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HomeMy WebLinkAboutIssue Number B2- Council Memeber McCammack A6 1234 Ethics Training htt p://Imalethics.fppe.ca.gov/default.mpx AB 1234 Local Ethics Training Progress: 75% Help Purpose of Open Meeting Laws • Operating under the requirements of open meeting laws can sometimes be frustrating for local officials. Confining discussions among decision-makers to public meetings can seem inefficient and an unnatural way to communicate with colleagues. • It may be helpful to acknowledge that the goal of open meeting laws is not efficiency. If efficient decision-making were the priority,one wouldn't even need a multi-member decision-making body. • Having a multi-member decision-making body suggests a different set of values. This includes the value of having a group of individuals with a variety of experiences, backgrounds and viewpoints come together to develop a consensus. Consensus is developed through debate, deliberation and give and take. This process can sometimes take a long time and is very different in character than the individual- decision-maker model. Entered Into ReC. at MCC/C ',. '7121111 Agenda Item No: 13 z CiN ClerVCDC Secretary City ui San Bernardino AB 1234 Ethics Training http://iocalethics.fppe.ca.gov/default.aspx r AB 1234 Local Ethics Training Progress 76% Help. Case Study: Open Meetings and Electronic Devices . During a recent board of supervisors meeting, members of the board were seen typing furiously on their Blackberries. At one point three members of the five member board were observed lifting their heads, looking at each other,and nodding knowingly. . If the three members were sending text messages among themselves during the meeting,would they be violating the law? If the three members were receiving messages from a permit applicant in the audience, would they be violating the law? . When a quorum of a body (three in the case of a five-member body) participates in communications through an intermediary or technological device, they are participating in a meeting. If that meeting is not properly noticed and accessible to the public, it is in violation of the law. In this example,three members of the board are conducting a text-message conversation about an item on the meeting agenda in a way that does not involve traditional forms of spoken communications that the public can hear and observe.As such, we think a court would likely conclude the board members are violating both the letter and the spirit of the open meetings laws. . What if a permit applicant was communicating simultaneously with the supervisors? The law regarding third_n.eN rnnf�Me with eleMed nftii-Wk ie nnite tnrhnirol and oeMOrir hi t mirh n ca,mtinn ie ni ioetinnnhlc I of 1 5/24/2011 12:38 PM A&1234 Ethics Training http://Iocalediics.fppc.ca.gov/defaidt.aspi AB 1234 Local Ethics Training Progress: 78% "CID The Public's Right to Participate in Meetings • General Concept. Another element of open meeting laws is the public's right to address the governing body. In other words, the law gives the public a seat at the table where the public's business is being conducted. A public official's role is to both hear and evaluate these W�Mm"F, concerns.There are a number of basic rules that govern this right. . Posting and Following the Agenda. The open meeting laws require the public be informed of the time of and the issues to be addressed at each meeting. • The Public's Right to be Heard. Generally, every agenda must provide an opportunity for the public to address the governing body on any item of interest to the public within the body's jurisdiction. If the issue of concern is one pending before the legislative body, the opportunity must be provided before or during the body's consideration of that issue. . Reasonable Time Limits May Be Imposed. Local agencies may adopt reasonable regulations to ensure everyone has an opportunity to be heard in an orderly manner. I oft cnannii PA1opM AB 1234 Ethics Training htt p://Iocalethics.fppc.ca.gov/default.mpx AB 1234 Local Ethics Training Progress: 80% Help. -_ Case Study: Handling Public Comment Imagine the following occurring at a public agency meeting . Chair: "Okay, ifs now time for public testimony. I have the sign up cards here so when I call your name, please oome to the mic and make your comments." • The Chair then calls all of the names and the decision-makers listen to their testimony. • Chair: 'Thank you all, that concludes our testimony for this evening." • Member of public:"Excuse me, I have something that I want to say." • Chair: "Okay, come to the mic and state your name and address for us." • Public: "I just want to tell you about the mistreatment that I received from the operator of your animal control office." I of 1 5/24/2011 12:41 PM Aa 1234 Ethics Training ht tp://locale thics.fppc.ca.gov/default.aspx AB 1234 Local Ethics Training Progress: 80% Help.-_ Case Study Analysis + The open meeting laws specifically provide that members of the public do not have to identify themselves in order to attend a public meeting. • In most instances, people are happy to give their names in order to lend credibility to their views and to facilitate the distribution of information. • However,the decision to disclose one's name and address lies with the person attending the meeting. • The open meeting laws also allow the public to criticize elected or appointed officials as well as staff concerning the performance of their official duties. • What about refusing to give one's name when one speaks? • The law isn't clear on this point, but the better approach is to allow people to share their thoughts without stating their name. • Decision-makers can factor in the credibility of the testimony from an anonymous speaker, but there may be strong reasons of privacy or personal security underlying an individual's desire to shield his or her name 1 of 1 5/24/2011 12:42 PM AB 1234 Ethics Training http://Iocalethics.fppe.ca.gov/default.aspx AB 1234 Local Ethics Training Progress: 81% Help. Consequences of Disregarding Open Government Laws Violating the open meetings laws can have significant consequences, which include: . Invalidating or nullifying any decision made in violation of the open meetings laws. . Criminal sanctions for intentional violations of the open meeting laws (up to 6 months in jail/$1,000 fine). . The prospect of the agency having to pay for attorneys fees to defend challenges, as well as possibly paying for the attorneys fees of those who successfully sue the agency. . Intense, adverse media attention (remember Mark Twain's advice to not pick fights with those that buy ink by the barrel!). I of 1 5/24/2011 12:42 PM AB-1234 Ethics Training htt p://locale thics.fppc.ca.gov/default.aspx AB 1234 Local Ethics Training Progress: 82% Help.