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HomeMy WebLinkAbout060492 RDA AgendaAGENDA CITY OF TEMECULA OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE A REGULAR MEETING TEMECULA CITY HALL - MAIN CONFERENCE ROOM 43174 Business Park Drive JUNE 4, 1992 - 6:00 PM CALL TO ORDER: Flag Salute ROLL CALL: Committee Members: Executive Director David F, Dixon presiding Agency Secretary June S. Greek Bridges, Grey, Jenkins, Maurice, Pelonero, Reed, Walton PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda or on the consent Calendar, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. COMMITTEE BUSINESS SweariRa In Ceremony City Clerk/Agency Secretary June Greek 2 Committee Introductions Self Introductions by Members of the Committee 3 Executive Director's Overview of the Committee Presentation by Executive Director David Dixon 2/ageride/061290 1 4 Drawinq for Terms of Office RECOMMENDATION: 4.1 Draw lots to determine which Committee Members will serve as appointed and elected members. 4.2 Draw lots to determine terms of office for appointed members. 5 Election of Chairperson and Vice-Chairperson RECOMMENDATION: 5.1 Elect a member of the committee to serve as the Chairperson for a term of one- year. 5.2 Elect a member of the committee to serve as the Vice-Chairperson for a term of one year. 6 Review of Committee Manual RECOMMENDATION: 6.1 Review materials provided in notebook Committee Bylaws Map of the Old Town Subzone "Open and Public" the Ralph M. Brown Act Handbook for Boards, Committees and Commissions Conflict of Interest Code and filing forms EXECUTIVE DIRECTOR'S REPORT COMMITTEE MEMBER REPORTS ADJOURNMENT Next regular meeting: July 7, 1992, 6:00 PM, Temecula City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California BY-LAWS OF THE OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE ARTICLE I Purpose of the Committee The Old Town Redevelopment Advisory Committee ("Committee") shall serve as the means through which the community can participate with the Temecula Redevelopment Agency (the "Agency") in the planning and implementing of the Redevelopment Plan ("Plan") for the Old Town portion of the Temecula Redevelopment Project Area No. 1-1988 (the "Old Town Area"). The Old Town Area is delineated on the map attached hereto and incorporated by this reference. To accomplish this, the Committee will review, evaluate and submit written reports to the Agency and/or the City on any and all redevelopmerit actions proposed to be undertaken by the Agency and/or the City in furtherance of redevelopment conducted within the Old Town Area. ARTICLE II Creation and Termination of the Committee The Committee shall be created by resolution of the Agency and shall expire with the termination of the Plan. 2/CityAtiy/Byllwl. RDA 1 05/28/92 ARTICLE III Members Section 1. Membership The membership of the Committee shall consist of seven (7) members, four (4) of whom shall be elected and three (3) of who shall be appointed, in the manner herein provided and according to the conditions of eligibility herein provided. Members shall not receive compensation for their service on the Committee. Section 2. Eliaibilitv for Membership. A. "Eligible person" as used herein shall mean a natural person 18 years or older who resides in the Old Town Area or who works in the Old Town Area and owns, leases and/or operates a business entity (for profit or not for profit) which has its principal place of business located within the boundaries of the Old Town Area. B. For purposes of this section, a "principal place of business" may be determined with reference to, without limitation, the annual statement of general information required to be filed with the Secretary of State by every corporation pursuant to Corporations Code Section 1502. For purposes of this section, residency in the Old Town Area may be determined with reference to, without limitation, a driver's license, tax or utility bill, or a business license. C. Failure to abide by the eligibility requirements stated herein shall be deemed a vacancy subject to the provisions of Section 4 of this Article. D. No current member of the Agency shall serve as a member of the Committee. 21CityAtty/ByllwI.RDA 2 05/28/92 Section 3. Membership Terms A. Appointed Members: Upon the initial creation of the Committee, three eligible persons shall be appointed members by the Agency, two of whom shall serve for terms of four (4) years, and one for a term of two (2) years. At the expiration of the initial terms, the Agency shall appoint eligible persons as successor members for terms of four (4) years. B. Elected Members: Upon the initial creation of the Committee, the Agency shall appoint four eligible persons to serve as members until the first elected members take office following the initial election. Upon the initial election, the two persons receiving the highest number of votes shall serve terms of four (4) years each, while the two persons receiving the lowest number of votes shall serve terms of two (2) years each. At the conclusion of the initial terms of office, persons elected to the Committee shall serve for terms of four (4) years. Section 4. VaCancies The membership of any member on the Committee shall be vacated whenever any of the following occur: A. By more than three (3) consecutive unexcused absences from any of the meetings of the Committee. 21CityAttylBylBwm,FIDA 3 06128192 B. By death of a member. C. By resignation of a member. D. By the failure of the member to maintain eligibility for membership as specified in Article Ill, Section 2 herein. E. If a special election to impeach an elected member is successful where the grounds for impeachment are gross misconduct; upon the same grounds, a majority of the Agency may vote to remove an appointed member. Notice of a vacancy shall be sent to the affected member and said vacancy may be appealed by that member to the Agency with the decision of the Agency being final. Any vacancy occurring in the membership of the Committee shall be filled by majority vote of the Agency by an eligible person for the remainder of the unexpired term of the vacated member. ARTICLE IV Procedure for ElectinQ and AODointing Members Section I. Public Notice "Public Notice" as required herein, shall mean either or all of the following, as designated herein: 21CityAttylBylews,FIDA 4 05128/92 A. Notice sent via first-class United States mail service to all natural persons who reside within the boundaries of the Old Town Area. B. Notice delivered to all business entities located within the boundaries of the 01d Town Area. C. Notice posed at the fire station located within the 01d Town Area, a conspicuous place at Sam Hicks Park, a conspicuous place at the location of the Temecula Community Center and at each lobby or entrance of all multi-family buildings in the 01d Town Area. D. Notice published in a paper of general circulation within the Old Town Area once a week for a period of two weeks. Section 2. Initial Membership The Agency may make interim appointments of four (4) members of the Redevelopment Agency Committee until the time of the first biannual elections. Section 3. Procedure for Nominatinq Elected Members biannually on January 1. Elections shall be held A. Nominations: Public notice shall be provided pursuant to Section 1 (B), (C) and (D) of this Article two (2) months before the date of the election requesting the submission of the names of eligible nominees. Said notice shall provide the location where nomination 2/CityAtly/Bylawl,RDA 6 05128/92 applications are available and the final date for their submission. The nomination application shall list the name of the candidate, include an affidavit of eligibility pursuant to Article III, Section 2 and shall contain the signatures of ten (10) eligible persons in order to place the name of the candidate on the ballot. B. Elections: Ballots shall be mailed by the 30th day in November preceding the January 1 election date to every eligible person within the Old Town Area. The ballots shall include an affidavit of eligibility and shall state that they are to be returned, postmarked no later than January I of the election year. Only one vote is allowed per eligible person. The Secretary will complete the ballot count by January 15 of the election year and new members will be sworn in at the first meeting of the Committee in February. Section 5. Political Reform Act Compliance All members, whether appointed or elected shall comply with the disclosure and disqualification provisions of the Political Reform Act (Government Code Section 87100 et see.). ARTICLE V Internal Organization and Staffing Section 1. Officers By majority vote of the members, there shall be selected one member to act as chairperson and another member to act as vice chairperson. The term of these offices shall be one year and no member holding the same office for more than two consecutive terms. Vacancies in any of these offices shall be filled by majority vote of the membership. 2/CityAtty/Byl~ws,RDA 6 05/28/92 Section 2. Staff A. Executive Director: The Executive Director of the Agency shall be the Executive Director of the Committee. The Executive Director's duties shall include, without limitation, making requests of the Agency for additional staffing and/or funds for the administration of the Committee. B. Secretary: The Secretary of the Agency shall act as the Secretary of the Committee. The Secretary's duties shall include, without limitation, collecting and distributing to each Committee member all non-privileged material and documentation relating to proposed redevelopment activity by the Agency affecting the Old Town Area. C. Counsel: of the Committee. The General Counsel of the Agency shall be the General Counsel ARTICLE VI Meetin,qs Section 1. ReQular MeetinQs Meetings shall be held once a month on the first Tuesday of every month; provided, however, that should such a date be a legal holiday, the regular meeting shall be held on the next business day which is not a legal holiday or may be cancelled by resolution of the Committee. A quorum of four (4) members is required to conduct a meeting; any meeting failing to achieve a quorum shall be adjourned. A majority vote of the quorum shall be necessary to pass any resolution of the Committee. The committee shall be subject to and abide by the open meeting provisions found in the Brown Act (Government Code Sections 54950 et ~eq.), including those provisions governing the holding of special meetings. The protocol for all meetings shall be conducted pursuant to the rules contained in the current edition of Roberts Rules of Order. ARTICLE VII Amendment of Reaulati0ns The Regulations of this Committee can be amended by resolution of the Agency. N side of 6th Street S side of Is~ Street W side of 15 fen~ line W side of P~jol Street fence line In~eude exiting Fire House and Monument property Include Town A~soeiation property on w~t side of ~ree~ SUBAREA 2 (modified I Y0~R GUIDE TO OPEN MEETINGS: T-w. RALPH M. BROWN ACT You may be wondering why you're reading this. All you wanted to know was whether or not the board of supervi- sors could hold last evening's meeting in private. "Can they do that?" you asked yourself. "Is there a law which guides government's ability to meet in secret?" Then someone handed you this book and said, "Read this!" And what is this? This is a guide to California's open meeting law, known as the Brown Act. It's a citizen's look at the state's open meeting law which guides local government. It's not very technical, not too tedious, and not so complicated that you need a lawyer to explain it to you. It's a clear, straightforward, and brief explanation of the who, what, where, and when of public meetings. So if you're wondering about open meeting laws, READ THIS! YOUR GUIDE TO OPEN MEETINGS: T~ RALPH M. BROWN ACT SUMMARY OF THE "BROWN ACT" C~r.TFORNIA'S OPEN MEETING LAW Government Code Section 54950 - 54962 ISSUE BROWN ACT (Local M~mher Bodies) Coverage Advisory Committees Meeting Defined Secret Ballots and Semi-closed Meetings Public Participa- tion at Meeting Notice of Regular Meeting Notice of Special Meeting Local multi-member bodies. (§ 54952) Covered unless comprised solely of than a quorum of the parent body. (§ 54952.3) less Any gathering, formal or informal, of a quorum of the body at which information about the business of the body is received, discussed or voted upon. Meals, seminars, conferences, and serial communications may be included. Prohibited. Extensive safeguards regarding rights to attend and tape-record meetings and the right of the public to receive the same information provided to the members of the body. (§§ 54953.3, 54953,5, 54957.5, 11123, 11124, 11124.1, 11125.1.) The Brown Act specifically requires the body to provide for public testimony at meetings. (§ 54954.3) 72-hour notice, including binding agenda with brief general description of items to be covered at meeting. (§ 54954.2) 24-hour notice, including binding agenda with specific description of items to be covered at meeting. (§ 54956) ISSUE BROWN ACT (Local Member Bodies) Notice of Emergency Meetings Notice of Advisory Committees Notice of Closed Sessions Closed Session Exception Basic Requirements Personnel Pending Litigation 1-hour notice, specific agenda, limited to crippling disasters and work stoppages. (§ 54956.5) Regular advisory committee meetings must be noticed in bylaws. Others require 24-hour notice. (§ 54952.3; §§ 54954.2 and 54954.3) Noticed like other meetings and general reasons for closed session must be given. Body may provide statutory authorization for meeting. (§§ 54954.2, 54957.7) All closed sessions must be expressly authorized. (§§ 54962, 11132) May be used to consider appointment, employment, dismissal or performance of employees and a variety of high level appointed officials enumerated in section 54957. Exemption not applicable to elected officials. (§ 54957) Express definition of pending litigation, including specific procedures for implementation. The pending litigation exception is the exclusive application of the attorney-client privilege to closed sessions. (§§ 54956.9, 11126(q)) ISSUE BROWN ACT ( Local M-mher Bodies ) Real Property Negotiations Quasi-Judicial Deliberations Labor Negotiations Public Records & Confidentiality Privileges Minute Book Remedies Criminal Penalties Civil Remedy- Injunctive Civil Remedy Voidability of Action Civil Remedy Attorneys Fees May be used to advise negotiator regarding price and terms when property and parties are publicly identified in advance. (§§ 54956.8, 11126(i)) The Brown Act contains no exemption for these purposes. May be used to advise negotiator regarding negotiations with represented and unrepresented employees. (§§ 54957.6, 11126(0)) Closed sessions must be expressly authorized. Closed sessions are not permitted based on implicit authorization of general public record or confidentiality statutes. (§§ 54962, 11132) Confidential minute book of closed session transactions may be kept by body. (§ 54957.2) Misdemeanor sanctions when "action taken" with knowledge of violation. (§§ 54952.6, 54959) Interested persons may bring suit for injunctive mandamus or declaratory relief. (§§ 54960, 11130) Interested citizen may bring suit to have action taken in violation of Brown Act declared null and void. Suit generally must be brought within 15 days after the body has had 30 days to cure the violation. (§ 54960.1) Successful plaintiffs and successful defendants in frivolous actions may be awarded attorneys fees. (§§ 54960.5, 11130.5) ". ~1I ,u,etin.~ Of the hX, ishttiT~r body local al~enty shall he ofirn tllld public'. ethel all pH'SOnS .sitall he ptT'milled to attend an~, meelin.~ o/ Ihe b'Lri.~lalWr bod~' O/tl hH'(l[ tl,~rt'tltT.., " A user's guide to the Ralph M. Brown Act ",111 meettn,t~s' O/Ihe h',t~6sDtlive body t~[ ez local al~t',,ty shall be ,~p,'n tutd public, (Did all pHzs'o,,~ shall be pt'Fmilled Io attend any nteetin,~ the b~slative body O/ a b~cal by Ted Fourkas March, 1989 Foreword This guide is a joint project of the organi- zations listed. They represent diverse ~4ews and constituencies--but share a common interest in the open meeting laws for local gov- ernments. One goal of this publication is to put the Ralph M. Brown Act, in lay language so it can be readily understood by local officials, by the public and by the news media. Another goal is to identify problem areas in an effort to reduce controversy over the Act. As a consequence, we have tried not only to cover all aspects of the Act, but to also pay extra attention to problem areas. In many cases, we offer advice on how to minimize a potential problem. This advice is not law, and indeed nothing in the guide is as authoritative as the statutes, cases and Attorney General's opinions that are cited. It would be alien to the spirit and purpose of this guide if its contents were taken as a legal standard by which to judge the proprieW of official conduct. We are confident that no court would lend it such authority,, and it is only in that confidence that the guide has been ventured as a common project. A public agency's legal counsel is respon- sible for advising its staff, board or council on the Act's requirements and prohibitions. He or she should alwavs be consulted on Brown Act issues. To lessen confusion, we have adopted a format in which: · Most text will look like this. · But advice will be italicized. · And for hypothetical examples, the typeface will look like this. Confenfs CHAPTER Z: The People do not Yield Their Sovereignty .......................... I The basic law: Change and Expansion: Limitations; Controversv. CltAPTEt~ 2: "All Meetings of..." .................................................................3 Serial meetings; Social events: Retreats: Regular informal meetings. CHAFFER 3: "...The Legislative Body of A Local Agency..." ..................... 5 Less than a quorum: A "unitary" body; Ad hoc advisory groups; Non-profit organizations: Delegated authority,. CHAFFER 4: "... Shall be Open And Public and..." ................................... 9 Regular meetings: Special meetings; Adjourned meetings: Continued hearings; School district meetings; Agenda descriptions: Non-agenda items. CHAPTER 5: "... All Persons Shall be Permitted to Attend.,." .................. 13 The public's place on the agenda; Reactire discussion. CHAPTER 6: "...Except as otherwise provided..." .................................... 15 Personnel: Pending litigation: Real estate negodadons; Labor negotiations: Labor negotiations - school districts; Student discipline: Grand jury testimony; License applicants with criminal records: Public and national security: Multijurisdictional drug law enforcement agency: Hospital district trade secrets. CHAFFER 7.' Remedies ...............................................................................21 Criminal complaints: Civil action: lnvalidation: Informal resolution. CHAPTER 8: Beyond The Law ....................................................................23 Text of the Brown Act ...............................................................................24 Index ..........................................................................................................35 CHAPTER 1: CHAFFER I The People do not Yieid Their Sovereignty In late 1951. San Francisco Chronicle re- porter Mike Harris spent six weeks looking into the wav local governments conducted meetings. State codes had long required that business be done in public, but Harris discov- ered secret meetings or caucuses were com- mon. He wrote a 1 O-part series on "Your Secret Government" that ran in May and June of 1952. Out ot the series came a decision to push fbr a new state open meeting law. Harris and Richard (Bud) Carpenter. legal counsel for the League of California Cities. drafted a bill and Modesto Assemblyman Ralph M. Brown agreed to carrv it. The bill passed the Legisla- ture and was signed into law in 1953 by Gover- nor Earl Warren. Brown sen'ed in the Assembly for 19 years starting in 1942. the last three years as its Speaker (his successor was Jesse M. Unruh). He then went on to serve as an appellate court justice. But he is best known for the open meeting law which now carries his name. The basic law Two kev parts of the Ralph M. Brown Act have been unchanged since its passage. One is the intent section with which it begins: "In enacting this chapter. the Legislature finds and declares that the public commis- sions, boards and councils and the other public agencies in this State exist to aid in the con- duct 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 sovereignw to the agencies which serve them. The people, in delegating authority, do not give their public servants their 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 thev mav retain control over the instruments they have created." i That opening is the soul of the Act. Its heart comes later. a brief section that declares: ".M1 meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend anv meeting of the legislative body of a local agency, except as otherwise provided in this chapter. TM That one sentence is by far the most im- portant of the entire Act: and its emphasized portions are the basis for the next five chap- ters. Change and expansion These nvo key provisions have remained intact. but vep,' little else has. Changes have been adopted in virtually even' session of the Legislature. They have included requirements for agendas and public notice. They have carved out new exceptions and narrowed others. Recent legislation provided a way to invalidate certain actions if the Brown Act has been violated. Meanwhile, a number of appellate court decisions and Attorney General's Opinions have interpreted the Act. Not all intent lan- guage in statutes has an impact on the judici- ary. But the courts have leaned on the intent section of the Brown Act to narrowIv construe exceptions to the law and liberalIv construe 0. provisions which further openness and availa-' bility. :l Despite its original language on "legisla- tive bodies," the law has been extended by amendments and court decisions to apply to most appointed or advisory, bodies. It even covers two unusual B'pes of non-profit corpo- rations (discussed later). Similarly, meetings subject to the Act are not limited to formal gatherings; they include anv communication in which a quorum of the board takes steps in the decision-making process. The Brown Act has also served as a model for other open meeting laws, such as the Bagley-Keene Act enacted in 1967 to cover state agencies. As a consequence, virtually CHAPTER 1 Overview 2!/DGFL~ 01' r~ ~hD 2 everv local or state agency is now covered by one open meeting law or another. The purpose of the Act is to require all aspects of the decision-making process bv legislative bodies be conducted in public. All parts of the deliberative process, including discussion, debate and acquisition of informa- tion must be open and available for public scrutiny. 4 Limitations But the law is limited to multi-member government bodies, and only they can violate its provisions. The Act does not apply to indi- vidual decision-makers. It also exempts advi- sory committees made up solely of less than a quorum of a legislative body. The law does not restrict government staff or employees. Nor are there anv constraints on the public--including individual citizens, lobbv- ists, or members of the news media. If anv- thing, the law broadens and expands their rights. The law on the one hand recognizes the need of individual legislators to meet and discuss matters with their constituents. On the other hand, it requires--with certain specific exceptions to protect the communi,ty and preserve individual rights--that the decision- making process be public. Sometimes the boundary between the two is not easy to draw. Controversy Not surprisingly, the Brown Act has b a source of confusion and controversv sine inception. News media members often ar the taw is toothless, pointing out that sinc inception there has been not a single crim prosecution for a violation. They often pect that the closed meeting process is be misused. Elected officials, however. complain the Brown Act makes it difficult to respon constituents, and requires public discussi of items better discussed privately--suct why a particular candidate should not appointed to a committee. Many elected officials find the Act unn. ral. The techniques that serve so well in b ness--theworking lunch, the private lobbx and compromises, the slow evolution , project or decision--are no longer possi Closed meetings can be more efficient: t eliminate grandstanding and promote t dot. As a matter of public policy, California concluded more is to be gained th- bs the public meedng process. C. n behind closed doors may well be effic,~ n t; business-like. But invisible government is ten unresponsive. It is invariably distruste The Brown Act has without question a major impact on the wav public bo, conduct business. Secret meetings, once rule. are now the exception. l. Government Code Section 54950 2. Government Code Section 54953 3. In rant, wing these footnotes. keep in mind that the A c has the greatest force and effect. Next in order are app court decisions, which interl~et the Aa and serve as dent for mal courts if published:they are not pre cedent published or, as was the case unth a recent Brown Aa ion, are ordered depublished by the State Supreme G Publ~hed opinions of the Attorney General do not ha force of law but are persuasive to the coum; letter opz of the Attorney General are usually nattower in scop less influential, 4. SacramentoNewspaperGuildv. SacramentoCountyi of Supervisors t1968) 263 CaLApp, 2d 41:42 Ops. CaLAt~.Gen. 63 (1963); 32 Ops. CaLAt(v. Gen (1958). 3 CHAFFER 2: "All Meetings of..." The Brown Act refers to several different kinds of meetings--but never defines them. That has been left to the courts and the Attor- ney General. ~'Meeting" turns out to be much broader than an official gathering. It covers "infor- mal." "study," "discussion," *'informational," "fact-finding," and "pre-council" gatherings, 1 In fact. a meeting is a gathering of a quorum, no matter how informal. where business is discussed or transacted.: A meeting can include telephone calls or letters in which the communications are part of the deliberative or information gathering process. If a quorum of a board uhimateh' participates in a deliberation. a meeting has occurred. On the other hand. a meeting held by conference telephone call might be ,justified under limited circumstances, if the public can fully participate in the meeting process. But if there was not public notice, and if the public id not have the opportunity to participate, such a meeting would violate the Act. The Brown Act now specifically allows a legislative body to use video teleconferencing to receive public comment or testimony, or to deliberate. Agendas must be posted and regu- lations adopted to protect the rights of the public. The provision. added in 1988. expires in January. 1994 if not extended. ~ Serial meetings Among the most frequent controversies over the Brown Act are those involving what are called serial, rotating or seriatim meet- ings. Such meetings at any one time involve only a portion of a legislative body, but even- tually involve a quorum. The serial meeting may be a daisy-chain. in which member A contacts member B, B contacts C, C contacts D and so on, until a quorum has been involved. It mav be a hub- and-spoke in which, for example, a city attor- ney (the hub) telephones members ofa rede- ~'elopment agency ( the spokes) one by one for decision on a proposed action,~ or in which a chief executive briefs board members prior to a formal meeting. and in the process reveals information about their respective views. M1 violate the Act. Aa'~ elected official has the right, if not the duty, to meet with constituents to address their grievances. That official also has the right to confer with a colleague about public business. But if and when a quorum has inter- acted directly or indirectly through this proc- ess, the Brown Act has been violated.5 In one case, a violation occurred when a quorum of a city council directed staff bv letter on an eminent domain action 6 There may be nothing improper or un- ethical about the substance of a serial meet- ing. The problem is the process itself, which deprives the public of an opportunity ibr a meaningful contribution to the decision- making process. The phone call was from a lobbyist. "Say, J need your vote for that project in the South Area. How about it?" "Well, I dunno," replied Board Mem- ber Adams. "Thars kind of a sticky propo- sition. You sure you need my vote?" "Well, I've got Baker and Charles lined up and another vote leaning. With you l'd be over the top..." Moments later, the phone rang again. "Hey, I've been hearing some rumbles on that South Area project," said the news- paper reporter. 