CalAware's Citizen Watchdog Guide

A BELL-PROOFERrsquoS INVESTIGATIVE CHECKLIST

Sunshine laws like the Brown Act and the California Public Records Act (CPRA) are in themselves no guarantee of preventing the kind of bureaucratic organized crime that former elected and appointed leaders of the City of Bell were prosecuted for

Those crimes were said to have involved such practices as misappropriation of public funds by city council members paying themselves for momentary meetings of do-nothing boards created just to justify that pay and on the part of the city manager and his assistant falsifying certain contract documents and hiding others to conceal extraordinarily high rates of pay for themselves and the police chief

If officials are prepared to resort to outright lies conspiracy and fraud to advance schemes they know the public would never accept the open government laws may not stop them But these and other transparency laws will make corruption much harder to commit and sustain if reporters and citizen watchdogs understand and use them confidently and consistently This is what was not happening in Bellmdashuntil the Los Angeles Times stumbled on to some rumors and odd gaps in information and began using the CPRA aggressively to uncover layer upon layer of astonishing self-dealing

Even if your community is reassuringly free of downright criminal leadership which is almost certainly the case using this checklist will unfailingly supply sometimes neglected or overlooked information that can be real news for journalists fodder for public discussion by bloggers and other watchdogs and an agenda for action by alert citizens generally

For help with this checklist report any resistance or denials you encounter to infocalawareorg

1

(c) 2013 Californians Aware Ask questions or discuss the issues with us at httpcalawareorgforum-2

The CalAware

CONTENTS

Meetings of Local Government Bodies and the Brown Act 7

The Basics Frequently Asked Questions 7

What is the Ralph M Brown Act 7

Which local government ldquolegislative bodiesrdquo does the Brown Act apply to 7

When is there a ldquomeetingrdquo covered by the Act 8

Does the Act allow out-of-town meetings 8

Can the meeting place be relocated for emergencies 9

How must Brown Act bodies publicize their meetings 9

What notice of meetings is required for meetings held on a regular schedule 9

What if action is taken or discussion is undertaken on off-agenda items 9

What are the rules for public notice of special meetings 10

What are the rules for public notice of emergency meetings 10

When can the one-hour notice to the press of an emergency meeting be disregarded 10

When must copies of meeting-related documents be available 10

Must the body allow public comment at regular meetings 11

When may public comment be denied 11

Must the body allow public comment at special meetings 11

May the body limit the time allowed for public comment 11

Must the body permit public comment on any matter 11

May the body forbid comment on certain matters by the public 12

What topics may the body address in closed session 12

What ldquopersonnelrdquo matters does the Act permit the body to discuss in closed session 12

When must an agency employee be alerted concerning a closed session about him or her 13

Besides personnel discussions what are the other most frequent bases for closed sessions 13

2


Are there limits on the pending litigation closed session 14

Are there limits on a property negotiation closed session 14

Are there limits on an employee bargaining closed session 14

Must any disclosures be made about closed sessions beforehand or afterward 14

When the Brown Act is violated what kind of court enforcement is available 15

Can the plaintiff who wins a Brown Act case recover the attorneyrsquos fees expended 16

Is a knowing and deliberate violation of the Brown Act a crime 16

Beyond the Basics What to Watch and Ask for 16

1 ldquoAd Hocrdquo Committees 16

2 Meetings off the Regular Schedule 17

a Special Meetings 17

b Emergency Meetings 18

3 Background Records Distributed to the Body 18

4 Serial Briefings 18

5 Closed Sessions 19

a Litigation 20

b ldquoPersonnelrdquo 22

c Employee Bargaining and Raises 24

d Real Property 26

Government Information and the Public Records Act 28


What is the California Public Records Act 28

Does the CPRA apply to federal records 28

Does the CPRA apply to all important records in state and local government 28

Must I have a ldquoneed to knowrdquo in order to have access to records under the CPRA 28

