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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?