'Tin counting noses. How are you voting on it?" Neither the bbbyist nor the reporter has done anything wrong. But the elected official may have been pushed to the edge of a Brown Act violation--if not over--by hearing about other votes. The prudent course is to tD' to stop lobbyists, staff and news media from revealing the votes and positions of other board members. Social events The Brown Act does not prohibit elected or appointed officials from attending social CHAPTER 2 "All meetings of the leg,sJative 6oav oF a /ocaj agency shah be open end c~ub/ic. 2nd all persons shall provided . CHAPTER 2 Meetings 4 events together. Nothing in the law prevents a quorum of elected officials fi-om going to the same fbotball game. or to a party. or aweriding or funeral. They can attend a threwell party together. or a reception for a new executive. The test is not onlv whether a quorum is involved but also whether the public's busi- ness is discussed: if public business is scrupu- lously avoided. there is no violation of the Brown Act. Retreats Aswith social events, the test in these cases is whether the public's business is discussed. Attendance by a quorum at general confer- ences covering broad issues--such as annual conventions--does not fall under the Brown Act. But a quorum's attendance at a more limited gathering which fbcuses on a more specific local issue probably does. Retreats fall somewhere in benveen busi- ness and social meetings. If their focus is on long-range planning, discussion of critical issues and the like, they come under the Brown Act. If their focus is team building and group dynamics, the issue is less clear. The League of California Cities, for example, has long held that such retreats are exempt so long as no city, issues or ciw business are discussed. By con- trast, attorneys for the California Newspaper Publishers Association commonly advise re- porters that the relationships of elected members with each other and their staffs are matters of public business and that such meetings are subject to the Brown Act. The Attorney General believes a retreat artended by officials from a single jurisdiction probably falls under the Act, even if discussion is limited to issues of procedures, morale or other concerns.: Some local agencies, such as general law cities, must hold all their meetings within their boundaries. But all local agencies may find it controversial to hold retreats out of town. Even if an agency' makes sure to observe the Brown Act by.' g~ving notice of the meeting, it may be criticized for holding a meeting inaccessible to the media and the public because of its cost or remoteness. Regular informal meetings It is often a temptation to mix business with pleasure~br example, by holding a post meeting luncheon. But informal BarI" 'ira which business is discussed are sub, ~ Brown Act. For example. intbrmal luncheon Bat. ings at which business is discussed or tr acted are meetings under the Brown Act. luncheon meeting in a crowded dining rc violates the Act if the public does not hay, adequate oppormnin' to hear or parficipat the deliberations of board members. Similarly, informal get-togethers b quorum of a body with representative~ other organizations, to discuss schools. port problems or other civic matters. are ered bv the Act. A quornm of a legislative bodv can at(, a meeting of the Kiwanis or Rotarc Club > ply as prominent citizens. But if they pla~ discuss public husiness under their }uris (ion. they should give notice under the Brl Act and the public should be pertnit(el attend. Thursday, 11:30 a.m. As they di! every week, the Board of Directors of Dr Gulch Irrigation Districttrooped int~°op' Donut Shoppe for an hour of ~' [ellowship. They sat at the corner w.. fronting on Main and Broadway, to shox they had nothing to hide. Whenever he could, the managin5 editor of the weekly newspaper down th street hurried over to join the Board... A meeting like this would not violate t/, Brown Act if board members scntpulonsl avoided talking about irrigation district i sues. But it is the kind of meeting that shoui be avoided. Tke public is unlikely to belittle board could meet regularly without discussin public business. A newspaper executive's pre~ ence in no way lessens the potential ]br Brown Act violation. 1. 42 Ops. CaLAO),.Gen. OI (1963~ 2. 61 Ops, CaLAtty. Gen. 220 (1978) 3, Government Code Section 54953 4. Stockton ),'ewspaper Inc. v. Redevelopmen( 4¢en0 171 CaLApp. 3d 95 5. 630ps. Cal. Atty, Gen. 820 r1980): 65 Op~.C 63 (l 982) 6. Common Causev. StirlinK, 198l and 1983 7. "Open Meeting' Laws. "Californta Attorn~ t~enerat. 1 p. 18 ,~', 43 Op~.()al..~tt¥.(ien. 3o fl964) CHAFFER 3: CHAFFER3 "... The Legislative Body of a Local Agency..." The technical meaning of "legislative body · The "governing board. commission, o a local agency" has expanded 'so much that ireclots or bov of a local agencv and any thfe safest assumption is that virtually all public ~oard or commidlsion thereof." 7The Act cox;- bodies are covered bv the Act. ers not only legislative actions. but also actions A "local agency"' includes a county, citv (general law or chartered), school or other district "or any board, commission or agency thereof, or anv other local public agency." I The law even considers two ,types of non-profit corporations to be local agencies. 2 The Brown Act covers air pollution con- trol districts and voluntary area and local planning agencies.3 A housing authority, even though created under state law, is a local agency.4 It has been held that "the Legislature in- tended that all agencies be in some open meeting act unless expressly excluded...s So it may not matter much whether an organiza- tion is a "local agency" or "state agency." In any case, it will have to comply with similar open meeting laws. What kind of agency is not covered by the Act? The most notable example is a board or commission which is an adjunct to the judici- ary,; a meeting of the judges of the Superior Court, or of a county, board of parole commis- sioners, is not covered bv the Brown Act. The Act also does not appiy to county central committees of political parties.s The Act defines a "legislative body" very broadly. It includes: which are primarily executive or quasi'judi- cial-such as a zoning appeals · Any body--public or private--on which (1) officers of a local agency serve in their official capacity and which (2) is sup- ported in whole or part by local agency fundsY ·Anv multi-member bodv which exer- cises any authority delegated to it by the legis- lative bodvj° · Any advisory group created bv formal action of a legislative body or member of a legislative body of a local agency. n · Any permanent board or commission of a local agency, including planning commis- sions, library boards and recreation boardsJ2 The Brown Act is aimed at the decision- making process involving a quorum of the board. It does not apply to individual decision- makers such as agency or department heads when they meet with advisors, staff, colleagues or anyone else. A single individual acting on behalf of a legislative body is not a legislative body. For example, the Brown Act does not apply to a hearing officer in an employee disciplinary hearing,is or to an individual city council member screening candidates for office)~ Less than a quorum A major exception is written into the provisions about advisory, groups created by formal action. Specifically excluded from the definition of a legislative body is "a committee composed solely of members of the governing "Aft meetings of the legislative body local agency shaji be open ana ~ubil and at/persons snc be permittea to attend anv meeting of the/eaistatl~e clgencv, excelD[ as otherwise provided. LHAPTER 3 Legislative ~ody 6 bodv of a lncal agency which are less than a quorum at such governing body." i; As a consequence, all ad hoc c{nnlnittee oh less than a quorum of the legislative body. created to advise the full bodv on candidates for a vacant position. is excepted t'rorTl the Brown Act./. Fnrthermore, tbe Attorney General be- lieves the law implies a similar exception when less than a quorum of a legislative bodv meets to discuss business: thus a permanent commit- tee (such as a budget or finance commitreel comprised of less than a quorum is not cox'- ered bv the Brown Act. However, the commit- tee mav well be covered by the open meeting laws flit exercises delegated authority. t: "1 move adoption of the report of the Finance Committee," declared Board Member Baker. "Second the motion," said another member on the Finance Committee. "Well, I think I need to know more than this one- age summary before I can vote," replie~Member Adams. Chairman Jones spoke up. "The whole reason we set up this committee system was to streamline the process. We've got to trust our committees if we want to tgh~ out of here before three o'clock in morning..." A board is flirting with a Br,' · A violation if it ntbber stamps dec ntbquontm committees which have not public. The process deprives the public o/' meaninglid pan o/the decision-making pro ess. One wa~' to avoid potential problems is en cou rageju ll discussion and public co m at the meetings oj the full board. A nother is have the subquorum committees comply wi, public notice and agenda provisions o]' Brown Act. A "unitary" body The less-than-a-quorum exception cm used bv two or more bodies to create a rate adk.'isory group. In one case. however. members of a city council ,joined with members of a planning coinmission to re~ qualifications of job applicants and m recommendations to the council. Their j, mission made them a "unitary body" subje~ the Brow'n Act. Had they met only to excha information. they would have been excepte Except for such unitary bodies, the Br~ Act does not apply to a committee 'de solely of less-than-a-quorum delega~ various bodies, especially when no one b controls the behavior of another. "We need to get together and figur out how to et more industry into th county," dec~a~red the Chairman of th two members from our board, tv,,~ members from the city council, and t,,v members of the irrigation district. "That way, we won't have to let th newspapers in. There's no way to out& the counties around us if all the have r do is pick up the paper to see wKat we'r Up tO." Such a meeting, if intended strictOf or a exchange of information. can be held withal being open and public under the Brown Act. But it is likely to be controversial. 4that for tt public certainly for the n~vs media. Most goo ihallenffe to lind old what happened anv- ]lOlt~HHtt because thn' would have to teA' on ;Heritable. Lt ~,~blat[ve bod[e~ slhoutd weiffh the eisks prior Ni dccid~ ng that a meetz nff ~ho uM he , lo~ed bimp6' because it can be. Ad hoc advisory groups Ad hoc advisory groups, task tbrces. "blue ribbon" committees and the like shotrid not be a problem--but they are. It often does not occur to volunteer citizens groups that they are covered by the Brown Act. However. such bodies are invariably created by "formal ac- lion" of a legislative body--which amounts to just about any action in an official capaciwYI That makes them subject to the Brown Act. Not covered bv the act is a group advisory to a single decision-maker which is not created by formal action.:: It is thus possible that a committee actvisoPv to a county superinten- dent ot schools would not be covered by the Act: but the same committee. if created bv formal action of the county Board of Educa- tion, would be covered. The prudent assumption is that an advisor~' committee or task force is subject to the Brown .4ci. Even !forte clearly is not, it may want to comply with the Act: public meeting~ mt~v reduce the possibiliU o} misunderstanding~ and controver~T. 7 Non-profit organizations It is a widespread ntisperception that any organization receiving public funds is subject to the Brown Act. But the test has two ele- ments: receipt of public money from a local agency and the presence on the organiza- tion's board of a member of that agency's legislative body acting in his or her official capacity. That provision has been held to make a vohmtary organization of the board of supervisors and city councils in a county sub ject to the Brown Act.2'z Suppose a Chamber of Commerce is funded in part bv a Citv Council. and the Mayor sits on the Chamber's board of direc- tors. If the Mayor holds that position in an official capacity, the Chamber is subject to the Brown Act and must hold open and public meetings. If the Mayor is on the board as the owner of a prominent local business. the Chamber is not subject to the Act. Two other types of non-profit organiza- tions are specifically covered by the Brown Act. One is an agency which received public money under the federal Economic Opportu- nityact of 1964. ,.,:t The second is any nonprofit corporation created bv one or more local agencies (1) whose board of directors includes a member appointed bv such local agencies, and (2) which is formed to acquire, construct, recon- struct, maintain or operate any public work project. z ~ Delegated authority A governmental organization to which au- thority has been delegated--including a subquorum of the legislative body itself~is subject to the Brown ActY5 A non-profit corpo- ration, if not one of the nvo types in the previous section, may not be. The Attorney General concluded the dele- gated authority provision subjected a joint powers agency--the board of directors of the Oakland-Alameda Countv Coliseum--to the Brown Act. Later. an appellate court ruled CHAPTER 3 Legislative Bo /t often doe5 not occur to volunteer cihzens groups the they are covereo c the Brown AC ~ ;HAPTER 3 Legislative Body 8 thata non-profit corporation which contracted with a hospital district to operate Marin Gen- eral Hospital was not subject to the Brown Act. In that decision. the Court said the Attorney General had been "probably incorrect*' in the Coliseum opinion. :, Interestingly, another appellate court ruled the other way on a similar non-profit corporation created bv a hospital district to run Desert Hospital in Palm Springs. How- ever. the Supreme Court later removed that opinion as legal precedent. The actions by.' both hospital districts generated considerable local controversy. In both cases, the shift to corporate management was intended to prevent competing hospitals from knowing about their business plans--a rationale n~,t available to most local agencies and probably , ,nger needed even t7 hospital districts: A narrow r.xreption to the Brozon Act now allows hospital districts to bold closed meetings to discuss "trade secrets. ' :7 1. Government Code Section 54951 2. Government Code Sections 54951.1 and 54951, 7 3. "Open Meeting Laws, "California Attorney General, 1989, p. 10 4. Torres v. Board of Commi~sioner~ l1979) 89 Cal, App. 3d 545 5. 1~rres v. Board of Commtssionetx 11979) 89 CaLApp. 3d 545 6. 590ps. C~d. Atty. Gen. 162 Cl976t 7. Government Code Section 54952 8. 61 Ops. Cal. Atty. GetL 220{1970); 57 0ps. CaI. At(v. Gen. 189(1974~ 9. Government Code 8ection 54952 10. Government Code Section 54952.2 11. Government Code Section 54952.3 12. Government Code Section 54952.5 13. B~lson v. San Franrisco 3funicipal Raihoa5 t 19731 29 CaLApp.3d 870 14. 69 Ops. CaLAt(v. Gen. 230 (1986~ 15. Government Code Section 54952.3 16. Henderson v. Board of Education (1978) 78 Cal. App.3d 875 17. "Open Meeting Laws, "California AUorney General, 1989, p. 13 18. Joiner r. City of Sebastopol t l 981~ 125 Cal. App.3d 799 19. 64 Ops. Cal. Atty. Gen. 856 (1981) 20. Joincr y. City of Sebastopol (19811 125 Cai. App. Yd 799 21. 56 0ps. Od. At(v. Gen, 14 at p, 19f1973) 22. 67 Ops. Cal, Atty. Gen. 488 (1984) 23. Government Code section 54951.1 24. Government Code Section 54951.7 25. 700ps, Cal. Atty. Gen. 57(1987) 26. Yoffie v. Mann Hospital Distnct t1987) 193 Cal. App. 3d 743 27. Health and Safety Code Secoon 32106 CHAFFER 4: "... Shall be Open and Public and..." There are Bvo essentials for an open and public meeting. One is effective notice: whether a meeting is open or not is academic if no one knows about it. The other is an agenda which adequately describes the items to be considered. For the most part. the Brown Act treats leg- islative bodies and advisory, groups alike. One significant difference. however. is in notice and agenda requirements: provisions for advisory groups (discussed later ~ are less strin- gent. Every meeting of the legislative body of a local agency must have public notice and a binding agenda. The specifics vary by type of meeting. Regular meetings The legislative body must set the time for regular meetings by ordinance, resolution, bylaws or similar formal rule for conducting business. The meeting need not be held in the agency's boundarieg. unless required by the act forming the agency: general law cities. for one. must meet within their boundaries. A regular meeting that falls on a holiday is held the next business day. A meeting place can be moved if the usual site is unsafe because of an emergency. 1 An agenda must be posted at least 72 hours before a regular meeting in a spot "freely accessible to members of the public." It 9 must contain a ~'a brief general description of each item of business to be transacted or discussed at the meeting." With three excep- tions (discussed below). no action can be taken on an item not on the posted agenda. e Special meetings The presiding officer or a majority. of a leg- islative body can call a special meeting at anv time. Written notice must be sent to eacfi member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, or radio or television station which has requested such notice in writing. The notice must in effect constitute the agenda. It must state the time and place of the meeting, and all business to be transacted. It must be posted at least 94 hours prior to the special meeting in a site freely accessible to the public: media notice must be delivered bv the same deadline. The body cannot consider business not in the notice. s Adjourned meetings A regular or special meeting can be ad- journed and re-adjourned to a time and place specified in the order of adjournment. If no time is stated. the meeting is continued to the hour for regular meetings. Less than a quo- rum may so adjourn a meeting; and if no member of the legislative body is present. the clerk or secretary may adjourn the meeting. Notice provisions are the same as for spe- cial meetings. In addition, a copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held? Continued hearings A hearing can be continued to a subse- quent meeting. The process is the same as for adjourned meetings, except that if the hear- ing is continued to a time less than 94 hours away, a copy of the notice or order of con tinu- ance must be posted immediately following the meeting. CHAPTER 4 'Aft meetings of thf legisJotive body or local agency shall be open and pub and all persons sh be oermlrted to attend any meerln~ of the/egisiotive body of o as other,vise provided. CHAFFER 4 Open ~- Public Advisory groues are specificoily exempted :torn the regular, SpeCIe/c~,'ournea :rig requirements that oppjy ro /eglsiatlve bodies I0 Closed meetings Part or all of a regular or special meeting, or one which has been adjourned. mav be closed to the public under special conditions (discussed in Chapter 6). But notice is still required. even if no action is taken. 3 Part of a regular meeting which is closed apparently requires the same 72-hour agenda notice as an open session? However, the local body can give the general reason for closing the session, and provide any statutory, authori- zation. either before or after the meeting. For a special. adjourned or continued meeting, a statement of the general reason for a closed session must be part of the public notice. The legislative body in a closed session can consider only matters covered in its state- mentYThe Act neither requires nor authorizes the statement to give names or nther informa- tion that are an "invasion of prlvacy or unnec- essarily divulge the particular facts concern- ing the closed session." Thus an item's de- scription can be modified to protect the pri- vacy of an individual or the conduct of pend- ing litigation. Emergency meetings An agency can hold an emergency meet- ing when prompt action is needed because of actual or threatened disruption of public fa- cilities. An "emergency situation" exists if the legislative body determines a work stoppage or other activity,, or crippling disaster, severely impairs public health and/or s~ety. The special meeting provisions apply to emergency meetings, except for the 24-hour notice. News media which have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be exhausted. If telephones are not working, the news media must be notified as soon as possible of the meeting and what transpired there. There is one other major difference. Unlike some regular or special meetings, emergency meetings cannot be closed. s It behooves the news media to mr requests are on file for noti~cati& emergen0' meetings. The written requests also be periodically renewed---e~peciai~' i numbers or addresses have been changed. such a request. a local agenO,' has no legal ob to riotiff, news media of special or emergen ings,--although notzfication may be advi, any event to avoid controversy. Advisory commission meetings A separate provision applies ! commissions. committees or bodies. must be held within the local agency tory--unless facts and data elsewhere are examination. Notice must be given at hours before a meeting, personally or ~ to any person who has so requested in ~ If the advisory group elects to hold meetings, it must so indicate in byl: another official document: no other nl required. Advisory groups are spec exempted from the regular. speci and continued meeting requix, apply to legislative bodies. '3 Because of these provisions, the Attorn eral doubts that the courts would apply the agenda requirement for regular meetings to groups. If possible. adviso .ry groups may non wish to observe the 72-hour requirement. Special district notice Another Brown Act provision m. notice required of the legislative special districts. In addition to the rc ments above, thev must also send no least a week before special and regular ings to any district landowner who so re in writing; however, the legislative bo< give any notice it deems practical for a s meeting less than 7 days away. The written request for such notic~ describe the property, involved. and m renewed an nually during the first three n of the year. The district can char~-- '~ r. able amount for sending notices. estimated costs. xs School district meetings Finaliv, the Education Code contains sev- eral differences for school districts. ?dl agenda items must be posted where paten ts and teach- ers can see them, at least 48 hours before a regular meeting and 94 hours before a special meeting.ll.Ln item is apparently void if not posted. 1 .o A school district must also adopt regula- 6ons to make sure the public can place mat- ters affecting district business on meeting agendas. and to address the board on those items. 13 Agenda descriptions 11 The goal o/'a local agenO' ~ agenda should be to dearly szgnat what ztems are about. A committee created b~' the League of California Cities put it this way: *'The Committee recommends that the descnp- tion be reasonably calculated to adequate(¥ in/brm the public. For example. tf the item involves a land use decision, the agenda should include a descrip- tion of the action proposed and the location or street address of the property in plain English, and if the item involves a contract. the agenda should describe the nature of the contraa. Emphasis should be placed on informing the public of the substan ce of the matter rather than precisely describing the contem- plated council action." There are several reasons for ernng on the side of more rather than less detail:Journalists will want CHAFFER 4 Open & Publi The notice provisions of the Brown Act are extensive but relativeIv uncontroversial. Bv contrast. the agenda provisions are brief-- and troublesome. Local legislative bodies were not required bv the Brown Act to prepare agendas until passage of AB 2674 in 1986. That change, effective the next year, required agendas with "a brief general description of each item of business to be transacted or discussed at the meeting." 14 A letter placed in the Senate Daily Journal during the debate on AB 2674 said the intent of the language was for agendas to "contain sufficient descriptions...to enable members of the general public to determine the general nature of subject matter of each agenda item, so that they may seek further information on items of interest. It is not the purpose of this bill to require agendas to con- tain the degree of information required to satisfy, constitutional due process require- ments." Mother section of the Brown act requires the "general reason or reasons" for a closed meeting? That indicates tess detail need be provided about closed meetings. There is considerable room for disagree- ment over the detail necessary in an agenda. At one extreme is a listing of general catego- ries such as "reports," "correspondence" or "personnel." At the other is a lengthy agenda which includes most or all background mate- rial sent to members of the legislative body. to know enough about a topic to adequately prepare Jbr a meeting The public will want to identi~ issues of interest. Final~'a, the local agen9 should protect itself against a possible suit to invalidate its actions. Non-agenda items There are three specific si mations in which the Brown Act allows a legislative bodv to act on an item not on the agenda:16 · When a majorit7 decides there is an "emergency situation" as defined for emer- gency meetings. · When two-thirds of members (or all members if less than two-thirds are presentl determine "the need to take action arose subsequent to the agenda being posted." CHAFFER 4 Open & Public 12 · When an item appeared on the agenda of, and was continued from. a meeting held not more than five days earlier. The exceptions are narrow. The first two require a specific determination by the legisla- tive body. That determination can be chal- lenged in court, and if unsubstantiated can lead to invalidation of an action. The second exception requires that a new need arise after posting of the agenda. and it implies some degree of urgency, )m item cannot be considered under this provision if the legislative body or the staff knew about the need before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda. or because a land developer missed a deadline. Other than these three exceptions. the Brown Act prohibits action on "surprise items." It requires that the posted agenda describe each item '*to be transacted or discussed." and provides that "no action shall be taken" on any item not on the agenda. I: The obvious pur- pose is to make sure interested members of the public are notified of items to be consiS ered. "I'd likea h,vo-thirdsvoteofthe Board. so we can go ahead and act an phase 2 of the East Area Project," said Chairman Jones. "lt's noton the agenda. Butwe learned two days ago thatwe're ahead of sched- ule believe it or not-and I'd like to keep it that way. Do I hear a motion?" A two/thirds vote is open to scrutiny. if no new need arose a~er the agenda was post,'ei. Too casual an action could invite a to;trt challenge by a disgruntled citizen. If possible, the prudent course is to place an item on the agtnda for the next meeting and not dsk invalidation. I. Government Code Section 54941 2, Government (2ode Section 54954.2 ta~ ana 3, Government (,'ode ,Section 54956:53 Ops.(.,. 245 11970) 4. Government Code Section 54055. Government C~de .Section 54957 7:43 Ops. L,zl. Att~ 79 (19641:41 Ops. Cal_ttlLGen e>i ~ I963~ O. "OpenAleelingLaws."Cal{fol:.ltaAltorne~(;e~li, retl. i p. 29 7. Government Code Section 54957 7:43 Ops. Gd. Attx 79 (1964j & Government Code Sectton 54956.5. 