HomeMy WebLinkAbout1995-01-09; Traffic Safety Commission; ; Review and comment upon TSC rules and procedures and adopt TSC Resolution Number 95-1CITY OF CARLSBAD
TRAFFIC SAFETY COMMISSION
STAFF REPORT
COMMISSION MEETING OF: January 9, 1995
LOCATION: N.A.
INITIATED BY: Traffic Engineer
ITEM NO . ..§C_
REQUESTED ACTION: Review and comment upon TSC rules and procedures and adopt
TSC Resolution Number 95-1.
BACKGROUND:
On April 2, 1990 the Traffic Safety Commission adopted TSC Resolution 90-1 that
established the original procedure rules.
DATA:
On a yearly basis, the Traffic Safety Commission reviews the TSC rules and procedures.
The attached rules and procedures where originally adopted in 1990 with several
subsequent changes made in various years thereafter. Comments and revisions, if
necessary, to the current rules and procedures can be incorporated in the new resolution.
At the December 1994 meeting, the Commission inquired as to which Commissions,
Committees, and Boards say the "pledge of allegience to the flag" at the beginning of
their meeting. The attached memorandum for Associate Engineer Murray indicates that
only six of 20 Commissions, Committees, or Boards say the "pledge of allegience".
It is not necessary or required that the "pledge of allegience" be said at the beginning of
a Commission meeting. However, if the majority of Commissioners believe it should be
done after roll call, the "pledge of allegience" can be added to the agenda.
RECOMMENDATION:
Staff recommends that the Resolution Number 95-1 be adopted by the Traffic Safety
Commission with appropriate revisions or additions as determined necessary by the
Traffic Safety Commission.
NECESSARY CITY COUNCIL ACTION:
No City Council action required at this time.
December 7, 1994
TO: TRAFFIC ENGINEER
FROM: Associate Engineer
FLAG SALUTE AT CITY BOARD, COMMISSION, AND COMMITTEE MEETINGS
The purpose of this memo is to outline the results of my research into which City Boards,
Commissions, and Committees start their meetings with a salute to the flag.
The following Boards, Commissions, and Committees salute the flag :
1. City Council
2. Design Review Board
3. Housing Commission
4. Planning Commission
5. Senior Co mmission
6. Water Commission
The following Boards, Commissions, and Committees do not salute the flag :
1. Arts Commission
2. Beach Erosion Committee
3. Cable Television Foundation
4. Citizens Committee to Study Growth
5. Historic Preservation Commission
6. Housing and Redevelopment Commission
7. Library Board of Trustees
8. Parking Authority
9. Parks and Recreation Commission
10. Personnel Board
11. Serra Cooperative Library System Advisory Board
12. Sister City Committee
13. Traffic Safety Commission
14. Underground Utility Advisory Committee
~~
JIM MURRAY
Associate Engineer
Traffic Operations Section
JM:jb
TRAFFIC SAFETY COMMISSION RESOLUTION NO. 95-1
A RESOLUTION OF THE TRAFFIC SAFETY COMMISSION OF THE
l CITY OF CARLSBAD, CALIFORNIA ADOPTING TRAFFIC SAFETY
COMMISSION PROCEDURES.
2
3 The Traffic Safety Commission of the City of Carlsbad hereby resolves as follows:
4 The following procedure rules for the conduct of Traffic Safety Commission meetings are
5 adopted:
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Sections:
7
1 REGULAR MEETINGS 8 2 SPECIAL MEETINGS
9 3 ADJOURNED MEETINGS
4 STUDY SESSIONS
10 5 MEETINGS TO BE PUBLIC -EXCEPTIONS
6 COMMISSION AGENDA
11 7 CORRESPONDENCE -AVAILABILITY TO THE PUBLIC
8 CORRESPONDENCE -AUTHORITY OF CITY TRAFFIC ENGINEER
12 9 QUORUM
13 10 CONDUCT OF BUSINESS
11 ORDER OF BUSINESS
14 12 CALL TO ORDER -PRESIDING OFFICER
13 ROLL CALL
15 14 READING OF MINUTES
15 MINUTES
16 16 DISTRIBUTION OF MINUTES
17 RECORDINGS OF MEETINGS 17 18 PRESIDING OFFICER
18 19 POWERS AND DUTIES OF PRESIDING OFFICER
20 GAINING THE FLOOR
19 21 QUESTIONS TO THE STAFF
22 INTERRUPTIONS
20 23 POINTS OF ORDER
24 POINT OF PERSONAL PRIVILEGE 21 25 PRIVILEGE OF CLOSING DEBATE
22 26 CAWNG THE QUESTION
27 PROTEST AGAINST COMMISSION ACTION
23 28 PUBLIC HEARINGS -WHEN HELD
29 TRAFFIC SAFETY COMMISSION MEETING -PROCEDURE
24 30 TRAFFIC SAFETY COMMISSION MEETING -EVIDENCE
31 TRAFFIC SAFETY COMMISSION MEETING -CONTINUATION
25 32 TRAFFIC SAFETY COMMISSION MEETING -TERMINATION OF PUBLIC
26 TESTIMONY
33 PUBLIC TESTIMONY -CLOSING
27 34 AGENDA ITEM -REOPENING
35 TRAFFIC SAFETY COMMISSION MEETING -DECISION
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REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHER THAN LISTED
PUBLIC HEARING.
ADDRESSING THE COMMISSION -SPOKESMAN FOR GROUP OF PERSONS.
DECORUM AND ORDER -COMMISSION AND CITY STAFF.
DECORUM AND ORDER -AUDIENCE.
ENFORCEMENT OF DECORUM.
VOTING PROCEDURES.
DISQUALIFICATION FOR CONFLICT OF INTEREST.
FAILURE TO VOTE.
CHANGING VOTE.
RECONSIDERATION.
PREPARATION OF RESOLUTIONS.
MOTIONS.
PRECEDENCE OF MOTIONS.
PARTICULAR MOTIONS, PURPOSE AND CRITERIA.
RESOLUTIONS.
RESOLUTIONS -ADOPTION.
CORRECTION OF DOCUMENTS.
ROBERT'S RULES OF ORDER.
FAILURE TO OBSERVE PROCEDURES.
RALPH M. BROWN ACT.
1 REGULAR MEETINGS. The Traffic Safety Commission shall hold regular meetings
on the first Monday of each month at the hour of 3:00 PM, in the Council Chambers at the City
Hall, 1200 Carlsbad Village Drive, Carlsbad, or such other place to which a meeting is adjourned.
If by reason of fire, flood or other emergency, it shall be unsafe to meet in the Council Chambers,
the meetings may be held for the duration of the emergency at such other places as is
designated by the Chairperson of the Commission, or if he should fail to act, by a majority of the
quorum of the Commission. When the day for any regular meeting falls on a legal holiday, such
meeting shall be held at the same hour and place on the next succeeding Monday not a holiday
or such other time as designated by the Traffic Safety Commission. At least 72 hours before a
regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible
to members of the public. No action shall be taken on any item not appearing on the agenda.
2 SPECIAL MEETINGS. Special meetings may be called at any time by the
Chairperson or by three members of the Traffic Safety Commission by delivering personally or
by mail written notice to each Commissioner and to each local newspaper of general circulation,
radio or television station having filed written request for such notice. Such notice must be
delivered personally or by mail at least twenty-four hours before the time of such meeting as
specified in the notice. The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall be considered at such
meetings. Such written notice may be dispensed with as to any Commissioner who at or prior
to the time the meeting convenes files with the City Traffic Engineer a written waiver of notice.
Such waiver may be given by telegram. Such written notice may also be dispensed with as to
any Commissioner who is actually present at the meeting at the time it convenes. Notice of the
special meeting shall be posted at least 24 hours prior to the meeting in a location that is freely
accessible to members of the public.
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3 ADJOURNED MEETINGS. All meetings may be adjourned to a time, place and date
certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be
reconvened. Meetings may be adjourned by the Chairperson by a simple declaration thereof in
the absence of a protest by any Commissioner. Meetings may also be adjourned upon the
making and seconding of such a motion in accordance with the procedures on motions
established by the procedures. If a quorum is not present, less than a quorum may so adjourn
a meeting. If all members of the Commission are absent, the City Traffic Engineer shall declare
the meeting adjourned to a stated time and place and shall cause a written notice of the
adjournment to be given in the same manner as provided in Section 2 for special meetings.
When any meeting is adjourned, the City Traffic Engineer shall post notice of such adjournment
on the Council Chamber door within twenty-four hours after the time of the adjournment.
4 STUDY SESSIONS. The Commission may from time to time adjourn to meet in study
sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing,
discussing and debating matters of interest to the City. No official action shall be taken at a
study session. The participation of the public in such session shall be subject to the discretion
of the Chairperson.
5 MEETINGS TO BE PUBLIC -EXCEPTIONS. All meetings of the Traffic Safety
Commission shall be open to the public.
6 COMMISSION AGENDA. (a) In order to facilitate the orderly conduct of the business
of the Commission, an agenda shall be prepared for each regular meeting containing the specific
items of business to be transacted and the order thereof. Items of business may be placed on
the agenda by the direction of a member of the Commission, or City Traffic Engineer or at the
request of the pubic or other City official. Whenever feasible, each item on the agenda shall
contain a staff recommendation and the specific action requested to be taken by the
Commission. At least 72 hours before a regular meeting, the agenda of the meeting shall be
posted in a location that is freely accessible to members of the public.
(b) No action shall be taken on any item not appearing on the posted agenda unless the
following condition exists:
(1) The item was posted for a prior meeting 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.
(c) The order of business established on the agenda shall be followed unless the Chairperson,
with the consent of a majority of the Commission, permits a matter to be taken out of the regular
agenda order.
(d) Every agenda for a regular meeting shall provide an opportunity for members of the public
to directly address the Commission on items of interest to the public, provided that no action
shall be taken on any item not appearing on the agenda: this part of the agenda shall be limited
to 15 minutes.
7 CORRESPONDENCE -AVAILABILITY TO THE PUBLIC.
26 (a) Correspondence addressed to the Commission which is received by the City Traffic Engineer
or any officer or employee of the City shall not be a matter of public record unless it is received
27 and filed by the Commission at a regular, special, or adjourned meeting of the Commission.
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Correspondence shall not be read aloud at a Commission meeting unless requested by a
majority vote of the Commission.
(b) Sufficient copies of each correspondence shall be provided so that each Commissioner and
the City Traffic Engineer will have a copy. In addition, three additional copies for public
inspection at the meeting shall be provided.
8 CORRESPONDENCE -AUTHORITY OF CITY TRAFFIC ENGINEER.
(a) The City Traffic Engineer is authorized to open and examine all mail or other written
communications addressed to the Traffic Safety Commission, except correspondence addressed
to individual Traffic Safety Commission members, and to give it warranted attention to the end
that all administrative business referred to in said communications and not requiring Traffic Safety
Commission action may be acted upon between Commission meetings provided, that all
communications and any action taken pursuant thereto shall be reported to the Traffic Safety
Commission.
(b) Correspondence deemed to be of an important or urgent nature may be submitted for
Commission consideration at a Traffic Safety Commission meeting.
