HomeMy WebLinkAbout2021-07-29; Independent Redistricting Commission; ; Ralph M. Brown Act and California Public Record Act PresentationC cityof
Carlsbad
WHAT IS THE RALPH M . BROWN ACT?
• State,.s opening meeting law for local
government agencies; enshrined in the
state constitution
-Cal. Constitution, Art 1, § 3(b)(7)
-Cal. Government Code, §§ 54950-
54963
• Applies to city boards and commissions
(cityof
Carlsbad
ov·ERARCHING PRINCIPLES
• Transparency, accountability, and public
participation in decision-making
• "The people of this State do not yield their
sovereignty to the agencies which serve them. The
people✓ in delegating authorit½ 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." {Cal. Gov. Code✓ § 54950.}
{"City of
Carlsbad
WHAT DOES THE BROWN ACT REQUIRE?
• Commission "meetings" must be
noticed and public
• Commission deliberations must be
conducted and Commission actions
must be taken openly
(city of
Carlsbad
EXAMPLES OF MEETINGS
• Obvious
-In-person meetings
-Virtual meetings
-Teleconference meetings
(City Of
Carlsbad.
EXAMPLES OF MEETINGS
• Not as obvious
Group text and email messages, including replying to all
Serial meetings
• Direct -A talks to B, B talks to C, C talks to D
• Via an intermediary-I talks to A, I talks to B, I talks
to C, I talks to D
• Via social media -Direct responses, including
"likes," to other Commissioners' social media
postings
· ('cityof
Carlsbad
GROUND RULES FOR MEETINGS
• Advance notice and posted agenda
72 hours for regular meetings; 24 hours for special
meetings
Different advance notice/posting periods for Commission
hearings and workshops (5 days); adoption of final map
(7 days)
• Public access to meetings and meeting documents
• Public participation in meetings
-Non-agenda public comment at regular meetings
• No action or discussion on non-agenda items
(city of
Carlsbad
THE BROWN ACT AND STAFF
• As long as staff do not function as intermediaries,
the Brown Act does not preclude
-Communications among staff
-One-way informational or advisory
communications from staff to Commissioners
-Briefings wjth less than a majority of
Commissioners
{city of
Carlsbad
CONSEQUENCES OF BROWN ACT VIOLATION
• Invalidation of Commission's decision
• Criminal enforcement: misdemeanor
• Injunction against future violations
• Attorney fees and costs
• Negative publicity
• Loss of public trust
{City of
Carlsbad
WHAT IS CALIFORNIA PUBLIC RECORDS ACT?
• State law, also enshrined in the state
constitution, allowing the public access to
government records
-Cal. Constitution, Art. 1, § 3(b)(7)
-Cal. Government Code, §§ 6250-
6276.48
• Applies to the Commission's records
{'Cityof
Carlsbad
OVERARCHING PRINCIPLES
• Similar to the Brown Act: transparency and
accountability
• "The people have the right of access to
information concerning the conduct of the
people's busin~ss, and, therefore, the
meetings of public bodies and the writings of
public officials and agencies shall be open to
public scrutiny." (Cal. Const. Art 1, § 3(b)(1);
see also Gov. Code, § 6250.)
("Cityof
Carlsbad
REQUIREMENTS
• · Every person has a right to inspect·
public records of any state or local
agency
-Short response time frame
• Some exceptions/exemptions, but .
construed narrowly in favor of public
disclosure
{"Cityof
Carlsbad
WHAT IS A PUBLIC RECORD?
• "[A]ny writing containing information
relating to the conduct of the public's
business prepared, owned, used, or
retained by any state or local agency
regardless of physical form or
characteristics." (Cal. Gov. Code, §
6252(e).)
(city of
Carlsbad
WHAT IS A WRITING?
• Any form of recorded communication
regardless of how the communication
is stored, including any handwriting,
typewriting, printing, photographing,
photocopying, electronic mail,
· facsimile, or text message. (Cal. Gov.
Code, § 6252(g).)
{City of
Carlsbad
EXAMPLES OF PUBLIC RECORDS.
• Obvious
-Agendas
-Minutes
-Staff reports and exhibits
-Recordings of meetings
-Maps
('cityof
Carlsbad
EXAMPLES OF PUBLIC RECORDS
• Not as obvious
-Social media postings using personal
accounts
-Email messages using personal accounts
-Text messages using personal phones
• Not necessary to conduct Commission business
through personal accounts or personal devices
• Forward communications from public to City
Clerk Services Manager for retention {city of
Carlsbad
RETENTION OF PUBLIC RECORDS
• Commission records maintained for
10 years
• Accessible through the city's
redistricting website or public records
portal
('city of
Carlsbad
CONS .EQU ENCES OF CPRA VIOLATION
• Requester may obtain a court order
requiring disclosure
• City re·sponsible for requester's
attorney fees and costs
• Negative publicity
• Loss of public trust
(city of
Carlsbad
RESOURCES
• Open and Public V: A Guide to the
Ralph M. Brown Act
• The People's Business: A Guide to the ·
California Public Records Act
{"city of
Carlsbad
(Cityof
Carlsbad