9. Government Code Section 54952.3 10. Government Code Section 54954. i Ii. Education Code Section 35145 12. Carlson v. Pasadena L'nified School Distnct t 197h CaLApp.3d 196 13. Education Code Section 35145.5 14. Government Code Scitron 54954.2 15. Government Code Section 54957.7 16. Government Code Section 549542 [7. Government Code ,gelton 54954.2 fal 13 CHAFFER 5: CHAFFER "...All Persons Shah be Perm' d to Attend..."' A number of Brown Act provisions protect ords and must be made available to the public. ~ the publids rig t to attend and participate at A fee or deposit may be charged for a cop5, o ~ me a public record. 7 SimilarIv, if an agencv tape recor s an to register their names, pro~de other infer- open meeting, the ropes and a rope recorder marion. complete a questionnaire, or other- wise "fulfill any condition precedent" to at- tending a meeting. Any attendance list, ques- tionnaire or other document circulated at a meeting must cleariv state that its completion is voluntary,, and that all persons mav attend whether or not they fill it out. x No meeting or any other function can be held in a facility' that prohibits attendance based on race. religious creed. color, national origin, ancestn' or sex. , There can be no "semi-closed" meetings, which some mem- bers of the public are permitted to attend as spectators while others are not: meetings are either open or closed. s The legislative body mav remove persons from a meeting who willfully interrupt pro- ceedings. If order still cannot be restored, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. 4 Every agenda must give the public the op- portunity to speak on anv items in the legisla- tive body's jurisdiction. However, the legisla- tive body can adopt reasonable regulations limiting the time for particular issues and for individual speakers. An exception covers City Councils and the San Francisco Board of Supervisors: no opportunity, to speak need be given on an item which was earlier addressed at a public hearing of a council or board committee, and which has not changed sub- stantially since then. ~ Secret votes in open meetings, and the casting of mail ballots, are prohibited, be- cause they deprive the public of a portion of its right. 6 The public has the right to review agendas and other writings distributed to a majority, of the legislative body. Except for privileged documents. those materials are public rec- must be made available to the public on re- quest. (However, a tape recording made to prepare minutes can be erased afterwards, provided all public records requests are first complied with.) If a transcript was prepared. the public generally has the right to receive a copy. s In addition, the public is specifically al- lowed to make its own tape recordings of a meeting, absent a reasonable finding bv the legislative bodv that the recording would dis- rupt proceedings. s(Although the Brown Act does not give radio stations the right to broad- cast meetings of legislative bodies, another statute conditionally authorizes broadcasts of meetings required to be open. 10) Finally, local bodies can go beyond these minimal standards to require greater access to their meetings and to those of their appointed bodies. l i The public's place on the agenda The Brown Act guarantees the public the right to speak at a meeting on any subject on which the agency has power to act. But it is up to the legislative body to decide what is within its jurisdiction, and precisely when the public should speak. The intent of the law is best served bv allowing the public to speak on an item before action is taken on it. That does not mean public comment must be provided on each item as it comes up. One alternative is to set aside a fixed pe- riod of time early in the meeting to receive public comment on agenda items and other matters. "Aft meetings of: legislative body, bcal agency shc be open and tau: and all persons, be permitted to attend any meetl of the leaeslative body oF c ;coat agency exceer as otherw,se provided CHAPTER 5 All Persons 14 Probably the won,t sohttlon public cootment on agenda items at the end of a meetzng. That procedure deprives the public q a conemOtion to the derision-makin~ proce~. [/also invite~ the pu blic ~ resentment over bein.ff re/e~ated to the end o[ what might be a tong meeting. Reactive discussion The public can talk about anything, but the legislative body cannot act on an item not on the agenda. What happens when a mem- ber of the public raises a subject not on the agenda? Can the legislative body discuss it? Yes, if two-thirds of the board determine it involves a need that arose after the posting of the agenda. Otherwise, the answer is not abso- luteix' clear. '~he Brown Act savs an agenda must de- scribe each item of business "to be transacted or discussed," and provides that "no action shall be taken" on anv item not appearing on the posted agenda. ~: That section requires dis- cussion items be on the agenda. Elsewhere the Brown Act defines "action taken" as "a collective decision made by major- it5'` of the members of a legislative body, a collective commitment or promise by a major- ity of the members of a legislative body to make a positive or negative decision, or an actual vote by a majorit}' of the members of a legislative bodv when sitting as a bodv or enti~', upon a motion. proposal, resolution, order or ordinance." 1 ~ That section makes no specific reference to a discussion. Fhe Attorney General believed-disc items as well as taking of action ~ ~ the 72-hour agenda requirement-- .Au court would approve a discussion f, purpose of understanding a problem. ing out an issue. or providing infon from staff. t, The most conse, vative approach ma, automatically rej~' all new items to staff, them on the next agenda. A member of the sea subject to the Brown Act. and may respond to tion from the audience. Most likely, the law allows some discussz legislative bo~v about a matter raised ~ the pl although the longer the discussion the grea danger of a violation. The Brown ,Act probably doe~ not pre' single member oj a legislative bot~¥ from re~p, to a public presentation t~': · askingquestions to clarijS' the speaker's i · asking staff to provide informati~n i~ ately or at the next meeting; · disclosinga relevant fact, forexample tt issue raised is understudy by staff or a com~ · informing the .speaker about a sou jhrther information or assistance: or · expressing normal courtesies, such as tude for the speateer'~ concern. 1. Government Code Section 54953.3 2. Government Code Section 54961 3. 46 Ops. CaLAttv. Gen. 346 (1965~ 4. Government Code Section 5495Z9 5. Government Code Seaion 54954.3 (ai and tb~ 6. 59 Ops. Cal. At(~.Gen. 619 (1976k 68 Ops. C~d. Atl 65 (1985L 7. Government Code Section 54957.5 8. 64 Ops. CaLAt(~.Gen. 317tl9811 9. Government Code 5~ction 54953.5: A~vens v. Citx Chino t19651 233 Cal. App. 2d 775 10. Government Code Section o091 II. Government Code Section 54953.7 12. Government Code Section 54954.2 ta~ 13. Government Code Section 5495Z6 14. ~Open lUeeting Laws, " Califorma A ttorn~' O p. 24 CHAPTER 6: "...$xcept as otherwise provided..." 15 The majnr exceptions to an open meeting law are. ot course. closed meetings. They are sharph' restricted by the Brown Act. The general reason tbr a closed meeting must be made public--either before or after the closed session of a regular meeting, and in the advance notice for any other type of meeting. ! In some cases--such as pending liti- gation or real estate transactions--additional infbrmation must be made public. Sessions are either open or closed: A leg- islative body cannot invite selected members of the public to attend a meeting while reR~s- ing others.: Closed meetings should usually involve onh' the members of the bndv. plus any additional support staff required or any wimesses: i ndixqduals not necessan, to the meet- ing should be excluded. The Brown Act begins with a strong state- ment in favor of open meetings. ~ It ends by prohibiting anv closed sessions not expressly' authorized bv the Act--a provision added in 1987 to eliminate any implied authority (such as the attorney/client privilege) for secret meetings. ~ It is not enough that a subject is sensitive, embarrassing or controversial. Without spe- cific authority ff>r a dosed session. a matter mast be discussed in public. As an example. a Board of Police Commissioners cannot gener- ally meet in closed session. even though mat- ters are sensitive and the commission consid- ers their disclosure contran' to the public interest. ~ ,~though not addressed by the Brown Act. it may be a breach of~duciaD' du~' to disclose confidential matters arising during a lawthlh' closed meeting. One source of problems is closed sessions invok'ing labor negotiations; sometimes a member of the legislative body improperly discusses what transpired with the affected labor organizations. A confidential "minute book" mav be kept to record actions taken at closed meetings. If one is kept, it must be made available to members of the legislative body and. if litlea- lion alleges an open meeting violation. to the court. Minutes of an improper closed meeting are not confidential. Despite the Brown Act's restrictions. closed meetings have generated many controversies between news media and legislative bodies. Especially troublesome have been closed meetings involving personnel or pending liti- gation and. to a lesser extent. property trans- actions and labor negotiations. Sorne problems arise because secreq itself breeds distrust. bt no case does the Brown Act requu'e a rlosed ~ession. and legislative bodie~ do well to resist the tendency' to call a dosed sesston ~imp(v because permitted to. A better practice is to go into clo~ed sessio?~ only when nefessar¢. Personnel Meetings can be closed for "personnel matters"--a term used more for convenience than [Br accuracy. The Brown Act itself never mentions "personnel." The law instead says a meeting can be closed "to consider the appointment, employ- ment. evaluation ofpertOrmance, or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless sucb e~nployee requests a public hearing." "Employee" specifically includes a num- bet of officials not elected to office: city manager, county administrator. city attorney, county counsel. department head or similar administrative officer in a local agency: and general manager, chief engineer. legal coun- sel district secretary. auditor. assessor. treas- urer or tax collector of a district. Elected officials. persons appointed to office by the legislative body (other than those listed above). consultants and independent contractors are not employees. '; The result is a relatively narrow exception. It cannot be used to set salaries, discuss reve- CHAPTER 6 ~11 meerlnas of :r 3nO a// oersons s' 2aencv except provided .,." (;HAPTER 6 Exceptions T,%e excePtiOn ,5 m/tea PC e,..oluaTzn? :he eerrormdnce :,r O,': 16 nues or budget priorities. reclassit~,' positions or reorganize a department. All those actions must be public. Action on individuals who are not "em- ployees" must also be public--inchtding dis- cussing and voting on appointees to commit- tees. or debating the merits of independent contractors, orconsideringacomplaintagainst a member of the legislative body itself. The exception is limited to evaluating the performance of an individual employee or job applicant. Its purpose is to avoid undue pub- licin, or embarrassment for an employee and to allow full and candid discussion of that individual by the legislative body. 7 As a consequence, reclassification of a job must be public, but an employee's abiliw to fill that job may be considered in closed session. .~though an employee's performance can be rated in a closed session, any resulting salan' change must be considered in public. ~ A closed session decision to hire or fire an employee must be publicly announced at the meeting at which the closed session occurred or at the subsequent meeting. 9 The teachers' union representative stepped fonnard to speak. "I'd like to present the board with the results oF a survey oF our membership. It shows that over 80 percent of teachers have no confidence in the Superintendent..." "You're out of order,, interrupted the Chairman. "A school board meeting is not the proper forum for these kinds of charges. Send us a copyof your material and we'll consider it in a personnel ses- SiOn.' In the example above, a news sto.ry will almost surely be written about the survO'; refusing to accept it will probably add fuel to the fire. That complication aside, a memberof the public can discuss any topic in a legislative body ~ jurisdictionsand that certainl~ in- dudes the performance of key.' officials. The Brown Act permits discussion of this topic in a closed session, but does not prohibit the public from raising the topic. .DI c,lployee:~ /,b ke~7orman~ ,,o be discu.ssed in publit i/ the/. body so dtooses. Horv~er. the .~ ,/ Gzli/brnia Cities twli~,e~ that discu~ton ,/ all efilp[o)ee~ Inb prl[oyn ance may expose tbe agenO' to fiabililv breach oA the employ, ~ right to pnvn9' ~tt~attzing the employee. On the other hand. a public emplm'ee ha no right to pnvae3' regardingthe reasons he n ~he is gven a perfo~v'nance bonus,:" and leg' lative body members as well as other meetin participants enjoy an absolute legal pnvil&, for their statements against suits for libel v slander. n "This meeting is adjourned," said th~ Mayor, "and now we're going to meet ir closed session." 'What's the closed session about?' asked a newspaper reporter. "just personnel," said the Mayor 'That's all l can tell you." Problems over "personnel" sesszon occur because of naggmg suspicions that lative bodies do not limit discussions to th, letter of the law. Legislative bodies should b, cautious:Failure to adhere to the law can/eat to invalidation. Part o] the controversy arises over the "p,'r sonnel" term itself, which is broad and unzn formatwe: its frequent use can triggerflare-up, with the news media. If possible, a more spec(/i, description is preferable--such as "Constder ing candidates for chief engineer. ' Pending litigation Historically a local agency could mc privatelywith legal counsel whenever itwish< an implied attorney/client privilege had be held to exist under the Brown Act. That ended in 1987. when legislation pi hibited anv closed session not expressly thorized by the Brown Act..~aq attorney; die relationship still exists. and legal counsel may use it tier prMleged written and ~erbal corn- tunicationsqt rotside of nqeetings--to mere- hers ol the legislative body. But it can no longer be the reason 16r a closed session. What remains is an exception to consider pending litigation. A closed session can be held by the body to confer with, or receive ad,,~ce fi~om. its legal counsel when open dis- cussion wottld prejudice the position of the local agency in the litigation. l'2 While the issue is not absoluteh' clear. the Attorney General believes that if the agency's attorney is not present, or if the agency's position is not prejudiced by open discussion, the meeting cannot be closed.l:l More specificallS'. the Brown Act calls liti- gation "pending" when: /al a proceeding dncluding eminent domainl to which the agencx is a part)' has been ibrmallv initiated before a court or other adjudicator5' body; or (b) the legislative body, on advice of its counsel and based on existing facts and circumstances. determines there is signifi- cant exposure to litigation: or when the legislative body is meeting only to decide if a closed meeting is authorized: or (c) the legislative body itself is deciding on initiating litigation. Before holding a closed meeting under the pending litigation exception. the legisla- 17 If the meeting is closed under the first provi- sion, tbe memorandum must include the title ,~t the litigation: in the other nvo cases. it must include the ihcts and circumstances on which it is based. The memorandum must be submi t- ted prior to the meeting if feasible. and in any tase not more than a week later. The memo is confidential until the litigation is finally adju- dicated or settled. Ob~ouslv. the Legislature has attempted to narrowIv define the pending litigation exception. ~t a great deal of ambiguin' re- mains. ~X~en is an agency's position preju- diced by open discussion? ~at is significant exposure to litigation? On the one hand, public agency attorneys often construe the exception liberally. They may attempt, in private, to prevent the legisla- tive bodv from taking an unconstitutional action or pluuging into other legal hot water. They contend that a legal concern, if ex- pressed in public. could well become part of a court action. On the other hand, the news media and other obsen'ers argue that the public has ~he right to know the legal as well as the factual dimensions of proposed decisions. The par- ties involved certainly know what's going on, so secrecy keeps only the public in the dark. Closed sessions do not deter litigation, thev only diffuse accountabili~. ~4 There is a vast difference between a vague th rear of litigation and a lawsuit. Along the way is a conunuum of competing interests: the legislative bod~' has to balance the public interest in knowing what is going on with the public interest in not ~~ jeopardizing the position of the local agenO'. ' Real estate negotiations A legislative body may meet in closed ses- sion with its negotiator before the purchase, sale, exchange or lease of real prop- tive body must publicly state which of the three situations apply. If the exception is under the first provision. the litigation must be iden- tified-unless disclosure would jeopardize service of process or settlement negotiations. Finally. legal counsel must submit a memo- -andum to the board stating the specific rea- ms and legal authoritS' for the closed session. erty by or for the local agency. The purpose is to give the negotiator instructions on price and terms of payment. The bodv's negotiator may be a member of the body itself. :D.d "lease" includes a lease renewal or renegotiation. CHAPTER 6 Exceptions An attorney/c/lent re/ationshif2 stl;} exists rne legislative Door But it can no be t~e reason Dr a closed session CH3YTER 6 Exceptions 18 As is the case with the pending litigation exception. additional intbrmation must be disclosed: Before the closed session. the legis- lative body must publicly identify the real properties involved and the persons with whom it is negotiating. ~'' "Our population is expiodin , and we have to think about new schooPsites," said Board Member Baker. "Not only that," interjected Member Chades, "we need to get rid of a coupie of our older facilities." "Well, obviously the place to do that is in a dosed session," said Member Doe. "Other,vise we're going to set off land e ~n an uproar. A closed meeting to discuss potential sites is not authorized by.' the Brown Act. The excep- tion is limited to instructing a negotiator over specific sites--not to decisions in advance of negotiations. Although staff may investigate real estate needs, eventually the poli~ decision to acquire or dispose of real property must be made at an open meeting. Labor negotiations The Brown Act allows closed ses~ ns some aspects ot labor negotiations. DiffeI provisions (discussed belnwl apply tn scl districts. A legislative body may meet in closed sion to instruct its bargaining agent on ployee salaries and fringe benefits. and working conditions which by law reqx negotiation. It may also meet in closed ses~ with a conciliator who has intervened in nt tiations. 18 The legislative body can appoint om more of its members to represent it. ~7 Bt the bodv decides to negotiate collective1 cannot meet in closed session to reviex, decide on its bargaining position. xs 'l have some important news to ar nounce,' said Board Chairman jones "We've decided to terminate the contrac of the Chief Executive, effective immed ately. The Board has met in closed ses sion, and we've negotiated two year' severance pay." Individual salarie~ or benefits :t, I, discussed or negotiated in closed session a "personnel" matters. The action is subject t invalidation if challenged. The result might t, different if the severance pay were a negotiate, settlement of a wrongful termination lawsun Labor negotiations--school districts For most local agencies, labor relatil with employees are covered bv the Mev/ Milias-Brown Act. That act does not touch closed session provisions of the Brown I Employee relations of school dx~ however, are governed bv the Rodda ? which takes precedence. In this c~:s.e, diffen meeting and special notice prowsxons apf The entire board, for example, may negoti in closed sessions. Four types of closed meetings are pern ted: (1) a negotiating session with a reo nized and certified employee organizatil (2) a meeting of a mediator with eb sit /3} a hearing or meeting held by a fi~cttinder or arbitrator: and (4) a session between the board and its bargaining agent. or the board alone. to discuss employee working condi- tions and instruct its agent. :0 Public participation under the Rodda Act also takes another form. All initial proposals of both sides must be presented at public meetings and are public record. The public must be given reasonable time to inform itself and to express its views before the district may adopt its initial proposal. In addition. new topics of negotiations must be made public within 94 hours. Any votes on such a topic must be followed within 24 hours by public disclosure of the vote of each member. 20 The final vote must be in public. Student discipline School district boards may also hold a closed session to consider the suspension or discipline of a student, if a public hearing would reveal personal, disciplinary, or aca- demic information about students contrary to state and federal pupil privacy law. The pupil 's parent or guardian may request an open meeting. Final action concerning the student must be taken at a public meeting, and is a public record, Grand jury testimony A legislative body may specifically testiBI in private before a grand jury, either as individu- als or as a group. ~'~ License applicants with criminal records A legislative body can hold a closed session with an applicant for a license or license re- newal who has a criminal record. The purpose is to determine if the applicant is sufficiently rehabilitated to obtain the license. 19 If the bodv as a result decides to denv the license. the applicant may withdraw the appli- cation. In that case, no record is to be kept of the decision and all elements of the closed session are confidential. If the applicant does not withdraw, the body must deny the license in public. immedi- ately or at its next meeting. No information from the closed session can be revealed with- out consent of the applicant, unless the appli- cant takes action to challenge the denial. ~3 Public and national security Legislative bodies can meet in closed ses- sion to discuss matters posing a threat to the securiW of public buildings, or to the public's right of access to public services or facilities. The meetings are to be held with the Attornev General, district attorney, sheriff or chief of police, or their deputies. Closed sessions may also be held to discuss "matters affecting the national security." Multijurisdictional drug law enforcement agency A joint powers agency, formed to provide drug law enforcement services to multiple jurisdictions may hold closed sessions to dis- cuss case records of an on-going criminal investigation. to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. The exception applies to the legislative body of the joint powers agency and to anv body adviso~ to it. The purpose is to prevent impairment of investigations, to protect wit- nesses and informants, and to permit discus- sion of effective courses of action..~s Hospital district trade secrets A provision in the Health and SafeW Code, enacted in 1986, gives hospital districts a unique ability, to hold closed sessions to dis- cuss "reports involving trade secrets"--pro- vided no action is taken. CHAPTER 6 Exceptions t :HAPTER 6 Exceptions 2O A trade secret is deiined as infbrmation which is not generall~ known to the public or competitors and which I 1 ) "derives independ- ent economic value. actual or potential" by virtue of its restricted knowledge 12) is neces- san' to initiate a new hospital sen'ice or pro- gram or facility. and (:3) would. if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial eco- nomic benefit. The provision prohibits use of closed ses- sions to discuss transitions in ownership or management. or the district's dissolution. ~6 Government Code Sect(on 54957. 7 2. 46 Ops. Cal. At(v. Gen. 346 t1965~ 3. Government C~de Section 54950 4. Government Code Section 54962 5 6~ Ops. CaLAtt),Gen. 34 t1985~ t2. Government t;ode Section 54957 7 63 Ops. C~l.4tt).Gen. 215 (1980~. 8. 8an Dtego Union v. Ctty Counctt t 1983~ 146 Cal. App. 3d , 947. 9. Government Code Section 5495Z 1 10. 68 Ops. L~tLAttv. Gen. 17 (19851 ll. Civil Code Section 47, subdivision 2 12. Government Code Section 54956.9 13. "Open Meeting Laws" California Attorney General, 1989. p. 41 14. Both pol nts o] view are addressed by 36 Ops. Cal. AttS. Gen 175 (1960~ 15. Government Code section 54956.8 16. Government Code Section 5495E6) 17. 57 Ops. Cal. Atty. Gen. 212 (1974~ 18. 57 0ps. CaLAtty. Gen. 209t1974) 19. Government Code Section 3549.1 20, Government Code Section 3547 21, Education Code Sections 38146 and 48914 22. Government Code Section 54953. l 23. Government Code Section 54956. 