9 QUORUM. Three members of the Commission shall constitute a quorum for the
transaction of business. Less than a quorum may adjourn from time to time. Where there is no
quorum, the Chairperson, Vice Chairperson or any member of the Commission shall adjourn
such meeting, or if no member of the Commission is present, the City Traffic Engineer shall
adjourn the meeting. For the purpose of considering any item subject to vote of the Commission,
when a member of the Commission is disqualified due to a conflict of interest, his presence shall
not be considered in determining the presence of a quorum. Consideration on such item shall
be deferred until a quorum of non-interested Commissioners are present to discuss and vote on
them if a disqualification reduces those in attendance to less than a quorum.
10 CONDUCT OF BUSINESS. The time set for each regular meeting, each member
of the Commission, the City Traffic Engineer, Minutes Clerk, and such department heads or
others as have been requested to be present shall take their regular places in the Council
Chambers. The business of the Commission shall be conducted in substantially the order and
in the manner herein provided.
11 ORDER OF BUSINESS. The business of the Commission shall be taken up for
consideration and disposition in the following order:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Call to Order.
Roll Call.
Approval of Minutes.
Comments from the audience on items not listed in the Agenda (Oral
Communications).
Previous Business.
New Business.
Report from Traffic Safety Commission.
Report from Traffic Engineer.
Adjournment.
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Business will be considered in the order shown above, unless modified as provided for in this
Chapter.
12 CALL TO ORDER -PRESIDING OFFICER. The Chairperson, or in his absence the
Vice Chairperson, shall take the chair at the hour appointed for the meeting and shall call the
Commission to order. In the absence of the Chairperson and the Vice Chairperson, the City
Traffic Engineer shall call the Commission to order, whereupon a temporary presiding officer shall
be elected by the Commission Members present. Upon the arrival of the Chairperson or the Vice
Chairperson, the temporary presiding officer shall relinquish the chair at the conclusion of the
business then before the Commission. Whenever the term 'Chairperson' is used in these rules,
and the Chairperson is absent, it shall apply equally to the Vice Chairperson, and if he is also
absent, to the presiding officer elected pursuant to this section.
13 ROLL CALL. Before proceeding with the business of the Commission, the Minutes
Clerk shall call the roll of the Commission Members and the names of those present shall be
entered in the minutes.
14 READING OF THE MINUTES. Unless the reading of the minutes of a meeting is
requested by a member of the Commission, the minutes may be approved without reading if
each member of the Commission has previously been furnished with a copy thereof.
15 MINUTES. The minutes of the Commission shall be kept by the Minutes Clerk and
shall be neatly typewritten and retained on file in the Engineering Department, with a record of
each particular type of business transacted set off in paragraphs, with proper subheads; provided
that the Minutes Clerk shall be required to make a record only of such business as was actually
passed upon by a vote of the Commission and shall not be required to make a verbatim
transcript of the proceedings, and provided, further, that a record shall be made of the names
and addresses of persons addressing the Commission, the title of the subject matter to which
their remarks related and whether they spoke in support of or in opposition to such matter.
A Commissioner may request, through the Chairperson, the privilege of having an abstract
of his statement on any subject under consideration by the Commission entered in the minutes.
If there is no objection from any member of the Commission, such statement shall be entered
in the minutes.
16 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeting shall be
furnished to each Commissioner prior to the subsequent meeting. Copies shall also be provided
to the City Manager, City Attorney, City Traffic Engineer and any other individuals designated by
the City Manager.
17 RECORDINGS OF MEETINGS. (a) The Minutes Clerk may tape record Traffic Safety
Commission meetings as an aid in the preparation of the minutes. If tape recordings are made,
they shall be retained by the Minutes Clerk until such time as the minutes have been approved
by the Commission. Upon such approval of the written minutes by the Commission, the Minutes
Clerk may reuse or erase such tape recordings unless specifically requested by the Commission
or the City Attorney to retain such tapes at the time the minutes are approved.
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(b) While the Minutes Clerk has the tape recordings in her possession, members of the public
may hear tape recordings of the Commission meetings during office hours when it will not
inconvenience the ordinary operation of the Engineering Department. Brief or shorthand notes
may be made; mechanical recordings may be made from said tapes; and in this connection, the
Minutes Clerk is further authorized to allow the recording machine to be used by the public for
listening pu rposes when such machine is not necessary for use by the Engineering Department
in the ordinary function of the office. The provisions of this section shall be administered
according to the provisions of Section 1.20.170 of the Carlsbad Municipal Code.
(c) If any person wishes a record of the Traffic Safety Commission meeting, or any portion
thereof, a request therefore shall be filed with the Engineering Department twenty-four hours prior
to the meeting. If such a request is received, the Minutes Clerk shall make arrangements to
make and preserve such a record at the expense of the person making the request.
If any person desires to have a matter reported by a stenographer reporter, he may
employ one directly at his expense.
18 PRESIDING OFFICER. The Chairperson of the Commission shall be the Presiding
Officer at all meetings of the Traffic Safety Commission.
19 POWERS AND DUTIES OF PRESIDING OFFICER. The Presiding Officer may move,
second, debate, and vote from the Chair. He shall not be deprived of any of the rights and
privileges of a Commissioner by reason of his acting as Presiding Officer. The Presiding Officer
or such person as he may designate may verbally restate each question immediately prior to
calling for the vote. Following the vote the Presiding Officer shall announce whether the question
carried or was defeated. The Presiding Officer shall be responsible for the maintenance of order
and decorum at all meetings. He shall decide all questions of order and procedure subject,
however, to an appeal to the Commission in which case the matter shall be determined by
majority vote of the Commission. The Presiding Officer shall sign all resolutions, and other
documents necessitating his signature which were adopted in his presence unless he is
unavailable in which case an alternate Presiding Officer may sign such documents.
20 GAINING THE FLOOR. Every Commissioner desiring to speak shall first address
the Chair, gain recognition by the Presiding Officer, and shall confine himself to the question
under debate, avoiding reference to character and indecorous language.
21 QUESTIONS TO THE STAFF. Every Commission Member desiring to question the
City staff shall, after recognition by the Presiding Officer, address his question to the appropriate
staff member. Questions shall be limited to inquiries relevant to the item.
22 INTERRUPTIONS. A Commissioner once recognized shall not be interrupted when
speaking unless called to order by the Presiding Officer, or unless a point of order or personal
privilege is raised by another Commissioner, or unless the speaker chooses to yield to a question
by another Commission Member. If a Commissioner while speaking is called to order he shall
cease speaking until the question of order is determined and if determined to be in order, he may
proceed. Members of the City Staff, after recognition by the Presiding Officer, shall hold the floor
until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
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23 POINTS OF ORDER. The Presiding Officer shall determine all points of order subject
to the right of any Commissioner to request full Commission ruling and the question shall be,
"Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively
determine such question of order.
24 POINT OF PERSONAL PRIVILEGE. The right of a Commissioner to address the
Commission on a question of personal privilege shall be limited to cases in which his integrity,
character or motives are questioned or where the welfare of the Commission is concerned. A
Commissioner raising a point of personal privilege may interrupt another Commissioner who has
the floor only if the Presiding Officer recognizes the privilege.
25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision of Section 26, the
Commissioner moving the adoption of a resolution or motion shall have the privilege of closing
debate, subject to a Commission majority ruling that debate should continue.
26 CALLING THE QUESTION. A member of the Commission who wishes to terminate
discussion of a motion may call for the question. If the call is seconded, the Presiding Officer
shall ask for a vote. If the call carries, the Commission shall then vote on the motion without
further discussion.
27 PROTEST AGAINST COMMISSION ACTION. Any Commissioner shall have the right
to have the reasons for his dissent from or his protest against any action of the Commission
entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in
substantially the following manner: "I would like the minutes to show that I am opposed to this
action for the following reasons ... •
28 PUBLIC HEARINGS -WHEN HELD. (a) Wherever by law the Commission is required
to hold a public hearing on any matter before it, such hearing will be held in accordance with the
rules and procedures set forth in these rules. Nothing herein shall prohibit or limit the
Commission from holding a public hearing on the matter before it, whether required by law or
not, nothing herein shall prohibit or limit any member of the public from addressing the
Commission in accordance with the procedures provided for in these rules irrespective of
whether or not a public hearing is held.
(b) All public hearings shall be scheduled to begin at a time certain which shall be the hour the
Commission convenes. The Commission shall hold such hearings in order, in accordance with
the schedule on the agenda at that time or as soon thereafter as practicable.
29 TRAFFIC SAFETY COMMISSION MEETING -PROCEDURE. (a) The Presiding
Officer shall announce that it is the time and place for the Traffic Safety Commission meeting
scheduled on the agenda.
(b) Prior to all Commission meeting copies of the Commission's agenda with attachments,
including the staff report, if any, shall be available at the Office of the City Traffic Engineer, Office
of the City Clerk and the Carlsbad main library and branch library, at least twenty-four hours prior
to commencement of the hearing; provided however, the Commission may allow in its discretion
the filing of supplemental reports which shall be made public at the commencement of the
meeting. Any writing presented to the Commission which has not previously been made
available for public inspection, shall be made available as soon after the meeting as practicable.
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(c) The order of the hearing shall be as follows unless otherwise required by law:
1.
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4.
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7.
Presentation of Staff Report.
Presentation, if any, by the Proponent (limited to 15 minutes or at the discretion
of the Presiding Officer.)
Questions from the Commission.
Testimony of Public.
Termination of Public Testimony.
Discussion by Commission -Further Questions of Staff.
Recommendation from the Traffic Safety Commission.
(d) The Commissioners should raise issues or concerns during the course of the meeting so that
the applicant or the public has an opportunity to address those issues.
(e) The provisions of Section 36 and Section 37 for addressing the Commission shall apply to
persons testifying at the meeting except that a written request to speak shall not be required.
(f) The Presiding Officer may, dependent upon the necessity for ensuring adequate presentation
of testimony and evidence to provide a fair meeting, set longer time limits than otherwise may
be applicable to the agenda item.
30 TRAFFIC SAFETY COMMISSION MEETING -EVIDENCE. (a) During the meeting
the Commission shall receive oral or written evidence relevant to the matter being considered
which shall become part of the record. Evidence received at the meeting provided for in this
Resolution shall be relevant and material to the issues before the Commission; provided,
however, that the rules of evidence as established by the Evidence Code for the State of
California shall be substantially relaxed in order to afford a full presentation of the facts essential
for judicious consideration by the Commission of the matter which is the subject of the meeting.
Failure on the part of the Commission to strictly enforce rules of evidence or to reject matters
which may be irrelevant or immaterial shall not affect the validity of the meeting. Any procedural
errors which do not affect the substantial rights of the parties shall be disregarded. Any person,
other than a member of the Commission, who wishes to direct question(s) to an opposing
member of the public shall submit such question(s) to the Presiding Officer who will ask the
question(s) to the citizen. The Presiding Officer may at his discretion restrict the number and
nature of any questions asked pursuant to this section.
(b) If there is a Staff Report it shall be considered as evidence and shall become a part of the
record of the meeting. Such report need not be read in full as part of the staff presentation. A
synopsis of such report may be presented orally by staff members to the Commission. In
addition, any of the following may be presented to the Commission and, if presented, shall also
become part of the record:
1. Exhibits and documents used by the City Staff and any persons participating in
the meeting.
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2. Maps and displays presented for use at the meeting provided that, whenever
practicable, they shall be displayed in full view of the participants and the
audience.
3.
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All communications and petitions concerning the subject matter of the meeting
provided that a reading of such matters only shall be had at the request of a
Commissioner.
Information obtained outside the Council Chambers, such as view of the site,
provided such information, to the extent it is relied upon, shall be disclosed for the
record.
