open meetings and communication presented to the first eight members of the citizens redistricting...
Post on 21-Dec-2015
217 views
TRANSCRIPT
![Page 1: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/1.jpg)
Open Meetings and Communication
Presented to the First Eight Members of the Citizens Redistricting Commission
November 2010
BSA, D. Neville
![Page 2: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/2.jpg)
Topics for Today
Requirements of Bagley-Keene
Avoiding a violation of Bagley-Keene
www.wedrawthelines.ca.gov
BSA, D. Neville
![Page 3: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/3.jpg)
Purpose of Bagley-Keene
“It is the public policy of this state that public agencies exist to aid in the conduct of the people's business and the proceedings of public agencies be conducted openly so that the public may remain informed.”
To make government decision makers accountable to the people they serve.
To give the public a voice in the decision making process.
BSA, D. Neville
![Page 4: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/4.jpg)
BSA, D. Neville
A Little Muckraking Never Hurt
1951: San Francisco Chronicle exposes closed door meetings
1953: Legislature responds by enacting local government open meeting act (Brown Act)
1967: Legislature requires state bodies to hold open meetings (Bagley-Keene)
![Page 5: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/5.jpg)
BSA, D. Neville
Central Requirement
Meetings of state bodies must be open to the public
![Page 6: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/6.jpg)
BSA, D. Neville
Who is Subject to Bagley-Keene?
Almost every state board, commission, or similar multi-member body
Advisory boards, or commissions, of 3 or more persons
Delegated committees, even if made up of less than 3 members
![Page 7: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/7.jpg)
BSA, D. Neville
Bagley-Keene Applies to the Commission
Applies to the full 14-member commission
Applies to the first eight members
Applies to advisory bodies of 3 or more if created by the commission
The law is a “floor” not a “ceiling”
![Page 8: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/8.jpg)
BSA, D. Neville
The Definition of “Meeting” is Key“Any congregation of a
majority of the members … at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body…”
![Page 9: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/9.jpg)
BSA, D. Neville
“Meeting” is Defined Broadly
Hear
Discuss
Deliberate
Act
![Page 10: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/10.jpg)
Must Provide Access to All Everyone can attend
Must be ADA accessible
Media
Right to record
Can’t be required to sign in
BSA, D. Neville
![Page 11: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/11.jpg)
Providing Notice
Bagley-Keene: 10 days Meetings of the first eight commissioners (10
days)
Voters FIRST Act: full commission, 14 days notice Limited exception in September 2011 (3 days) Prop. 20 changes deadline to August, but
doesn’t change 3-day requirement to August
BSA, D. Neville
![Page 12: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/12.jpg)
Voters FIRST Act Requirements Requires an outreach program to solicit
broad public participation
Public hearings before drawing maps
Public display of maps for 14 days
Take public comment on maps for at least 14 days
BSA, D. Neville
![Page 13: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/13.jpg)
Special Exceptions to Notice Rqts.
For very limited purposes, i.e. pending litigation, disciplinary action
48 hours notice-provided to newspapers
Emergency Meeting Crippling disaster
Work stoppage that may harm the public health and safety
One hour notice
BSA, D. Neville
Special Meeting
![Page 14: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/14.jpg)
Publishing an Informative Agenda Brief description of each item
“Specific”
Take care not to tie your hands by being so specific that you cannot consider other options!
No deliberation on items not on agenda
Work closely with staff on developing the agenda
BSA, D. Neville
![Page 15: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/15.jpg)
Taking Public Comment Before Acting
Public comment must be allowed on each agenda item before the state body acts on that item.
Ok to impose time limitations on speakers
Speakers can’t be required to sign in to speak or attend
Explicit right to criticize the state body
BSA, D. Neville
![Page 16: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/16.jpg)
Public Comment on Issues not on the Current Agenda
Customary to allow for public comment on items not on the agenda
No deliberation on items not on the agenda
BSA, D. Neville
![Page 17: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/17.jpg)
Making Written Materials Available
Written materials provided to the state body prior to the meeting must be made available at the meeting
Maps of the commission must be available 14 days prior to acting
BSA, D. Neville
![Page 18: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/18.jpg)
BSA, D. Neville
Holding a Closed Session Limited to specific situations
Agenda must indicate reason for closed session
At least one staff member must be present
Minutes must be taken; may be required to record
Must report on any action taken in closed session
![Page 19: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/19.jpg)
BSA, D. Neville
Special Rules Apply to Telephone Meetings The location where
members will be calling from must be noticed on the agenda.