Must I make my CPRA access request in writing 29

3


Must I identify myself in making an access request 29

Must I reveal my purpose in making an access request 29

How well must I describe what Irsquom looking for 29

Can I require the agency to compile a list or write a report 30

Must the agency help me make an effective request 30

What can I be charged a fee for Inspection Copying 30

How soon must my request get a response 31

Does an exemption from disclosure mean that the agency canrsquot provide me with access 32

May the agency provide public access to certain favored persons but not me 32

If part of a record is exempt may all of it be withheld 33

Are draft documents exempt from disclosure as such 33

Are litigation-related records exempt permanently 33

What kind of information can be withheld to protect personal privacy 34

Are the exact earnings of named government workers public or private 34

Are complaints about and discipline of public employees confidential 34

Which law enforcement information is exempt from disclosure 35

Must I sign something or provide credentials to get access to law enforcement information 36

Are the CPRA exemptions the only legal bases for withholding information 37

Can a record be withheld if it is not made expressly confidential by some statute 37

What is the deliberative process privilege 37


1 Money Issues 39

a Employment Contracts 39

b Loans 39

c Credit Cards and Expense Reimbursements 39

d Merchandise and Service Contracts Leases 40

4


e Check or Warrant Registers 40

2 Integrity Issues 40

a Economic Interests 40

b Political Contributors 41

c Ethics Training 41

3 Performance Issues 41

a Litigation Claims and Settlements 41

b Audits and Grand Jury Reports 42

c State Auditor 42

d State Controller 42

e Grand Juries 43

Records Preservation and Destruction 43

City Records 43

County Records 43

Community College District Records 43

School District Records 43

Meetings and Records of Local Court Administration 44

Introduction 44

Meetings 44

Records 44

What kinds of administrative records are available under the Rule 44

What are the applicable exemptions from disclosure under Rule 10500 45

How do I make a request for court administrative records 45

Will I be charged a fee for copies 45

Finances Performance and Integrity 45

5


Sample Brown Act Demand to Cease and Desist a Violation 47

Sample Brown Act Demand to CureCorrect a Violation 48

Sample Public Records Act Request 50

6


Meetings of Local Government Bodies and the Brown Act

(Check full up-to-date text of the law at httpwwwleginfocagovcgi-binwaisgateWAISdocID=79357810285+0+0+0ampWAISaction=retrieve)

The Basics Frequently Asked Questions

What is the Ralph M Brown Act

The Brown Act is the California statute that requires multi-member ldquolegislative bodiesrdquo of local government agencies to hold their meetings open to the public and upon adequate prior notice and to allow citizens access to related public records and to address the bodies at the meetings

Which local government ldquolegislative bodiesrdquo does the Brown Act apply to

That term encompasses the agencyrsquos governing body (for example the board of supervisors of a county) any body created by state law (for example its planning commission) any city body created by charter and any standing committee of any of these bodies It also applies to any multi-member body created by ordinance resolution or other formal action of an existing legislative body to serve as a special advisory or study group if the group contains one or more members who are not on the creating body (for example a ldquoblue ribbonrdquo or outreach task force comprising at least some staff members and other citizens) Government Code sect54952 subdivisions (a) and (b) In the latter case if the advisory body has been created as the result of a legislative bodyrsquos policy it makes no difference that the members are selected or appointed by staffmdashthe body is subject to the Act Frazer v Dixon Unified School District 18 CalApp4th 781 (1993) In some cases the Act may also apply to a board of a private corporation namely if either bull the legislative body played a significant role in creating the corporation to perform a function spun off from the local agency (Section 54952 subdivision (c) (1) (A)) or bull the legislative body provides funding to the corporation and appoints one of its own members to the corporate board as a voting member (Section 54952 subdivision (c) (1) (B)) Also a court has concluded that a joint powers agency created by agreement among most cities in Los Angeles County to investigate and curtail illegal drug activities and other crime was an instance of an ldquoother local public agencyrdquo subject to the Brown Act under Government Code sect54951 McKee v Los Angeles IMPACT 134 CalApp4th 354 (2005)