31 TRAFFIC SAFETY COMMISSION MEETING -CONTINUATION. At any time that it
appears to the Presiding Officer or a majority of the Commission through the Presiding Officer,
that inadequate evidence has been presented to afford judicious consideration of any matter
before the Commission at the time of the meeting, or for other just cause, a continuation of said
meeting may be ordered to afford the proponent, the public, or the City Staff adequate time to
assemble additional evidence for the Commission's consideration. Any continuation ordered by
the Commission through its Presiding Officer shall be to a date certain, which said date shall be
publicly announced in the Council Chambers and shall constitute notice to the public of the time
and place that further evidence will be taken. No further notice is necessary. If the meeting is
continued to a time less than 72 hours after the time specified in the notice of meeting, a copy
of the notice of continuance of the meeting shall be posted immediately following the meeting
at which the order of continuance was made. The public announcements provided for herein
shall constitute notice to the applicant and the public of time and place when further evidence
will be taken by the Commission. The Commission shall also have the option to set the matter
to a new meeting.
32 TRAFFIC SAFETY COMMISSION MEETING -TERMINATION OF PUBLIC
TESTIMONY. When the public has no further evidence to present, when in the opinion of the
Presiding Officer no new public evidence is being presented or when in the opinion of Presiding
Officer the evidence is sufficient, the Presiding Officer may terminate the public testimony.
Termination of the public testimony does not close the input from the public.
33 PUBLIC TESTIMONY -CLOSING. When neither the proponent, the public, or the
City staff have further evidence to produce or when in the opinion of the Presiding Officer
sufficient evidence has been presented, the Presiding Officer shall order the public input closed,
at which time no further evidence either oral or written will be accepted by the Commission;
provided, however, that this rule may be relaxed by the Presiding Officer or the majority of the
Commission through the Presiding Officer where it appears that good cause exists to hear further
evidence concerning the matter which is the subject of the agenda item.
34 AGENDA ITEM -REOPENING. The public input on any matter once closed cannot
be reopened on the date set for meeting unless the Presiding Officer determines that all persons
who were present when the meeting closed are still present. Nothing herein, however, is
intended to prevent or prohibit the reopening of the Commission. No agenda item may be
reopened without due and proper notice being given to the proponent and the public designating
the time and place of said opening.
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35 TRAFFIC SAFETY COMMISSION MEETING -DECISION. (a) The Commission shall
consider all evidence properly before them in accordance with these procedures. The
Commission shall then act upon the item. The Commission may instruct the City Traffic Engineer
to return with the documents necessary to effect the decision including findings as may be
appropriate to the matter. Upon return of such documents, the Commission shall determine if
the findings are supported by the evidence before them at the meeting and if the decision is
supported by the findings and after making any changes render their decision by taking action
on the documents. The Commission's decision is not final until consideration of the documents.
(b) A Commissioner who was absent from all or a part of a meeting shall not participate in a
decision on the matter unless he has examined all the evidence including listening to a recording
of the oral testimony, if a recording is made, or the minutes, and can represent that he has a full
understanding of the matter.
36 REQUEST TO ADDRESS THE COMMISSION ON AGENDA ITEMS OTHER THAN
8 LISTED. (a) It is the policy of the Commission to permit limited presentations by members of
the public on non-agenda items. The Presiding Officer may in the absence of objection by a
9 majority of the Commissioners present, decline to permit such presentations on any particular
non-agenda item.
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(b) Any person or group of persons desiring to address the Commission on a non-agenda
matter must file with the City Traffic Engineer a written request for permission to address the
Commission in advance of the Commission's consideration of the item. The Presiding Officer
may grant consent to address.
(c) Each person desiring to address the Commission shall approach the podium, state his name
and address for the record, state the subject he wishes to discuss, state whom he is representing
if he represents an organization or other persons, and unless further time is granted by majority
vote of the Commission, shall limit his remarks to five minutes. All remarks shall be addressed
to the Commission as a whole and not to any one member thereof. No questions shall be asked
of a Commissioner or a member of the City Staff without obtaining permission of the Presiding
Officer. The Presiding Officer shall not permit any communication, oral or written, to be made
or read where it does not bear directly on the agenda item then under discussion.
(d) After a motion has been made no member of the public shall address the Commission from
the audience on the matter under consideration without first securing permission to do so by a
majority vote of the Commission.
(e) No person shall address the Commission without first securing the permission of the
Presiding Officer.
37 ADDRESSING THE COMMISSION -SPOKESMAN FOR GROUP OF PERSONS. (a)
In order to expedite matters and to avoid repetitious presentations, whenever any group of
persons wishes to address the Commission on the same subject matter, it shall be proper for the
Presiding Officer to require that a spokesman be chosen from the group to address the
Commission. If additional matters are to be presented by any other members of the group the
Presiding Officer may limit the number of such persons and limit the presentation to information
not already presented by the group spokesman.
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(b) Each person desiring to address the Commission shall approach the podium, state his name
and address for the record, state the subject he wishes to discuss, state whom he is representing
if he represents an organization or other persons, and unless further time is granted by majority
vote of the Commission, shall limit his remarks to fifteen minutes.
38 DECORUM AND ORDER -COMMISSION AND CITY STAFF. While the Commission
is in session, the Commissioners and City staff shall observe good order and decorum. A
member shall neither by conversation or otherwise delay or interrupt the proceedings or the
peace of the Commission nor disturb any member while speaking or refuse to obey the directives
of the Presiding Officer.
39 DECORUM AND ORDER -AUDIENCE -Members of the public attending
Commission meetings shall observe the same rules of order and decorum applicable to the
Commissioners and City staff. Any person making impertinent and slanderous remarks or who
becomes boisterous while addressing the Commission or while attending the Commission's
meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Presiding
Officer, and such person may be barred from further audience before the Commission.
Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar
demonstrations shall not be permitted by the Presiding Officer, and if such conduct continues,
he shall direct the Sergeant-at-Arms to remove such offenders from the room.
40 ENFORCEMENT OF DECORUM. (a) The Police Chief or such other person as he
may designate shall be Sergeant-at-Arms of the Commission. The Sergeant-at-Arms shall be
available on an oncall basis for regular and adjourned meetings.
(b) Any member of the Commission or other person using vulgar, profane, loud or boisterous
language at any meeting or otherwise interrupting the proceedings of the Commission, or who
refuses to carry out orders and instructions given by the Presiding Officer for the purpose of
maintaining order and decorum at the Commission meeting, or who interrupts proceedings, shall
upon conviction be deemed guilty of a misdemeanor.
41 VOTING PROCEDURES. (a) Voting shall be conducted by the use of a voice vote
of those Commissioners in attendance.
(b) When the Commission is voting by voice vote, a negative vote shall be registered by the oral
statement of 'NO' by the Commission Member voting. Affirmative vote shall be registered by the
oral statement of 'YES' or 'AYE' by the Commissioner voting .
(c) A majority vote of the Commissioners present is required to pass any motion or action.
Tie votes shall constitute "no action", and the matter voted upon remains before the Commission
and is subject to further Commission consideration. If the Commission is unable to take action
on a matter before it because of a tie vote, the Traffic Engineer shall place the item on the next
regular meeting of the Commission for further consideration.
42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a Commissioner has reason
to think a conflict of interest may exist, he shall give the facts of the matter to the City Attorney
and request advice thereon prior to the meeting.
Any Commissioner who is disqualified from voting on a particular matter by reason of a
conflict of interest shall publicly state or have the Presiding Officer state the nature of such
disqualification in the open Commission meeting. A Commissioner who is disqualified by reason
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of a conflict of interest in any matter shall remove himself from the chamber during the debate
and not vote or otherwise participate on such matter, or may request and be given the
permission of the Presiding Officer to step down from the Commission seat and leave the
chamber. A Commissioner stating such disqualification shall not be counted as a part of a
quorum and shall be considered absent for the purpose of determining the outcome of any vote
on such matter.
43 FAILURE TO VOTE. Every Commissioner should vote unless disqualified by reason
of conflict of interest. A Commissioner who abstains from voting acknowledges that a majority
of the quorum may decide the question voted upon.
44 CHANGING VOTE. A Commissioner may change his vote only if a timely request
to do so is made immediately following the announcement of the vote by the Presiding Officer
and prior to the time the next item in the order of business is taken up. A Commissioner who
publicly announces that he is abstaining from voting on a particular matter shall not subsequently
be allowed to withdraw his abstention.
45 RECONSIDERATION. (a) A motion to reconsider any action taken by the
Commission may be made only at the meeting such action was taken. It may be made either
immediately during the same session, or at a recessed or adjourned sessions thereof. Such
motion may be made only by one of the Commissioners who voted with the prevailing side.
Nothing herein shall be construed to prevent any Commissioner from making or remaking the
same or any other motion at a subsequent meeting of the Commission.
(b) A motion to rescind, repeal, cancel or otherwise nullify prior Commission action shall be in
order at any subsequent meeting of the Commission. The effect of such action shall operate
prospectively and not retroactively and shall not operate to adversely affect individual rights which
may have vested in the interim.
46 PREPARATION OF RESOLUTIONS. All resolutions shall be prepared by the City
Traffic Engineer. No resolution shall be prepared for presentation to the Commission unless
requested by a Commissioner, the Chairperson, City Manager, City Attorney or prepared by the
City Traffic Engineer on his initiative.
47. MOTIONS. (a) A motion is the formal statement of a proposal or question to the
Commission for consideration and action. Every Commissioner has the right to present a motion.
A motion is generally considered in the nature of direction or instruction, however, a motion will
generally suffice unless a resolution is specifically called for by law or unless there is some
reason for desiring the particular action formalized by separate instrument.
(b) If the motion contains two or more divisible propositions, the Presiding Officer may divide
the same.
(c) If a motion is properly made, the Presiding Officer shall call for a second. No further action
is required on a motion which does not receive a second.
(d) When a motion is made and seconded, it shall be restated by presiding Officer before a vote.
After extensive discussion on a motion, the Presiding Officer should restate the motion before a
vote.
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(e) A motion once before the Commission, may not be withdrawn by the maker without the
consent of the second.
48 PRECEDENCE OF MOTIONS. (a) When a main motion is before the Commission,
no motion shall be entertained except the following which shall have precedence, one over the
other, in the following order:
1. Adjourn.
2. Recess.
3. Table.
4. Call for the Question.
5. Limit or extend Debate.
6. Refer to Committee or Staff.
7. Substitute.
8. Amend.
9. Postpone.
10. Minute Motion.
11 . Main Motion.
10 (b) The order of preference in Subsection (a) is subject to the following restrictions.
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1. A motion shall not be in order which repeats a motion made previously at the
same meeting unless there has been some intervening Commission action or
discussion.
2. A motion shall not be in order when the previous question has been ordered.
3.
4.
49
A motion shall not be in order while a vote is being taken.
A motion shall not be in order when made as an interruption of a Commissioner
while speaking.
PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient
18 criteria of the motions listed in Section 48 is as follows:
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1. Motion to Adjourn.
Purpose. To Terminate a Meeting.
Debatable or amendable. No, except a motion to adjourn to another time is debatable
and amendable as to the time to which the meeting is to be adjourned.
2. Motion to Recess.
Purpose. To permit an interlude in the meeting and to set a definite time for continuing
the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3. Motion to Table.
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Pu rpose. To set aside, on a temporary basis, a pending main motion provided that it may
be taken up again for consideration during the current meeting or at some future regular
meeting.