Location must be ADA accessible and the meeting audible.
![Page 20: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/20.jpg)
Telephone Meetings cont’d.
At least one member must be at the telephonic location.
Vote by roll call.
No calling in on cell phones while driving!
BSA, D. Neville
![Page 21: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/21.jpg)
BSA, D. Neville
Avoiding a Violation of Open Meeting Laws
Clear prohibition in the law:
-”A majority of the members of a state body shall not, outside of a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter of the state body.”
![Page 22: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/22.jpg)
BSA, D. Neville
Serial Meeting
A chain of communications among a majority, may violate Bagley- Keene
Emails, phone calls, text messages
![Page 23: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/23.jpg)
BSA, D. Neville
Serial Meeting: “Wheel and Spoke”
Person at the center of the wheel facilitates a serial meeting among those at the end of the spokes
![Page 24: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/24.jpg)
BSA, D. Neville
A Violation Occurs
When a majority communicate among themselves
Directly or indirectly
Outside of an open meeting
Even if they do not reach consensus (AB 1494)
![Page 25: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/25.jpg)
Tips for Avoiding a Bagley Keene Violation
Members of a state body should not communicate among themselves outside of a public meeting regarding an item of business within their jurisdiction
Staff who assist the members of a state body should be trained appropriately so they do not act as conduits
BSA, D. Neville
![Page 26: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/26.jpg)
BSA, D. Neville
Serious Penalties for a Violation A violation of Bagley-Keene may result in
misdemeanor criminal prosecution
Actions taken in violation of the law may be void
Attorney’s fees
Harm to the agency’s reputation
![Page 27: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/27.jpg)
Communication Among Commissioners Outside of a Meeting
What can we talk about?
Members may have purely social conversations with one another.
Members may attend a conference with other members in attendance, as long as they do not discuss matters within their jurisdiction.
BSA, D. Neville
![Page 28: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/28.jpg)
Communicating with the Public and Other Public Officials
Voters FIRST Act imposes special rules:
No communications regarding redistricting outside of open meetings
Restrictions on communications with legislators, members of Congress, members of the State Board of Equalization, or their representatives, regarding selection of the final six members
BSA, D. Neville
![Page 29: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/29.jpg)
Using Technology to Promote Access
Blogging
Webcasting
BSA, D. Neville
![Page 30: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/30.jpg)
Helpful resources Handy Guide to the Bagley-Keene Open Meeting
Act (http://ag.ca.gov/publications/bagleykeene2004_ada.pdf)
Citizen Media Law Guidance(http://www.citmedialaw.org/legal-guide/california/open-meetings-laws-california)
BSA, D. Neville
![Page 31: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/31.jpg)
BSA, D. Neville
Test your Understanding
![Page 32: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/32.jpg)
BSA, D. Neville
Question 1Commissioner A wants to attend the upcoming
meeting of a state body. However, she needs to be traveling when the meeting is held. If she calls in to the meeting on her cell phone, while driving to the airport, is her attendance consistent with the requirements of Bagley Keene?
A. YesB. No
![Page 33: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/33.jpg)
BSA, D. Neville
Question 2May a member of the public use his or her iPhone or
other recording device to record a state body meeting and post it on YouTube?
A. Yes
B. Yes, but only if he or she intends to litigate the matter
C. Yes, but only if advance notice is given to the Secretary
D. No
![Page 34: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/34.jpg)
BSA, D. Neville
Question 3I offer my comments during the time allotted for
public comment on items not on the agenda at every meeting, and the members don’t respond except to say, “Thank you.” Why?
A. They are not listening. B. They disagree with you and don’t want to
argue in a public setting. C. The issues you are commenting on have not
been properly placed on the agenda for discussion, so it would be inappropriate for the members to deliberate on the issues you raise.
![Page 35: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/35.jpg)
BSA, D. Neville
Questions?
![Page 36: Open Meetings and Communication Presented to the First Eight Members of the Citizens Redistricting Commission November 2010 BSA, D. Neville](https://reader036.vdocument.in/reader036/viewer/2022062320/56649d625503460f94a446ab/html5/thumbnails/36.jpg)
Lunch Break
BSA, D. Neville