7


When is there a ldquomeetingrdquo covered by the Act

The term usually refers to a literal ldquocongregation of a majority of the members at the same time and place to hear discuss or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertainsrdquo Government Code sect549522 subdivision (a) But the Act also prohibits equivalent ldquomeetings of mindsrdquo arranged indirectly namely ldquoany use of direct communication personal intermediaries or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken rdquo Section 549522 subdivision (b) But such ldquoserial meetingrdquo violations do not arise casually since the Act exempts isolated ldquoindividual contacts or conversations between a member of a legislative body and any other personrdquo Section 549522 subdivision (c) paragraph (1) And because the ldquomeetingrdquo definition is so broad several occasions are specified when a majority may be present together and at least listen to matters relevant to their agency without triggering the Actrsquos requirements namely bull professional conferences local community forums meetings of other local agency bodies providing that the event is open to the public and the attending members do not take the occasion to discuss among themselves specific matters that they have authority to act on Section 549522 subdivision (c) paragraphs (2)-(4) bull ldquoa purely social or ceremonial occasionrdquo with the same caveat against specific public business discussions Section 549522 subdivision (c) paragraph (5) and bull ldquoan open and noticed meeting of a standing committee of (their) body provided that the (visiting) members who are not members of the standing committee attend only as observersrdquo Section 549522 subdivision (c) paragraph (6)

Does the Act allow out-of-town meetings

Yes but only for a limited list of purposes ldquoRetreatsrdquo out of the area are not on the list which permits a majority or more to get together outside the agencyrsquos boundaries only to bull comply with a court-ordered or otherwise legally mandated meeting or watch a court or administrative proceeding where the agency is a party bull inspect property the body is discussing at a special meeting bull attend meetings of ldquomulti-agency significancerdquo hosted by and within the boundaries of one of the participating local agencies bull meet in some public gathering facility if there is none within the home agencyrsquos boundaries bull meet with federal or California state officials on matters of common interest and jurisdiction if a local visit by the officials would be impractical bull discuss on-site or nearby a remote facility owned by the local agency bull confer in a closed litigation session with outside legal counsel at his or her office if doing so would save the agency money or

8


bull in the case of a school board only attend a conference on ldquononadversarial collective bargaining techniquesrdquo interview a potential employee from another district or interview residents of another district about the prospects of hiring its superintendent Government Code sect54954 subdivision (b) paragraphs (1)-(5)

Can the meeting place be relocated for emergencies

Yes Within the local agencyrsquos boundaries if an emergency leaves the bodyrsquos normal meeting place unsafe to occupy the site can be moved for the duration of the emergency for special meetings with appropriate notice to the local media Government Code sect54954 subdivision (c) How must Brown Act bodies publicize their meetings

The requirements vary depending on how routine or unusual the meeting is

What notice of meetings is required for meetings held on a regular schedule

For regular meetings notice specifying the time place and agenda of the meeting must be posted in a place ldquofreely accessiblerdquo to the public 72 hours in advance The Attorney General has concluded that Government Code sect54952 (a) permits a city to fulfill this requirement by means of an electronic kiosk located in front of the city hall and accessible without charge to the public 24 hours a day seven days a week Opinion No 03-1107 (22404) The agenda must include ldquoa brief general description of each item to be transacted or discussed rdquo which ldquogenerally need not exceed 20 wordsrdquo per item Nothing not on the agenda may be acted on unless bull an emergency meeting would be justified in any event or bull the matter is continued from the agenda of a meeting less than six days previously or bull the body makes a preliminary vote finding that ldquothere is a need to take immediate action and that the need for action came to the attention of the local agencyrdquo after the agenda notice was posted That finding must be voted by two thirds of the members present or in the case of larger bodies where fewer than two thirds of the members are present by all present

What if action is taken or discussion is undertaken on off-agenda items

Action taken on off-agenda items where none of the above conditions apply is voidable by a court assuming someone sues to have it set aside As for discussion or comments on off-agenda items they are limited to brief informational responses by members to statements or questions from the public questions for clarification a brief announcement or report of a memberrsquos personal activities or direction to staff to follow up on a citizenrsquos issue or place it on the agenda of a future meeting Meeting notices must be provided in formats accessible to the disabled if so requested Government Code sect549542

