Government Code Sections 11120 – 11132. Purpose Sunshine provision The Legislature envisioned that...
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Transcript of Government Code Sections 11120 – 11132. Purpose Sunshine provision The Legislature envisioned that...
Purpose
Sunshine provision
The Legislature envisioned that an additional seat on the board is reserved for the public
Affords the public an ability to monitor and participate in the decision-making process
Who is covered?State Multimember boards and commissions
1) SCDDa) committeesb) subcommittees
2) AB 3) Any multi-member group (2 or more
members) if the group has delegated authority.4) Any group of 3 or more members if they are advisory only.
In summary:1) All Area Board meetings must comply with B-
K.2) All committee meetings must comply with B-
K; UNLESS -the committee is ADVISORY and it is
made up of 2 people.Other members of the board should not attend any meeting that has not been noticed under Bagley-Keene, even as observers.
3) Regional Centers are NOT covered by B-KWIC 4660
Notice10 day notice:
a) sent to membersb) posted on the internetc) sent to all persons requesting it
Notice must include:a) date, time and address of the meetingb) provide name and contact info for the
contact person
Notice (cont.)An agenda with a brief description of
each item (20 words or less)The notice must be available in alternative
formats, if requesteda) the notice must include the manner and deadline for such request
Items not on the agenda cannot be discusseda) Items cannot be added onto the
agenda within the 10-day limitation
“Regular” MeetingsBagley-Keene applies to: “Regular” meetings
a) Whenever a quorum of the body convenes:* to vote or,* receive information (operation vs.
program)- this includes pre-meeting
briefings if a quorum is present
Serial Meetings
Serial meetings
a) Series of communications which “taken as a whole” involve the majority of members
* conversations that clarify members’ understanding of an issue; or,
* facilitate agreement/compromise or, advance the ultimate
resolution of an issue (voting)
Serial Meetings (cont.)
Final Note:
Conversations between members regarding business should only occur during the public meeting and should allow opportunity for discussion in public.
Avoid “shop talk” or emails and text messages, outside of or during meetings
Meetings by TeleconferenceAre permitted so long as:
* each site from where a member is calling is fully accessible to the
public * each location’s address is noted on
the notice of the meeting
* votes are taken by roll call
VotingAn agency may not vote by secret ballot in a public meeting on any matter where discussion, deliberations, or action taken is required to be in an open meeting. (68 Ops.Cal.Atty.Gen. 65, 69)
Cannot elect officers by secret ballot
Cannot conduct voting by proxy
Closed SessionsMust be listed as “closed session”The issues to be discussed must be publicly
announcedConfidential minutes must be keptMay be held for specific reasons:
a) personnel b) pending litigation