Debatable or Amendable. It is debatable but not amendable.
4. Motion to Call for the Question.
Purpose. To prevent or stop discussion on the pending question or questions and to
bring such question or questions to vote immediately. If the motion passes, a vote shall
be taken on the pending motion or motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate.
Purpose. To limit or determine the time that will be devoted to discussion of a pending
motion or to extend or remove limitations already imposed on its discussion.
Debatable or Amendable. Not debatable; amendments are restricted to period of time
of the proposed limit or extension.
6. Motion to Refer to Committee or Staff.
Purpose. To refer the question before the Commission to a Committee or to the City staff
for the purpose of investigating or studying the proposal and to make a report back to
the Commission. If the motion fails, discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7. Substitute Motion.
Purpose. To strike out one main motion and insert another main motion in its place
which may be done so long as it is related to the subject of the original motion.
Debatable or Amendable. The substitute motion is left unacted on until Commissioners
have the opportunity to perfect the main motion by amendments if desired. The
substitute motion is debatable and subject to amendment. After amendments have been
offered, the substitute motion is voted upon and, if adopted, strikes the main motion.
8. Amend.
Purpose. To modify or change a motion that is being considered by the Commission so
that it will express more satisfactorily the will of the members. If the motion passes, then
the main motion should be voted on as amended.
Debatable or Amendable. It is debatable unless applied to an undebatable main motion.
It is amendable.
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9. Motion to Postpone.
Purpose. To prevent further discussion and voting on the main motion until a future date
or event. If the motion fails, discussion and voting on the main motion shall not be
brought up again until the specified date or event.
Debatable or Amendable. It is debatable but not amendable.
10. Minute Motion.
Purpose. To make a permanent record and enter into the minutes the action of the
Commission regarding any item properly before it. Such action may include, but not be
limited to, recommendations to the City Council or approving and accepting reports, or
such other and further action as determined by the Commission which does not require
a written resolution. A minute motion shall not substitute for a resolution.
Debatable or Amendable. Yes.
11 . Main Motion.
Purpose. The primary proposal or question before the Commission for discussion and
decision.
Debatable or Amendable. Yes.
50 RESOLUTIONS. Formal Commission actions on all items before it shall be made
by resolution. When necessary the resolution shall contain appropriate findings and declarations.
51 RESOLUTIONS -ADOPTION. (a) Where a particular resolution has been prepared
and is before the Commission, it shall be adopted by motion, second, discussion and vote. It is
not necessary to read the resolution by title or in full provided it is identified by the Presiding
Officer. Upon request of any member of the Commission, the resolution shall be read by title or
in full.
(b) Where a particular resolution has not been prepared a motion to direct the City Traffic
Engineer to prepare the document and return it to the Commission is in order.
(c) Where necessary, a resolution may be presented verbally in motion form together with
instructions for written preparation. Upon execution of such a resolution, it shall become an
official action of the Commission.
52 CORRECTION OF DOCUMENTS. Upon occasion Resolutions or other documents
are submitted in draft form or on the spot amendments occur or typographical or other technical
errors are fou nd which necessitate retyping of the document; and such redraft, when properly
executed , shall become the original document.
53 ROBERT'S RULES OF ORDER. If a matter arises at a Commission meeting which
25 is not governed by these procedures or applicable provisions of federal or state law, including
the Ralph M. Brown Act (Government Code Sections 54950 et seq.) or the Carlsbad Municipal
26 Code, the procedures of the Commission shall be governed by the latest revised edition of
Robert's Rules of Order, which is incorporated herein by reference.
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54 FAILURE TO OBSERVE PROCEDURES. The provision of these Rules are adopted
to expedite the transaction of the business of the Commission in an orderly fashion and are
deemed to be procedural only. The failure to strictly observe such rules shall not affect the
jurisdiction of the Commission or invalidate any action taken at a meeting that is otherwise held
In conformity with law.
55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown Act are incorporated
herein by reference and are attached.
PASSED, APPROVED AND ADOPTED by the Traffic Safety Commission of the City of
Carlsbad at a regular meeting held on the 9th day of January, 1995, by the following vote, to wit:
AYES: BLAKE, COURTNE Y, STACHOVIA K
NOES: GR EE N
ABSENT: ANEAR
ATTEST:
ROBERT T. JOH
TRAFFIC ENGINEER
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hairperson
FFIC SAFETY COMMISSION
Text of the
• Ralph M. Brown Act
April 1, 1994
(Reflecting Changes Made by
AB 1426, SB 36, SB 11409 and SB 752)
Additional copies may be purchased for $2.50 each, including sales tax, shipping and
handling.
PLEASE CONTACT:
League of California Cities
Publications Unit
1400 K Street, 4th floor
Sacramento, CA 9S814 •
916/444-S790
Contents
54950.
54950.5.
54951.
54952.
54952.1.
54952.2.
54952.6.
54952.7.
54953.
54953.1.
54953.3.
54953.5.
54953.6.
54953.7.
54954.
54954.1.
54954.2.
~ or cauronua Cities
(
CONTENTS
Declaration of intent; sovereignty . . . . . . . . . . . . . . . . . . . . . . . 1
Short title . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Local agency, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l
Legislative body, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Member of a legislative body, definition . . . . . . . . . . . . . . . . . . 2
Meeting. definition , ........ : . . . . . . . . . . . . . . . . . . . . . . . . 2
Action taken, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Copies of chapter to members of legislative body of local
agencies . .. . . .. . . . . . . .. . . . . . . . .. . . . .. . .. . . .. .. . . .. 4
Meetings to be open and public; attendance; video
teleconferencing; secret ballots . . . . . . . . . . . . . . . . . . . . . . . . . 4
Testimony of members before grand jury . . . . . . . . . . . . . . . . . . 4
Conditions to attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Recording of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Broadcast of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Allowance of greater access to meetings than minimal
standards in this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Time and place of regular meetings; holidays; emergencies . . . . 6
Mailed notice to persons who filed written request; time;
duration and renewal of requests; fees . . . . . . . . . . . . . . . . . . . . 7
Agenda posting; action on other matters . . . . . . . . . . . . . . . . . . 8
April I. 199-4
ii
54954.3.
54954.4.
54954.5.
54954.6
54955.
54955.1.
54956.
54956.5.
54956.6.
54956.7.
• 54956.8.
54956.9.
54956.95.
54957.
54957.1.
54957.2.
54957.S.
~ of Calllonla Cllin
Contents
Opponunity for public to address legislative body; adoption
of regulations ...... •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Reimbursements to local agencies and school districts for
costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Closed session agenda descriptions . . . . . . . . . . . . . . . . . . . . . 10
New or increased taxes or assessments; hearings; notice . . . . . . 14
Adjournment; adjourned meetings . . . . . . . . . . . . . . . . . . . . . . 17
Continuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Special meetings; call; notice .... _. . . . . . . . . . . . . . . . . . . . . . 18
Emergency meetings in emergency situations . . . . . . . . . . . . . . 18
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 19
Closed sessions; license applications; rehabilitated criminals . . . 19
Real property transactions; closed meeting with negotiator . . . . 20
Pending litigatioq; closed session; attorney-client privilege;
notice; memorandum ................. , ....... , . . . . . 20
Closed sessions; insurance pooling; tort liability losses; public
liability losses; workers' compensation liability . . . . . . . . . . . . . 23
Closed sessions; threat to .public services; personnel matters;
exclusion of witnesses; "employee" defined; discussion of
con:ipensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Closed sessions; public report of action taken . . . . . . . . . . . . . 24
Minute book record of closed sessions; inspection . . . . . . . . . . 26
Agendas and other writings distributed for discussion or
consideration at public meetings; public records; inspection;
closed sessions . . . . . . . .. .. . . . . .. . . . . . . . .. .. .. . .. .. . 27
April 1. 1994
Contents
54957.6.
54957.7.
54957.8.
54957.9.
54958.
54959.
54960.
54960.1.
54960.5.
54961.
54962.
~ or Calltomill Cltin
Closed sessions; legislative body of local agencies; salaries,
salary schedules or fringe benefits; mandatory subjects;
iii
"employee" defined; discussion of budget priorities . . . . . . . . . . 27
Closed sessions; disclosure of items to be discussed; notice . . . 28
Closed sessions; legislative body of a multijurisdictional drug
law enforcement agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Disorderly conduct during meeting; clearing of room . . . . . . . . 29
Application of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Penalty for unlawful meeting . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Action to prevent violations or determine applicability of
chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Unlawful action by legislative body; action for mandamus or
injunction; prerequisites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Costs and attorney fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 33
Use of facility allowing discrimination; disclosure of victims'
identities .................... , .... , . . . . . . . . . . . . . . . 33
Closed session by legislative body prohibited . . . . . . . . . . . . . . 34
April I, l!l'M
Text of tho Ralpk M. a_,. Ad
THE RALPH M. BROWN Att
54950. Declaration of intent; sovereignty
In enacting this chapter, the Legislature finds and declares that the public
commissions, boards .and councils and the other 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.
1
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the 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 they may retain control over the instruments
they have created.
54950.S. Short title
This chapter shall be known as the Ralph M. Brown Act.
549S1. Local agency, definition
'
As used in this chapter, "local agency'' means a county, city, whether general law
or chartered, city and county, town, school district, municipal corporation. district,
political subdivision, or any board, commission or agency thereof, or other local public
agency.
549S2. Legislative body, definition
As used in this chapter, "legislative body" means:
(a) The governing body of a local agency or any other local body created by
state or federal statute.
• All section references arc to the Government Code, unless otherwise indicated.
~ of Callfomia Cities April I. 199-1
2 Tm of I~ Ralph M. Bt'Vlffl Ad
{b) A commission, committee, board, or other body of a local agency, whether
permanent or temporary, decisionmaking or advisory, created by charter, ordinance,
resolution, or formal action of a legislative body. However, advisory committees,
composed solely of the members of the legislative body which are less than a quorum of
the legislative body are not legislative bodies, except that standing committees of a
legislative body, irrespective of their composition, which have a continuing subject matter
jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal
action of a legislative body are legislative bodies for purposes of this chapter.
( c) A board, commission, committee, or. other multimember body that governs
a private corporation or entity that either:
( 1) Is created by the elected legislative body in order to exercise
authority that may lawfully be delegated by the elected governing body to a
private corporation or entity.
(2) Receives funds from a local agency and the membership of whose
governing body includes a member of the legislative body of the local agency
appointed to that governing body by the legislative body of the local agency.
( d) The lessee of any hospital the whole or pan of which is first leased
pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January
1, 1994, where the lessee exercises any ·material authority of a legislative body of a local
agency delegated to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority.
54952.1. Member or a legislative bc>dy, definition ,
Any person elected to serve as a member of a legislative body who has not yet
assumed the duties of office shall conform his or her conduct to the requirements of this .
chapter and shall be treated for purposes of enforcement of this chapter as if be or she
has already assumed office. • ' .
54952.2. • Meeting, definition
(a) ,, As used in this chapter, "meeting" includes 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.
(b) Except as authorized pursuant to Section 54953, any use of direct
communication, personal intermediaries, or technological devices .that is employed by a
majority of the members of the legislative body to develop a collective concurrence as tc
action to be taken on an item by the members of the legislative body is prohibited.