9


What are the rules for public notice of special meetings

Special meetings (those not on the regular schedule) may be called at any time by the presiding officer or by a majority of the members by delivering written notice to each member and to each local newspaper of general circulation and radio or television station requesting notice in writing The notice shall be delivered personally or by any other means and received at least 24 hours before the time of the meeting The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed No other business shall be considered at these meetings by the legislative body The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary a written waiver of notice The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes

Government Code sect54956 (emphasis added)

What are the rules for public notice of emergency meetings

ldquoEmergencyrdquo meetings require no general public notice They can be called by telephone notice to the members and convene an hour after local newspapers and broadcasters that have requested such notice and provided phone numbers to be used have been alerted But they may address only ldquomatters upon which prompt action is necessary due to the disruption or threatened disruption of public facilitiesrdquo caused by a ldquoa work stoppage crippling activity or other activity that severely impairs public health safety or bothrdquo The only closed session permitted is one addressing personnel or public access to facilities as provided in Government Code sect54957 and then only if agreed to by two thirds of those present or if less than two thirds of the body is present unanimously Minutes must be posted for 10 days in a public place as soon as possible Government Code sect549565

When can the one-hour notice to the press of an emergency meeting be disregarded

If the topic is a ldquodirerdquo emergency defined as being caused by criminal or terrorist activity the meeting may convene as soon as any requesting local media have been alerted it need not await their arrival

When must copies of meeting-related documents be available

Documents in an agenda packet become accessible to the public at the point they are distributed to at least a majority of the local agencyrsquos legislative body This rule is not confined to the agenda packet however It applies to any documents distributed to a majority or more of the body if the information is connected with ldquoa matter subject to discussion or consideration at a public meetingrdquo All such documents become at the point of such distribution ldquoavailable upon request without delayrdquo unless expressly exempt

10


from disclosure under the law If distributed to the body only at the meeting they must be made immediately available if prepared by agency staff or a member of the body if by someone else then after the meeting Meeting-related documents must be in formats accessible to the disabled if so requested None of these rules may be used to postpone access to a record that would otherwise be available sooner under the California Public Records Act (CPRA) for example on the grounds that the record ldquohas not yet gone to the boardrdquo Fees permitted by the CPRA may be charged for copies of records but not surcharges for special formats that would be prohibited by the federal Americans with Disabilities Act Government Code sect549575

Must the body allow public comment at regular meetings

Yes Government Code sect549543 requires regular meeting agendas toprovide an opportunity for members of the public to directly address the legislative body on any item of interest to the public before or during the legislative bodys consideration of the item that is within the subject matter jurisdiction of the legislative body provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized hellip

When may public comment be denied

A body may deny public comment on any agenda item previously considered at a public meeting of a committee of the body if all interested members of the public were then given the opportunity to address the committee on that item If the body decides that the item has been ldquosubstantially changedrdquo since the committee hearing the public can regain the right to comment Section 549543 subdivision (a)

Must the body allow public comment at special meetings

Yes but only ldquoconcerning an item described in the notice for the meeting before or during consideration of that itemrdquo Section sect549543 subdivision (a)

May the body limit the time allowed for public comment

Yes Section sect549543 subdivision (b) allows the body to adopt ldquoreasonablerdquo regulations governing citizens addressing the body including but not limited to ldquoregulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speakerrdquo

Must the body permit public comment on any matter

No ldquoSubject matter jurisdictionrdquo is simply the scope of issues that the body has authority to deal with for example a city council need not take comments on matters exclusively within the powers of a county or other public agency or that strictly concern the private lives of members of the council or employees and have no bearing on their official duties

11


or responsibilities But this should not preclude the right of citizens for example to urge the city council to communicate with the county and request its action on a matter of general interest

