Best Practices

1. Best Practices Commissioners and Board Members

2. Importance of your Commission Commissioners are the link between you and the community They bring community values to the table They can be a pain in the #@%! but who is at fault? Why they succeed or fail What can they do for you?

3. Successful Commissions They understand their role in an organization They act responsibly They act as one Chairperson is effective They communicate with elected officials They serve the community and not themselves They respect staff and advise, not dictate They do their homework They are consistent and effective

4. What makes an effective Commission? • Good Commission management means…. • Properly prepared materials for good decisions • Meeting with Chairperson to develop agenda and brief on tough agenda items • Information sent in advance of meeting • Properly managed meeting-no grand standing • Use Roberts Rules of Order or some other tool • Take a vote—up or down is better than no vote • Crowd management • Be a leader and share your opinion • Know what fight to win but don’t lose the war

5. Statement of Economic Interests: Form 700 • Purpose: • To inform the public about your potential conflicts of interest • All agencies must adopt Conflict of Interest Code • Designated staff and all board members must file annually, assuming and leaving office • Disclose personal financial interests

6. Statement of Economic Interests: Form 700 • May alert official to personal interests which might be affected • Generally relate only to financial interest in the district’s sphere of influence • Includes interest in large, statewide or nationwide firms • Filed in county where district is located • Statement due in April of each year – $10/day fine if late

7. The Ralph M. Brown Act Enacted in 1951 in response to stories of backroom dealings published by SF Chronicle Found in Government Code Section 54956 et seq. Ralph Brown was Speaker of the Assembly (1959-61)

8. Intent of the Brown Act Public agencies in this state exist to aid in the conduct of the people's business It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly (Gov’t Code §54950)

9. Intent of the Brown Act (cont.) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, …. (Gov’t Code §54953)

10. Definition of Meeting(Government Code Section 54952.2(a)) • Any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. • Applies to committees • Includes serial meetings

11. Meetings • Three types of open meetings • Regular • Special • Emergency

12. Meetings (cont.) • Regular Meeting: • Scheduled at a set place and time as set by ordinance or resolution. Requires 72 hours notice and posting of agenda. • Special Meeting: • Occasional and called as needed. Typically for workshops, single topics or to allow time for focused discussion. Requires 24 hours notice and posting of agenda. • Emergency Meeting: • Prompt action required due to activity/disaster that severely impairs public health or safety. Telephonic notice to media outlets.

13. Meetings (cont.) • Brown Act applies to: • Collective briefings of a majority of the legislative body • Retreats or workshops conducted by the legislative body • Informal gatherings where business of the agency is discussed • Advisory committees created by formal action of the legislative body • Serial Meetings • Standing committees which have either: • (i) continuing subject matter jurisdiction*, or • (ii) a meeting fixed by ordinance, resolution or formal action *Subject matter jurisdiction means authorization to act

14. Meetings (cont.) • Brown Act also applies to: • Video teleconferencing • Audio teleconferencing • Notice of remote location • Allow public access, ADA accessible • Quorum within agency area • Remote site for a member permitted outside the jurisdiction of agency

15. Meetings (cont.) • What is not a meeting under the Brown Act? • Meeting of less than a quorum • Individual contacts • Conferences • Community meetings • Social or ceremonial events • Ad hoc advisory committees • Meetings with agency staff (as long as there is no consensus building)

16. Agenda Requirements • Identify time and location of meeting • Brief description of each item of business • 20 words or less • Must inform reasonable person of matters to be discussed and/or action to be taken • Matters not on the agenda cannot be discussed • Exceptions—emergency items, brief response to public comment • What’s Important? Stay on the Agenda!