1-of callfomill Cltln April I, 19'/o&
Tut of the Ralph M. a_,. Ad 3
( c) Nothing in this section shall impose the requirements of this chapter upon
any of the following:
(1) Individual contacts or conversations between a mernber of a
legislative body and any other person.
(2) The attendance of a majority of the members of a legislative body at
. a conference or similar gathering open to the public that involves a discussion of
issues of general interest to the public or to public agencies of the type
represented by the legislative body, provided that a majority of the members do
not discuss among themselves, other than as part of the scheduled program,
business of a specified nature that is within the subject matter jurisdiction of the
local agency. Nothing in this paragraph is intended to allow members of the
public free admission to a conference or similar gathering at which the organizers
have required other participants or registrants to pay fees or charges as a
condition of attendance.
(3) The attendance of a majority of the members of a legislative body at
an open and publicized meeting organized to address a topic of local co~unity
concem'•by a person or organization other than the local agency, provided that a
majority of the members do not discuss among themselves, other than as part of ~
the scheduled program, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
( 4) . The attendance of a majority of the members of a legislative body at
an open and noticed meeting of another body of the local agency, provided that a
majority of the members do not discuss among themselves, other than as part of
the scbeduled meeting, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at
a purely social or ceremonial occasion, ·provided that a inajority of the members
do not·discuss among themselves business of a specific nature that is within the
subject matter jurisdiction of the· legislative body of the local agency.
54952.6. Action taken, definition
As used in this chapter, "action taken" means a collective decision made by a
majority of the members of a legislative body, a collective commitment or promise by a
majority of the members of a legislative body to make a positive or a negative decision.
or an actual vote by a majority of the members of a legislative body when sitting as a
body or entity, upon a motion, proposal. resolution, order or ordinance.
Lup or CallConlill CUin April I, 19'M
4 Tat of Ibo Ralpb M. Brown Ad
54952.7. Copies or chapter to members of legislative body or local agencies.
A.legislative body of a local agency may require that a copy of this chapter be
given to each member of the legislative body and any person elected to serve as a
member of the legislative body who has not assumed the duties of office. An elected
legislative body 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 body.
54953. Meetings to be open and public; attendance; video teleconferencing;
secret ballots
(a) 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, except as otherwise provided in this chapter. •
(b) (1) Notwithstanding any other provision of law, the legislative body of a
local agency may use video teleconferencing for the benefit of the public or the
legislative body of a local agency in connection with any meeting or proceeding
authorized by law.
(2) The use of video teleconferencing, 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.
(3) If the legislative body of a local agency elects to use video
teleconferencing, it shall post agendas at all video teleconference locations and
adopt reasonable regulations to adequately protect the statutory or constitutional
rights of the parties or· the public appearing before the legislative body of a local
agency.
, ( 4) The term "video teleconference" shall mean a system which provides
for both audio and visual participation between all members of the legislative
body 3llll tbe public attending a meeting or hearing at any video teleconference
locatio& • j ·
(~;-No legislati ,e body shall take action by secret ballot, whether preliminary
or final. i
'
54953.1. Testimony or members before grand jury
. I
The provisions of this chapter shall not be construed to prohibit the members of
the legislative body of a local agency from .giving testimony in private before a grand
jury, either as individuals 'or as a body. •
1-of Callfomill Cilles April 1. 199,I
Text of lhe RaJph M. Brown Ad
54953.3. Conditions to attendance
A member of the public shall not be ·required, as a condition to attendance at a
meeting 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 fulfill any condition
. precedent to his or her attendance.
5
If an attendance list, register, questionnaire, or other similar document is posted
at or near the entrance to the room where the meeting is to be held, or is circulated to
the persons present during the meeting, it shall state clearly that the signing, registering,
or completion of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document.
549S3.S. Recording or meetings
(a) Any person attending an open and public meeting of a legislative body of a
local agency shall have the right to record the proceedings with an audio or video tape
recorder or a still or motion picture camera in the absence of a reasonable finding by
the legislative body of the local agency that the recording cannot continue without noise,
illumination, or obstruction of view that constitutes, or would constitute, a persistent
disruption of the proceedings.
(b) Any tape or film record of an open and public meeting made for whatever
purpose by or at the direction of the local agency shall be subject to inspection pursuant
to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30
days after the taping or recording. Any inspection of a video or tape recording shall be
provided without charge on a tape player made available by the local agency.
549S3.6. Broadcast or proceedings
No legislative body ofa local agency shall prohibit or otherwise restrict the
broadcast of its open and public meetings in the absence of a reasonable finding that the
broadcast cannot be accomplished without noise. illumination, or obstruction of view that
would constitule a persistent disruption of the proceedings. . , .. ·
i..._ of Callfomill Cities April I, 199-1
,l
6 Text of tbe Ralph l\l. a_,, Act
' 54953,7. Allow~nce of greater access to meetings than minimal standards in
this chapter • • I .
Notwithstanding any/ other provision of law, legislative bodies of local agencies
may impose requirements upon themselves which allow greater access to their meetings
than prescribed by the minimal standards set fonh in this chapter. In addition thereto,
an elected legislative body 'of a local agency may impose such requirements on those
appointed legislative bodie~ of the local agency of which all or a majority of the
members are appointed by!or under the authority of the elected legislative body.
' 54954. Time *nd place of regular meetings; holidays; emergencies
I (a) The legislative body of a local agency shall provide, by ordinance,
resolution, bylaws, or by w~atever other rule is required for the conduct of business by
that body, the time and place for holding regular meetings.
(b) Regular and 1special meetings of the legislative body shall be held within
the boundaries of the territory over which the local agency exercises jurisdiction except
to do any of the following: 1
• (1) Comply with state or federal law or court order, or attend a judicial
or administrative pr\>ceeding to which the local agency is a party.
' '
(2) Inspect real or personal property which cannot be conveniently
brought within the ooundaries of the territory over which the local agency
exercis.es jurisdiction provided that the topic of the meeting is limited to items
directly related to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance
that are· outside the, boundaries of a local agency's jurisdiction. However, any
meeting or discussi(?n held .pursuant to this subdivision shall take place within the
jurisdiction of one (?f the participating local agencies and be noticed by all
participating agenci,es as provided for in this chapter.
I
(4) • Meet1in the closest meeting facility if the local agency has no
meeting tk:ility witlrin the boundaries of the territory over which the local agency
exercises jurisdiction, or at the principal office of the local agency if that office is
located outside the territory over which the agency exercises jurisdiction.
(5) Meet:outside their immediate jurisdiction with elected or appointed
officials of the United States or the State of California when a local meeting
would be impracti~. solely to discuss a legislative or regulatory issue affecting
the local agency an .. d over which .the federal or state officials have jurisdiction.
~ of canlonia Cities April I, 1994
Tm of tho Ralph M. a-,, A<t 7
(6) Meet outside their immediate jurisdiction if the meeting takes place
in or nearby a facility owned by the agency, provided that the topic of the meeting
is limited to items directly related to the facility. '
(7) Visit the office of the local agency's legal counsel for a closed
session on pending litigation held pursuant to Section 54956.9, when to do so
would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within
the district except under the circumstances enumerated in subdivision (b ), or to do any
of the following:
(1) Attend a conference on nonadversarial collective bargaining
techniques.
(2) Interview members of the public residing in another district with
reference to the trustees' potential employment of the superintendent of that
district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at
least one of its member agencies, or as provided in subdivision (b). However, a joint
powers authority which has members throughout the state may meet at any facility in the
state which complies with the requirements of Section 54961.
( e) If, by reason of fire, flood, earthquake, or other emergency, it shall be
unsafe to meet in the place designated, the meetings shall be held for the duration of
the emergency at the place designated by the presiding officer of the legislative body or
his or her designee in a notice to the local media that have requested notice pursuant to
'Section 54956, by the most rapid means of communication available at the time.
54954.1. Malled notice to persons who filed written request; time; duration
and renewal of requests; fees
The leaWative body which is subject to the provisions of this chapter shall give
mailed notice of every regular meeting, and any special meeting which is called at least
0 one week prior to the date set for the meeting, to any person who has filed a written
request for that notice with the legislative body. Any mailed notice required pursuant to
this section shall be mailed at least one week prior to the date set for the meeting to
which it applies except that the legislative body may give the notice as it deems practical
of special meetings called less than seven days prior to the date set for the meeting.
1-of California Clllts April I, 199-1
r
8 Text of tbe Ralph M.: 9.,,_.. Act
I
Any request for notice filed pursuant to this section shall be valid for one year
from the date on which it is filed unless a renewal request is filed. Renewal requests for
notice shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall
not constitute grounds for any court to invalidate the actions of the legislative body for
which the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the service~
54954.2. Agenda posting; action on other matters
(a) At least 72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general description of
each item of business to be transacted or discussed at the meeting, including items to be
discussed in closed session. A brief general description of an item generally need not
exceed 20 words. The agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to members of the pubijc.
No action or discussion shall be undertaken on any item not appearing on the
posted agenda, except that members of a legislative body or its staff may briefly respond
to statements made or questions posed by persons exercising their public testimony rights
under Section S49S4.3. In addition, on their own initiative or in response to questions
posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own
activities. Furthermore, a member of a legislative body, or the body itself, subject to
rules or procedures of the legislative body, may provide a reference to staff or other
resources for factual information, request staff to report back to the body at a
subsequent meeting concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on
items. of business not appearing on the posted agenda under any of the conditions stated
below. Prior to discussing any item pursuant to this subdivision, the legislative body shall
publicly iden~dle item.
(1) Upon a determination by a majority vote of the legislative body that
an emergency situation exists, as defined in Section S49S6.5.
~ or CaWomla Cllin April I. 19'M
Tm., Ibo Ralph !If. a_,. Act 9
(2) Upon a determination by a two-thirds vote of the legislative body,
or, if less than two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and that the need
for action came to the ·attention of the local agency subsequent to the agenda
being posted as specified 'in subdivision (a).
(3) The item was posted pursuant to subdivision (a) 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.
54954.3. Opportunity for public to address legislative body; adoption of
regulations
(a) Every agenda for regular meetings shall provide an opportunity for
members of the public to directly address the legislative body on any ftem of interest to
the public, before or during the legislative body's consideration of the item, that is 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 otherwise a.qthorized •
by subdivision (b) of Section 54954.2. However, the agenda need not provide an
opportunity for members of the public to address the legislative body on any item that
has already been considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item, before or during the
committee's consideration of the item, unless the item has been substantially changed
since the committee heard the item, as determined by the legislative body. Every notice
for a special meeting shall provide an opportunity for members of the public. to directly
address the legislative body concerning any item that has been described in the notice for
the meeting before or duririg CQnsideration of that item.
(b) The legislative body of a local agency may adopt reasonable regulations to·
ensure that the intent of subdivision (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 individual speaker. •
(c) Tbe legisla~e body of a local agency shall not prohibit public criticism of
the policies. procedures, programs. or services of the agency, or of the acts or omissions
of the legislative body .. Nothing. in this subdivision shall confer any privilege or
protection for expression beyond that otherwise provided by law.· •
~ of Calllonlill CIIIH April I, 19'J.I
10 Tat of tlle Ralph M. BNWII Act
54954.4. Reimbursements to local agencies and school districts for costs
( a) The Legislature hereby finds. and declares that Section 12 of Chapter 641
of the Statutes of 1986, authorizing reimbursement to local agencies and school districts
for costs mandated by the state pursuant to that act, shall be interpreted strictly. The
intent of the Legislature is to provide reimbursement for only those costs which are
clearly and unequivocally incurred as the direct and necessary result of compliance with
Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials
involved in reviewing or authorizing claims for reimbursement, or otherwise participating
in the reimbursement process, to rigorously review each claim and authorize only those
claims, or partS thereof, which re::; resent costs which are clearly .and unequivocally .
incurred as the direct and necessa:y result of compliance with Chapter 641 of the
Statutes of 1986 and for which complete documentation exists. For purposes of Section
54954.2, costs eligible for reimbursement shall only include the actual cost to post a
single agenda for any one meeting.