May the body forbid comment on certain matters by the public

Not based on the topic so long as it pertains to the bodyrsquos subject matter jurisdiction (see above) The Act states in Section sect549543 subdivision (c) ldquoThe legislative body of a local agency shall not prohibit public criticism of the policies procedures programs or services of the agency or of the acts or omissions of the legislative bodyrdquo In addition because the speech provision in subdivision (a) amounts to the Legislaturersquos creation of a limited public forummdasha time and place designated for public speechmdashunder the First Amendment the body may not prevent a citizen from making a statement that may be unfair untrue andor even defamatory so long as it concerns the agencyrsquos business Baca v Moreno Valley Unified School District 36 F Supp 719 (1996) But the body may curtail speech that is unduly repetitive or wanders off the appropriate topic White v City of Norwalk 900 F2d 1421 (1989) Above all application of time limits and other ground rules must be strictly neutral not favoring speech the body welcomes andor burdening speech it dislikes Rubin v City of Santa Monica 823 F Supp 709 713 (1993)

What topics may the body address in closed session

The body may meet in closed session only for a handful of expressly described purposes The most common are to discuss ldquopersonnelrdquo issues and to consult with its bargaining agent on property or employee compensation negotiations or with its attorney on pending litigation

What ldquopersonnelrdquo matters does the Act permit the body to discuss in closed session

The body may use a closed session for essentially any discussion of the qualifications strengths weaknesses merits or demerits conduct or misconduct of one or more public employees subject to hiring or firing by the body Government Code sect54957 states in pertinent part

(b) (1) Subject to paragraph (2) nothing contained in (the Brown Act) shall be construed to prevent the legislative body of a local agency from holding closed sessions to consider the appointment employment evaluation of performance discipline or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session If notice is not given any disciplinary or other action taken by the legislative body against the employee based on

12


the specific complaints or charges in the closed session shall be null and void (4) For the purposes of this subdivision the term lsquoemployeersquo shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official member of a legislative body or other independent contractors Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline

(emphasis added) The body may discuss compensation matters only in a differently structured and listed closed session

When must an agency employee be alerted concerning a closed session about him or her

The right to a notice in paragraph (2) above does not apply to a routine evaluation of performance nor for example to a school or community college district boardrsquos discussion of the performance of a probationary employee as part of the decision whether or not to retain him or her on the permanent staff Furtado v Sierra Community College 68 CalApp4th 876 (1998) This holds true especially where any ldquospecific complaints or chargesrdquo had been dealt with on lower administrative appeal and were not part of the boardrsquos deliberation Fischer v Los Angeles Unified School District 70 CalApp4th 87 (1999) Similarly the court in Bollinger v San Diego Civil Service Commission 71 CalApp4th 568 (1999) concluded that since the Act refers to the employees right to have complaints or charges heard in open session if the body is not conducting an evidentiary hearing but simply deliberating whether to ratify the recommendations of a prior administrative hearing the right to notice does not apply As for when there is enough of a ldquospecific complaint or chargerdquo to be discussed in closed session to warrant a notice to the employee the court in Bell v Vista Unified School District 82 CalApp4th 672 (2000) held that a high school football coach had been denied his rights when his school board employer held a closed session without giving him the 24-hour written notice to consider disciplining him The California Interscholastic Federation (CIF) had imposed a one-year suspension on Bellrsquos schoolrsquos athletic program as the result of Bellrsquos involvement in the transfer of a foreign student in violation of federation rules CIFrsquos notice to the district the court held qualified as a ldquospecific complaint or chargerdquo

Besides personnel discussions what are the other most frequent bases for closed sessions

Closed sessions are legal for conferrals to guide litigation or bargaining That is when the body needs to consult with its attorney on pending litigation or with its negotiator concerning a proposed deal to acquire or dispose of a real property interest or concerning employee union bargaining these consultations may take place in closed session The

13


purpose is to avoid disclosing the agencyrsquos litigation or negotiation strategy to the adversary