7 24. Government C~de Section 54957 25. Government Code Section 5495Z8 26. Health and Safety Code Section 32106 21 CHAPTEll 7: Remedies The Brown Act is far from pertbct. It has become increasingly complex over the years. intruding into more areas of local govern- ment process. It has triggered a number of court cases and legal opinions--some of which raise as many questions as they answer. There are often suspicions the law has been violated. Even when a violation is clear, the end result typically remains tinaltered. Frustration is the rule for those seeking re- dress: no violation has ever ended tip as a criminal prosecution. Yet the Brown Act has made a major differ- ence in the wav local government operates. There are virtually no willful. deliberate viola- tions at its provisions. In the early 1950s, most local agency meetings were secret; now most are open and public. Clear guidelines now spell out agenda and public notice require- ments. as well as the rights of the public. When first enacted, the Brown Act had no penalties or methods for enforcement. The Act was amended in 1961 to make violations a crime, and to authorize civil action to stop or prevent violations. A provision went into ef- t~ct in 1987 permitting invalidation of some actions taken in violation of the law. Criminal complaints The criminal provision of the Brown Act. punishable as a misdemeanor,1 is aimed at officials who act improperly. It does not affect the action taken. A violation has two tests: An overt act--a member of a legislative body must attend a meeting at which action is taken in violation of the Act. And knowledge--the member must know the meeting violates the law.: "Action taken" is defined elsewhere as not only an actual vote, but also a collective deci- sion, ccnnmitment or promise by a majority of the legislative body to make a positive or negative decision. !1 If the meeting involves mere deliberation without the taking of ac- tion, there can be no misdemeanor penalty. A violation occurs ~br a tentative as well as final decision. ~ In fact, criminal liability is trig- gered bv a member's participation in a meet- i ng in violation of the Brown Act~notwhether that member has voted with the majority or minorirv, or has voted at all. The second test is that the member must knowingly violate the law. In this case, igno- rance of the law is an excuse. As with other misdemeanors, the filing of a complaint is up to the district attorney. So far, none has chosen to prosecute. Civil action Any person can file a civil action to stop or prevent a violation of the Brown Act or to seek a court rnling on whether an action violates the law. :' Unlike the criminal provision, the civil remedy does not require that action be taken or that the legislative body members know they are violating the law. All that is required is a violation itself. This type of action involves no manetan' damages. Its major use has been to stop a legislative body from repeating an action that violates the law. Invalidation Any person mav also seek a second type of' civil remedy: to invalidate a legislative bodv's actions that violate the act. Not all actions can be challenged: and in any case the legislative body has a chance to cure or correct its ac- tions. ~ Invalidation is limited to violations which are not "in substan tial compliance" with any of three sections of the Brown Act: Section 54953, the basic open meeting provision: and Sec- tions 34959._. and 54956, which describe no- tice and agenda requirements for regular and special meetings. Actions which violate those provisions~ such as a decision made in a serial meeting-- could be set aside. An action cannot be invali- dated because of violation of another section, such as the provision allowing meetings to be tape recorded. The law goes on to specifically exempt CHAPTER 7 The Act was amenaed !n i 96 1 !a make violations c crime anc~ to au;ne effect in 1987 permitting invafldattc in violation & the law CHAPTER 7 Remecties /n short, only some v/elations may be cha~enged; the legis- lative body has the ability to cure and end even a voidable action wlli stand if not challenged within 30 days 22 three tH3es of actions: those invol%4ng sale or issuance of notes. bonds or other indebted- ness. or any related contracts or agreements; those creating a contractual obligation. in- cluding a contract let by competitive bid. upon which a party, has in good faith relied to its detriment: and those connected with the coF lection of any tax. Before going to court, a party, must com- plain to the legislative body within 30 days after an action that the action violated the Brown Act. The legislative body then has up to 30 days to cure and correct its action. If it does not act, suit must be filed within the next 15 days. In short. only some violations may be chal- lenged; the legislative body has the ability to cure and correct most actions: and even a voidable action will stand if not challenged within 30 davs. Court costs and reasonable attorneys fees can be sought from the agency by a plaintiff who successfully sues under either of the civil provisio ns above. A defendant may be awarded court costs and attorneys fees if the court finds a civil action was clearly frivolous and lacking in merit.: Despite its limitations, the invalidation lan- guage means legislative bodies will have to be even more careful not to violate the Brown Act. Chal- lenges are likely to come not so much from the general public and news media as from unexpected quar- ten--such as disgruntled business people. Some violations, say of agenda or posting re- quirements, may be relatively easy to cure and cor- rect. Other violations---of the closed meeting provi- sions, for example--may be more difficult to correct. In a memo to its members, the League of Califor- nia Cities recommended that a legislative body should cure and correct a challenged action whenever pos- sible. It suggested two sub-items be placed on the next agvnda, thefirst for a decision on whether to correct or cure an action, and the second for consideration of the action if the answer to the first item is '5'es. . The recommended action in the latter case is not to rescind a previous action but to superse/ record of the earlier meeting can be incorpt new public testimony should be allowed. Informal resolution Arguments over Brown Act issues oft become emotional on all sides. Newspap¢ trumpet relatively minor violations, unhap citizens fume over an action. and legislati bodies clam up about information better cussed in public. Hard lines are drawn rational discussion breaks down. A problem may end up in the courts, but forced action hasn't worked very. well. When said and done, the best wa'~ to handle Brown issues is to discuss and settl~ them in a frank. o public discussion between the legislative bodv the public. Few legislative bodies will knowingly and w. fully violate the law, once it is clear what the law And members of the public do well to dwell not much on legalities of a past action as on modi]?i future practices. The best solution is prey n. l. A misdemeanor is punishable t~, a fine of up to $l. O0 or up to six months in count jail. or both. 2. Government Code Section 54959 3. Government Code Section 54952.6 4. 61 Ops. CaLAt(~.Gen. 283 (1078) 5. Government (:ode Section 54960 6, Government Code~ction 54960.5 7. Government (;ode Section 54960.5 CHAFFER 8: Beyond The Law This guide has fBcused not only on the Brown Act. but also on meeting practices or activities that. legal or not, are likely to create controversy. Problems may crop up, for ex- ample, when agenda descriptions are too brief or vague, or when public comment is delayed to an inconvenient time. The Brown Act allows a legislative body to adopt practices for itself and its subordinate committees and bodies which are more strin- gent than the law itself requires. Although many local agencies have adopted regulations or ordinances on public meeting policy, more ,fften than not they simply restate the law. It max' be usefi.fi tbr local agencies to create or update their local open meeting policies, in an attempt to anticipate and prevent prob- lems. As with any other significant policy, public comment should be solicited. As a start, a policy might consider expecta- tions of three distinct elements of the public: · Persons present with something to say. Most individuals know they cannot take up the whole meeting, yet do expect reasonable consideration and quick response. They want to comment on an item before it is decided. They do not want to wait for hours to bring a new item to the body's attention. They expect ~ome answer. even if brieL on a non-agenda i t em. 23 · Persons absent with something to say. These persons will be upset at hating missed the chance to speak on a non-agenda item that is discussed--and disposed of--in their ab- sence. They may well question why such action could not be postponed to a later meeting. · News reporters. More than most other members of the public. news reporters are interested in in-depth information before and after meetings. They want to report on what is on, and what underlies. agendas--before a meeting occurs. After a meeting. they want immediate amplification of meeting decisions. Many agencies may have specific constitu- encies with other expectations. An explicit and comprehensive public meeting and infor- mation policy--especially if reviewed periodi- cally---could be an important element in bet- tering public relations. Such a policy exceeds the absolute re- quirements of the law~but if the law were enough this guide would be unnecessary,. A narrow legalistic approach will not avoid or resolve potential controversies. It mav be well for an agency to go beyond the law, to look at its unique circumstances and determine if there is a better wav to head off potential problems. CHAPTEr if the jaw enough this gu would be unne san/ 24 Title "local agenc ": public bo~i~s "local agency": nonprofit corporation I "local agency": nonprofit corporation 2 "legislative body": governing boards, subsidiaries body which has an ;'official" member and receives local agency funds "legislative body": delegated authority "legislative body": bad created by ~orcm~al action meeting and notice for advisory bodies The Ralph M. Brown Act California Government Code Sections 54950 through 54926 As Amended EffectiveJanura.rv 1, 1989 54950. In enacting this chapter. the Legislature finds and declares t: the public commissions. boards and councils and the other public agent in this State exist to aid in the conduct of the people's business. I t is the in t, of the law that their actions be taken openly and that their deliberations conducted openly. The people of this State do not vield their sovereigns' to the agent which serve them. The people, in d~legating attthoritx', do not give ~h public servants the right to decide what is good tbr the people to know what is not good for them to know. The people insist on remainin~ intornn so that they may retain control over the instruments thev 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. whether general law or chartered, city and counW, town. school distr; municipal corporation, district, political subdivision. or anv board ,nn sion or agency thereof, or other local public agencv. 54951.1. For the pnrposes of this chapter, and to the extent not inc, sistent with federal law, the term "local agency" shall include all priv. nonprofit organizations that receive public money to be expended t~r put purposes pursuant to the "Economic Opportunity Act of 1964". 54951.7. "Local agency" includes any nonprofit corporation. created one or more local agencies, any one of the members of whose board directors is appointed by such local agencies and which is formed to acqtti construct. reconstrnct. maintain or operate allv public work project. 54952. As used in this chapter, "legislative bodv" means the governt board, commission. directors or body of a local agency. or any board commission thereof, and shall include any board. cmnmission. committ{ or other bodv on which officers of a local agency serve in their ottic capacity as members and which is supported in whole or in part bv flu: provided by such agency. whether such board, cotnmission. committee other body is organized and operated by such local agency or bv a priv: corporation. 54952.2. As used in this chapter, "legislative body" also means an:. boar commission, committee, or similar multimember body which exercises a authority of a legislative bodv of a local agency delegated to it bv legislative bodv. 54952.3 As used in this chapter 'qegislative bodv" also includes a advisory, commission, advisory committee or advisory body of a local agen, created by charter. ordinance, resolution, or by any similar formal action a legislative body or member oia legislative bodv of a local agene Meetings of such advisory commissions, committees or bodies c, ing subjects which do not require an examination of facts and data outsil the territory of the local agency shall be held within the territory of the 1o~ agency and shall be open and public. and notice thereof must be deliverl CODE 25 personally ol bv n~all at least 24 hours before the time ot such meenng to each · ~erson who has reqnested, in writing, notice of such meeting. If the advism'v commission. committee or body elects to prmfide for the holding oi regular meetings, it shall provide by bylaws. or by whatever other rnle is udlized by that advison' body tbr the conduct ot its business. tbr the time and place tbr holding such regular meetings. No other notice otregular meetings is required. "Legislative body' as defined in this section does not include a commit- tee composed solely of members of the governing body of a local agency which are less than a quornm of such governing body. The provisions of Sections 54954. 54955, 54955.1. and 54956 shall not apply to meetings under this section. 54952.5. ,~s used in this chapter. "legislative body*' also includes. but is no t limited to, planning commissions. librarv boards. recreation commissions, and other permanent boards or commissions of a local agency. 549{2.6. As used in this chapter. "action taken" means a collective decision made bv a majorin· of the members of a legislative body. a collective commitment or promise by a majority of the members of a legislative bodv to make a positive or a negative decision. or an actual vote bv a majority of the mem bets ota legislative body when sitting as a body or en ti ty. upon a motion. proposal. resolution. order or ordinance. 549~2. Z A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body. An elected legislative bodv 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 ~ody. 549.53. (a) All meetings of the legislative body of a local agency shall be open and public. and all persons shall be permitted ~o attend any meeting of the legislative bodv of a local agency. except as otherwise provided in this chapter. (b) NoBvithstanding any other pro~sion of law, the legislative body of a local agency may use video teleconferencing for the benefit of the public or ~he legislative body of a local agency in connection with any meeting or pro- ceeding anthorized bv law. The use of~deo telecont~rencing, as authorized by this chapter, shall be limited to the receipt of public comment or testimony by the legislative body and to deliberations of the legislative body. If the legislative body of a local agency elects to use ~4deo teleconferencing, it shah post agendas of all video teleconference locations and adopt reasonable regulations to adequately protect the sm:utoB' or constitutional righ~ of ~he parties or the public appearing before the legislative body of a local agency. The term "~deo teleconferencing" shall mean a system which provides for both audio and visual participation be~,veen all members of the legislative body and the public attending a meeting or hearing at any video teleconfer- ence location, This section shall remain in effect until,JanuaD' l, 1994, and on that date is repealed. unless a later enacted statute, which is chaptered before January l, 1994, deletes or extends that date. .~49~. I. The provisions of this chapter shall not be construed to prohibi t the members of the legislative body of a local agency from giving testimony in private before a grand 3ury, either as indi~iduals or as a body. .~4953.3. A member of the public shall not be required. as a condition to attendance at a meetin~ 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 tnlflll any condition precedent to his or her attendance. re ular meetings of a~gv~s~ory bodies less than a quorum of legislative body members not/ce, posting exception for advisory bodies "legislative body": permanent boards or commissions" "action taken" co ies of the Act for o~E;r members, bodies all meetings must be open and public video teleconferencing grand jury: private testimony public cannot be required to register 26 attenc~ance iists eft, must state they are voluntary public can tope record meetings local agencies can impose stricter requirements on themselves regular meetings set by ordinance or other rule notice by districts to property owners renewal of property owner rec~uest for notice of meetings reasonable charge for notice re ular meeting agendas: 72 ~our notice and posting (LALIFOILVL t (;O17T/~\'.l IIC.VT CODE finn attendauce list. register. questionsmire. or other sip-:",r cl or is circulated to the persons present during the meeting it. . s that the signing registering. or completion of tile documeo t I~ that all persons may attend the meeting regardless otwhether a pc registers. or colnpletes tile docnment. 54953.5. 3aw person attendlug an open and puhlic meetin~ ofi' bodv of a local agency shall have the right to record the proceeding recorder in the absence of a reasonable findine: of the tegZislative t of the proceedings. 54953. 7. Nonvithstanding any o her provision of law legislativt local agencies may impose requirements upon themselves which all access to their meetings than prescribed by the minimal standards > this chapter. In addition thereto, an elected legislative bodv of a 1o may impose such requirements on those appointed legislative bol local agency of which all or a majority of the members are appoil ander the authority of the elected legislative body. 54954. The legislative bodv of a local agency shall provide. b~, resolution, bylaws, or by whatever other rnle is required for the c bt siness by that body the time tBr holding regular meetings. Unless pro'tided for in the act under which the local agency was formed. m the legislative bodv need not be held within the bonndaries of tht over which the local agency exercises jurisdiction. If at any time al meeting fails on a holiday, such regular meeting shall be held business day. If, by reason of fire. flood. earthquake or other eme shall be unsafe to meet in the p ace designated. the meetings ' v b the duration of the emergency at such place as is designatec~ officer of the legislative body. 54954.1. The legislative body of anv district which is suhje provisions of this chapter shall gb'e mailed notice of every regular and any special meeting which is called at least one week prior to th for the meeting. to any owner of property located within the distrio filed a written request for such notice with the legislative body. AI notice required pursnant to this section shall be mailed at least one ~, to the date set tBr the meeting to which it applies except that the 1 body may give such notice as it deems practical c fspecial meetings c than seven days prior to the date set for the meeting. Any request for notice filed pursuant to this section shall be vail, year from the date on which it is filed unless a renewal request is filed. requests for notice shall be filed within 90 days after January 1 of each' request for notice, or renewal request. filed pursuant to this sect contain a description of the propert?.' royned by the person filing the Such description mas' be in general terms but shall be sufticieut el readily identify such propera'. The legislative body may establish a reasonable annual charge such notice based on the estimated cost of providing such a sep, fice. 54954.2 ta) At least 79 hours before a regular meeting, the legislal of the local agency. or its designee. shall post an agenda containin general description ot each item of business to be transacted or disc the meeting. The agenda shall speci~' the time and location of the meeting and shall be posted in a location that is freely accessiblo to ofthepublic. Noactionshallbetakenonanyitemnotappearin rh agenda. (b) Notwithstand ng subd fis on a) , the legislative bodv mav tak on items of business not appearing on the posted agenda under an following conditions: / L ~,L/?'OR,YL4 GO ~, ?~'R,%:~, lENT { 1 I U port a dcterminauon by a maiori~' vote of the legislative body that an emergency sitnation exists. as defined in Section 34956.3. ( 2~ Upon a determination by a n~'~thirds vote of the legislative bodv. or, if less than n~o-thirds of the members are present. a unanimous vote nf those tnembers present. that the need to take action arose subsequent to the agenda being posted as specified in subdi~sion ( 3} The item xvas posted pursuant to snbdi~4sion {a) for a prior meeting nf the legislative bodv occurring not more than five calendar days prior to the date action is taken on the item. and at the prior meeting the item ~'as continued to the meeting at which action is being taken. 54954.~ f a} Even' agenda for regular mee rings shall profide an opportu- nity for members of the public to directly address the legislative body on items nf interest to the public that are 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 othen~ise authorized by subdi- fision ~b) of Section 54954.2. However, in the case of a meeting of a ci~' council in a cin' or a board ofsupen4sors in a ciB, and coun ~', the agenda need not profide an opportunin' fbr members of the public to address the conncil ~r board f)ll anx item that has already been cousidered by a committee. composed exclusively of members of the council or board. at a public meetlug wherein all interested members of the public x~ere afforded the opportunity to address the committee on the item. unless the item has been substantially cbanged since the cmnmittee heard the item, as determined bv the council or board. (b) The legislative body of a local agency may adopt reasonable regula- tions to eusure that the intent ofsubdifision (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 indifidual speaker. 54955. Tbe 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 secrem~ of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as protided in Section 54936 for special meetings, uuless such notice is waived as pro~4ded fbr special meetings. A copy uf 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. ~%~en a regular or adjourned regular meeting is adjourned as prodded in this section. the resulting ad- journed regular meeting is a regular meeting for all purposes. ~en an order of adjournmen t 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 meedngs by ordinance, resolution. by law, or other rule. 54955.1..~y hearing being held. or noticed or ordered to be held, by a legislative body of a local agency at any meeting may bv order or notice of continuance be continned or recontinued to any subseqnent meeting of the legislative body in the same manner and to the same extent set forth in Section 54933 ?or the adjournment of meetings; pro~ded. 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 dec- laratim~ 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 majorin· of the ~nembers of the legislative bo8v. by delivering personalIv or bv mail written notice to each mere bet of the legislative body and to each local newspaper of 27 exception i: emergency situation exception 3: continued item public's right to address legislative body exception: city items already constdered at a public heartng reasonable limits for testimony adjourned meetings: posting and notice continued hearing: posting and notice special meeting notice and subject notification of news media 28 emergency meetings "emergency situation" work stoppage crippling disaster news media notification no emergency closed sessions special meeting requirements apply posting of actions no fees except those authorized in this chapter closed session: license applicant with criminal record (LILIFORVIA GO!~R,\B/E.\T CODE general circulation. radio or tele%~ision station reqnesting nonce ,,, x~rlr The notice shall be delivered personalIv or bv mail and shall be least 24 hours before the time of the meeting as specified in the n, call and notice shall specify the time and place ol the special meeting ant business to be transacted. No other business shall be considered at meetings by the legislative body. The written nodce may be dispensed wi~ to any member who at or prior to the time the meeting convenes tiles ~itt- clerk or secretan' of the legislative body a written waiver of notice. The w: may be given bv telegram. The written notice max' also be dispensed ~i th any member who is actually present at the meeung at the time it conve Notice shall be required pursuant to this section regardless of whether action is taken at the special meeting. The call and notice shall be poste least 24 hours prior to the special meeting in a location that is freeh' accesy to members of the public. 54956.5. In the case of an emergency situation involving matters u which prompt action is necessary due to the disruption or thre:l, disruption of public facilities. a legislative body mav hold an era{ meeting without complyingwith either the 24-hour notice requiremenl 24-hour posting requirement of Section 54956 or both the notice and requirement. For purposes of this section. "emergency situation" means all', ot following: ~'a) Work stoppage or other activity which severely impairs public safety or both. as determined bv a majorit5· of the members oi the legisk~ body. (b) Crippling disaster which severely impairs public health. s~fetx both. as determined by a majori.ty of the members of the legisla6 '~o However. each local newspaper of general circulation and rad~ vision station which has requested notice of special meetings pursuan Section 54956 shall be notified by the presiding officer of the legislative or designee thereof one hour prior to the emergency meeting by teleph and all telephone numbers provided in the most recent request of s newspaper or station for notification of special meetings shall be exhaus In the event that telephone services are not functioning the notice reqc ments of this section shall be deemed waived. and the legislative boci, designee of the legislative body, shall notig' snch newspapers. radio statl, or television stations uf the fact of the holding ot the emergency meeting. purpose of the meeting, and any action taken at the meeting as soon after meeting as possible. Notwithstanding Section 54957. the legislative body shall not mee closed session during a meeting called pursuant to this section. All special meeting requirements. as prescribed in Section 54956 shal applicable to a meeting called pursuant to this section. with the excepu,1 the 2~l-hour notice requirement. The minutes of a meeting called pursuant to this section. a list of pe~ who the presiding officer of the legislative body. or designee of the legisla body, notified or attempted to noti6,. a copy of the roll call vote. actions taken at the meeting shall be posted for a minimum of 10 da~ public place as soon after the meeting as possible. 54956.6. No fees may be charged by the legislative body of a local age for carrying out any provision of this chapter. except as specificalls' aut h ori, by this chapter. 54956. Z Whenever a legislative body of a local agency determin~ is necessarv to discuss and determine whether an applicant for a license license renewal. who has a criminal record. is snf~cientlv rehabilitated obtain the license, the legislative body may hold a closed session with ~ LtL]lzOR,x,'IA (;0~ I'ZR,V,~,IENT CODE applicant and the applicant's attorney. ifanv. tBr the purpose of holding the discussion and making the determination. If the fegislative body determines, as a result of the closed session, that the issuance or renewal of the license shonid be denied, the applicant shall be offered the opportunity to withdraw the application, If the applicantwithdraws the application. no record shall be kept ot the discussions or decisions made at the closed session and all matters relating' to the closed session shall be confidential. lfthe 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 dem~ng 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. 54956.8. Not,Mthstanding any other provision of this chapmr. a legisla- tive 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 give instructions to its negotiator regarding the price and terms of payment tBr the purchase. sale. exchange, or lease. However, prior to the closed session. the legislative body of the local agency shall hold an open public session in which it identifies the real property or real properties which the negotiations may concern and the person or persons with whom its negotiator may negotiate. For the purpose of this section, the negotiator may be a member 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 :losed session for discussions regarding eminent domain proceedings pur- suant to Section 54956.9. 54956.9. Nothing iu this chapter shall be construed to prevent a legisla- tive body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice fi~om. 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 expression of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the la~Ter-client privilege for purposes of con- ducting closed-session meetings pursuant to this chapter. For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: (a) An adjudicatory proceeding before a court, administrative body ex- ercising its adjndicatory authority, hearing officer, or arbitrator, 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 ad~ce of its legal counsel. based on existing facts and circumstances, there is a significant exposure to litigation against the local agency: or (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 pursnant to paragraph ( 1 ) of this subdivision. (c) Based on existing ~icts and circumstances, the legislative body of the ,ocal agencv has decided to initiate or is deciding whether to initiate Iitigation. 29 closed session: real property disclosure of real property parcel, owner closed session: pending litigation no meetings under general lawyer-client privilege "pending litlgation~': adjudicatory procee ing "~ending litigation/': stgnificant exposure closed session to decide on a closed session "pending litigation": decision to litigate 30 disclosure of type of pending litigation memo by body's attorney closed session: public security closed session: evaluate or hire public employee closed session: national security disclosure of hiring or firing CALIFORNIA GOVERNMENT CODE Prior to holding a closed session pursuant to this secti, h e body of the local agency shall state publicly to which subdivi~ s If the session is closed pursuant to subdivision (a) , the body sha. sta of or otherwise specifically identify the litigation to be discussed. body states that m do so would jeopardize the agency's ability to service of process upon one or more unserved parties, or that to d~ jeopardize its ability to conclude existing settlement negotiati advantage. The legal counsel of the legislative body of the local agency sha and submit to the body a memorandum stating the specific reason,* authority for the closed session. If the closed session is pursuant to r (a) , the memorandum shall include the title of the litigation. session is pursuant to subdivision (b) or (c) , the memorandum sn, the existing facts and circumstances on which it is based. The leg; shall submit the memorandum to the body prior m the closed feasible, and in any case no lamr than one week after the closed ses memorandum shall be exempt from disclosure pursuant to Sectic For purposes of this section, "litigation" includes any adjudic: ceeding, including eminent domain, before a court, administra exercising its adjudicatory authority, hearing officer or arbitrator. 