( c) The Legislature hereby finds and declares that complete, faithful, and
uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of
overriding public importance. Unless specifically stated, no future Budget Act, or related
budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or
otherwise modify the legal obligation and duty of local agencies to fully comply with
Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
54954.5 .. Closed session agenda, descriptions
For purposes of describing closed session items pursuant to Section 54954.2, the
agenda may describe closed sessions as provided below. No legislative body or elected
official shall be in violation of Section 54954.2 or 54956 if the closed session items were
descril)ed in substantial compliance with this section. Substantial compliance is satisfied
by inclu~ng the information provided below, irrespective of its format.
(ar,, -With respect to a closed session held pursuant to Section 54956.7:
UCENSE/PERMITDETERMINATION
Applicant(s): (Specify number of applicants)
1-of callfomla Cities April I, 199<4
j ' • -•
Text of Ibo Ralph M. 'Brvwn Ad 11
(b) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: (Specify street address, or if no street address, the parcel
number or other unique reference, of the real property under •
negotiation)
Negotiating parties: (Specify name of party (not agent))
' Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL • EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED
LITIGATION
~ of cauromia Cities
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
Initiation of litigation pursuant to subdivision ( c) of Section 54956.9:
(Specify number of potential cases)
April I. 1994
r
12 Tat or Ibo Ralpb M. e..,.. Act
( d) With respect to every item ofbusiness to be discussed in closed session
pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
( e) With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of officer)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed
session to consider discipline, dil;missal, or release of a public
employee. Discipline includes potential reduction of compensation.)
1-or ca11ron1a t111n April I, 1994
T n1 of tho Ra141' M. 11....,. ....,
(t) With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITii LABOR NEGOTIATOR
Agency negotiator: (Specify name)
13
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
.(g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW /PLANNING
(No additional information is required in connection with a closed. session
to consider case review or planning ) •
(h) With respect to every item of business to be discussed in closed session
pursuant to Sections 1461, 32106, and 3215S of the Health and Safety Code or Sections
37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new service, program. or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
~ of Calllomia Cilia
Subject matter: (Specify whether testimony/deliberation will concern
Slaff privileges, repon of medical audit committee, or repon of
quality assurance committee)
14
S4954.6 New or Increased taxes or assessments; heartn1s; notice
(a) (1) Before adopting any new or increased general tax or any new or
increased assessment. the legislative body of a city, county, special district. or joint
powers authority shall conduc:t at least one public meeting at which local officials
must allow public testimony regarding the proposed new or increased general tax
or new or increased assessment in addition to the noticed public hearing at which
the legislative body proposes to enact or increase the general tax or assessment.
F~ pmp,sn ot tllil • d 1 , • w ._. • h I ud • • 11war" does 110.,
include a, of Ill 5 7 • S
(A) A fee which does not exceed the reasonable cost of providing
the services.. facilities, or regulatory activity for which the fee is charged.
(B) A service' charge or benefit charge, unless a special district's
principal ac:t requires service charges or benefit charges to conform to the
requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same
or 1 ower amount as any previous year. •
(D) An assessment which does. not exceed an assessment formula
or rang,. of assessrn~nts previously adopted by the qency or approved by
the voters in the area where the assessment is imposed.
(E) Standby or immediate availability charges.
' (2) The legislative body shall provide at least 45 days' public notice of
the public hearina at which the legislative body proposes to enact or
increase the aeneral tu or assessment. The legislative body shall provide
notice for the public meeting at the same time and in the same document
u the nodc:e for the public bearing, but the meeting shall occur prior to
abearing.
(b) (1) The joint notice of both the public meeting and the public bearing
required by subdivision (a) with respect to a proposal for a new or increased
general Wt shall be accomplished by placing a display advertisement of at least •
one-eighth page in a newspaper of general circulation for three weeks pursuant to
Section 6063 and by a fim-class mailing to those interested parties who have filed
a wrinen request with the local agency for mailed notice of public a;ieetings or
hearings on new or increased general taxes. The public meeting pursuant to
subdivision (a) shall take place no earlier than 10 days a,#er the first publication
of the joint. notice pursuant to this subdivision. The public hearing shall take place
.t......,;I I 1-..
Text of tlM Ralph M. a_,, A<1 15
no earlier than seven days· after the· public meeting pursuant to this suboivision.
Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include
notice of the public meeting after the meeting has taken place. Toe public
hearing pursuant to subdivision (a) shall take place no earlier than 45 days after
the first publication of the joint notice pursuant to this subdivision. Toe public
hearing shall take place no earlier than seven days after the public meeting
pursuant to this subdivision. Any written request for mailed notices shall be
effective for-one year from the date on which it is filed unless a renewal request is
filed. Renewal requests for mailed notices shall be filed· on or before ~pril 1 of
each year. Toe legislative body may establish a reasonable annual charge for
sending notices based on the estimated cost of providing the service.
(2) Toe notice required by paragraph ( 1) of this subdivision shall include,
but not be limited to, the following:
(A) Toe amount or rate of the tax. If the tax is proposed to be
increased from any previous year, the joint notice shall separately state
both the existing tax rate and .the proposed tax rate increase.
(B) Toe activity to be taxed.
(C) Toe estimated amount of revenue to be raised by the tax
annually.
(D) Toe method and frequency for collecting the tax.
(E) Toe dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(F) Toe phone number and address of an individual, office, or
organization that interested persons may contact to receive additional
information about the tax.
(c) (1) The joint notice of both the public meeting and the public hearing
required by subdivision (a) with respect to a proposal for a new or ·increased
assessment on real property shall be accomplished through a mailing, postage
prepaid, in the United States mail and shall be deemed given when so deposited.
Toe public meeting pursuant to subdivision (a) shall take place no earlier than 10
days after the joint mailing pursuant to this subdivision. Toe public hearing shall
take place no earlier than seven days after the public meeting pursuant to this
subdivision. The envelope or the cover of the mailing shall include the name of
the local agency and the return address of the sender. This mailed notice shall be
~ or Callforaia Cilin April I, 1994
16
in at leasl _10-point type and be given to all property owners proposed to be
subject to the new or increased assessment by a mailing by name to those persons
whose names and addresses appear on the last equalized county assessment roll or
the State Board of Equalization assessment roll, as the case may be.
(2) The joint notice required by paragraph (1) of this subdivision shall
include, but not be limited to, the following:
(A) The estimated amount of the assessment per parcel. If the
assessment is proposed to be increased from any previous year, the joint
notice shall separately state both the amount of the existing assessment and
the proposed assessment increase."
(B) A general description of the purpose or improvements that
the assessment will fund.
(C) Toe address to which property owners may mail a protest
against the assessmenL
' •.
(D) Toe phone number and address of an individual, office,'or
organization that interested persons may contact to receive additional
information about the assessment.
(E) A statement that a majority protest will cause the assessment
to be abandoned if the assessment act used to levy the assessment so
. provides. Notice must also state the percentage of protests required to
trigger an election, if applicable.
(F) Toe dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(3) • Notwithstanding paragraph (1), in the case of an assessment which is
proposed exclusively for operation and maintenance expenses for an entire city,
county, ot district, or operation and maintenance assessments proposed to be
• levied oa 50,000 parcels or more, notice may be provided pursuant to paragraph
(1) of subdivision (b) and shall include the information required by paragraph (2)
of subdivision ( c ).
~ ol c.tlfol'llia Cllln April I. I 9'M
(4) · Notwithstanding paragraph (1). in the case of an assessment
proposed to be levied pursuant to Pan 2 ( commencing with Section 22.500) of
Division 2 of the Streets and Highways Code by a regional, park district. regional
park and open-space district. or regional open-space district formed pursuant to
Article 3 ( commencing with Section 5500) of Chapter 3 of Division 5 of. or
pursuant to Division 26 ( commencing with Section 35100) of. the Public
Resources Code, notice may be provided pursuant to paragraph ( 1) of subdivision
(b).
(d) The notice requirements imposed by this section shall be construed·as
additional to and not to supercede existing provisions of law and shall be applied.
concurrently with the existing provisions so as to not delay or prolong the
Governmental dec.ision making process.
( e) This section shall not apply to any new or increased general tu or any new
or increased assess~ent that requires an election of either of the following:
( 1) The propeny owners subject to the assessment.
(2) The voters within the city, county, special district. or joint powers
authority imposing the w or assessment. •
(f) Nothing in this section shall proillbit a local agency from holding a
consolidated meeting or hearing at which the legislative body discusses multiple tu or
assessment proposals.
(g) • The local agency may recover the reasonable cosu of public meetings,
public hearings, and notice required by this section from the proceeds of the tax or
assessment. The cosu recovered for these purposes, whether recovered pursuant to this
subdivision or any other provision· of law, shall not exceed the reasonable costs of the
public meetings, public bearings, and notice. •
54955. Adjoarnment; adjourned meetlnp
The leplerive 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. las than a quorum may so adjourn from time to time. If all members
are absent from any regular or adjourned regular meeting the cleric or secretary 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 be1 given in the same manner as
provided in Section 54956 for special meetings, unless such notice is waived as provided
for special meetings. A copy of 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
18
the adjoummenL When a regular or adjourned regular meeting is adJourned as provided
in this section, the resulting adjourned regular meeting is a regular meeting for all
purposes .. When an order of adjournment 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
meetings by ordinance. resolution, by law, or other rule.
54955.1. Continuance
Any hearing being held, or noticed or ordered to be held, by a legislative body of
a local agency at any meeting may by order or notice of continuance be continued or
re continued to any subsequent meeting of the legislative body in the same manner and
to the same extent set forth in Section 54955 for the adjournment of meetings; provided,
. 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 declaration of
continuance was adopted or made.
54956. Special meetings; call; notice •
A special meeting may be called at any time by the presiding officer of the
legislative body of a local agency, or by a majority of the members of the legislative
body, by delivering personally or by mail written notice to each member of the legislative
body and to each local newspaper of general circulation, radio or television station
requesting notice in writing. The notice shall be delivered personally or by mail and
shall be received at least 24 hours before the time of the meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted or discussed. No other business shall be considered at
these meetings by the legislative body. The written notice may be dispensed with as to
any member who at or prior to the time !,he meeting convenes tiles with the clerk or
secretary of the legislative body a written waiver of notice. The waiver may be given by
telegram. The written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
The cajl IDd notice shall be posted at least 24 hours prior to the special meeting
· in a location tlm is freely accessible to members of the public.
Emapu .. / meednp In emerpncy situations
In the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with either the 24-
hour notice requirement or the 24-hour posting requirement of Section 54956 or both of
the notice and posting requirements.