Are there limits on the pending litigation closed session

A court has held that the power to hold a closed session on pending litigation is confined to a legislative body only if the body or the agency it governs is an actual party to the litigation to be discussed Shapiro v Board of Directors of the Centre City Development Corporation 134 CalApp4th 170 (2005) The pending litigation session may involve an actual case in court or before an administrative law tribunal or a case the agency may want to bring in such a forum or the threat of litigation made by some other person or entity In the latter instance the closed session must be justified in light of ldquoexisting facts and circumstancesrdquo threatening litigation which generally must be disclosed on request prior to the session or afterwards who is making the threat and what they say Within a litigation session the body may actually vote to sue defend a suit settle or appeal But it may not meet directly with the adversary to discuss settlement Government Code sect549569 And it may not take action in the closed session to settle a lawsuit by approving a permit or other application that other law requires to be reviewed in an open and public session Trancas Property Owners Association v City of Malibu 138 CalApp4th 172 (2006)

Are there limits on a property negotiation closed session

Yes The real property negotiation session must concern a disclosed specifically identified piece of property under negotiation with a specifically identified party The scope of discussion is confined to the ldquopricerdquo andor ldquoterms of paymentrdquo for the transaction Government Code sect549568 If there are no such specific negotiations under discussion the closed session may not be lawful At a minimum all other topics for discussion must be disclosed on the agenda Shapiro v San Diego City Council 96 CalApp4th 904 (2002)

Are there limits on an employee bargaining closed session

Yes The employee bargaining closed session concerning pay benefits and other negotiable items may include discussion of budgetary priorities as part of the variables The session is to allow the body to confer with its own bargaining agent who separately meets with representatives of employee unions or with top-level executives as ldquounrepresented employeesrdquo negotiating for better pay or benefits In the latter category any final action on increased compensation must be confined to open session Government Code sect549576

Must any disclosures be made about closed sessions beforehand or afterward

Both Every item to be addressed at a meeting must be given a ldquobrief general descriptionrdquo

14


on the posted agenda This includes closed sessions The agency has a choice of using its own approach and language to disclose closed session topicsmdashan option that may leave it open to being sued for having given inadequate noticemdashor adopting the standard agenda listing templates provided in Government Code sect549545 which will insulate it from being sued on such grounds That section provides elements of such a ldquosafe harborrdquo agenda listing for most but not quite all closed sessions authorized by the Act If there is doubt about the conformity with the safe harbor rules which are lengthy they should be consulted in the statute The Act also requires that most if not all actions taken by the body in closed session be disclosed afterwards either immediately at the same meeting in most cases or upon request later if there remains some formality to complete the action such as acceptance by the other party in employee union or litigation settlement negotiations In either case the body must reveal the action taken the votes or abstentions of the members present and if the action amounted to approving a document such as a contract lease or settlement agreement That document is available on request after the closed session or when the bodyrsquos action is accepted by the adverse party Government Code sect549571

When the Brown Act is violated what kind of court enforcement is available

The remedies vary depending on the kind of violation or its consequences If the object is to force the body to comply with the law in the future when it has failed to do so but insists that its conduct is lawful the Act allows any person or the district attorney to file a lawsuit in the superior court seeking a declaratory judgment that the law has been or is being violated This cause of action is usually coupled with an injunction ordering compliance in the future If the challenged activity has happened only once the challenger can lay the groundwork for a court determination by sending a ldquocease and desistrdquo letter to the body demanding that it formally commit not to repeat the conduct in question Unless the body does so within 30 days the challenger may take the matter to court for a declaratory judgment (that the Brown Act applies to and was violated by the challenged behavior) and an injunction barring further violations If the court finds that the body used a closed session for an unlawful discussion or action it may order it to tape record its closed sessions (and preserve the recordings) for a certain period thereafter to encourage compliance and provide evidence of repeated violations The tapes are not public records but may be reviewed by a court in any similar subsequent lawsuit Government Code sect54960 If the goal instead is to overturn a particular action taken in violation of the Brown Act any person or the district attorney may file a suit asking the superior court to find that the body violated the Act in taking an action that should be therefore declared null and void This remedy is confined to actions taken with unlawful secrecy (outside a public meeting) or unlawful surprise (at a public meeting but not given adequate notice on the agenda) Lawsuits seeking invalidation of secret actions must be preceded by a