54957. Nothing contained in this chapter shall be construed t the legislative body of a local agency from holding closed session: Attorney General, district attorney, sheriff, or chief of police. respective deputies, on matters posing a threat to the security buildings or a threat to the public's right of access to public services facilities, or from holding closed sessions during a regular or specia to consider the appointment, employment, evaluation of dismissal of a public employee or to hear complaints or, against such employee by another person or employee unless suca requests a public hearing. The legislative body also may exclude such public or closed meeting, during the examination ofa wimess, other wimesses in the matter being investigated by the legislative l For the purposes of this section, the term "employee" shall no any person elected to office, or appointed m an office by the legisis of a local agency; provided, however, that nonelective positior. manager, county administrator. city attorney, county counsel, or merit head or other similar administrative officer of a local agenc~ considered employee positions: and provided, further that nonelec lions of general manager, chief engineer, legal counsel, district s auditor, assessor, treasurer, or tax collector of any governmental dis plying services within limited boundaries shall be deemed emplo tions. Nothing in this chapter s hall be construed to prevent any board, sion, committee, or other body organized and operated by any privat zation as defined in Section 54952 from holding closed sessions to (a) matters affecting the national security, or (b) the appointment, merit, evaluation of performance, or dismissal of an employee or complaints or charges brought against such employee by another p employee unless such employee requests a public hearing. Such b may exclude from any such public or closed meeting, during the exar, of a witness, any or all other witnesses in the matter being investigat~ legislative body. 54957.1. The legislative body of any local agency shall p~ '- r the public meeting during which the closed session is held or a~ : meeting any action taken, and any roll call vote thereon, to appmn t, or dismiss a public employee arising out of any closed session of the le body. CAL~ORNIA GOVERNMENT CODE 5495Z2. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other oi~cer 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 amiable 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 appoin ted by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). 5495Z5. (a) No twithstm~ding Section 6255 or any other provisions of law, agendas of public meetings and other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by a member. officer, employee, or agent of such body for discussion or considera- tion at a public meeting of such body, are public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Divi- sion 7 of Title 1 ) as soon as distributed, and shall be made available pursuant to Sections 6253 and 6256. However, this section shall not include anywriting exempt from public disclosure under Section 6253.5, 6254, or 6254.7. (b) Writings which are public records under subdivision (a) and which are distributed prior to commencement of a public meeting shall be made available for public inspection upon request prior to commencement of such meeting. (c) Writings which are public records under subdivision (a) and which are distributed during a public meeting and prior to commencemen t of their discussion at such meeting shall be made available for public inspection prior to commencement of, and during, their discussion at such meeting. (d) Writings which are public records under subdivision (a) and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practi- cable. (e) Nothing in this section 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 6257. The writings described in subdivisions (b) , (c) and (d) are subject to the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Tide 1 ) and subdivisions (b), (c) and (d) shall not be construed to exempt from public inspection any record covered by that act, or to limit the public's right to inspect any record required to be disclosed by that act. This section shall not be construed to be applicable to any writings solely because they are properly discussed in a closed session of a legislative body of the local agency. Nothing in th is chapter shall be construed to require a legislative body or [sic ] a local agency to place any paid advertisement or any other paid notice in any publication. (D "Writing" for purposes of this section means "writing" as defined under Section 6252. 54~5Z6. (a) Notwithstanding any other provision of law, a legislative :~ody of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, compen- sation paid in the form of fringe benefits of its represented and unrepre- sented employees. Closed sessions of a legislative body of a local agency, as 31 minute book agendas, ether writings, are public records writings distributed before sting are available on request wHtlngs distributed before discussion are to be available before discussion begins writings distributed during discussion to e made available immediatelb)' fee or deposit for copying a public record "writing" defined closed session: labor negotiations; salary and fringe benefits 32 closed session with state conciliator closed session on other working conditions disclosure of general reason for a closed session closed session: multijurisdictional drug law enforcement agency removal for willful disruption CALI~OPuVIA GOVERNxX4E~VT CODE permitted in this section. shall be for the purpose of reviewing ~t~ ,~os~ instructing the local agency's designated representatives. Clc --s permitted in this section, may take place prior to and during and discussions with representatives of employee organizations and sented employees. For the purposes enumerated in this section, a legislative body c agency may also meet with a state conciliator who has intep:ene~ proceedings. (b) In addition to the closed sessions authorized by subdi~,~sion legislative body, as defined by Sections 54952.54952.2, 54952.3, and of a public agency, as defined by subdivision (c) of Section 3501. m closed sessions with its designated representatives on mandatory within the scope of representation of its represented employees, a mined pursuant to Section 3504. 54957. Z Prior to or after holding any closed session. the Iegislati of the local agency shall state the general reason or reasons for the session, and may cite the statutory, authority,, including the specific and subdivision, or other legal authority, under which the session held. In the closed session, the legislative body may consider oni matters covered in its statement. In the case of special. adjourne continued meetings, the statement shall be made as part of the provided for the special, adjourned. or continued meeting. Nothing section shall require or authorize the giving of names or other infor which would constitute an invasion of privacy or otherwise unnec divulge the particular facts concerning the closed session. 5495Z8. Nothing contained in this chapter shall be construe_d to t the legislative body of a multijurisdictional drug law enforcem an advisory body of a multijurisdictional drug law enforcemen, ment agency, from holding closed sessions to discuss the case record~ ongoing criminal investigation of the multijurisdictional drug law e ment agency or of any party to the joint powers agreement, to hear tes' from persons involved in the investigation, and to discuss courses ofac particular cases. 'Multijurisdictional drug law enforcement agency." for purposes section. means a joint powers entity formed pursuant to Article I (co~r ing with Section 6500) of Chapter 5 of Division 7 of Title 1, which drug law enforcement services for the parties to the joint powers agree The Legislature finds and declares that this section is within the interest, in that its provisions are necessary to prevent the impairm ongoing law enforcement investigations. to protect witnesses and inforl and to permit the discussion of effective courses of action in particular 54957.9. In the event that any meeting is willfully interrupted by a or groups of persons so as to render the orderly conduct of such m~ unfeasible and order cannot be restored by the removal of individuals w willfully interrupting the meeting, the members of the legislative bod ducting the meeting may order the meeting room cleared and contiI session. Only matters appearing on the agenda may be considered in session. Representatives of the press or other news media. except participating in the disturbance, shall be allowed to attend any sessioI pursuant to this section. Nothing in this section shall prohibit the legi~ body from establishing a procedure for readmitting an individual or ind sis not responsible for willfully disturbing the orderly conduct of the me 54958. The provisions of this chapter shall apply to the legisl every local agency notwithstanding the conflicting provisions o, ,y state law. CALIFORNIA GOVEPuVMENT CODE 54959. Each member of a iegislative body who attends a meeting of such legislative body where action is taken in violation of any provision of this ~pter, with knowledge of the fact that the meeting is in violation thereof, ,. guilty of a misdemeanor. 54960. Any interested person may commence an action by mandamus, injunction or declarato~ relief for the purpose of stopping or preventing vio- lations 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. 549~0.1. (a) Any interested person may commence an action by manda- mus 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, 54954.2or 54956 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or cor- recting an action challenged pursuant to this section, (b) Prior to any action being commenced pursuant to subdivision (a) , the 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 or 54956. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. The written demand shall be made within 30 days from the date the action was taken. 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 i~s decision not to cure or correct the challenged action. If the legislative body takes no action with 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 xamence to run the day after the 30 day period to cure or correct expires. .,~thin 15 days of receipt of the written notice of the legislative body's decision to cure or correct, the expiration of the 30 day period to cure or correct, or not to cure or correct, within 15 days afar within 75 days from the date the challenged action was taken, 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. (c) An action taken 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 and 54956. (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, upon which a party has, in good faith, detri- mentally relied. (4) The action taken was in connection with the collection of any tax. (d) During any action seeking a judicial determination pursuant to sub- division (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 or 54956 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. (e) The fact that a legislative body takes a subsequent action to cure or ~.orrect an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. 33 misdemeanor violation civil action to prevent or stop violations civil action to invalidate an action demand to cure and correct action to cure or correct exception 1: substantial compliance exception 3: contractual obligation exception 4: tax collection dismissal with prejudice if an action has been cured and corrected action to cure and correct is nat evidence of violation 34 attorney fees far plaintiff attorney fees for defendant no activity permitted in a facility that discriminates closed sessions must be expressly authorized CALIFORNIA GOVERNMENT CODE 54960.5. A court may award court costs and reasonable attor'*~v f~ theplaintiffinanactionbroughtpursuanttoSection54960or5~ itisfound thata legislative bodyoftbe local agency, hasviolated the, of this chapter. The costs and fees shall be paid by the local agency and not become a personal liability, of any public officer or employee of the agency. A court may award court costs and reasonable attorney fees to a d dant in any action brought pursuant to Section 54960 or 54960.1 whet defendant has prevailed in a final determination of such action and the I finds that the action was clearly frivolous and totally lacking in merit. 54961. No local agency, shall conduct any meeting, conference, or c function in any faciliW that prohibits the admittance of any persol persons, on the basis of race, religious creed, color, national origin, anc~ or sex. This section shall apply to even,, local agency as defined in Sel 54951, 54951.1, or 54951.7. 5496~'. Except as expressly authorized by this chapter, no closed se: may be held by any legislative body of any local agency. .ion taken 14, 21.25, 28, 30, 33, 34 ad hoc advisory, groups 7 adjourned meeting 9, 27 adjudicatory 17, 29, 30 advice 17, 29 advisors 5 advisory 1, 2, 5-7, 9, 10, 19, 24, 25, 32 agenda 1.3, 6, 9.14, 21-23, 25-27, 31, 32 air pollution 5 airport 4 Alameda County, 7 ancestry, 13, 34 arbitrator 19, 29, 30 attendance list 13, 25 attorney fees 34 Attorney General 1-4, 6-8, 10, 12, 14, 17, 19, 20, 30 attorney/client privilege 15, 16 attorneys fees 22 Bagley-Keene Act 1 bargaining 18, 19 blue ribbon 7 Board of Education 7, 8 bonds 22, 33 boundary 2, 4, 9, 26, 30 budget 6, 16 bylaws 9, 10, 25, 26 ~lifornia Newspaper Publishers Association 4 dxdidate 2, 5, 6, 16 central committees 5 Chamberof Commerce 7 charge 10, 26 citizen 2, 4, 7, 12, 22 civil action 21, 22, 33 closed meeting 2, 8, 10, 11, 15, 17, 18, 22, 30 closed session 10.15-20, 28-32, 34 coliseum 7 color 13.34 commission 1, 5, 6, 10, 15, 24, 25, 30 committee 2, 5-7, 10, 11, 13, 14, 16, 23-25, 27, 30 communication 1 competitive bid 22, 33 confusion 2 consultants 15 continued heating 9, 27 contract 11, 18, 22, 33 contractual obligation 22, 33 controversial 4, 6, 15 controversy 2, 3, 7, 8, 10, 15, 16.23 correspondence 11 council 3, 5-7, 11, 13, 20, 27 court 1-3, 5, 7, 10, 8, 12, 14, 15, 17, 21, 22, 29-31, 33, 34 criminal 2, 19, 21, 28, 32 ~riminal complaints 21 iminal record 19, 28 ~ure or correct 21, 33, daisy<hain 3 defendant 22.34 delegated authority, 6, 7, 24 delegating 1, 24 deposit 13, 31 determination 12, 27, 29, 33, 34 directors 4, 5, 7, 24 disaster 10, 28 disciplinary hearino 5 district4-8, 8, 10-12, 15, 13-21, 24, 26, 30 district attorney 19, 21, 30 disturbance 13, 32 drug 19, 32 Earl Warren 1 emergency 9-11.26-28 emergency meeting 10, 11, 28 emergency situation 10, 11, 27, 28 eminent domain 3, 17, 29, 30 employee 2, 5, 15, 16, 18, 19, 30-32, 34 exception 1, 2, 5, 6, 8, 9, 12, 13, 15-19, 25, 27, 28,33 factfinder 19 fee 13, 22. 28, 31, 34 fiduciary 15 finance committee 6 formal action 5, 7, 24 fringe benefits 18, 31 funds 5, 7, 24 gathering 1, 3, 4 general law 4, 5, 9, 24 governing body 6, 25 grand jury 19, 25 guardian 19 hearing 3, 5, 9, 13, 15, 19, 25, 27. 29-31 hospital 7, 8, 19, 20 housing authority 5 hub-and-spoke 3 indebtedness 22. 33 independent contractors 15, 16 informal 3, 4, 22 intent 1, 11, 13,24.27 invalidate 1, 11, 21, 33 invalidation 12, 16, 18, 21, 22 xrrigation district 4, 6 job applicant 6, 16 Joint powers 7, 19, 32 judges 5 judiciary 1, 5 urisdicdon 4, 13, 16, 26, 27, 31 Kiwanis 4 labor 15, 18, 31 law enforcement agency 19, 32 lawyer-client privilege 29 League of California Cities 1, 4, 11, 16, 22 lease 17, 29 legal counsel 1, 15-17, 29, 30 legislation 1, 16 legislature 1, 5, 17, 24, 32 less than a quorum 2, 5, 6, 9, 25, 27 library boards 5, 25 lobbyist 3 luncheon 4 mail ballots 13 Marin 7, 8 mayor 7. 16 mediator 18 memorandum 17. 30 Meyers-Milias-Brown Act 18 Mike Harris 1 minute book 15, 31 misdemeanor 21, 22, 33 muhi-member 2, 5 multijurisdictional drug law enforcement agency 19, 32 multimember 24 national origin 13.34 national security 19, 30 negotiation 15, 17-19, 29-31 negotiator 17, 18, 29 news media 2, 3, 6, 10, 13, 15-17, 22, 27, 28.32 newspaper 2-4, 9, 16, 27, 28 non-agenda item 1 I, 23 nonprofit corporation 7, 24 notes 22, 33 notice 1, 3, 4. 6, 9-11.15.18, 21.24-28. 31-33 official capacity 5.7, 24 ordinance 9, 14, 24-27, 31 Palm Springs 8 parent 19 parole 5 pending litigation 10, 15-18. 29, 30 permanent board 5, 25 personnel 11, 15, 16, 18 plaintiff 22.34 planning agencies 5 planning commission 5, 6, 25 police commissioners 15 political subdivision 24 private 2, 5, 17, 19, 24, 25, 30 property 10, 11, 15, 17, 18, 26, 29 public comment 3, B, 13.14. 23. 25 public funds 7 public health 10, 28 public notice 1, 3, 6, 9, 10, 21 public record 13. 19, 31 public security 30 public testimonv 22. 27 public work project 7.24 quasi-judicial 5 questionnaire 13, 25 quorum 1-6, 9, 25, 27 race 13, 34 Ralph M. Brown 1, 24 reactive discussion 14 real estate 15, 17, 18 real property 17, 18, 29 recreation boards 5 redevelopment agency 3, 4 register 13, 25 regular meeting 9-11, 15, 25-27 religious creed 13, 34 report 6, 11, 19, 23, 30 reporter t, 3, 4. 6, 16, 23 request 10, 13. 19, 26, 28, 31 retreats 4 Richard (Bud) Carpenter 1 right 1.3. 13, 16. 17. 19.24-27, 30.31 rights 9. 3, 21 RoddaAct 18. I9 Rotary, 4 rotating 3 rule 2.9, 21, .05-27 salary, 15, 16, 18, 31 school 4. 5.7, 11, 12. 16. 18, 19, 24 secret votes 13 security 19, 30 semi-closed 13 serial 3, 21 seriatim 3 service of process 17.30 session 1.10, 15-20. 28-32, 34 settlement 17, 18, 30 sex 1.5, 34 single decision-maker 7 social events 4 sovereignty l, 24 special district l0 special meeting 9-I l, 21, 26-28. 30 staff2, 3, 5, 12, 14, 15, 18 state agency, 1, 2 student 19 subquorum 6, 7 substantial compliance 21, 33 superintendent 7. 16 Superior Court 5 Supreme Court 2, 8 surprise items 12 tape recorder 1B, 26 task force 7 teleconference 25 telephone 3, I0, 28 testimony 3, 19, 22. 25.27.32 trade secrets 8. 19 unitary body 6 vacant position 6 video 3, 25 violate 24, 21, 22 violation 2-4, 6, 14, 15, 21, 2, 31, 33, 34 work stoppage 10, 28 writing9, 10, 13,25,28,31,33 zoning 5 THE CITY OF TEMECUI, A, CALIFORNIA HANDBOOK FOR BOARDS, COMMITTEES, AND COMMISSIONS 1989 THE COMMISSIONER'S ROLE AND AUTHORITY City Committees, Commissions and Boards have a primary role - to encourage increased public input and citizen participation in the determination of City policies and procedures. City Committees/Commissions/Boards are not involved in the administration or operation of City departments. Committee/Commission/Board members may not direct administrative staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. However, City staff members are available to provide general staff assistance to Committees/Commissions/Boards. Despite Committees, Commissions, and Boards differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to their specific Committee/Commission/Board. The City Council of the City of Temecula encourages and provides opportunities for continuing education to assist the members of City Commissions in the conduct of their duties. Conscientious attendance is also a fundamental responsibility, as irregular attendance lessens one's ability to study all aspects of items under consideration. 2 RULES AND REGULATIONS FOR CITIZEN MEMBERS It is not appropriate for individual members to present their personal views or recommendations as representing the Committee/Commission/Board unless such body has voted to approve such action. Members expressing views not approved by the majority of a Committee should indicate their opinions are viewed as "private citizens." Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the Committee, City Council or City staff. When making a public statement, members should indicate that Committee actions are recommendations and that final action will be taken by the City Council. Committee member may be selected on the basis of representing defined groups; however, each member should represent the overall "public good" and not an exclusive group or special interest. GUIDELINES FOR CITIZEN MEMBERS Work to establish a good relationship with other committee members. The success or failure of committee efforts may be dependent upon the degree of cooperation evident among the individual members of the body. Each member should keep in mind these important points: * Show respect for another's viewpoint. * Allow others adequate time to fully present their views before making comments. * Be open and honest. * Make new members welcome and help them become acquainted with their duties. * Strive to minimize political action among members. I. ROLE, AUTHORITY AND STAFFING OF COMMISSIONS The City Council is empowered to establish commissions and to appoint members to assist the Council in the conduct of City business. Members usually represent a cross- section of the community and are prohibited from being a salaried employee of the City. The primary role of any City Commission is to review and make recommendations to the City Council on matters within their scope of responsibility and to promote increased public input and citizen participation in the determination of City policies and program implementation. The specific role of City Commissions is basically to serve as a citizens' advisory arm of the City Council, focusing attention on specific program areas of the City. The City Council may authorize certain "commissions" to take final actions in prescribed areas, for example the Planning Commission is authorized to grant final approval of certain projects and is required to provide a recommendation to the City Council on other projects. In addition, staff may bring various projects to a commission for their review before taking that matter to the City Council for final approval. On specific matters referred to it by the City Council; boards, committees and commissions serve a principal reviewing body of the City. All decisions, however. are subject to call uo and review bv the City Council. Commissioners should represent the general interest of the City as a whole and not specific program areas and their special interest groups. ADoointments and Removals Chapter 2.06 of the Temecula Municipal Code, Commissions -- General Provisions~ provides that appointments are by a four-fifths (4/5ths) majority of the City Council and removal of an appointee is by a majority vote of the City Council. Rules of Procedure/By-Laws Rules of procedure or by-laws for the proper conduct of business should be adopted. Organization and Officers As set forth in the by-laws, there shall be an annual election of a chairperson and vice- chairperson. The position of chairperson and vice-chairperson should be rotated among members on an annual basis. The Chairperson The Chairperson is the key to the entire group process. The Chairperson must balance being strong enough to make certain the meeting is conducted in an orderly fashion ~ Temecula Municipal Code (Ordinance No. 90-02) and democratic enough to use the power and authority of the position wisely. The Chairperson's ability to handle meetings will have a significant impact on morale, operation and effectiveness. The Chairperson must make sure that discussions do not get side-tracked on minor issues and must have the ability to see the "whole picture". The most important duty of the Chairperson lies in his/her ability to find a common ground and achieve workable compromises if appropriate. Last, but far from least, the Chairperson must be able to represent the entire group to the City Council and community groups. Minutes It shall be the responsibility of the board/committee/commission staff support to record and maintain minutes for all meetings. The Council has provided that these minutes shall be "action minutes" and not "verbatim" which briefly describe the issues and actions taken2. Minority opinions of members may also be recorded in the minutes if desired. Comments by all members on every agenda item cannot practicably be included in the minutes. Also, members abstaining for legal conflict of interest requirements are required to state their reason for recordation in the minutes. Minutes must be submitted to the City Clerk's Office and the City Council; they also become a part of the City's official records in the office of the City Clerk. Development and Review of Commission Goals and Deoartment Policies The City of Temecula prepares and operates on an annual budget cycle. Boards, committees and commissions 8r6 encouraged to annually review and comment on department programs and capital projects that may be related to their scope of interest. This evaluation is intended to focus attention on the overall program and service priorities and commission objectives; and is not intended to be an evaluation of the administration or operation of City Departments. The City Council will conduct at least one joint meeting with each commission annually to review commission goals and work programs, and review the past year's activities. The City Council also reviews the commission's work program to ensure it's consistent and responsive to the Council's goals and objectives. Involvement in Administrative Matters Commissions should not become involved in the administrative or operational matters of City departments unless specifically provided in the prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies or 2 Policy and Procedure CCL-006 5 establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda materials, general review of department programs and activities, to perform limited studies, program reviews and other services of a general staff nature. Commissions may not establish department work programs or determine department program priorities unless specifically authorized in their prescribed powers and duties. The responsibility for setting policy and allocating City resources rests properly with the City's duly elected representatives, the City Council, and cannot be delegated to an outside group, however capable and interested it might be. Communication with the City Council To avoid possible compromising situations, the invitation to individual commission members to address the Council on matters relating to their official capacity rests solely with the City Council. It should be emphasized, additionally, that when a member is present at a Council meeting and is asked to address the Council on a matter, the member should represent the viewpoint of the commission as a whole (not a personal opinion), unless a proper qualification is made. Workina with Other Members Members should make every effort to uphold their reputation for honesty, fairness and openness with the citizens of the community. Each group will undoubtedly consist of diverse personalities; it is important that we work together to accomplish common goals. Working with Staff Commission members are individually appointed by the City Council. City staff assigned to work with the groups report to the City Manager, who in turn, reports to the City Council. Each group usually is aided by a department director or administrator who provides staff support. If a commissioner wishes to initiate a project which requires staff development, it is necessary that it be placed on the commission agenda for discussion and a recommendation to the City Council that the project be authorized. Only after City Council authorization may staff begin preparing the necessary reports and studies. Staff support also means facilitating operations. Staff is aware of their responsibilities, and the members should be aware of the time involved on the part of staff in preparing studies and reports requested. If friction develops, individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. If differences cannot be resolved by this method, the Councilmember serving as Commission Liaison and/or City Manager should then be consulted in an effort to resolve the matter. Staff Reoorts to Council on Commission Actions There will be occasions when City staff will be required to prepare an agenda report on either a commission action or appeal for City Council review. In preparation of such a report the staff member should present both the staff position and the commission's position. The position of members not voting in the majority on an item should also be presented in the staff report if so indicated by the member. