PresentationBrown Act & FPRA &
Code of Conduct Training
May 5, 2021
•Brown Act –Government Code
54950 -54962
•FPRA –Government Code 81000-
81016; California Code of
Regulations Sections 18110 -18997
•Town Council Code of Conduct Policy
Number 2 -04
PRESENTATION TOPICS
•Notice to the public.
•Opportunity for the public
to be heard.
•Transparency in decision -
making.
What are the three major
principles of the Brown
Act?BROWN ACT
•“. . . Councils . . . 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.”
•“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.”
Preamble: Doing the People’s Business
BROWN ACT
•A meeting is a gathering of a
majority of members to hear,
discuss, or act on any item
related to Town business.
•A meeting under the Brown
Act does not have to include
action.
•It can simply be the exchange
of information.
What is a Brown Act meeting?BROWN ACT
A majority of the body may attend the
following so long as they do not discuss
official business by themselves:
•Conferences.
•Community meetings.
•Meetings of other legislative bodies,
such as the County Board of
Supervisors.
•Social or Ceremonial events.
What is NOT considered a
Brown Act meeting?BROWN ACT
•Serial meetings are not allowed.
•Serial meetings occur when a majority of
the commissioners have communicated
about an issue and have developed a
collective concurrence.
•A collective concurrence is developed
when:
Members have either directly or
indirectly heard each others opinion on
a topic enough to collectively develop or
begin to develop an agreement on an
issue.
What is a serial meeting
and are they allowed
under the Brown Act?BROWN ACT
The Brown Act applies to
any form of communication,
whether it is in person, over
the telephone, by email, or
through other online and
social media sources.
Does the Brown Act apply
to emails, social media,
and blogging?BROWN ACT
•California Supreme Court has held
that messages sent or received
from personal email accounts by
public officials and employees
that relate to the public’s business
are considered “records” under
the California Public Records Act.
•Council Members must refrain
from communicating with one
another through email and should
never use their personal email
account to conduct Town
business.
Use of Personal Email
BROWN ACT
Conditions for a regular meeting :
•Written notice posted at least 72 hours
prior to the regular meeting in a site freely
accessible to the public.
•Notice must include the time and place of
the meeting, and a brief description of all
business to be transacted or discussed.
•Cannot consider business that is not
mentioned in the notice.
•Notice is required even if no action is taken
at the meeting.
•Every regular meeting must allow for a
public comment period.
Regular Meetings BROWN ACT
Conditions for a special meeting :
•Written notice posted at least 24 hours
prior in a site freely accessible to the public.
•Notice must include the time and place of
the meeting, and a brief description of all
business to be transacted or discussed.
•Cannot consider business that is not
mentioned in the notice.
•Notice is required even if no action is taken
at the meeting.
•As with regular meetings, every special
meeting must allow for a public comment
period.
Special Meetings BROWN ACT
•“Secret meetings” are closely
scrutinized by the press and
public.
•Only allowed when expressly
permitted by law.
•Agenda description is required.
•No minutes or tape recording
required.
•Public may comment before
session.
•Some actions must be reported out
•Confidentiality required!
Closed Session Overview
BROWN ACT
•Legal Advice on Pending
Litigation.
•Instruct Real Estate
Negotiators.
•Employee Performance
Evaluation & Complaints
(for TM and TA only).
•Labor Negotiations.
Permitted Closed Session BROWN ACT
•Enforced through civil
lawsuits brought by private
citizens.
•Violations can also be
criminally prosecuted, but the
prosecutor must prove a
knowing violation of the
Brown Act with the intent to
deprive the public of
information.
What are the consequences of
violating the Brown Act?BROWN ACT
What does FPRA stand for?FPRA•Fair Political Reform Act.
•The Act's major provisions regulate
political activities in campaign
finance, lobbying registration and
conflicts of interest.
•Every member, officer, employee, or
consultant of a state or local
government agency is a public
official for purposes of the Act.
Purpose of FPRA?FPRATo ensure that public officials
perform their duties in an
impartial manner, free from
bias caused by their own
financial interests.
•All public officials to refrain
from participating in decisions
in which they have a financial
interest.
•Requires designated officials to
file financial disclosure
statements (700 Form).
•Imposes limits on designated
officials on the acceptance of
gifts and honoraria.