17. Closed Sessions May only be held for purposes identified in the Brown Act and purposes are narrowly construed Anticipated/pending litigation Real property negotiations Labor negotiations

18. Closed Sessions (cont.) • Public Employment • Appointment, Employment, Performance Evaluation • Discipline, Dismissal, Release • Threat to Security of Public Buildings or Public Serices • License applications by persons with crirminal records

19. Closed Session “Agenda” Brown Act provides “safe harbor” wording for closed sessions Closed Session agenda description should be approved by agency counsel Report out of closed session when required Only Board and necessary staff to attend Confidential information from Closed Session cannot be disclosed without Board authorization

20. Violation of Brown Act • Can be a misdemeanor • Requires deliberate violation • Voiding transaction • Requires a demand to correct within 90 days of action • Board then has 30 days to cure • Civil action • Prevailing plaintiff entitled to award of attorney’s fees & costs • Media reports lots of “Apparent Violations”

21. Public Records Act Enacted in 1968 Codified at Government Code Sections 6250-6276.40 Generally provides that all government documents are public records and subject to disclosure Numerous Exemptions From Disclosure

22. Overview and Purpose The California Public Records Act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this State, that public records are open to inspection at all times during regular office hours, and are subject to inspection and copying by every person except as provided in the Act The Public Records Act is to be broadly construed if it furthers the public's right of access, and narrowly construed if it limits the right of access

23. Records Subject To The Public Records Act A public recordis any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by an agency regardless of the physical form or characteristics A writing includes any handwriting, typewriting, printing, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols, and any record thereby created regardless of the manner in which it has been stored

24. Records Subject to The Public Records Act • Computer and electronic records: • Upon request, records must be provided in the electronic format in which the agency holds the information. The requester must bear the cost of providing the copy • Board Member Personal Electronic Devices: • Evolving area. Court decisions have gone both ways—required disclosure v. not a public record. SJ case on appeal.

25. Exemptions From Disclosure • The Public Records Act contains numerous specific exemptions and a catch-all exemption • Personnel records relating to personnel, medical or similar files that would constitute an unwarranted invasion of personal privacy. Note: Employment contracts, however, are public records • Confidential legal advice and correspondence provided to the District • Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure

26. Exemptions From Disclosure Records pertaining to pending litigation or claims against the agency, until the litigation or claim has been finally resolved Generally, the name, credit history, utility usage data, home address, and telephone number of the utility customers of local agencies Records regarding a board member’s deliberative process where the public interest in maintaining the privilege outweighs the public interest in disclosure of the information “Catch-all” exemption where the public interest served by not disclosing the record clearly outweighs the public interest served by disclosing the record

27. General Ethics Principles AB 1234 requires coverage of “general ethics principles” Attorney General and FPPC have indicated that this discussion should include the manner in which values such as trustworthiness, respect, fairness and responsibility promote public trust in government, and should explain the importance of avoiding even the appearance of impropriety

28. Ethics v. Ethics Laws • Ethics laws merely set minimum standards for conduct • Ethics goes beyond legal requirements • It is about doing what we ought to do, rather than what’s required • Complying with ethics laws does not ensure that you are meeting your own standards and values • Or those of your constituents

29. Doing the Right Thing / Values • Institute for Local Government Publication: Doing the Right Thing: Putting Ethics Principles into Practice in Public Service (www.ca-ilg.org.) • Public strongly supports public officials following their own sense of “doing the right thing.” • Suggests focusing on the values: • Trustworthiness, respect, fairness, and responsibility

30. Trustworthiness Service to your community Truthfulness to your colleagues, staff and the public Not using position for personal gain Keeping promises

31. Respect Debating courteously Avoiding personal attacks Listening Preparation Inclusion of others and the public in decision-making process

32. Fairness Basing decisions on the merits and facts Following procedures Keeping an open mind Being consistent Being impartial Openness in decision making

33. Responsibility Stewardship of agency resources Admitting mistakes Taking unpopular positions when values require Representing the agency’s position even when you personally disagree with it Safeguarding confidential information

34. Common Law Bias Prohibitions A public officer must exercise the powers conferred on him or her with disinterested skill, zeal and diligence, and primarily for the benefit of the public No pre-determined, unchangeable positions for or against a particular party or individual

35. Common Law Bias Decision makers with a personal stake in the matter are disqualified Decision makers who merely have preexisting views on public policy are not disqualified