-_ Part D: The Public's Right to Access Records + Copies of the agenda materials and other documents distributed to the governing body must also be made promptly available to the public. + In addition to observing the meetings of government boards and commissions, the public has the right to request public records from any government agency. These materials include any writing that was prepared, owned, used, or retained by a public agency. They include documents, computer data, e-mails, facsimiles, and photographs. + Although there are exceptions to a public agency's duty to disclose records, a safe practice is to assume that virtually all materials involved in one's service on the governing body-including a-mails-are public records subject to disclosure. 1 of 1 5/24/2011 12:43 PM AB 1234 Ethics Training 4 http://locale thics.fppc.ca.gov/default.aspx i I I i i AB 1234 Local Ethics Training Progress: 88% Ifelp. � How the Records Request Process Works . The public can make records requests orally or in writing. Many agencies assist the public by providing a form to request records. . The request can ask for records having a certain kind of content: the request does not have to identify a specific record. . However,the request must be sufficiently clear to enable the agency to locate the request. If it is not,the agency must work with the person making the request to try to make it clearer. I of 1 5/24/2011 12:44 PM AB-1234 Ethics Training http://locale tbics.fppc.ca.gov/defaidt.aspx AB 1234 Local Ethics Training Progress: 83% Hell).__ How the Records Request Process Works (continued) • The general rule is that agency records may be inspected anytime during regular business hours. • As a practical matter,the agency may need time to identify and locate the record by • Consulting records indexes and filing systems • Asking knowledgeable people • Looking in logical places. • Although the agency must provide records promptly, the agency must generally respond within 10 days as to whether the agency was able to find the records and whether any exceptions to the obligation to disclose the records exist. . The goal is for the agency to provide the records within the 10 days; if it cannot, it must provide a good faith estimate as to when it can (keeping in mind the general obligation to provide the records promptly). I of] 5/24/2011 12:44 PM AB 1234 Ethics Training http://Iocalethics.fppc.ca.gov/default.aspx i I i I AB 1234 Local Ethics Training Progress: 92% Help. Holding Multiple Public Offices . There is such a thing as too much public service; the law limits the degree to which public officials can hold multiple public offices at the same time.The reason is that, when one assumes a public office, one takes on responsibility to the k•r-" constituents of that agency to put their interests first. . When one occupies multiple offices in multiple agencies (for example, membership on the city council and serving on the board of another local agency), that job becomes more complicated, both legally and ethically, because of the possibility of conflicting loyalties. L,. a Offices are incompatible if there is any significant clash of duties or loyalties between the offices or if either officer exercises a supervisory, auditory, or removal power over the other. Note there can be specific legislative exceptions to general legal prohibitions against incompatible offices. a The penalty for violating this prohibition is forfeiture of the first of the two offices in question. In other words, the court won't allow you to hold both offices, so as a matter of law, you forfeit the office you held first and continue to hold the one you assumed recently. i of 1 5/24/2011 12:55 PM Ai3 1234 Ethics Training htt p://locale thics.fppc.ca.gov/default.aspx AB 1234 Local Ethics Training Progress 93% Hell).__ Multiple Public Offices (continued) . Frequently, offices are incompatible when one office has power over the other. • For example, the offices of water district director and school board member would be incompatible when the school district is located partially or wholly within the boundaries of the water district if the water district has power over the school district concerning new or expanded access to water. . Similarly, the office of city planning commissioner and state highway commissioner were found to be incompatible because the best decision for the state with respect to highway location could be in conflict with the wishes of the city. I of 1 512412011 1255 PM AB 1234 Ethics Training http://Iocalet hics.fppc.ca.gov/defaidt.aFpx s i i i i i AB 1234 Local Ethics Training Progress: 94% Help. �� Competitive Bidding Processes for Public Contracts (continued) • For public works projects, state law defines when general law cities and counties must use competitive bidding. . For general law cities, public works projects over $5,000 are subject to the state's competitive bidding requirements. • For county projects, the threshold is based on population: $6,500 (counties with populations of 500,000 or over),$50,000(counties with populations of 2 million or over)and$4,000(all other counties). • Note that it is a misdemeanor to split projects to avoid competitive bidding requirements. • In order to give all interested parties an opportunity to do business with the agency and get the best price for the public,the agency has to publicize the opportunity. • This is typically accomplished by publishing a notice inviting bids in a newspaper of general circulation that is printed or published in the jurisdiction, or if there is none, posting the notice in at least three public 1 of 1 5/24/2011 12:57 PM Af3.1234 Ethics Training http://Iocalethics.fppc.ca.gDv/default.aspx AB 1234 Local Ethics Training Progress, 95% 1ie1n Decisions Involving Family Members a As already discussed, the Political Reform Act generally requires public officials to disqualify themselves from participating in decisions that will increase or decrease their immediate family's expenses, income, assets or liabilities. "Immediate family" includes one's spouse, domestic partner, or dependent children. . The notion is that it is very difficult for any person to be fair and unbiased when one's family's interests are concerned; it of course is also difficult for the . 4 ir public to perceive the official to be fair and unbiased about close family members. a Because of this, some jurisdictions have adopted additional restrictions on the hiring or appointing of relatives of public officials.These are known as anti-nepotism policies. . it can be wise to avoid questions about family relationship by voluntarily not participating in decisions that affect family members,even if the law or local agency regulations allow you to participate. i ..£i cNnNmt t9•G4 DI,A