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HomeMy WebLinkAboutNB 7 RALPH M BROWN ACT 12-15-86HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SUBJECT: ~NTERNAL PROCEDURES FOR IMPLEMENTATION OF THE RALPH BROWN ACT - EFFECTIVE JANUARY 1, 1987. The Ralph M. Brown Act (the "Act") (Government Code Sections 549,50, et seq.) requires that the actions and deliberations of legislative bodies of local agencies be taken openly. Recent amendments to the Act authorize the City to adopt written inter- nal procedures to provide guidance to the City Council, Redevelopment Agency Board, Planning Commission, other municipal boards, commissions and committees created by the City (herein- after collectively referred to as the "Legislative Bodies"), and st~ff in implementing the requirements of the Act. Accordingly, we recommend that the City Council approve and adopt the follow- ing procedures by its minute order. 1. Posting of Agendas. Not less than 72 hours before a regular meeting of the Legislative Body, the City Clerk for the City Council, for the redevelopment agency of the City, and for the Planning Commission off the City, shall post an agenda of the meeting in the display case of the City where viewing is. freely accessible so that all pages are visible at all times during the said 72 hours. Illum- ination during darkness is not required so long as required access remains. In addition, one copy of the agenda shall be maintained at the Police Department's public counter and one copy in the Tustin Library. For all other legislative bodies, a designee of the body, approved by the City Clerk, should perform this service. Regular meeting means the meeting so designated by the applicable Legislative Bodies. If no such designation has been made by the particular Legislative Body, every meeting will be a regular meeting unless it is an adjournment from a meeting to another meeting within 72 hours thereafter. A. A declaration of posting by the City Clerk, or appropriate designee, shall be kept with the records of meetings, except, that this requirement may be satisfied by declaration at the meeting in question with entry in the official minutes of the meeting. B. Adjourned regular meetings. The agenda of each regular meeting shall be posted with the notice of adjournment, both meeting the freely access- ible instructions for regular meeting agendas. C. Special Meetings. The call and notice of the special meeting shall contain the business to be transacted and no other business shall be considered. Posting of the call and notice is the same as for regular meetings except it need be done not less than 24 hours before said special meeting. D. Adjourned Special Meetings. procedure. See adjourned regular meetings for the appropriate 2. Agenda~_ze. Daration. The agenda format shall be as approved from time to time by the Legislative Bodies. Each item of business must have a brief general description with sufficient information so that the general public can determine the general nature or subject matter of each agenda item. Every agenda for regular meetings shall provide an oppor- tunity for members of the public to directly address the Legisla- tive Body on items of interest to the public that are within the subject matter jurisdiction of the Legislative Body. No such opportunity need be provided at a meeting of the City Council on any item that has already been considered by a committee, com- posed exclusively of members of the City Council, at a public meeting wherein all interested members of the public were afford- ed the opportunity to address the committee on the item, unless the item has been substantially changed since the committee heard the item, as determined by the City Council. Closed sessions of the Legislative Body shall be included in the agenda together with a description of the closed session with the same information as is provided whenever a closed session is requested.. 3. Meetings. In addition to the open nature of meetings of the Legislative Bodies, there are requirements regarding conduct and meeting procedures not presently contained in the Tustin City Code, as follows: -2- A. No action shall be taken on any item not appearing on the posted agenda. Until there is further legislative or court guidance as to the meaning of "no action", each Legislative Body will comply by deferring discussion as well as action on any item not on the agenda unless meeting the exceptions hereafter listed. B. Certain exceptions exist as to the "no action" rule. (1) A majority vote of the Legislative Body determines that an emergency situation exists. "Emergency situation" means any of the following: a work stoppage, crippling disaster, or other activity which severely impairs public health, safety or both; (2) A two-thirds vote of the Legislative Body or, if less than two-thirds of the members are present, a unanimous vote of the members present, that the need to take action arose subsequent to the agenda being posted as provided in Section 1 hereof. (3) The item was posted pursuant to Section 1 above for a prior meeting of the Legislative Body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (4) If a member of the public addresses the Legis- lative Body on an unagendized matter which does not fall within one of the exceptions 1, 2 or 3, discussion may be had but no action may be taken, however, the body may order the matter referred to staff for investigation and report and to be agen- dized for a future meeting. If action is taken pursuant to one of exceptions, 1, 2 or 3, the minutes shall reflect the basis for action and why the need arose after the posting of the agenda, why an emergency situation exists, or that the requirements of (3) above were met. 5. Public ~. A time for any member of the general public to address the body on items of public interest must be agendized.. All of the public input should be prescribed for a place on the agenda, however, public comment regarding matters subject to public hearing should be received during the hearing. The body may limit individual speakers time, the total time for any matter and may limit repetitive comments. If the matter has already been -3- considered by the Planning Commission or City committee meeting at which the public had the right of input the body is not required to permit further public comment, unless the matter has substantially changed since the prior hearing. Upon receipt of a claim that a body of the City has taken action in violation of the Brown Act and a demand that the body correct the challenged action the body shall forthwith meet in closed session with the City Attorney, Assistant City Attorney or Deputy City Attorney to consider the claim and confer with legal counsel. __ j . City Attorney SDA:JGR:se:R:12/09/86(c:c29.cj) cc: WH -4-