15


written notice to the body delivered no later than 90 days from the date of the alleged action demanding a suitable ldquocure and correctionrdquo To invalidate surprise actions the notice period for demanding cure and correction is only 30 days In any event no one has standing to sue who actually knew about the item at least 72 hours before the meeting at which action was taken Once the body makes an unsatisfactory response to the demand or when 30 days passes without response the plaintiff has just 15 days to file the nullification action in court The court may decline to nullify an action if bull the body has satisfactorily cured the violation bull the action dealt with the sale or issuance of notes bond or other instruments of debt or with the collection of a tax bull the action resulted in a contract with a third party who had no knowledge of a Brown Act violation and would be harmed by having the contract nullified (this does not apply to a salary or fee for professional services which contract may be nullified) Government Code sect549601 See sample cure and correct demand letter on page 48

Can the plaintiff who wins a Brown Act case recover the attorneyrsquos fees expended

Yes If the plaintiff wins in any of these civil actions he she or it may be entitled to an award of attorneyrsquos fees and costs from the defendant agency This is especially likely if the lawsuit clearly benefited the public rather than just the plaintiffrsquos private interests and was necessary to force compliance with the law If the plaintiff loses and the court finds that the lawsuit was ldquoclearly frivolous and totally lacking in meritrdquo the defendant agency may ask the court to order the plaintiff to pay its costs and fees Government Code sect549605

Is a knowing and deliberate violation of the Brown Act a crime

Yes Government Code sect54959 provides ldquoEach member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter is guilty of a misdemeanorrdquo

Beyond the Basics What to Watch and Ask for

1 ldquoAd Hocrdquo Committees

The Brown Act does not contain the term ad hoc although it is not uncommon for local bodies to create what they designate as ldquoad hoc committeesrdquo Correctly used the term refers to short-term limited-purpose factfinding or problem-solving bodies often with a fixed term or a set date for reporting back to the creating body before being dissolved The Brown Actrsquos public notice open meeting and other rules apply to ad hoc committees (or ldquotask forcesrdquo ldquoblue ribbon panelsrdquo etc) that include at least one person not on the

16


creating bodymdasha staff or community member for example But an ad hoc committee comprising only members of the creating bodymdashtwo out of five city council members for examplemdashis not subject to the Brown Act To exploit this exclusion and avoid open meetings some government bodies will mislabel as ldquoad hocrdquo what are really standing committeesmdashpermanent sub-units of a governing body that provide a forum for the initial consideration and sifting of proposals in particular policy areasmdashfor example a school boardrsquos committees on curriculum pupil transportation or buildings and grounds Suggestion If a local body appoints what it calls an ldquoad hocrdquo committee comprising only its own members but gives it no particular task or windup date but instead a broad area of policy initiative or oversight suggest that the body is really a standing committee and must comply with the Brown Act And if the body is truly ad hoc in terms of a short-term specific assignment remind the agency that it must still comply with the Brown Act if it has any members that are not from the creating body

2 Meetings off the Regular Schedule

Some of the most interesting discussions and actions are handled in meetings held at a time place or both different from the bodyrsquos regular meetings

a Special MeetingsSpecial meetings can be held for any reasonmdashtherersquos no urgency requirementmdashbut often involve matters that are too complex controversial or both to be handled at a regular business meeting Itrsquos tempting for officials to consign controversial matters to special meetings even if theyrsquore not particularly complex because then the regular meetingrsquos 72-hour advance agenda notice posting is collapsed to 24 hours Local newspapers and broadcasters are required to be sent that notice in writing however and any action taken without that media notice can be reversed by a court but only if the news organization has submitted a specific written request for notice of special meetings to that agency Suggestion This need not be done more than once but to prove it was sent use request receipt postal mail Be sure to designate the business address (for a messenger service) e-mail address andor fax number to be used in sending the special meeting notice If the agency has more than one legislative body governed by the Brown Act you can name each in the request and add ldquoand any other body required to comply with the Ralph M Brown Actrdquo Watchdogs with other news organizations (online only magazines etc) or public interest groups can ask to be provided a courtesy copy of the notice sent to newspapers and broadcasters the request can be made to the agency administration to a friendly member of the body or bodies of main interest (who get their own alerts at least 24 hours in advance) or even to a newspaper or broadcaster thatrsquos filed to get such notices sent to them

