant to this
section.
(b) Prior to any action being commenced pursuant to subdivision (a), the district
attorney or interested person shall make a demand of the legislative body to cure
or correct the action alleged to have been taken in violation of Section 54953,
54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing
and clearly describe the challenged action of the legislative body and nature of
the alleged violation.
(c) (1) The written demand shall be made within 90 days from the date the action
was taken unless the action was taken in an open session but in violation of
Section 54954.2, in which case the written demand shall be made within 30 days
from the date the action was taken. (2) Within 30 days of receipt of the demand,
the legislative body shall cure or correct the challenged action and inform the
demanding party in writing of its actions to cure or correct or inform the
demanding party in writing of its decision not to cure or correct the challenged
action. (3) If the legislative body takes no action within the 30-day period, the
inaction shall be deemed a decision not to cure or correct the challenged action,
and the 15-day period to commence the action described in subdivision (a) shall
commence to run the day after the 30-day period to cure or correct expires. (4)
Within 15 days of receipt of the written notice of the legislative body's decision to
cure or correct, or not to cure or correct, or within 15 days of the expiration of the
30-day period to cure or correct, whichever is earlier, the demanding party shall
be required to commence the action pursuant to subdivision (a) or thereafter be
barred from commencing the action.
(d) An action taken that is alleged to have been taken in violation of Section
54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 shall not be determined to
be null and void if any of the following conditions exist: (1) The action taken was
in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6,
54956, and 54956.5. (2) The action taken was in connection with the 'sale or
issuance of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement thereto. (3) The action taken gave rise to a contractual
obligation, including a contract let by competitive bid other than compensation for
services in the form of salary or fees for professional services, upon which a
party has, in good faith and without notice of a challenge to the validity of the
action, detrimentally relied. (4) The action taken was in connection with the
collection of any tax. (5) Any person, city, city and county, county, district, or any
agency or subdivision of the state alleging noncompliance with subdivision (a) of
Section 54954.2, Section 54956, or Section 54956.5, because of any defect,
error, irregularity, or omission in the notice given pursuant to those provisions,
had actual notice of the item of business at least 72 hours prior to the meeting at
which the action was taken, if the meeting was noticed pursuant to Section
54954.2, or 24 hours prior to the meeting at which the action was taken if the
meeting was noticed pursuant to Section 54956, or prior to the meeting at which
the action was taken if the meeting is held pursuant to Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision (a)
if the court determines, pursuant to a showing by the legislative body that an
action alleged to have been taken in violation of Section 54953, 54954.2,
54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a
subsequent action of the legislative body, the action filed pursuant to subdivision
(a) shall be dismissed with prejudice.
(f) The fact that a legislative body takes a subsequent action to cure or correct an
action taken pursuant to this section shall not be construed or admissible as
evidence of a violation of this chapter.
54960.5. A court may award court costs and reasonable attorney fees to the
plaintiff in an action brought pursuant to Section 54960 or 54960.1 where it is
found that a legislative body of the local agency has violated this chapter. The
costs and fees shall be paid by the local agency and shall not become a personal
liability of any public officer or employee of the local agency. A court may award
court costs and reasonable attorney fees to a defendant in any action brought
pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a
final determination of such action and the court finds that the action was clearly
frivolous and totally lacking in merit.
54961. (a) No legislative body of a local agency shall conduct any meeting in
any facility that prohibits the admittance of any person, or persons, on the basis
of ancestry or any characteristic listed or defined in Section 11135, or which is
inaccessible to disabled persons, or where members of the public may not be
present without making a payment or purchase. This section shall apply to every
local agency as defined in Section 54951. '
(b) No notice, agenda, announcement, or report required under this chapter need
identify any victim or alleged victim of tortuous sexual conduct or child abuse
unless the identity of the person has been publicly disclosed.
54962. Except as expressly authorized by this chapter, or by Sections 1461,
1462, 32106, and 32155 of the Health and Safety Code, or by Sections 37606,
37606.1, and 37624.3 of the Government Code as they apply to hospitals, or by
any provision of the Education Code pertaining to school districts and community
college districts, no closed session may be held by any legislative body of any
local agency.
54963. (a) A person may not disclose confidential information that has been
acquired by being present in a closed session authorized by Section 54956.7,
54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or 54957.10 to
a person not entitled to receive it, unless the legislative body authorizes
disclosure of that confidential information.
(b) For purposes of this section, "confidential information" means a
communication made in a closed session that is specifically related to the basis
for the legislative body of a local agency to meet lawfully in closed session under
this chapter.
(c) Violation of this section may be addressed by the use of such remedies as
are currently available by law, including, but not limited to: (1) Injunctive relief to
prevent the disclosure of confidential information prohibited by this section. (2)
Disciplinary action against an employee who has willfully disclosed confidential
information in violation of this section. (3) Referral of a member of a legislative
body who has willfully disclosed confidential information in violation of this
section to the grandjury.
(d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require
that the employee in question has either received training as to the requirements
of this section or otherwise has been given notice of the requirements of this
section.
(e) A local agency may not take any action authorized by subdivision (c) against
a person, nor shall it be deemed a violation of this section, for doing any of the
following: (1) Making a confidential inquiry or complaint to a district attorney or
grand jury concerning a perceived violation of law, including disclosing facts to a
district attorney or grand jury that are necessary to establish the illegality of an
action taken by a legislative body of a local agency or the potential illegality of an
action that has been the subject of deliberation at a closed session if that action
were to be taken by a legislative body of a local agency. (2) Expressing an
opinion concerning the propriety or legality of actions taken by a legislative body
of a local agency in closed session, including disclosure of the nature and extent
of the illegal or potentially illegal action. (3) Disclosing information acq~iired by
being present in a closed session under this chapter that is not confidential
information.
(f) Nothing in this section shall be construed to prohibit disclosures under the
whistleblower statutes contained in Section 1102.5 of the Labor Code or Article
4.5 (commencing with Section 53296) of Chapter 2 of this code.
SECTI®IV 403-420°1
403. Every person who, without authority of law, willfully disturbs or breaks up
any assembly or meeting that is not unlawful in its character, other than an
assembly or meeting referred to in Section 302 of the Penal Code or Section
18340 of the Elections Code, is guilty of a misdemeanor.
~~CC~ ~~~~~ ~~~~ ~~~~~~~
SECTION 40fi. Interference in Administrative Service. Neither the City
Council nor any of its members shall interfere with the execution by the City
Manager of his/her powers and duties; or order, directly or indirectly, the
appointment by the City Manager or by any of the department heads in the
administrative service of the City, of any person to an office or employment or
removal therefrom. Except for the purpose of inquiry, the City Council and its
members shall deal with the administrative service under the City Manager solely
through the City Manager and neither the City Council nor any member thereof
shall give orders to any subordinate of the City Manager, either publicly or
privately.