Bagley-Keene Open Meeting Act

Bagley-Keene Open Meeting Act Government Code Sections 11120 – 11132

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) SCDD a) committees b) 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-K WIC 4660

Notice • 10 day notice: a) sent to members b) posted on the internet c) sent to all persons requesting it • Notice must include: a) date, time and address of the meeting b) 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 requested a) the notice must include the manner and deadline for such request • Items not on the agenda cannot be discussed a) Items cannot be added onto the agenda within the 10-day limitation

“Regular” Meetings Bagley-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.) b) linear communications 1 → 2 → 3 → 4 c) Hub communications

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 Teleconference Are 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

Voting An 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 Sessions • Must be listed as “closed session” • The issues to be discussed must be publicly announced • Confidential minutes must be kept • May be held for specific reasons: a) personnel b) pending litigation

Remedies • Overturn decision or action • Start the process over • Lawsuit a) must be filed within 90 days of alleged breach • Misdemeanor a) if there was an intent to deceive the public

Bagley-Keene Open Meeting Act