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and alternative recommendations to assist in their decision-making process. Procedure for Handline Public or Aooeal Hearinas In some instances, commissions will have to conduct a public hearing, either on a major issue of concern to the community or on a permit application or appeal of a staff decision. It is recommended that the procedure established by the City Attorney3 be followed at all times during the conduct of this kind of hearing. Leoal Assistance Some commissions require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the Attorney should advise members as to the legality of the proposed action. Great care must be taken in the maintenance of records of the proceedings when litigation is a possibility. The direction of the City Attorney should be followed closely. Remember the adage, "Discretion is the better part of valor", and when in doubt about the legality of a procedure, wait until the legal opinion is rendered. If necessary, a hearing may have to be continued until matters can be clarified. Counsel must very often control the circumstances surrounding a particular matter since he/she may be required to defend the action in court. Council Review of Action Most actions and recommendations of commissions may be appealed to the City Council for review and approval. Certain actions are final with the Commission with no right of appeal. City Public Appearance of Members When a commission member appears in a non-official, non-representative capacity before any public or private body, the member shall not identify or disclose his/her Attorney's Opinion No. sff/INS13308 7 membership on a commission. If a question of membership arises, the member shall indicate that he/she is appealing and speaking only as an individual. If a commission member appears as the representative of the applicant or a member of the public, the Political Reform Act governs this appearance. The City Attorney should be consulted. Members should take notice that the Brown Act makes punishable as a misdemeanor, the attendance by a member at a meeting at which action is taken in violation of the Brown Act. "Action taken" is defined to mean a collective decision, commitment or promise by a majority of the members of such a body when setting as a body, upon a motion, proposal, resolution, order or ordinance. Further, the Brown Act provides that the City can be enjoined by the courts from violating the Brown Act. (See Section XII Ralph M. Brown Act). Commission Members Runnine for Elective Office Members of the City's commissions shall be permitted to retain membership on such appointive bodies while seeking any elective office. Members of appointive bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. Commission Positions on Ballot Prooosals and Legislation Commissions may review and make recommendations to the City Council on ballot proposals and legislation. The City Council shall review all such recommendations. Commission member shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion. 8 Bibliography Chapter 2.06 - Municipal Code Commissions -- General Provisions Procedure CCL-006 - City of Temecula - Preparation of Minutes City Attorney's Opinion No. sff/INS13308 - Public Hearine Process & Procedures sff/ORDl1001(010390-7) Sections: Chapter 2.06 COMMISSIONS -- GENERAL PROVISIONS 06.010 06.020 06.030 06.040 06.050 06.060 .06.070 .06.080 .06.090 .06.100 Commissions established. Number of members. Qualifications. Applications. Appointment. Term. Vacancies. Meetings/Quorum. Absence from meetings. Compensation. 2.06.010 Commissions established. There shall be established within the City a Planning Commission. The City Council may establish by ordinance or resolution such other commissions as it deems necessary. 2.06.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five (5) members. 2.06.030 0ualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the City Council, all members of commissions of the City shall, at all times during their incumbencies, be bona fide residents and registered voters of the City. No member of any commission shall be a City employee, nor shall any person be a member of more than one commission at any one time. No person shall be eligible for appointment as a commission member for more than two full consecutive terms (six (6) years). 2.06.040 ADDlications. The City Clerk shall maintain all applications submitted to the City for commission positions for a period of two (2) years. 2.06.050 Members: ADDointment and Removal. Members of each commission shall be nominated by an Ad Hoc Committee of two Councilmembers subject to the approval of a four-fifths (4/5ths) majority of the City Council. A majority of the Council may remove an appointee for good cause. The chairperson and vice-chairperson of each commission shall be selected by a majority of the membership of that commission. -21- sff/0RDl1001(010390-7) 2.06.060 Term. The term of each commission member shall be three (3) years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three (3) years; two for terms of two (2) years; and two for terms of one (1) year, said terms to be determined by drawing lot. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.06.050. 2.06.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. 2.06.080 Meetinas/Ouorum. The City Council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. 2.06.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. 2.06.100 Compensation. Unless otherwise required by law, commission members shall receive no compensation. -22- Pro. # 006 Date Revised 1/28/91 Dept. City Clerk CITY OF TEMECULA Policies and Procedures Preparation of the Minutes City Clerks in general law cities are specifically required to keep a record, journal of proceedings or minutes of City Council and City Commissions meetings (G.C. 36814 and 40801). The form in which this record is to be maintained is not spelled out in the Government Code, therefore, the City Council of the City of Temecula has approved the following policy. Purpose of Council Minutes Keeping a good record of City Council and City Commissions proceedings is very important. A sufficient record must be kept to furnish evidence that the City Council and City Commissions have complied with the law or rules by which they are governed, thus pointing to the need for accurate and clear proceedings. The facts contained in the minutes are also treated as evidence in a court of law. Form and Content of Council Meeting Minutes 1. Standard Format Use of a standardized format is needed to develop uniformity of minute entries and to save time in composing the record. The minutes will be drafted on word processing equipment to increase the efficiency of preparation. Jurisdictional Matters To establish proof that jurisdictional requirements have been complied with, it is important that minutes contain the following: Date, hour and place of meeting. Whether it is a regular, adjourned regular, or special meeting. That proper notice has been given it is a special meeting. The names of councilmembers/commissioners in attendance. If a councilmember/commissioner arrives late or departs before adjournment, the minutes should reflect the time of arrival and/or departure at that point in the minutes. Policies and Procedures City Clerk Pro. ~X)6 1/8/91 Approval of Previous Minutes Although there is no legal requirement that minutes be approved by the Council/Commission, the City of Temecula will place them on the agenda for approval, since it lends further weight to the accuracy and completeness of the record. Copies of the minutes will be provided to Councilmembers/ Commissioners in sufficient time prior to a City Council meeting to allow review. When approved as written, or as amended by the City Council or City Commission, the minutes are then official record. Record of Action Taken The City of Temecula requires "Action Only" minutes, where very little narrative is included, and only motions and votes are shown in the record. In adoption of a resolution or introduction or second reading (adoption) of an ordinance, the minutes shall include the title of the resolution or ordinance. If the ordinance is not going to be read in full, the motion shall include, and the minutes reflect that full reading was waived by unanimous vote of the members present. When the full reading is waived, but there is a split decision on introduction or adoption, the minutes shall show the separate actions and vote on each. Since any written record is the best evidence of its contents, a written report or written communication presented at a City Council and City Commission meeting need only be referenced in the minutes with the name and title of the author, date of the report or communication, subject of the communication or title of report, and the action taken on the matter. Oral reports or communications will be referenced in the minutes by name of person, address, the subject matter and any disposition made by the Council. Oral Debates, Arguments and Discussions The City Clerk/Minute Clerk will, as a matter of course, make no reference in the minutes regarding Councilmember's/Commissioner's remarks, except where a Councilmember/Commissioner specifically requests that his/her remarks be included in the minutes or when those remarks make reference to reasons for voting for or against a motion. Policies and Procedures City Clerk Pro. #006 1/8/91 6. Hearings Minutes of City Council and City Commission meetings with respect to hearings shall include: 1) Jurisdictional facts In order that there be sufficient proof that a hearing was held in compliance with the statue or ordinance governing same, the minutes shall record the fact that required notice was given in accordance therewith, and that the hearing was held at the time and place specified in the notice. 2) Evidence produced at hearings Written Evidence. Minutes shall make appropriate reference to any written evidence in the form of statements, affidavits, reports, photographs, maps, correspondence, or other objects filed at the hearing, and included as part of the record. Oral Testimony. The record shall show the name of the person speaking, his or her address, and whether testimony was for or against the hearing subject. The City Clerk will briefly refer to the content of the testimony in the minutes. Findings of Council/Commission. Usually the findings made by City Council and City Commissions in respect to public hearings are incorporated in the ordinance or resolution adopted as a result of the heating. When this is done, the minutes need not record these findings in the body of the minutes, but shall refer to the resolution or ordinance voted upon by the City Council and City Commissions. Arguments and Debates at Hearings. There is no requirement for inclusion in the record, but as a matter of procedure, the City Clerk/Minute Clerk will briefly note arguments and debates. Policies and Procedures City Clerk Pro. #006 1/8/91 Adjournment In recording adjournment, the minutes shall show whether it is to another time prior to the next regular meeting or merely adjourned. Adjournment will be by motion. Signing the Minutes The approved minutes will be signed by the Mayor or Commission Chairperson and certified by the City Clerk. 4 sff/~NS13308 CITY OF TEMECULA PUBLIC HEARING PROCESS & PROCEDURES The City Council and Planning Commission conduct public hearings on zoning matters, land development applications, and other matters as required by law. This document is provided to inform you of the process under which the public hearing will be conducted. The following steps will be taken: 1. City Staff will review the application/project/ matter, present a staff report, and may make a recommendation or propose alternatives to the City Council prior to the public hearing. 2. A notice of the public hearing will be posted and published, and when required by law mailed to all property owners within 300 feet of the project (for applications/projects involving specific properties) and mailed to all others who so request notice. 3. The Members of the City Council will receive the staff report for the application/project/matter in their agenda packet prior to the meeting. This provides the Council with an opportunity to study -1- .. sff/.INS13308 the staff report which will become part of the hearing record, and to become familiar with the project prior to the public hearing. When the public hearing is called, the City Staff will summarize the application/project/matter as contained in the staff report, or request a continuance to a future meeting. The City Council may ask questions of clarification during this time. Once the public hearing is opened, the applicant/proponent is entitled to present his application/project/matter in person or through a representative. The applicant/proponent is limited to a fifteen minute presentation. Following this presentation, all other proponents/supporters of the application/project/ matter are provided the opportunity to speak. Individual testimony is limited to three minutes; groups are limited to ten minutes. After the proponents finish, the Mayor will ask for any opponents or other concerned citizens to come forward to speak. Groups are limited to twenty minutes; individuals to three minutes. Once all opponents or concerned citizens have spoken, the applicant will be provided an -2- sff/INS13308 10. ll. 12. opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of opponents or staff. Rebuttal is limited to ten minutes. The Mayor or a majority of the Council may extend all time limits. Following each presentation, each Council Member may question the speakers. Following rebuttal, the item is then before the City Council for discussion and clarification. Any Member of the Council may then make a motion to: A. Continue the Public Hearing to a date certain to allow for further study/discussion; or S. Close the public hearing and do one of the following: 1. Approve the application/project/matter as submitted. 2. Conditionally approve the application/project/matter with certai]~ revisions. 3. Deny the application/project/matter. -3- sff/INS13308 14. 4. Deny the application/project/matter without prejudice (this action will allow applicant to refile without waiting a specified time period and will permit the waiver of the required fees). The applicant may withdraw the application/project/matter at any time before a vote is taken by the City Council. These rules apply equally to all other City Commissions. -4- sff/INS10308 CITY OF TEMECULA MAYOR'S GUIDELINES FOR THE CONDUCT OF PUBLIC HEARINGS The Mayor states "This is the time for the Public Hearing on Agenda Item # (Describe generally from agenda). The Mayor also explains the time limits on testimony· The Mayor opens the Public Hearing by calling on the City Manager for the Staff Report. (The City Manager will then call on the appropriate staff member to give the report·) Council Members may ask clarifying questions of staff· The Mayor calls on: A. The Applicant and Asks Them to State Their Name and Address for the Record B. Others in Favor of the Matter and Asks Them to State Their Name and Address for the Record C. Those in Opposition to the Matter or Concerned about the Application/Project/Matter and Asks Them to State Their Name and Address for the Record D. The Applicant for Rebuttal E. Following each presentation, the Council may guestion the speakers· -1- 4. The Mayor states: 'The issue is now before the City Council for discussion." 5. The Mayor calls upon individual Council Members who request recognition to speak. 6. Following discussion, the Mayor or any Member of the Council will make a motion to: A. Continue the public hearing to a date certain to allow for further discussion or study; or B. Close the Public Hearing and: [Do one of the following] 1. Approve the application/project/matter as submitted. 2. Conditionally approve the application/project/matter with certain revisions. 3. Deny the application/project/matter. 4. Deny the applicaton/project/matter without prejudice (this action will allow applicant to refile without waiting a specified time period and without repaying of the required fees) 7. The Council votes on the motion. 8. The Mayor then opens the next public hearing. 9. These guidelines apply equally to all other City Commissions. -2- RDA RESOLUTION NO. 91-04 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF TEMECULA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE. WHEREAS, the Redevelopment Agency of Temecula was activated pursuant to Ordinance Nos. 91-08, and 91-14, respectively; and; WHEREAS, it is foreseeable that the Redevelopment Agency officers and employees may participate in the making of decisions which could have a material impact on their personal financial interests distinguishable from the public generally; and, WHEREAS, the California State Fair Political Practices Commission has ruled that such material interests should be disclosed and in appropriate circumstances the affected official should abstain from voting or participating in such a decision; and, WHEREAS, "local agencies" including redevelopment agencies are required by Government Code Section 87300 to adopt a Conflict of Interest Code; and, NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the attached Conflict of Interest Code, is hereby adopted as the Conflict of Interest Code for the Redevelopment Agency of Temecula. SECTION 2. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of September, 1991. ~Moore, Chairperson ATTEST: J u~ t%Cle'~rk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, Secretary of the Redevelopment Agency of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91-04 was duly adopted at a regular meeting of the Redevelopmerit Agency of Temecula on the 10th day of September, 1991 by the following roll call vote: AYES: 4 AGENCY MEMBERS: Lindemans, Moore, Birdsall, Parks NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Mufioz 5/rdaresos -2- /PCA/COI19764 CONFLICT OF INTEREST CODE FOR THE REDEVELOPMENT AGENCY FOR THE CITY 6F TEMECULA SECTION 1. Purpose. Pursuant to the provisions Of Government Code Sections 87300, et seq., the Redevelopment Agency for the City of Temecula (hereinafter referred to as "Agency") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100 et seq.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 e__t seq.) are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees and officials which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees and officials should be disqualified from participating in Agency decision-making in order that conflicts of interest may be avoided. -1- /PCA/COI]9764 SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are deemed to make or participate in the making of decisions which may foreseably have a material effect on t~eir financial interest. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B". Each designated employee or official shall file an initial and annual statement of financial interests disclosing that employee's or official's interest in investments, business positions, interests in real property and income reportable under the category to which the employee's or official's position is assigned in Exhibit "B". SECTION 4. Place and Time of Filing. (a) All designated employees or officials required to submit an initial and annual statement of financial interests shall use FPPC Form No. 730 and shall file the original with the City Clerk's office. (b) The City Clerk's office shall make and retain a copy of the statement. (c) A designated employee or official required to submit an initial statement of financial interest shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including -2- ~/PCA/CO I 19764 investments, business positions, and interests property on the effective date of this Code or designated employee or official assumed office, in real the date the whichever is later, and income received during the twelve (12) months prior to the effective date of this Code. (d) All persons hereafter appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assuming office. (e) Annual statements shall be filed by April 1, of each year by all designated employees and officials. Such statements shall disclose reportable investments, business positions, interests in real property, and income held or received at any time during the previous calendar year or since the designated employee or official took office if during the calendar year. (f) A designated employee or official required to file a statement of financial interest with any other agency which is within the same territorial jurisdiction and whose disclosure requirements are comparable may comply with the provisions of this Code by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate statement. (g) Every designated employee or official who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business -3- :/PCA/COI~9764 positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. (h) A designated .~mployee or official who resigns his or her position within 30 days following initial appointment is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, participate in making, or use the position to influence any decision of the City or receive or become entitled to receive any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's Office, FPPC Form No. 730, and shall contain the following information: (a) Contents of Investment and Real Property Reports. When an investment or an interest in real property is required to be disclosed, the statement shall contain: (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; -4- /PCA/COI19764 (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollar~ ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not include the principal residence of the designated employee or official or any other property which the designated individual utilizes exclusively as that individual's personal residence. (b) Contents of Personal Income Reports: When personal income* is required to be disclosed the statement shall contain: (1) The name and address of each source of income totaling two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income * "Income is defined in Title 9, Chapter 2 of the Government Code (Section 82030). That definition is attached hereto as Exhibit "C". -5- :/PCA/COlI9764 was a gift, and a general description of the business activity, if any, of each source; (2) A statement whether the total value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value and the date on which the gift was received; (5) In interest rate and the the case of a loan, the annual security, if any, given for the loan. (c) Contents of Business Entity Reports. When the designated employee's or official's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: -6- X/PCA/COI19764 (1) description of the (2) The name, address, and a general business activity of the business entity; The name of every person from whom the business entity received payments if the designated employee's or official's pso rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year: (3) Income of a business entity is required to be reported only if the direct, indirect, or beneficial interest of the designated employee/official and his or her spouse in the business entity totals a 10 percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee/official. (d) Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee/official shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management; a description of the business entity in which the business is engaged, and the /PCA/COI19764 designated employee's or official's position with the business entity. (e) Acquisition or Disposal During a Calendar Year. If any otherwise reportable investment or interest in real property was partially'or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. No designated employee shall acquire any interest in any real property included within a redevelopment project area subject to the limited exceptions contained in Section 33130 of the Health and Safety Code. SECTION 6. Disqualification. Designated employees and officials shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial effect (distinguishable from its effect on the public generally) on the designated employee, or a member of his or her immediate family, or on: (a) Any business entity in which the designated employee/official has a direct or indirect investment worth one thousand dollars ($1,000) or more; (b) Any real property in which the designated employee/official has a direct or indirect interest worth one thousand dollars ($1,000) or more; -8- ~/PCA/COI19764 (c) Any source Of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, totaling two hundred fifty dollars ($250) or mon~ in value provided to, received by, or promised to the designated employee/official within 12 months prior to the time when the decision is made; (d) Any 5usiness entity in which the designated employee/official is a director, officer, partner, trustee, employee, or holds any position of management; or (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts totaling two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee/official within 12 months prior to the time when the decision is made. For purposes of this section, "indirect investment or interest" means any investment or interest owned by the spouse or dependent child of a designated employee/official, by an agent on behalf of a designated employee/official, or by a business entity or trust in which the designated employee/official, and/or his agents, spouse, and dependent children own directly, indirectly, or beneficially a 10 percent interest or greater. No designated employee/official shall be required to disqualify himself or herself with respect to any matter -9- ~/PCA/CO~19764 which could not legally be acted upon or decided without his or her participation. A designated employee/official required to disqualify himself or herself shall notify the Executive Director and the Secretary,'and the Secretary shall record the person's disqualification. Violations Pursuant to Government Code Section 87300, this Code "shall have the force of law" and any violation of any provision of this Code shall be punishable in accordance with Government Code Sections 91000 to 91015 and include criminal and civil sanctions, as well as discipline within the City's Personnel System. sff/AGRl16001 -10- (/PCA/COllg~64 SECTION 7. EXHIBIT "A" Designated Temecula Employees and Officials and Disclosure Categories The following Redevelopment Agency positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Agency Members ............................................ 1 Executive Director ........................................ 1 Secretary ................................................. 1 General Counsel ............................................ 1 Members of the Old Town Redevelopment Advisory Committee...1 Members of Project Area Committee(s), if applicable ........ 1 A-1 /PCA/COI19764 SECTION 8. EXHIBIT "B" Categories of Reportable Economic Interests Designated Persons in Category "1" Must RepOrt: All investment interests, interests in real property, income, and any bdsiness interests in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These interests and income are reportable only if partially or wholly derived from activities conducted within the jurisdiction of the Redevelopment Agency and located within a redevelopment project area or within a two mile radius of a project area. Prospective business interests in a redevelopment project area are reportable and business interests existing at any time during the two years prior to the filing of the disclosure statement, are reportable. The Redevelopmerit Agency reserves its right to add other categories of Reportable Economic Interests and to redesiqnate positions where necessary or in compliance with the Political Reform Act, as amended B-1 (/PCA/COI19764 EXHIBIT "C" 82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filet, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10-percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) "Income" also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except C-1 ×/PCA/CO~19764 proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony Or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to oEficial status if: (A) ...... Used to purchase, refinance the purchase of, or for improvements to, the principal residence of filer; or .