BOARD MEETING DATE: July 11, 2008
AGENDA NO. 44
PROPOSAL:
Advisory for New Brown Act Requirements
SYNOPSIS:
This item is to advise the Board on recent changes to the Brown Act resulting from SB 343 (Negrete McLeod)
COMMITTEE:
Not Applicable
RECOMMENDED ACTIONS:
Receive and file.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
This item advises the Board on the requirement of SB 343 (Negrete McLeod), which created new Brown Act requirements effective July 1, 2008.
This bill addresses the Legislature’s concern that documents were being provided to public officials shortly before public meetings but were not being provided to the public until a meeting had started. Accordingly, the public did not have an opportunity to review the documents beforehand and lacked the opportunity to meaningfully participate in public meetings.
Proposal
To remedy this concern, the Legislature amended the Brown Act to address documents that are received by Board Members after the posting of an agenda for a regular Board or Committee meeting but before the start of the meeting. The Brown Act requires that agendas for regular meetings must be posted 72 hours before the meeting. Under the Brown Act amendments, documents received during this time period must be made available to the public. Specifically, if a majority or more of the Board or a Board Committee receives a document after the posting of the agenda but before the start of the meeting, then the document must be placed at a pre-determined location where the documents can be accessed by the public. This pre-determined location must be indicated on the agenda.
Legal staff has consulted with County Counsel from counties in the district and with the Attorney General’s Office. Based on these consultations, we advise the following:
Documents provided to Board Members by AQMD staff after the posting of the agenda—no action is necessary. Staff will be responsible for making documents available to the public.
Documents provided to Board Members by third parties—e.g., representatives of business or environmental groups—after the posting of the agenda—Board Members must arrange to provide these documents to Saundra McDaniel, the Clerk of the Board, who will make the documents available to the public.
Resource Impacts
None.