April I, l!IM
Tm of tho Ralph M. a_,, Ac1 19
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage or other activity which severely impairs public health,
safety, or both, as determined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television
station which has requested notice of special meetings pursuant to Section 54956 shall be
notified by the presiding officer of the legislative body, or designee thereof, one hour
prior to the emergency meeting. by telephone and all telephone numbers provided in the
most recent request of such newspaper or station for notification of special meetings
shall be exhausted. In the event that telephone services are not functioning, the· notice
requirements of this section shall be deemed waived, and the legislative body, or
designee of the legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency meeting, the purpose of
the meeting, and any action taken at the meeting as soon after the meeting as possible .
. Notwithstanding Section 54957, the legislative body shall not meet in closed
session during a meeting called pursuant to this section. •
All special meeting requirements, as prescribed in Section 54956 shall be
applicable to a meeting called pursuant to this section, with the exception of the 24-hour
notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the
presiding officer of the legislative body, or designee of the legislative body, notified or
anempted to notify, a copy of the roUcall vote, and any actions taken at the meetihg
. shall be posted for a minimum of 10 days in a public place as soon after the meeting as .
possible,
54956.6. Fees
No fees may be charged by the legislative body of a local agency for carrying out
any provision. of this chapter, except as specifically authorized by this chapter.
54956.7. Closed sessions; license applications; rehabilitated criminals
Whenever a legislative body of a local agency determines that it is necessary to
discuss and determine whether an applicant for a license or license renewal, who has a
criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may
bold a closed session with the applicant and the applicant's attorney, if any, for the
• purpose of holding the discussion and making the determination. If the legislative body
~ or Callforaia Cilin April I, 199-1
20 Tm ., , .. Ra!pll M. e_,, Act
determines, as a result of the closed session, that the issuance or renewal of the license
should be denied, the applicant shall be offered the opportunity to withdraw the
application. If the applicant withdraws the application, no record shall be kept of the
discussions or decisions made at the closed session and all matters relating to the closed
session shall be confidential. If the 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 denying 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. Real property transactions; closed meeting with negotiator
Notwithstanding any other provision of this chapter, a legislative 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 grant authority to its
negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
Howeve,r, prior to the closed session, the legislative body of the local agency shall
hold an open and 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 closed session·
for discussions regarding eminent domain proceedings pursuant to Section 54956.9:
54956.9. Pending litigation; closed session; attorney-client privilege; notice;
memorandum
Nothing ill this chapter shall be construed to prevent a legislative body of a local
agency, based on advice of its legal counsel, from holding a closed session to confer with,
or receive advice from, 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.
1-ofCalifomla Cities April I, 19'M
Text of Ibo Ralph M. 9,_. Act
For purposes of this chapter, all expressions of the lawyer-client privilege other
than those provided in this section are hereby abrogated. This section is the exclusive
expres~ion' of the lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
21
For purposes of this section, "litigation" includes any adjudicatory proceeding,
including eminent domain, before a coun, administrative body exercising its adjudicatory
authority, hearing officer, or arbitrator.
For purposes of this section. litigation shall be considered pending when any of
the following circumstances exist:
(a) Litigation,. 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 advice of its legal counsel, based on existing facts
and circumstances, there is a significant exposure to litigation against the local
agency.
(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
pursuant to paragraph (1) of this subdivision.
(3) For purposes of paragraphs (1) and (2), "existing facts and
circumstances" shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation against
the local agency but which the local agency believes are not yet known to a
potential plaintiff or plaintiffs, which facts and circumstances need not be
disclosed.
(B) Facts and circumstances, including. but not limited to, an
accident, disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.
(C) The receipt of a claim pursuant to the Tort Claims Act or
some other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for public
inspection pursuant to Section 54957.5.
Lo.-of Callfonlia Cities April I. 199-1
22 Tm of ti• Ralph M. 8,-u AC't
(D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility of the
legislative body.
(E) • . A statement threatening litigation made by a person outside
an open and public meeting on a specific matter within the responsibility of
the legislative body so long as the official or employee of the local agency
receiving knowledge of the threat makes a contemporaneous or other
record of the statement prior to the meeting, which record shall be
available for public inspection pursuant to Section 54957.5. The records so
created need not identify the alleged victim of unlawful or tortious sexual
conduct or anyone making the threat on their behalf; or identify a public
employee who is the alleged perpetrator of any unlawful or tortious
conduct upon which a threat of litigation is based, unless the identity of the
person has been publicly disclosed.
(F) Nothing in this section shall require disclosure of written
c6mmunications that are privileged and noi subject to disclosure pursuant
to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).
(c) Based on existing facts and circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the legislative body of
the local agency shall state on the agenda or publicly announce the subdivision of this
section that authorizes the closed session. H the session is closed· pursuant to subdivision
(a), the body shall state the title of or otherwise specifically identify the litigation t1. oe
discussed. unless the body states that to do so would jeopardize the agency's ability to
effectuate service of process upon one or more unserved parties, or that to do so would .
jeopardjze its ability to conclude existing settlement negotiations to its advantage.
,. ·;~
'A\~cal'agency shall be considered to be a "party" or to have a "significant
exposure to litiption" if an officer or employee of the local agency is a party or has a
significant. expmare to litigation concerning prior or prospective activiti~s or alleged
activities during the course and scope of that office or employment, including litigation in
which it is an issue whether an activity is outside the. course and scope of the office or
employment.
lAqoo of Callfomia Cilies April I. 199-1
Tot ol 1ho Ralph M. a-,, Ad
54956.95. Closed sessions; insurance pooling; tort liability losses; public •
liability losses; workers' compensation liability
23
(a) Nothing in this chapter shall be construed to prevent a joint powers agency
formed pursuant to Article 1 ( commencing with Section 6500) of Chapter 5 of Division 7
of Title 1, for purposes of insurance pooling, or a local agency member of the joint
powers agency, from holding a closed session to discuss a claim for the payment of ton
liability losses, public liability losses, or workers' compensation liability incurred by the
joint powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency
Self-Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section
6599.01) of Division 7 of Title 1, or a local agency member of the authority, from
holding a closed session to discuss a claim for the payment of ton liability losses, public
liability losses, or workers' compensation liability incurred by the authority or a local
agency member of the authority.
\
(c) Nothing in this section shall be construed to affect Section 5495_6.9 with
respect to any other local agency.
54957. Closed sessions; threat to public services; personnel matters;
exclusion or witnesses; •employee• defined; discussion or
compensation
Nothing contained in this chapter shall be construed to prevent the legislative
body of a local agency from holding closed sessions with the Attorney General, district
attorney, sheriff, or chief of police, or their respective deputies, ·on matters posing a
threat to the. security of public buildings or a threat to the public's right of access to
public services or public facilities, or from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation of performance,
discipline, or dismissal of a public employee or to hear complaints or charges brought
against the employee by another person or employee unless the employee requests a
public session.
' As a condition to holding a closed session on specific complaints or charges
brought against an employee by another person or employee, the employee shall be
given written notice of his or her right to have the complaints or charges heard in an
open session rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for holding the session.
If notice is not given, any disciplinary or other action taken by the legislative body
against the employee based on the specific complaints or charges in the closed session
shall be null and void.
~ of Calllonla CUla April I. I"°'
24
The legislative body also may exclude from the· public or closed meeting. during
the examination of a witness, any or all other witnesses in the matter being investigated
by the legislative body. •
For the purposes of this section, the term "employee" shall include an officer or
an independent contractor who functions as an officer or an employee but shall not
include any elected official. member of a legislative body or other independent
contractors. Nothing in this section shall limit local officials' ability to hold closed
session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety
Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held
pursuant to this section shall not include discussion or action ·on proposed compensation
except for a reduction of compensation that results from the imposition of discipline.
54957.1. Closed sessions; public report of action taken '
(a) The legislative body of any local agency shall publicly report any action
taken in closed session and the vote or abstention of every member present thereon, as
follows:
( 1) Approval of an agreement concluding real estate negotiations
pursuant to Section 54956.8 shall be reported after the agreemen~ is final, as
specified below:
(A) If its own approval renders the agreement final. the body
shall report that approval and the substance of the agreement in open
session at the public meeting during which the closed session is held.
(B) If final approval rests with the other party to the negotiations,
the lo¢ agency shall disclose the fact of that approval and the substance
of the agreement upon inquiry by any person, as soon as the other party or
its agent has informed the local agency of its. approval. •
(2) Approval given to its legal counsel to defend, or seek or refrain
from "Nking appellate review or relief, or to enter as an. amicus curiae in any
,fonn of lidption as the result of a consultation under Section 54956.9 shall be
reported in open session at the public meeting during which the closed session is
held. The report shall identify, if known, the adverse party or parties and the
substance of the litigation. In the case of approval given to initiate or intervene
in an action, the announcement need not identify the action, the defendants, or
other particulars, but shall specify that the direction to initiate or intervene in an
action has been given and that the action, the defendants, and other particulars
1-of callfonla Cllios April I, 19'M
The Ralpb M, 9_. Act
shall, once formally commenced, be disclosed to any person upon inquiry, unless
to do so would jeopardize the agency's ability to effecrua,e service of process on
one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of pending
litigation, as defined in Section 54956.9, at any stage prior to or during a )udicial
or quasi-judicial proceeding shall be reported after the settlement is final, as
specified below:
(A) If the legislative body accepts a settlement offer signed by the
opposing party, the body shall report its acceptance and identify the
substance of the agreement in open session at the public meeting during
which the closed session is held.
(B) If final approval rests with some other party to the litigation
or with the coun, then as soon as the settlement becomes final, and upon
inquiry by any person, the local agency shall disclose the fact of that
approval, and identify the substance of the agreemenL
(4) Disposition reached as to claims discussed in closed session pursuant
to Section 54956.95 shall be reported as soon as reached in a manner that
identifies the name of the claimant, the name of the local agency claimed against,
the substance of the claim, and any monetary amount approved for payment and
agreed upon by the claimant. •
(5) Action taken to appoint, employ, dismiss, 'lccept the resignation of,
or otherwise affect the employment status of a public employee in closed session
pursuant to Section 54957 shall be reported at the public meeting during which
the closed session is held. Any report required by this paragraph shall identify the
title of the position. Toe general requirement of this paragraph notwithstanding,
the report of the dismissal or of the nonrenewal of an employment contract shall
be deferred until the first public meeting following the exhaustion of
administrative remedies, if any.
(6} Approval of an agreement concluding labor negotiations with
represented employees pursuant to Section 54957.6 shall be reported after the
agreement is final and has been accepted or ratified by the. other party. The
report shall identify the item approved and the other party or parties to the
negotiation.
1-of Calllonia Cilia April I, l'l'J,I
26
(b) Reports that are required to be made pursuant to this section may be
made orally or in writing. 1Jie legislative body shall provide to any person who has
submitted a written request to the legislative· body within 24 hours of the posting of the
agenda, or to any. person who has made a standing request for all documentation as pan
of a request for notice of-meetings pursuant to Section 54954.1 or 54956, if the requester
is present at the time the closed session ends, copies of any contracts, settlement
agreements, or other documents that were finally approved or adopted in the closed
session. If the action taken results in one or more substantive amendments to the
related documents requiring retyping, the documents need not be released until the
retyping is completed during normal business hours, provided that the presiding officer of
the legislative body or his or her designee orally summarizes the substance of the
amendments for the benefit of the document requester or any other person present and
requesting the information.
(c) The documentation referred to in paragraph (b) shall be available to any
person on the next business day following the meeting in which the action referred to is
taken or, in the case of substantial amendments, when any necessary retyping is.
complete.
(d) Nothing in this section shall be construed to require that the legislative
body approve actions not otherwise subject to legislative body approval.