(B).The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States Government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. C-2 1991-1992 STATEMENT OF ECONOMIC INTERESTS FOR DESIGNATED EMPLOYEES FORM 730 AND INSTRUCTIONS IF YOU ARE AN OFFICIAL OR EMPLOYEE WHOSE POSITION IS DESIGNATED IN A CONFLICT OF INTEREST CODE, USE THE FORM 730 TO FILE: ASSUMING OFFICE STATEMENT ANNUAL STATEMENT LEAVING OFFICE STATEMENT INITIAL STATEMENT CANDIDATE STATEMENT Prepared by the Fair Political Practices Commission P,O Box 807 Sacramento, CA 95804-0807 Phone' (916) 322-5662 GIFT LIMITATIONS AND HONORARIA PROHIBITION Gift Limitations Elected State Officers may not accept gifts with a value of more than $250 in a calendar year from a single source. Local Elected Officers may not accept gifts and honoraria with a value of more than $1,000 in a calendar year from a single source. State Board and Commission Members, and State AGency Officials and Desiclnated Emplo ees may not accept gifts with a value of more than $250 in a calendar year from a sin (e source i~/the member or employee would be required to report the receipt of income or gifts ~rom that ~ource on his or her statement of economic interests. This prohibition does not apply to a part-time member of the governing board of a public institution of higher education, uhless the member is also an elected official. Exceptions To Gift Limit: The following are not prohibited or limited by the Political Reform ACt: The items listed in "Exceptions From Disclosure" in the instruCtions for "Completing Schedule F -- Gifts" of this disclosure form. Payments, advances, or reimbursements for travel and related lodging and subsistence as described in "Travel Payments." However, many payments for travel, lodging and subsistence must be disclosed. -- Wedding gifts. However, wedding gifts must be disclosed. Gifts From Lobb ists: EleCted state officers and certain state board and comm ss on members and state agency o~icials and empl"~es are prohibited from accepting a g ft or gifts, inc ud ng wed~T~'~gifts, aggregating more than $10 in a month from a obbyist or lobbying firm registered with the Secretary of State. "Gift" means anything of value, whether tangible or intangible, for which equal or greater value is not provided. You must disclose girls with an aggregate value of $50 or more received during the reporting period from a single source, without reQard to the location of the donor (inside or outside your 'urisdiction). Any number of gifts from one person the values of which add up to $50 or more c~uring the reporting period, must be disclosed. Honoraria Pri3hibition Elected State Officers may not accept any honorarium. "Honorarium" means, with the exceptions noted below, any payment made in considerat on for any ~peech given, art c e I pub ished, or attendance at al%y public or private conference, convention, meeting, social event, meal, or like gathering. Local Elected Officers may not accept honoraria for any speech given, article published, or attendance at any public or private conference. convention, meeting, soc a event. meal, or Jike gathering, or gifts which aggregate more than $1,000 from a single source in a calendar year. Members of State Boards and Commissions, and Employees of State Aqencies may not accept an honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of econ6mic interests. This prohibition does not apply to any part4ime member of the governing board of any public institutionof higher education unless the member is also an ele. cted official. Exceptions To Honoraria Prohibition: 1. "Honorarium" does not include earned income for personal services which are customarily provided in connection with the practice of a bona fide business, trade, or profession, such as . teaching practicing law, medicine, insurance. real estate, banking, or building contracting, h unless the sole or predominant activity of the business, trade, or profession is making speec es. 2. This prohibition does not apply to payments, advances, and reimbuniements for travel and related lodging and subsistence, as described in 'Travel Payments" below. 3. This prohibition does not apply to any honorarium which is not u~ed and, within'30 days after receipt, is either returned to the donor or delivered to the Controller for donation to the General Fund, without being claimed as a deduction from income for tax purposes. Travel Payments with the following exceptions, payments and reimbursements for travel are subject to the gift limitations set out above: Payments. advances. or reimbursements for travel, including actual transportation and related lodging and subsistence which is reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited, if either of the following apply: (1) The travel is in connection with a speech given by the elected officer or state emplo ee, the lodging and subsistence expenses are limited to the day immediately preceding the day o~, and the day immediately following the speech, and the travel is within the United States. (2) The travel is provided by a government, a governmental agency, a foreign overnment, a governmental authority, a bona fide public or private educational institution, as c?efined in Section 203 of the Revenue and Taxation Code, or a nonprofit charitable or religious organization which is exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code, or by a person doralolled outside the United States which substantially satisfies the requirements for tax exempt status under Section 501 (c) (:3) of the Internal Revenue Code. (3) Travel costs paid from campaign funds. (4) Travel provided by the agency of an elected officer, member of a state board or commission, or designated employee of a state agency. (5) Travel which is reasonably necessary in connection with a bona fide business, trade, or profession and which satisfies the criteria for federal income tax deduction for business expenses in Sealions 162 and 174 of the Internal Revenue Code, unless the sole. or predominant ~tctivity of the business, trade, or profession is making speeches. (6) Travel which is excluded from the definition of a gift by any other provision of the Political Reform Act. NOTE: Travel payments which are not prohibited or limited may have to be disclosed. Refer to the instructions for completing Schedule D-1 for detaded information. TYPES OF STATEMENTS AND WHEN STATEMENTS MUST BE FILED FAILURE TO FILE STATEMENTS ON TIME MAY RESULT IN PENAL TIES INCLUDING BUT NOT LIMITED TO LATE FINES. Assuming Office Statement: File if you assume a position designated in your agency's conflict of interest code. a. Positions subject to State Senate confirmation - File no later than 30 days after your appointment or nomination by the Governor. b. AII other positions - File no later than 3O days after you assume office. Annual Statement: File at the time prescribed in your agency's conflict of interest code (April 1 for most fliers). Leaving Office Statement: File no later than 30 days after you leave your designated position. Initial Statement: If your agency has a newlv-adoOted conflict of interest code, file no later than 30 days after the effective date of your agency's conflict of interest code. If your position was newly designated in your agency's conflict of interest code, file no later than 30 days after the effective date of the amendment to the code. Candidate Statement: File no later than the final filing deadline for your declaration of candidacy. (Candidates for elective offices not specified in Coy. Code Section 87200 must file a "candidate" statement (Form 730) only if required by the agency's conflict of interest code.) WHERE MUST STA TEMENTS BE FILED? All statements, except those filed by State Assembly Staff members, are filed with your own agency, board or commission unless otherwise specified in your agency's conflict of interest code. State Assembly staff members file their statements directly with the Fair Political Practices Commission. You must file an originally signed statement of economic interests with each agency, board or commission with which you hold a designited position covered by a conflict of intereSt code. CONFLICT OF INTEREST CODE DISCLOSURE CA TEGORIES Before completing this form, contact your agency, board or commission to receive a copy~ of your disclosure category, which outlines the type of information you' must disclose. FORM 730 Statement of Economic Interests For Designated Employees Date Received by Filing Official (Type or Print in ink) NAME OF FILER A PUBLIC DOCUMENT 1991/92 NAME OF AGENCY MAILING AODRESS CHECK THE APPROPRIATE BOX(ES): JPOSITION TITLE DAYTIME TELEPHONE NUMBER ) ASSUMING OFFICE STATEMENT: [] Date Positions subject to State Senate confirmation - File no later than 30 days after your appointment. [] Date All other positions - File no later than 30 days after you assume office. You must disclose on Schedules A. B, C-1. C-2. and G all reportable investments, interests in real property and businesspositionsrequiredbyyourdisclosurecategory, heldonthedateyouassumed ourposition. lnaddition, you must disclose on Schedules D. D- I, E, F. H- 1, H-2 and H-3 income from all reportable sources received during the 12 months priorto the date you assumed office. ANNUAL STATEMENT: (Required to be filed for each year that you hold your designated position.) [] You are required to file a statement no later than disclosing all reportable investments, interests in real property and business positions held and income received during the period from January 1. 1991 through December31, 1991. LEAVING OFFICE STATEMENT: (Required to be filed when you leave your designated position.) [] You are leaving or have left your position on and must file a statement no later than 30 days aher that date. You must disclose all reportable investments, interests in real property and business positions held and income received during the period from January I, 1991 through the date you left your designated position. INITIAL STATEMENT: (Check the box below ONLY if your position has been recently designated or if you are filing under a new Conflict of interest Code for your agency.) [] .The conflict of interest code for your agency became effective or ~,our position was newly designated You must file a statement no later than 30 days after this date. You must disclose on Schedules A, B, C* I, C-2 and G all reportable investments. interests in real property, and business positions he~d on the date your agency's code or your designation became effective. In addition, you must disclose on Schedules D, D- I, E, F, and H- I, 2 and H-3 inc'>me from all reportable sources received d~ring the 12 months prior to the date your agency's cede or your designation became effective. CANDIDATE STATEMENT: (If required by the conflict of interest code of the jurisdiction in which you are seeking elective office.) [] The conflict of interest code specifies the types of interests you must disclose, You may be required to complete Schedules A, B, C-1. C-2 and G. THE FOLLOWING SUMMARY MUST BE COMPLETED BY ALL FILERS (Do not complete this summary until you have carefully reviewed the instructions for each schedule) SCHEDULE A -- INVESTMENTS (Which Are Not Held By A Business Entity Or Trust) [] COMPLETED AND ATTACHED [] NO REPORTABLE INTERESTS [~ SCllEDULE DOESNOTAPPLY · TO lay DISCLOSURE CATEGORY SCHEDULE B o- INTERESTS IN REAL PROPERTY (Whleh Are Not Held By A Business Entity Or Trust) D COMPLETED AND ATTACHED [] NO REPORTABLE INTEaEM [] SCIIEDULE DOESNOTAPPLY TO MY DISCLOSURE CATEGORY SCHEDULE C-I- INTERESTS IN REAL PROPERTY HELD BY A BUSINESS ENTITY ORTRUST [] COMPLETED AND ATTACIIED [] NO REPORTABLE INTERESTS [] SCHEDULE DOEENOTAPPLY TO MY DISCLOSURE CA TEGORY SCHEDULE C-2 -- INVESTMENTS HELD BY A BUSINESS ENTITY OR THUST ~3 COMPLETED AND ATTACIIED [] NO REPORTABLE INTERESTS SCHEDULE D - INCOME (Other Than Loans And Gifts ) [] COMPLETED AND ATTACHED [] NO REPORTAELE INTERESTS [] 9CHEDULE GOES NOT APPLY TO MY DISCLOSURE CATEGORY [] SCHEDULE GOESNOTAPPLY TO MY DISCLOSURE CATEGORY SCHEDULE D-1 -- INCOME - TRAVEL PAYMENTS, ADVANCES, REIMBURSEMENTS [] COMPLETED AND ATTACHED [~ NO REPORTABLE INTERESTS [] SCHEDULE GOESNOTAPPLY TO MY DISCLOSURE CATEGORY SCHEDULE E -- INCOME - LOANS (Received Or Outstanding During The Reporting Period) ]COMPLETED AND ATTACIIED [] NO REPORTABLE INTERESTS SCHEDULE F -- INCOME - GIFI'S [] COMPLETED AND ATTACHED [] NO REPORTABLE INTERESTS SCHEDULE G-- BUSINESS POSITIONS [] COMPLETED AND ATTACHED [] NO REPORTABLE INTERESTS [] SCHEDULE DOESNOTAPPLY TO MY DISCLOSURE CATEGORY ]SCHEDULE DOES NOT APPLY TO MY DISCLOSURE CATEGORY ] SCHEDULE GOES NOT APPLY TO MY DISCLOSURE CATEGORY SCHEDULE H-I --COMMISSION INCOME RECEIVED BY BROKERS, AGENTS AND SALESPERSONS [] COMPLETED AND ATTACHED [] NO REPORTABLE INTERESTS [] SCHEDULE DOESNOTAPPLY TO MY DISCLOSURE CATEGORY SCHEDULE H-2--INCOME AND LOANS TO BUSINESS ENTITIES OR TRUSTS [] COMPLETED AND .:kITACHED [] ~r0 REPORTABLE INTERESTS SCHEDULE H-3 -INCOME FROM RENTAL PROPERTY [] COMPLETED AND ATTACHED [] NO REPORTABLE INTERESTS VERIFICATION [] SCHEDUL~ DOES NO T APP£Y TO MY DISCLOSURE CATEGORY [] SCHEDULE GOES NOT ARPLY TO MY DISCLOSURE CATEGORY I have used all reasonable diligence in preparing this statement, I have reviewed the statement and to the best of my knowledge the mformat~on contained herein and in the attached schedules is true and I comp ere. I certify under penalty of pedury under the laws of the State of California that the foregoing is true and correct. Execute~ on , 19 , at SIGNATURE INFORMATION FOR COMPLETING SCHEDULE A - Investments ( Which Are Not Held By A Business Entity Or Trust) BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INVESTMENTS YOU MUST DISCLOSE. Yo:J must report as an investment any financial interest in any business entity located in or doing business in your jurisdiction in which you or your immediate family (your spouse and your dependent children) had a direct, indirect or beneficial interest aggregating $1,000 or more during the reporting period. In addition, if you had a 10% or · greater interest in a business entity, please see Schedules C-I, C-2 and H-2. A business entity is located in or doing business in the jurisdiction if it. a parent or subsidiary. or a related business entity: · Manufactures, distributes, sells or purchases products or services on a regular basis in the jurisdiction; or · Plans to do business in the jurisdiction; or Has done business in the jurisdiction within the previous two years; or a Has an interest in real property in the jurisdiction; or · Has an office in the jurisdiction The most common types of investments are: · Sole proprietorships · Partnerships · Stocks, bonds, warrants and options including those held in margin or brokerage accounts · individual Retirement ACCOunts (IRAS) which are invested in reportal)le business entities or real property You are not required to disclose the following investments: · Bank accounts, savings accounts and money market accounts · Insurance policies · Shares in a credit union · Government bonds · Diversified mutual funds registered with the Securities and Exchange Commission (SEC) · Common trust funds created under California Financial Code Section 1564 · Individual Retirement Accounts (IRAS) invested in non-reportable interests such as insurance policies, diversified mutual funds or government bonds EXAMPLE, SCHEDULE A Assume that: · You have a 50% partnership interest in ABC Land Developers, valued at S250,000, which you did not acquire or dispose of during the reporting period. Your partnership in ABC Land Developers must be disclosed. Schedule A should De completed as follows: NAME OF BUSINESS ENTITY ABC Land Developers Parmeg'ship GENERAL DESCRIPTION OF BUSINESS ACTIVITY Land Developer If Acqu:re~i Or D,sposed Durtn~ The Reporting Period, You Must Indicate Month, Day And Yeir: Date A~qeired: ~ VALUE [] $1.000-510.0Q0' ] averS100.000 NOTE: You may be reduired tO report on S~hedule D any salary commission, distribution or other income ($250 or more) rec~eived by you or your spouse from business entities listed on S~hedule A. ' *If you have checked this box you must report any interests in real property and investments he d by the NAME Schedule A - Investments (Which Are Not Held By A Business Entity Or Trust) (SEE INSTRUCTIONS ON PRECEDING PAGE) NAME OF BUSINESS ENTITY NATURE OF INVESTMENT, LG.CQMMONSTO(K. pAetneaSN~,mtlei$1 GENERAL DESCRIPTION OF BUSINESS A~IVITY ' NAME OF BUSINESS ENTI~ If ACquired Or DisOosed During The Rel)ortmg Period, YOu Must Indicate Month. Day And Year: Oate ACquired: Date Oit4)osed: If ACquired Or Disposed During The ReBorting Period, You Must Indicate Month, Dry At4 Year: Date ACguired: Oate DisDosed: VALUE [] $1,000-$10,000 ] Over$100,000 VALUE ]S1.000-$10.000 [] $10.001-$100.000 ]DyerS100,000 OwnershiD Interest ] Less than 10% ] 10%orgreater* NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF BUSINESS ACTIVITY NAME OF BUSINESS ENTITY GIENERAL DESCRIPTION OF BUSINESS ACTIVITy If Acqu,red Or Disposed During The Re;ortmg Per:De. You Must Indicate Month. Day And Year: Date Acclu:red: Date Desposed: VALUE [] S1.000-S10.000 [] DyerS100.000 OwnershaD interest ] Lessthan 10% ] 10% orgreater* VALUE ]S1.000-S10,O00 [] Over S100.000 NOTE: YOU MAY BE REQUIRED TO REPORT ON SCHEDULE D ANY SAI.~RY, COMMISSION, DISTRIBUTION OR OTHER INCOME (S250 OR MORE) RECEIVED BY YOU OR YOUR SPOUSE,FROM ANY BUSINESS ENTITY USTEO ON SCHEDULE A. *if you have Checked this box, you must report on Schedules C-1 and C-2 any interests in real property and investments hetd by the busineEs entity. In addition, if your pro rata share of the gross income from any one source was S 10,000 or more, you may be required to report the name of that source on Schedule H-2. [] If additiOrral space is needed, check box and attach an additional Schedule A. INFORMATION FOR COMPLETING SCHEDULE B - Interests In Real Property ( Which Are Not Held By A Business Entity Or Trust) BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR A GENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INTERESTS YOU MUST DISCLOSE. YOu must report interests in real property located in our jurisdiction in which you or your immediate family had a direct. indirect or beneficia interest aggregat ng $1,001~or more at any time dur ng the report ng period. Jurisdiction for reporting interests in real property: Judges, court commissioners state officeholders and state agenc officials and employees have statewide jurisdic'uon and must report reat property located anywhere witffim the State of Californ a An riterest n real property is in the jurisd c'don of a c~t or county if t is located in, or w th n two mes of, the cty or county or within two miles of any land owned or usedYby the city or county. ' ' Interests in real property include: · A leasehold interest* · A beneficial ownership interest · A deed of trust · An easement · An option to acquire any of the above · An interest in real property held by an IRA in which you have a 10% or greater interest You are no__t required to disclose the following interests in real property: · Any residence which you utilize exclusively as your personal residence unless it is also a place of business e g, family farm, retail business, or vacation renta, n wh ch case you are required to disclose only the value of that portion of the property which is used in connection with your business activities. · Interests in real property acquired by a blind trust pursuant to FPPC Regulation 18235. Reporting Interests in Rental Property and Income from Rental Property If you or your immediate family have an interest in a rental property directly, i.e., not through a business entity, you must report: · The property on Schedule B; · Your share of the total amount of rental income received from the property on Schedule D; and · If your ownership interest is 10% or greater, the name of any tenant who paid rent of which your share was $10,000 or more on Schedule H-3. If you or your immediate family own a 10% or greater interest in a business entity, such as a partnership or joint venture, which owns real property, you must report: · The business entity on Schedule A; · The property held by the business entity on Schedule C- 1 · Your share of the total amount of income, incl udi ncj rents received from the business ant ty on Sched u · D · The name of any c lent or customer who provided ~ncome to the bus hess entity of which your pro rata share was $10,000 or more on Schedule H-2. · An interest in a lease on real property is reportable if the value of the leasehold interest is $1,000 or more. The value of the leasehold interest is the total amount of rent owed by you durin the reporting period or on an assuming office statement, during the prior 12 months. No leasehold interest wi~gh a value Of less than $'1,000 need be reported. When reporting a leasehold interest, you must include the address or other precise location of the leased property and the date upon which the lease became effective, if this occurred during the reporting peri od. EXAMPLE, SCHEDULE B Assume that: · You have a 25% interest in a commercial rental buitding at 14738 Spruce Street, Little Town. The fair market value of your interest in the building is $85,000 and you did not accluire or dispose of the property during the reportmg period. Schedule B should be completed as follows: STREET ADDRESS OR PRECTSE LOCATION OF PROPERTY CITY 14738 Spruce Stzeet Little Town NATURE OF INTEREST. E.G., OPTION. OWNERSHIP, LEASEHOLD, DEED OF TRUST Ownership If Acquired Or Dasposeci During The Oate ~cauired: If Rental ProDeft'/, FAIR [] SI,000-S1Q,000 MARKET D~]~10,001-$100,000 VALUE [] DyerS100,000 .come C,=50 o, m0rel,.ce,vedbyyouoryourspo.se you have a 10% or greater interest in a rental property, you may have additional reporting reQuirementS on Schedule H-3. NAME Schedule B - Interests In Real Property (Which Are Not Held By A Business Entity Or Trust) (SEE INSTRUCTIONS ON PRECEDING PAGE) 'STREET.ADDRESS OR PRECISE LOCATION OF PROPERTY ~CITY NATURE OF INTEREST, E.G., OPTION, OWNERSHIP, LEASEHOLD, DEED OF TRUST FAIR [] $1.000-$t0.000 MARKE. T [] $10,001-S100,000 · VALUE [] Over$100,O00 If Acquired Or Disposed DUring The Date Acquired: Reporting Period You Must Indsr,~te Date Disposed: Month. Day And Year: STREET ADDRESS OR PRECISE LOCATION OF PROPERTY NATURE OF INTEREST, E.G.. OPTION, OWNERSHIP, LEASEHOLD. DEED OF TRUST FAIR [] $1.000-$10,000 MARKET [] $10,001-$I00,000 VALUE [] DyerS100,000 If Acquired Or Disposed Ounng The Reporting Period You Must Indecite Month, Day And Year: Date DP~posed;, NATURE OF iNTEREST, E.G., OPTION, OWNERSHIP, LEASEHOLD. DEED OF TRUST STREET ADDRESS OR PRECISE LOCATION OF PROPERTY If Rental Propor'of, Chvnef$hip Interest Is EZ]Lessthan 10% ] 10% orgreater' FAIR [] $1,000-$10.000 MARKET [] $10,001-$100,000 VALUE [] Over $100.000 CITY NATURE OF INTEREST, E,G, OPTION, OWNERSHIP, LEASEHOLD, DEEDOF TRUST FAIR [] S1.000-S10.000 MARKET [] $10,001-S100,00Q VALUE [] Over $1~0.000 If AcRuired Or DisOose~ During The Date Acquired: If Rental Property, [] Less than 10% NOTE: YOu may be required to report ;)n Schedule O any income ($250 or more) received by you or your Spouse from rental property listed on Schedule B. *If you have a 10% or greater interest in a rental property. you may have additional reporting requirements on Schedule H-3. [] If additional space is needed, check box and attach an additional Schedule n. INFORMATION FOR COMPLETING SCHEDULE C-1 - Interests In Real Property Held By Business Entities Or Trusts BEFORE COMPLETING THIS SCHEDULE, CONSUL T YOUR A GENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPE OF INTERESTS YOU MUST DISCLOSE. If, during the reporting period, you or your immediate family had a 10% or greater interest in a business entity or in a trust, and If, during the reporting period, the business entity or trust held interests in real property: You must report such interests in real property if your pro rata share in any interest in real property is $1,000 or more and if the real property is Iotated in your jurisdiction. In addition, you must report the business entity holding such interests in real property as an investment on Schedule A. Reporting Assets Held By A Trust: You must disclose interests in real property held by any trust in which you have a 10% or greater interest, if your pro rate share of the interest in real property is $1,000 or more. Pursuant to FPPC Regulation 18234, you have an interest in .a trust if you are: 1. A maker and: a. can revoke or terminate the trust; or b. have retained any rights to the income or principal of the trust or retained .any reversionary or remainder interest; or c. have retained any power of appointment including the power to change the beneficiaries. 2. A beneficiary and: a. presently receive income; or b. have an irrevocable future right to receive income or principal. If you are only a trustee, you do not have a reportable interest in the trust. EXAMPLE, SCHEDULE C-1 Assume that: · You have a 50% partnership interest inABC Land Developers worth $250,000. · ABC Land Developers owns real property worth $300,000 located within your jurisdiction. The real property was not acquired or disDosed of during the reporting period. Your 50% interest in 'ABC Land Developers must be reported on Schedule A. The reat property held by ABC Land Developers must be reDorted on Schedule C-1 as follows: INTERESTS IN REA.L PROPERTY HELD BY: ABC Land Developers (Name Of Business Entity Or Trust Holding The Real Property)* STREET ADDRESS OR PRECISE LOCATION OF PROPERTY C]TY. AP 0'~9 589202 Little Town NATURE OF INTEREST. E.G., OPTION,OWNERSHIP, LEASEHOLD, DEED OF TRUST OwnershiD If Acqu,red Or DisDosed Outing Date Acclu,red: FArm ~ S1,000-$10.000 M&aK[T S10.001-$100,000 Over S100.000 'Your investment in this Dusiness entity must be reDoRed on Schedule A-investments. NAME Schedule C-1 - Interests In Real Property Held By A Business Entity Or Trust (SEE I.NSTRUCTIONS ON PRECEDrNG PAGE) INTERESTS IN REAL PROPERTY HELD BY: (Name Of Busmess Entity Or Trust Holding The Real Property)" STREET ADDRESS OR PRECISE LOCATION OF PROPERTY CITY NATURE OF INTEREST, E.G., ORTION,OWNERSHIP. LEASEHOLD. DEED OF TRUST ~Acc~umredpeOr D~spyocsed Durm9 The Date Acquired: eDortlng ertod Ou Must Intocare Month, Day And Year' Date D~$Oosed: STREET ADDRESS OR PRECISE LOCATION OF PROPERTY CITY NATURE OF INTEREST, E G.. OPT ON,OWNERSHIP. LEASEHOLD. D~ED OF TRUST FAIR [] $1.000-$10.000 MARKET [] $10.001-$100.000 VALUE [] Over $100.000 FAIR [] $1,000-S10,000 MARKET [] $10.001-S100,000 VALUE [] Over $100.000 FAIR F~ Sl.000-$I0.000 MARKET $10.001-$100.000 VALUE [] Over $100,000 FAIR [] Sl,000-$10,000 MARKET [] 310,001-3100,000 VALUE [] Over$100.000 FAIR [] Sl,000-$10.000 MARKET ["} S10,001-S100,000 VALUE [] Over 3100.000 *Your investment in this business entity must be reported on Schedul? A-Investments. [] If additional space is needed, check box and attach an additional Schedule C-1. INFORMATION FOR COMPLETING SCHEDULE C-2 - Investments Held By Business Entities Or Trusts BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES INTERESTS YOU MUST DISCLOSE. If, during the reporting period, you or your immediate family had a 10% or greater interest in a business entity or in a trust, and If, during the ~'eporting period, the business entit~ or trust held investments: You must report such investments if your pro rata share of any investment is $1,000 or more and the investment is in a business entity located in, or doing business in, your jurisdiction (report this on Schedule C- 2). In addition, you must report the business entity holding such investmentS as an investment on Schedule A. Reporting Assets Held By A Trust: You must disclose investmentS and interests in real property held by any trust in which you have a 10% or greater interest, if your pro rata share of the investment or interest in real property is $1,000 or more. Pursuant to FPPC Regulation 18234, you have an interest in a trust if you are: 1. A maker and: a. can revoke or termi hate the trust; or b. have retained any rights to the income or principal of the trust or retained any reversionary or remainder interest; or c. have retai ned_~an.~, power of appointment including the power to change the beneft ciaries. 