Government Code Sections 11120 – 11132

Purpose

Sunshine provision

The Legislature envisioned that an additional seat on the board is reserved for the public

Affords the public an ability to monitor and participate in the decision-making process

Who is covered?State Multimember boards and commissions

1) SCDDa) committeesb) subcommittees

2) AB 3) Any multi-member group (2 or more

members) if the group has delegated authority.4) Any group of 3 or more members if they are advisory only.

In summary:1) All Area Board meetings must comply with B-

K.2) All committee meetings must comply with B-

K; UNLESS -the committee is ADVISORY and it is

made up of 2 people.Other members of the board should not attend any meeting that has not been noticed under Bagley-Keene, even as observers.

3) Regional Centers are NOT covered by B-KWIC 4660

Notice10 day notice:

a) sent to membersb) posted on the internetc) sent to all persons requesting it

Notice must include:a) date, time and address of the meetingb) provide name and contact info for the

contact person

Notice (cont.)An agenda with a brief description of

each item (20 words or less)The notice must be available in alternative

formats, if requesteda) the notice must include the manner and deadline for such request

Items not on the agenda cannot be discusseda) Items cannot be added onto the

agenda within the 10-day limitation

“Regular” MeetingsBagley-Keene applies to: “Regular” meetings

a) Whenever a quorum of the body convenes:* to vote or,* receive information (operation vs.

program)- this includes pre-meeting

briefings if a quorum is present

Serial Meetings

Serial meetings

a) Series of communications which “taken as a whole” involve the majority of members

* conversations that clarify members’ understanding of an issue; or,

* facilitate agreement/compromise or, advance the ultimate

resolution of an issue (voting)

Serial Meetings (cont.)b) linear communications

1 → 2 → 3 → 4

c) Hub communications

3 4

2

1

Serial Meetings (cont.)

Final Note:

Conversations between members regarding business should only occur during the public meeting and should allow opportunity for discussion in public.

Avoid “shop talk” or emails and text messages, outside of or during meetings

Meetings by TeleconferenceAre permitted so long as:

* each site from where a member is calling is fully accessible to the

public * each location’s address is noted on

the notice of the meeting

* votes are taken by roll call

VotingAn agency may not vote by secret ballot in a public meeting on any matter where discussion, deliberations, or action taken is required to be in an open meeting. (68 Ops.Cal.Atty.Gen. 65, 69)

Cannot elect officers by secret ballot

Cannot conduct voting by proxy

Closed SessionsMust be listed as “closed session”The issues to be discussed must be publicly

announcedConfidential minutes must be keptMay be held for specific reasons:

a) personnel b) pending litigation

Remedies Overturn decision or action Start the process over Lawsuit

a) must be filed within 90 days of alleged breach

Misdemeanor a) if there was an intent to

deceive the public