•Imposes post -employment
restrictions.
Fair Political Reform Act Requires FPRA
•Prohibitions
•Disclosure
•Disqualification
Fair Political Reform Act
Conflict of Interest Summary
FPRA
•Gifts over $520
-From a Single Source
-In a Calendar Year
•Honoraria
-Payment for Speech or
Attendance
-Prohibited at Any Amount
Two Prohibitions
FPRA
•Meals
•Tickets
•Passes
•Discounts
•Travel
Gifts Include FPRA
•Informational Materials.
•Gifts From Family.
•Inheritance.
•Personalized Plaques.
•Birthday & Holiday Gifts
if Equal Value is
Exchanged.
Gifts Do Not Include FPRA
•Home Hospitality if Host is
Present.
•Wedding Gifts.
•Travel & Lodging in California
in Connection with Speech.
•Admission to & Refreshments
at an Event at Which Council
Member is Speaking.
Gifts Do Not Include FPRA
•Gifts Totaling $50 from
Single Donor.
•Identify Donor and any
Intermediary.
•Intermediaries Must
Disclose Actual Source of
Gifts.
Disclosure FPRA
•Economic/Financial Interest in
a Council Decision Triggers
Disqualification.
•Reasonably Foreseeable That
Decision will have a material
Financial Effect on your
economic interests.
•Financial Interest of Council
Member or Immediate Family.
Economic Interest in a
Council Decision FPRA
•Investment of $2,000 in Business
Entity.
•Investment of $2,000 in Real
Property (1000 foot Rule).
•Source of Income of $500 or
More.
•Involvement in Business Entity:
Director, Officer, Partner, Trustee,
Employee, Manager.
•Donor of Gifts of $440 or More.
Financial Interests FPRA
Unless Absent from Hearing
•Disclose on the Record at
the Meeting.
•In Detail.
•Recuse from Discussion
and Vote.
•Leave the Room.
Disqualification Process
FPRA
•The Town Code of Conduct Policy holds
Council Members to standards of conduct
above and beyond what is required by law.
•The Policy requires Council Members to
approach their work, each other, and the
public in a manner that reflects ethical
behavior, honesty and integrity.
•Town Council Members work is
characterized by open constructive
communication, innovation, and creative
problem solving.
Town Council Code
of Conduct Policy CODE OF CONDUCT
The Policy requires Council Members to:
•Use formal titles.
•Practice civility and decorum in discussions
and debate.
•Be respectful of others and diverse opinions
and allow for the debate of issues.
•Honor the role of the presiding officer in
maintaining order and equity.
•Comment and discussion should commence
upon the conclusion of all public testimony
and reserve decisions until all applicable
information has been presented.
•Refrain from engaging the speaker in
dialogue but may ask speaker questions.
•For purposes of clarification, Council
Members may ask the speaker questions.
Town Council Code of Conduct Policy
CODE OF CONDUCT
When communicating and working with
staff, Council is required to follow these
guidelines:
•Treat staff as professionals with dignity,
civility and decorum.
•Direct questions about policy, budget, or
professional opinion to the Town Manager,
Town Attorney or Department Directors.
•Do not direct policy/ program administrative
functions and implementation.
•Communicate questions, corrections, and/or
clarifications about agenda items to staff
prior to Council meetings.
Town Council Code of Conduct Policy
CODE OF CONDUCT
When communicating and working with staff,
Council is required to follow these guidelines:
•Do not direct the Town Manager to initiate
any action, change a course of action, or
prepare any report without the approval of
Council.
•Do not attend Department staff meetings
unless requested by the Town Manager.
•All Council Members should have the same
information with which to make decisions.
Information requested by one Council
Member will be shared with all members of
the Council.
•Concerns related to a Town employee should
be directed to the Town Manager. Council
Members should not reprimand employees.
Town Council Code of Conduct Policy
( Cont.)CODE OF CONDUCT
•Part of the "executive" powers
delegated to the Town Attorney.
•Town Council's role is ordinance
adoption or modification and
budgetary in nature.
•Town Council cannot give direction as
to what action should be taken in
specific cases
•This division of power is because
executive/administrative officers are
immune from any liability for
enforcing the code.
Code Compliance CODE COMPLIANCE
QUESTIONS?