2. A bene~ciaQl and: a. presently receive income; or b. have an irrevocable future right to receive income or principal. If you are only a trustee, you do not have a reportable interest in the trust. EXAMPLE, SCHEDULE C-2 Assume that: · ABC land Developers owns common stock worth $3,000 in Ajax Building Materials, which does business in your jurisdiction. The investment was not acquired or disposed of during the reporting period. Your 50% interest in ABC Land Developers must be reported on Schedule A. The common stock held by ABC Land Developers must be reported on Schedule Co2 as follows: INVESTMENTS HELD BY: ABC Land DeveloOers (Name Of Business Entity Or Trust Holding The Investment(s))* NAME OF BUSINESS ENTITY Ajax BuildLug Materials NATURE OF INVESTMEI:IT, E.G,. COMMON STOCK, PARTNERSHIP Common Stock GENERA J, DESCRIPTION OF BUSINESS ACTIVITY Manufactures BuildLug Supplies If Acqu:red Or OispOse~ During The FAIR ReDOfling Period, You Muff Indicate MARKET Month. Day And Year: VALUE *Your in~'estment in this business entity must be reported on Schedule A-Investments. ] Sl.ooo-slo.ooo ] Over$100.O00 NAME Schedule C-2 - Investments Held By A Business Entity Or Trust (SEE INSTRUCTIONS ON PRECEDING PAGE) INVESTMENTS HELD BY: (Name Of Business Entity Or Trust Holding The Investment(s))* NAME OF BUSINESS ENTITY NATURE OF INVESTMENT, E,G,, COMMON STOCK. PARTNERSHIP GENERAL DESCRIPTION OF BUSINESS ACTIVITY If Acquire Or Deslxlsed During The Reportrag Period, You Must Indicate FAIR MARKET Month. Day And Year: VALUE Date Acquired: Date Ols;~)sed: ] $1.000-S10.000 ] Over$100.O00 NAME OF BUSINESS ENTITY NATURE OF INVESTMENT. E .G., COMMON STOCK, PARTNERSHIP GENERAL DESCRIPTION OF BUSINESS ACTIVITY IfAtj:luirodOrDislx)sedDuringThe FAIR ~ Sl.000-$10.000 RelN)rtlng Period, You Must Indtcate MARKET $ I 0.001 -S 100.000 Y Ova r $100.000 MOnth, Day And ear: VALUE Date Acquired: Date Disposed: NAME OF BUSINESS ENTITY NATURE OF INVESTMENT, E,G,. COMMON STOCK, PARTNERSHIP GENERAL DESCRIPTION OF BUSINESS ACTIVITY If Acquire Or Dislx~ted During The FAIR Repoellng Period. You Must Indicate MARKET Month. Day And Year: VALUE Date Acquired: Date Disposed; Over S100.000 NAME OF BUSINESS ENTITY NATURE OF INVESTMENTsE.G., COMMON STOCK. PARTNERSHIP GENERAL DESCRIPTION OF BUSINESS ACTIVITY NAME OF BUSINESS ENTITY If Acquired Or Olsl;~osed During The FAIR RepOrting Period. YOu Must Indicate MARKET MOnth, Day And Year: VALUE $1.000-S10.000 ] OverSlO0.000 NATURE OF INVESTMENT. E.G., COMMON STOCK, PARTNERSHIP GENERAL DESCRIPTION OF BUSINESS ACTIVITY If Acquired Or D~sOosed Dunng The FAIR ~ S 1.000-S 10,000 Reportrag Period. You Must Inaecate MARKET S 10,001 -S 100.000 Month. Day An~lYear: VALUE [] OverS100,000 Date Acquired: Date D~sOosed: NAME OF BUSINESS ENTITY NATURE OF INVESTMENT. E.G.. COMMON STOCK, PARTNERSHIP If Acquired Or Dis;Died During The FAIR Reporting Period. You Must indicate MARKET Y Month. Day And ear: VALUE GENER~AL DESCRIPTION OF BUSINESS ACTIVITY Date Acquired: · *YOur investment in this business entity must be reported on Schedule A-Investments. Over $100.000 ] If additional space is needed. check box and attach an additional Schedule C-2, INFORMATION FOR COMPLETING SCHEDULE D - Income (Other Than Loans, Girls And Honoraria) BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INCOME YOU MUST DISCLOSE. Important: Under the Political Reform Act, reportable income is different from income for tax purposes, You must report your qross income and your community property merest n your spouse's gross ncome Gross income is the total amount of income before deductSrio expenses losses or taxes. Income aggregating $250 or ~ received trom any source located ~n or aiomg business en your lur~hct~on must De disclosed. A source of income is located in or doing business in the jurisdiction if it or a parent. subsidiary, or a related business entity: · Manufactures distributes, sells or purchases products or services on a regular basis in the jurisdiction. · Plans to do business in the jurisdiction. · Has done business in the jurisdiction within the previous two years · Has an interest in real property in the jurisdiction. · Has an Office in the jurisdiction. Reportable income includes: · Commission income. (See Schedule H-1 -Commission Income.) · Salary/wages, per diem. reimbursement for expenses. (See exclusions below. Also see Schedule D-1-Income -- Travel Pa merits Advances Reimbursements.) · · Income ~r~m a I~usiness entity and your pro rata share of the tote gross payments received by a business entity (including rental property) or a trust in which you or your spouse had an ownership interest of 10% or more. · Your community property interest (50%) in your spouse's income · Proceeds from any sale including the sa · of a house or car (The tote sale price is reportable regardless of any obligation you might have to pay on pans secured by the property.) · Rental income. · Prizes or awards not disclosed as fts. a Forgiveness of a loan or other i nag~btedness. · Loan payments received by you. You are not required to disclose the following types of income: · Sale orreimbursementsforexpensesandperdiemfromafedera stateor ocal government agency. · Rei~rYoursement for travel expenses and par diem race ved from a bona fide educational, academic or charitable organization. · Campaign contributions. · A devise or inheritance. (However, inheritance of an investment or an interest in real property may be reluired to be reported on Schedule A or B.) · Dividends, interest or other returr~ on a security which is registered with the Securities and Exchange Commission. · Payments received under an insurance po cy · Interest dividends or rem ums on a t me or demand deposit in a financial institution, shares in a credit union, an insurance bo~ ,ora bond orotherdebt nstrumentissued bya government agency. · Income of dependent ct~iCrr~ren. e. Payments received under a defined benefit pension plan qualified under .Internal Revenue Code Section 401(a). EXAMPLE, SCHEDULE D Assume that you received income from the following sources during the reporting period: · $4,800 in total rental incomefromadu lex, whch sin our jurisdiction, · Your spouse received $18 000 in salary from Genera Te?'~;phone Company, a manufacturing firm which sells products in your jurisdiction, Schedute D should be comoleted as follows: Duplez 104 & IN Main Street, Little Town, CA General Telephone Company GROSS INCOME RECEIVED: ] s2s0 - s1,000 ] $1.001 -S10.000 ] Over $10,000' ] S~K0 - S 1.000 ] $1,001 -S10.000 ] Over$10.000 NAME Schedule D - Income (Other Than Loans, Gifts And Honoraria ) (SEE INSTRUCTION5 ON PRECEDING PAGE) NAME OF THE SOURCE OF INCOME ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY DESCRIPTION OF THE CONSIDERATION FOR WHICH INCOME WAS RECEIVED NAME OF THE SOURCE OF INCOME ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY DESCRIPTION OF THE CONSIDERATION FOR WHICH INCOME WAS RECEIVED NAME OF THE SOURCE OF INCOME ADDRESS NATURE OF BUSINESS ACTIVITY. IF ANY DESCRIPTION OF THE CONSIDERATION FOR WHtCH tNCOME WAS RECEIVED NAME OF THE SOURCE OF INCOME ADDRESS NATURE OF BUSINESS ACTIVETY, IF ANY DESCRIPTION OF THE CONSIDERATION FOR WHICH ~NCOME WAS RECEIVED GROSS INCOME RECEIVED: ] $250 - S 1.000 ] Over S 10,000 ] $250 - $1,000 ] Over S 10.00(3 ] Over S 10,000 ] S250 - S ~ .000 ] $1.00t -SlO,O00 ] Over$10.O00 ] If additional space is needed. check box and attach an additional Schedule D. INFORMATION FOR COMPLETING SCHEDULE D-1 - Income '- Travel Payments, Advances, Reimbursements BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INCOME YOU MUST DISCLOSE. Schedule D*I is for disclosing payments, advances, or'reimbursements for travel, including actual transportation ,lnd related lodging and subsistence. In lieu of disclosing travel payments on Schedule D-l, such payments may be disclosed as gifts on Schedule F, or as income on Schedule D. Generally, travel payments are "gifts" and must be disclosed if you receive $50 or more in such payments from a single source. Travel payments are "income" if you have provided services which were equal to or greater in value than the payments for the travel. Income of $250 or more received from a single SOurce must be disclosed. Government Code Section 82028 provides that any person, other than a defendant in a criminal action. who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. Payment or reimbursement for travel within California in connection with an event at which you gave a speech, participated in a panel or seminar or performed a similar service is not required to be disclosed. However, travel payments in connection with such an event outside California must be disclosed. Travel payments received from a state, local, or federal government agency, for which you have provided equal or greater consideration, are not required to be disclosed. If you have not provided equal or greater consideration for the payments, you may be required to disclose the payments as gifts. Travel payments received from a bona fide educationa[, academic, or charitable organization, for which you have provided equal or greater consideration, are not required to be disclosed. If you have not provided equal or greater consideration for the payments, you may be required to disclose the payments as gifts. EXAMPLE, SCHEDULE D-1 Assume that you artended a trade show in Mudville, CA.: · The American Manufacturers Assn. paid $175 for your travel and accommodations Schedule D-1 should be completed as follows: American Manufacturers AJsn. f7 Green Lane, Mudviile, CA Trade Association DATE(S): (so. ~,y S yr) AMOUNT(S): $175 PURPOSE AND LOCATION OF TRAVEL: transportation and accommodations to attend trade show NAME Schedule D-1 - Income -- Travel Payments, Advances, Reimbursements (SEE INSTRUCTIONS ON PRECEDING PAGE) PURPOSE AND DATE(S): AMOUNT(S): LOCATION OF (roD, day & yr) TRAVEL: NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY TYPEOFPAYMENT: (CHECKONE) [] GIFT NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY TYPE OF PAYMENT; (CHECK ONE) [] GIFT NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY TYPE OF PAYMENT: (CHECK ONE) [] ?IFT NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY. IF ANY TYPE OF PAYMENT: (CHECK ONE) [] GIFT NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY TYPEOFPAYMENT: (CHECKONE) [] GIFT ] INCOME ] INCOME [] INCOME ] INCOME · [] INCOME If additional space is needed. check box a.nd attach an additional Schedule D-1. INFORMATION FOR COMPLETING SCHEDULE E - Income -- Loans (Received Or Outstanding During The Reporting Period) BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INCOME YOU MUST DISCLOSE. You must report loans, including real eState loans and margin accounts. received by either yourself or your spouse aggregating $250 or more from a single source which is located in, or doing business in, your jurisdiction. All reportable loans received or outstanding during the reporting period must be disclosed. Note: Multiple loans from a single SOurce must be aggregated. A source of income is located in o~ doing business in the jurisdiction if it or a parent, subsidiary, or a related business entity: · Manufactures. distributes. sells or purchases products or services on a regular basis in the jurisdiction. · Plans todo business in the jurisdiction. · Has done business in the jurisdiction within the previous two years. · Has an interest in real property in the jurisdiction. · Has an office in the jurisdiction. You are not required to disclose the following loans: · Any loan from a commercial lending institution used to purchase. refinance the purchase of, or for improvemenU to, your principal place of residence if the loan was made in the lender's regular course of business on terms available to members of the public without regard to official status. · Loans from a commercial lending institution in the normal course of business which did not exceed $10,000 at any time during the reporting period. (Multiple loans from a commercial lending institution must be aggregated.) · Any indebtedness created as pan of a retail installment or credit card transaction made in the creditor's regular course of business on terms available to the public without regard to official status if the aggregate amount owed to the creditor did not exceed $10,000 at any time during the reporting period. · Any loan from your spouse, child, parent. grandparent, grandchild, brother, sister, parent-in-law, brother-in- law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person, except.that a loan from any such person is reportable if the person is acting as an intermediary or agent for any person not covered by this provision. EXAMPLE, SCHEDULE E Assume that: · You received a~ equity loan in the amount of $I 5,000 from Greatest Savings and Loan on your principal place of residence to consolidate your bills and to take a vacation. . You must report: · The equity loan on your principal place of residence because the loan amount was over $10,000 and the money was not used to refinance or for improvements to your principal residence. Schedule E should be completed as follows: NAME OF LENDER Greatest Savings ..¢ Loaa~ ADDRESS 123 Ma~t Street, Little Town NATURE OF BUSINESS. IF AN~ ~ Lending Institution SPECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If Rear Pfoper~y, Proviola Aaaress) Personal Residence [] WAS THE ENTIRE LOAN ~ YES THE REPORTING PERrOD. REPAID DURING ~ r~ NO NONE AMOUNT Of HIGHEST BALANCE DURING THE REPORTING PERIOD: ] S2E0-$1,000 ] Sl.001 -$1o,0oo ] Over$10.000 INTEREST RATE 14% [] NONE NAME Schedule E - Income -- Loans (Received or Outstanding During the Reporting Period ) (SEE INSTRUCTIONS ON PRECEDING PAGE) NAME OF LENDER ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY IWA$ THE ENTIRE LOAN [] YES REPAID DURING THE REPORTING PERIOD? [] NO SPECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If Real Property. PrOvKle Address) NAME OF LENDER ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY ] NONE iW~ THE ENTIRE LOAN [] YES REPAID DURING THE REPORTING PERIOD? [] NO ] NONE SPECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If Real Property, Provide Address) 'NAME OF LENDER ADDRESS NATURE OF BUSINESS ACTIVITY. IF ANY ~ WAS THE ENTIRE LOAN [] YES REPAID DURING THE REPORTING PERIOD? [] NO ~PECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If Real Property. Prowde Address) [] NONE NAME OF LENDER ADDRESS. NATURE OF BUSINESS ACTIVITY, IF ANY I WAS THE ENTIRE LOAN [] YES REPAID DURING THE REPORTING PERIOD? [] NO SPECIFIC SECURITY FOR LOAN INCLUDING GUARANTOR (If Real Property. Provide Address) [] NONE AMOUNT OF HIGHEST BALANCE DURING THE REPORTING PERIOD: ] S250-$1.000 ] Over $10,000 INTEREST RATE ] NONE ] S250 - S 1,000 ] Over $10.000 INTEREST RATE ] NONE ] S250 o S1.000 ] Over S 10.000 INTERESTRATE ] NONE ] SES0-S1,000 ] DyerS10.000 INTEREST RATE ] NONE [] If additional space is needed, check box and attach an additional Schedule E. INFORMATION FOR COMPLETING SCHEDULE F - Income -- Gifts BEFORE COMPLETING THIS SCHEDULE. CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INCOME YOU MUST DISCLOSE. "Gift' means anything of value, whether tangible or intangible, for which equal or greater value is not provided+ You must disclose gifts with an aggregate value of $S0 or more received during the reporting period from a single source, without regard to the location of the donor (inside or outside vour jurisdiction). Any number of gihs from one person, the values of which add up to SS0 or more during the reporting period, mu, st be disclosed. It is the acceptance of the gift, and not the ultimate use to which it is put, that imposes a reporting obligation on you. Thus, you must report a gift even if you never make use of it (unless you return the gift or donate it to a charity) or if you give it away to ~nother person. (Note: There are special rules for reporting gifts of free passes or tickets. (Commission Regulation 18726.3.)) If the exact amount of the gift is not known, you must make a good faith estimate of the item's fair market value. Listing the value of the gift as 'over $50' or "value unknown' is not adequate disclosure. Gifts are reportable without regard tO where the donor is Iotated, See Schedule D-l- Income -- Travel Payments, Advances, Reimbursements for information concerning payments, including advances and reimbursements, for travel. IMPORTANT: If you receive a gift through an intermediary, you must disclose the name, address and business activity of both the donor and the intermediary. You are not required to disclose the following types of gifts: · Gifts of hospitality involving food, drink or occasional lodging provided in an individual's home. · Gifts equal in value exchanged between you and an individual, other than a lobbyist, on holidays. birthdays, or similar occasions. · Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals. · Gifts from your spouse child parent grandp_arent grandchild brother sister parent-in-law brother-in-law sister-in-law. aunt. uncle, niece, ne hew, or first cousin or the spouse o4 any such person~ provided that a from an such person must be dis~?orsed if the person is acting as an agent or intermediary for a reportagl:;le source ~)~ income. · A beguest or inheritance. (However, an inheritance of an investment or an interest in real property may be required to be reported on Schedule A or B.) · Gifts which are not used and which within 30 days after receipt, are returned to the donor or delivered to a char tab · organ zation without being da reed as a charitable contribution for tax purposes. · Personalized plaques and trof~hies with an individual value of less than $250. · Campaign contributions. · Food, beverage, and necessary accommodations received directly in connection with an event at which you gave a speech, participated in a panel, or provided a similar service. EXAMPLE, SCHEDULE F Assume that: · You received season tickets worth $200 to professional baseball games from Valley Pipe Systems. You used the tickets. 5~hedule F should be completed as follows: Valley Pipe Systems · 200 I~. Fifth, Hometown Manufactures Irrigation & I'lumblng Supplies DATE(S) RECISIVED: DESCRIPTION (too. day a yr) VALUE(S): OF GIFT(S): March I, 1991 $20~ Season tickets to Hometown A'S bMeba|l team NAME Schedule F - Income -- Gifts (SEE INSTRUCTIONS ON PRECEDING PAGE) DATE(S) RECEIVED: (roD. day & yf) VALUE(S): DESCRIPTION OF GIFT(S): NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITy. IF ANY NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY, IF ANY NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY. IF ANY NAME OF SOURCE ADDRESS NATURE OF BUSINESS ACTIVITY. IF ANY m. [] If additional space is needed. check box and attach an additional Schedule F.- information for SCHEDULE G: Business Positions BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF POSITIONS YOU MUST DISCLOSE. You must report the name of any business entity covered by your disclosure category for which you are a director, officer, partner, trustee, employee, or hold any position of management. Positions held in non-profit or charitable organizations or campaign committees are not reportable, EXAMPLE, SCHEDULE G Assume that: e Your disclosure category requires you to disclose business positions in entities which are contractors, land developers, or manufacturers of equipment used by your agency. You have been a partner in ABC Land Developers during the entii'e reporting period. You would report that position as foil ows: Schedule G should be completed as follows: NAME OF BUSINESS ENTITY ABC [~nd Developers NATURE OF BUSINESS ACTIVITY. IF ANY L4md Developer POSIT~3N HELD THROUGH ENTIRE REPORTING PERIOD? ADDRESS OF ENTITY 5744 Tenfk Street, Little Town YOUB JOB TITLE OR POSITION Partner IF NO POSITION COMMENCED ON PLEASE INDICATE: POSITION TERMINATED ON NAME Schedule G - Business Positions (SEE INSTRUCTIONS ON PRECEDING PAGE ) NAME OF ENTITY DESCRIPTION OF BUSINESS ACTIVITY POSITION HELD THROUGH ENTIRE REPORTING PERIOD? [] YES [] NO PLEASE INDICATE: [] YES [] NO PLEASE INDICATE: [] YES [] NO PLEASE INDICATE: [] YES [] NO PLEASE INDICATE: [] YES [] NO PLEASE INDICATE: ADDRESS OF ENTITY YOUR JOB TITLE OR POSITION IF NO POSITION COMMENCED ON PLEASE INDICATE: POSITION TERMINATED ON ADDRESS OF ENTITY YOUR JOE TITLE OR POSITION POSITION COMMENCED ON POSITION TERMINATED ON ADDRESS OF ENTITY YOUR JOB TITLE OR POSITION POSITION COMMENCED ON POSITION TERMINATED ON ADDRESS OF ENTITY YOUR ,rOB TITLE OR POSITION POSITION COMMENCED ON POSITION TERMINATED ON ADDRESS OF ENTITY YOUR JOB TITLE OR POSITION POSITION COMMENCED ON POSITION TERMINATED ON ADDRESS OF ENTITY YOUR JOB TITLE OR POSITION POSITION COMMENCED ON POSITION TERMINATED ON [] If additional space is needed, check box and attach an additional Schedule G. INFORMATION FOR COMPLETING SCHEDULE H-l-- Commission Income BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INCOME YOU MUST DISCLOSE. Brokers, agents, or salespersons are required to disclose the names of sources of commission income if their pro rata share of the gross commission income amounts to $10,000 or more from a single source. NO ownership interesz in a business entity is necessary to require disclosure or disqualification under this provision. 'Commission income' means gross payments received as a result of services rendered as a br~>ker. agent, or salesperson. Persons who must report commission income include: insurance brokers or agents, real estate brokers or agents, travel agents or salespersons. stockbrokers, and retail or wholesale salespersons. The "source" of commission income may be a client or customer or it may be a broker, a company or other business entity through which the goods or services were sold, or it may be both. (See example below.) NOTE: If you have reported yourself or your employer as a source of commission income on Schedule D. you are not required to itemize yourself or your employer as a source of income on Schedule H-1. During the reporting period, did you or your spouse receive 'commission income' for services rendered as a broker. agent. or salesperson? NO- You are not required to complete Schedule Hol. YES-- YoumustProvidethenameofeachindividualorentitywhich: - Islocatedin, ordoingbusinessin. yourjurisdiction;and - Was a source of income. provided that your pro rata share of such receipts was $10.000 or more. EXAMPLE, SCHEDULE H-1 Assume that: · You are an agent for Smith and Jones insurance Company. You sold a Businessmen's Insurance Company insurancepolicytoXYZCompany. Yourecevedcommissionincomeof$1S,00Ofromthetransaction. · Your spouse is a real estate broker for Goldwater Realty and received a commission of $20.000 from the Grand Company. You would: · Report both XYZ Company and 8usinessmen's Insurance Company as sources of commission income because each was a source of $10,000 or more. Smith and Jones is disclosed on Schedule D as a source of commission income. and on Schedule H-1 as the business entity through which you received the income. · Repor~ Grand Company. your spouse's client, because your community property share (50%) of the gross receipts amounted to $I0,000 and would meet the reporting threshold. You would also repor~ your community property share of your spouse's income from Goldwater Realty on Schedule D as a source of income. Schedule H-1 would be completed as follows: NAME OF BUSINESS ENTITY Smith and Jones Insurance Company NAMES OF SOURCES OF INCOME XYZ Company Businessmen's Insurance Company NAME OF BUSINESS ENTITY Goldwater Realty NAMES OF SOURCES OF INCOME Grand Company INFORMATION FOR COMPLETING SCHEDULES H-2 AND H-3 '- Income And Loans To Business Entities Or Trusts And Income From Rental Property BEFORE COMPLETING THIS SCHEDULE, CONSULT YOUR AGENCY'S CONFLICT OF INTEREST CODE TO DETERMINE THE TYPES OF INCOME YOU MUST DISCLOSE. If, during the reporting period, you and your spouse owned an aggregate interest of 10% or more in any business entity (including rental property) or a trust, you must provide the name of each individual or entity which: · Is located in, or is doing business in, your jurisdiction; and · Was a source of income, including loans received or outstanding, to the business entity or trust, provided that your pro rata share of such payments or receipts was $10,000 or more (Schedule H-2), or · Made rent payments, provided that your pro rata share of such receipts was $10,000 or more (Schedule H-3). IMPORTANT: The requirement to report sources of income to a business entity or trust is determined by the location of the source of loan or income--not by the location of the business entity or trust which received the loan or income or by the location of the rental property. If the business entity in which you have a 10% or greater interest is located in or doing business in your jurisdiction, it must also be reported on Schedule A and you may be required to complete Schedules C-1 and C-2. Your pro rata share of the gross income to the business entity must also be reported on Schedule O. If the rental prol3erty in which you have a 10% or greater interest is located in your jurisdiction, it must also be reported on Schedule B. Your pro rata share of the gross rental income from the property must also be reported on Schedule D. FPPC Regulation 18740 provides a procedure for obtaining an exemption from the disclosure requirement of clients' names which are legally recognized as privileged under California law. You may obtain a copy of Regulation 18740 by contacting the Fair Political Practices Commission. NOTE: If your pro rata share of income or a loan to a business entity or trust is $256 or more, you may be required to disqualify yourself from decisions affecting that source of income or loan, even though you are not required to report it. EXAMPLE, SCHEDULE H-2 Assum,e that: · · During the reporting period, ABC Land Developers, in which you have a 50% partnership interest, received a loan from the Little Town Bank in the amount of $30,000. The bank has a branch which is located in your jurisdiction. , · ABC Land Developers received a gross payment from JOhn H. Brown, a customer. in the amount of $~5,000. Mr. Brown is doing business in your jurisdiction. · Your spouse owns 100% of a law 'firln. A client paed your spouse $20,000 during the reporting period. This client is doing business in your lurlsdiction You would: e Report the loan to ABC Land Developers from the Little Town Bank because your pro rata share (50%) of the $30,000 loan is $15,000 and meets the $ I 0,000 reporting threshold. Not report the name of John H. Brown, a customer, because your pro rata share (50%) of ~is $15,000 gross payment is only $7,500 and does not meet the $10,000 reporting threshold. However, Mr. Brown is a source of income to you, and you may have to disqualify yourself from decisions affecting Mr. Brown. Report your spouse's law firm and its client because your pro rata share (50%) of the $20,000 paid to the law firm is $10,000 and meets the reporting threshold. Schedule Ho2 would be completed as follows: NAME OF BUSINESS ENTITY OR TRUST ABC Land Developers NATURE OF BUSINESS. IF ANY Land Developors NAMES OF SOURCES OF INCOME AND LOANS TO THE BUSINESS ENTITY OR TRUST Little Town Bank NAME OF BUSINESS ENTITY OR TRUST Smith end Jones NATURE OF BUSINESS, IF ANY Law Firm NAMES OF SOURCES OF INCOME AND LOANS TO THE BUSINESS ENTITY OR TRUST Joseph Brown and Associates EXAMPLE, SCHEDULE H-3 ASsume that: · You own 25% of a commercial building located in your jurisdiction from which rental income was received from a single tenant in the amount of $40,000. You would: Report the name of the rental tenant who provided payments in the amount of $40,000 to the commercial building because your pro rata sKare (25% of the rental payments) is $10,000 and would meet the reporting threshold. Schedule Ho3 would be completed as follows: AODRESS OF RENTAL PROPERTY 14738 Spruce Street NAMES OF RENTERS Sylvan Taylor, M.D. cITY I. ittl T e own NAME Schedule H (SEE INSTRUCTIONS ON PRECEDING PAGES) Schedule H-1 Commission Income Received By Brokers, Agents And Salespersons NAME OF BUSINESS ENTITY NAMES OF SOURCES OF INCOME Schedule H-2 Income And Loans To A Business Entity Or Trust NAME OF BUSINESS ENTITY OR TRUST NATURE OF BUSINESS NAMES OF SOURCES OF INCOME ANO LOANS TO THE BUSINESS ENTITY OR TRUST ADORESS OF BUSINESS ENTITY OR TRUST Schedule H-3 Income From Rental Property You must disclose the name(s) of any tenter(s) who made rent payments, provided that your pro rata share of such receipts from any one tenter was S10,000 or more, ADDRESS OF RENTAL PROPERTY CITY NAMES OF RENTERS ADDRESS OF RENTAL PROPERTY . NAMES OF RENTERS CITY. ] If additional space is needed. check box and attach additional schedules.