( e) No action for injury to a reputational, liberty, or other personal interest
may be commenced by or on behalf of any employee or former employee with respect to
whom a disclosure is made by a legislative body in an effon to comply with this section.
54957.l. Minute book record of closed sessions; inspection
(a) The legislative body of a local agency may, by ordinance or resolution,
designate a clerk or other officer 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 As:t (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1 ), and shall be kept confidential. The minute book shall be available only to members
of the legislatift 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 appointed by or under the
authority of the elected legislative body keep a minute book as prescribed under
subdivision (a).
~ of Callfonia Clllos April I, 1!19-1
54957.5. Agendas and other writings distributed for discussion or
consideration at public meetings; public records; inspection; closed
sessions
(a) Notwithstanding Section 6255 or any other provisions of law, agendas of
public meetings and any other writings, when distributed to all, or a majority of all, of
the members of a legislative body of a local agency by any person in connection with a
matter subject to discussion or consideration at a public meeting of the body, are
disclosable public records under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and shall be made available
upon request without delay. However, this section shall not include any writing 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 during a public meeting shall be made available for public inspection at the
meeting if prepared by the local agency or a member of its legislative body, or after the
meeting if prepared by some other person.
( c) Nothing in this chapter 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.
( d) This section shall not be construed to limit or delay the public's right to
inspect any record required to be disclosed under the requirements of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1).
Nothing in this chapter shall be construed to require a legislative body of a local agency
to place any paid advertisement or any other paid notice in any publication.
54957.6. Closed sessions; legislative body or 1~ agencies; salaries, salary
schedules or fringe benefits; mandatory subjects; "employee"
defined; discussion or budget priorities
(a) Notwithstanding any other provision of law, a legislative body of a local
agency may hold closed sessions with the local agency's designated representatives
regarding the salaries, salary schedules, or compensation paid in the form of fringe
benefits of its represented and unrepresented employees, and, for represented
employees, any other matter within the statutorily-provided scope of representation.
Closed sessions of a legislative body of a local agency, as permitted in this section. shall
be for the purpose of reviewing its pQsition and instructing the local agency's designated
representatives. Closed sessions, as permitted in this section, may take place prior to .
and during consultations and discussions with representatives of employee organizations
and unrepresented employees.
1-of Calllomla Cilia April I, 199,1
28 11,o Ralpb M. 8,-n Act
Oosed sessions with the local agency's designated representative regarding the
salaries, salary schedules, or compensation paid in the form of fringe benefits may
include discussion of an agency's available funds and funding priorities, but only insofar
as these discussions relate to providing instructions to the local agency's designated
representative.
Closed sessions held pursuant to this section shall not include final action on the
proposed compensation of one or more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency
may also meet with a state conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term "employee" shall include an
officer or an independent contractor who functions as an officer or an employee, but
shall not include any elected official, member of a legislative body, or other independent
contractors.
54957.7. Closed sessions; disclosure of items to be discussed; notice
(a)· Prior to holding any closed session, the legislative body of the local agency
shall disclose, in an open meeting, the item or items to be discussed in the closed
session. The disclosure may take the form of a reference to the item or items as they
are listed by number or letter on the agenda. In the closed session, the legislative body
may consider only those matters covered in its statement. Nothing in this section shall
require or authorize a disclosure of information prohibited by state or federal law.
(b) After any closed session, the legislative body shall re, .. nvene into open
session prior to adjournment and shall make any disclosures requir • 1 by Section 54957.1
of action taken in the closed session.
( c) The announcements required to be made in open session pursuant to this
sectioi;i may be made at the location announced in the agenda for the closed session, as
long as,.the public is allowed to be present at that location for the purpose of hearing the
announcemenca. ..
IA.-of Callfonia Cilia April I, 1994
54957 .8. Closed sessions; legislative body or a multijurisdictional drug law
enforcement agency .
Nothing contained in this chapter shall be construed to prevent the legislative
body of a multijurisdictional drug law enforcement agency, or an advisory body of a
multijurisdictional drug law enforcement agency, from holding closed sessions to discuss
the case records of any ongoing criminal investigation of the multijurisdictional drug law
enforcement agency or of any party to the joint powers agreement, to hear testimony
from persons involved in the investigation, and to discuss courses of action in particular
cases.
"Multijurisdictional drug law enforcement agency," for purposes of this section,
means a joint powers entity formed pursuant to Article 1 ( commencing with Section
6500) of Chapter 5 of Division 7 of Title 1, which provides drug law enforcement
services for the parties to the joint powers agreement.
The Legislature finds and declares that this section is within the public interest, in
that its provisions arc necessary to prevent the impairment of ongoing law enforcement •
investigations, to protect wimcsses and informants, and to permit the discussion· of
effective courses of action in particular cases.
54957.9. Disorderly conduct during meeting; clearing or room
In the event that any meeting is wilfully interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting unfeasible and order cannot
be restored by the removal of individuals who are wilfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the meeting room
cleared and continue in session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to attend any session held
pursuant to this section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmitting an individual or individuals not responsible for
wilfully disturbing the orderly conduct of the meeting.
54958. Application or chapter
The provisions of this chapter shall apply to the legislative body o! every local •
agency notwithstanding the conflicting provisions of any other state law.
C
1-of Callfonia Cltin April I, l 99ol
30 The Ralph M. 8_,, Ad
54959. . Penalty for unlawful meeting
Each member of a legislative body who attends a meeting of that legislative body
where action is taken in violation of any provision of this chapter, and where the
member intends to deprive the public of information to which the member knows or has
reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
54960. Action to prevent violations or determine applicability or chapter
(a) The district attorney or any interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this chapter by members of the legislative body of a
local agency or to determine the applicability or this chapter to actions or threatened
future action of the legislative body, or to determine whether any rule or action by the
legislative body to penalize or otherwise discourage the expression of one or more of its
members is valid or invalid under the laws of this state or of the United States, or to
compel the legislative body to tape record its closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of ·Section
54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to tape
record its closed sessions and preserve the tape recordings for the period and under the
terms of security and confidentiality the court deems appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date
of the closed session recorded and the title of the clerk or other officer who shall be
custodian of the recording.
(2)
1-of callfonla Clllos
The tapes shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the tape is
sought by either the district attorney or the plaintiff in a civil action
pUISUant to Section 54959, 54960, or 54960.1 alleging that a
violation of this chapter has occurred in a closed session which has
been recorded pursuant to this section, the party seeking discovery
or disclosur" shall file a written notice of motion with the
appropriate coun with notice to the governmental agency which has
custody and control of the tape recording. The notice shall be given
pursuant to subdivision (b) of Section 1005 of the Code of Civil
Procedure. •
April I, 11'94
The Kalp~ M. Bnwn Act 31
54960.1.
(B). The notice shall include, in addition to the items required by
Section 1010 of the Code of Civil Procedure, all of the following:
(i) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure,
the date and1 time of the meeting recorded, and the
governmental agency which has custody and control of the
recording. ,
(ii) An affidavit which contains specific facts indicating
that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that there is
good cause to believe that a violation has occurred, the court may review,
in camera, the recording of that portion of the closed session alleged to
have violated the act.
( 4) If, following the in camera review, the court concludes that
disclosure of a portion of the recording would be likely to materially assist
in the resolution of the litigation alleging violation of this chapter, the
court shall, in its discretion, make a certified transcript of the portion of
the recording a public exhibit in the proceeding.
(5) Nothing in this section shall permit discovery of communications
which are protected by the attomey;elient privilege.
Unlawful action by legislative body; action for mandamus or
injunction; prerequisites •
(a) The district attorney or any interested person may commence an action by
mandamus or injunction for the purpose of obtaining a judicial determination that an
. action ta.ken by a legislative body of a local agency in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956 is null and void under this section. Nothing in this chapter
shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the
district attorney or interested person shall make a demand of the legislative body to cure
or correct the action alleged to have been ta.ken in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956. The demand shall.be in writing and clearly describe the
challenged action of the legislative body and nature of the alleged violation.
1-of Calllomia Cities April 1, 1994
32
(c)
The Ralph M. 8.-n Act
(1) The written demand shall be made within 90 days from the date the
action was taken unless the action was taken in an open session but in
violation of Section 54954.2, in which case the written demand shall be
made within 30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body shall
cure or correct the challenged action and infonn the demanding party in
writing of its actions to cure or correct or infonn the demanding party in
writing of its decision not to cure or correct the challenged. action.
(3) If the legislative body takes no action within 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 commence to run the day after the 30-day period to
cure or correct expires.
( 4) Within 15 days of receipt of the written notice of the legislative
body's decision to cure or correct, or not to cure or correct, or within 15
days of the expiration of the 30-day period to cure or correct, 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.
(d) An action taken that is alleged to have been taken in violation of Section
54953, 54954.2, 54954.S, 54954.6, or 54956 shall not be detennined 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, 54954.S, 54954.6, or 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
, CODUact let by competitive bid other than compensation for services in the
form of salary or fees for professional services, upon which a party bas, in
good faith and without notice of a challenge to the validity of the action.
detrimentally relied.
( 4) The action taken was in connection with the collection of any tax.
~ of Callfonaill Cities April 1. 1m
.J
The Ralpb M. B.-. Ad
. (S) Airj person, city, city and county, county, district, or any agency or
subdivision of the state alleging noncompliance with subdivision (a) of
Section 549S4.2, Section 54956; or Section 54956.S, because of any defect,
error, irregularity, or omission in the notice given pursuant to those
provisions, had actual notice of the item of business at least 72 hours prior
to the meeting at which the action was taken, if the meeting was noticed
pursuant to Section S49S4.2, or 24 hours prior to the meeting at which the •
action was taken if the meeting was noticed pursuant to Section 54956, or
prior to the meeting at which the action was taken if the meeting is held
pursuant to Section 54956.5.
( e) During any action seeking a judicial determination pursuant to subdivision
( 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 549S3, 54954.2, 54954.5, 54954.6, 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.
(f) The fact that a legislative body takes a subsequent action to cure or correct
an action taken pursuant to this section shall not be construed or admissible as evidence
of a violation of this chapter.
54960.S. Costs and attorney fees
• A court may award court costs and reasonable attorney fees to the plaintiff in an
action brought pursuant to Section 54960 or S4960.1 where it is found that a legislative
body of the local agency has violated this chapter. The costs and fees shall be paid by
the local agency and shall not become a personal liability of any public officer or
employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any
action brought pursuant to Section S4960 or S4960.1 where the defendant has prevailed
in a final determination of such action and the court finds that the action was clearly
frivolous and totally lacking in merit.
54961. '!'.]se ot facility allowing discrimination; disclosure of victims'
identities
(a) No legislative body of a local agency shall conduct any meeting in any
. facility that prohibits the admittance of any person, or persons, on the basis of race,
religious creed, color, national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be present without making a
payment or purchase. This section shall apply to every local agency as defined in Section
549S1. •
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34 The Ralph M. Br9W11 Act
(b) No notice, agenda, announcement, or report required under this chapter
need identify any victim or alleged victim of tortious sexual conduct or child abuse unless
the identity of the person has been publicly disclosed.
54962. Closed session by legislative body prohibited
Except as expressly authorized by this chapter, or by Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and .37624.3 of the Government
Code as they apply to hospitals, or by any provision of the Education Code pertaining to
school districts and community college districts, no closed session may be held by any
legislative body of any local agency. •
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1-of Callfonia Cities April I, 199'