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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