17


b Emergency MeetingsThese are reserved to address imminent or existing threats to public health or safety only and that makes them newsworthy by anyonersquos definition An emergency meeting addressing either natural disasters or crises caused by accidents or key public employee walkoutsmdashnon-criminal eventsmdashcan be called by telephone alert to the bodyrsquos members and requesting local newspapers and broadcasters and can start one hour after the news groups have been alerted If the crisis stems from a criminal or terrorist act or threat the meeting can commence without the one-hour delay for journalist arrival but in either case the only news groups eligible for notice are those that have requested it in writing and supplied one or more phone numbers to be dialed for the alert eg one for business hours another for nights and weekends Suggestion This request can be made in the same letter requesting notice of special meetings Those not with local newspapers or broadcasters are free to cultivate sources for a courtesy alert The only closed session permitted at emergency meetings is one used to hear reports from law enforcement officials on threats to public access to public facilities eg bomb threats and plans to deal with them

3 Background Records Distributed to the Body

In general the CPRA gives public agencies up to 10 days to make a determination and inform the requester as to whether the documents sought are considered public and will be provided in whole or in part for inspection or copying Many if not most public agencies exploit this period to delay response even in the case of records that are public beyond dispute But the Brown Act requires a local agency to provide access without delay to any document that has been distributed to most or all members of a public agency body ldquoin connection with a matter subject to discussion or consideration at a public meeting of the bodyrdquo whether or not that matter is included on the agenda of the next meeting Anyone journalist or otherwise is entitled to immediate access to such documentsmdashbut the problem is how to know theyrsquove been distributed Suggestion One approach would be to make an e-mail request every few days for copies of such recordsmdashprovided by e-mail as they would probably have been provided to members of the body Or it may turn out that such information is batched in once-a week reports from agency staff School superintendents for example often send district trustees ldquoFriday lettersrdquo with information they do not intend to report at meetings but which is not legally confidential or exempt from disclosure such as the details about legal claims for damages against the district Draft copies of environmental impact reports or other consultantsrsquo work may also be distributed to the body far in advance

4 Serial Briefings

Local agency staff can use private serial briefings to educate and even lobby members of a body on public meeting issues so thoroughly that a good deal of the explanatory

18


dialogue one might expect to hear at the public meeting may have already taken place behind closed doors and will not be aired in front of the community The Brown Act was amended a few years back to allow agency staffmdasha CEO or even a department headmdashsystematically to brief members of the governing or other body about issues likely to come up on a future agenda so long as the staff member does not act as a go-between to educate the members on one anotherrsquos positions or questions on the issue Suggestion These are not meetings open to the public but any related records would be public unless they had been prepared for discussion in a pending closed session or unless exempt from disclosure under the CPRA For example calendar or schedule information showing when such meetingsmdashcall them ldquothose authorized under Government Code Section 549522 (b) (2)rdquomdashwould be held and who would be present memos or other informative documents prepared for discussion at such meetings and minutes or other summaries prepared by staff concerning issues discussed at the meetings

5 Closed Sessions

The most frequently occurring closed sessions signal information of high public interest unplanned turns of events that have resulted in likely or actual lawsuits by or against the agency the hiring promotion compensation discipline or dismissal of staff reporting to the governing body prospects for buying selling or leasing land or buildings and dealings with employee unions that could result in higher pay or benefits including pension support These closed session discussions can be kept confidential but often whatrsquos going on can be ferreted out by asking the right questions and seeking the right records at the right time Closed session topics are required to be listed on the meeting agenda with a certain degree of specificity but are frequently stated in opaque code and are otherwise somewhat vague even to veteran observers Most final actions taken in closed session are likewise required to be disclosed afterwardmdashalthough not necessarily immediately Suggestion If you want the earliest possible look at what has been agreed to in closed session prepare a form letter requesting ldquoto be given a copy of any agreementmdasha litigation settlement a contract a memorandum of understanding or a real property lease purchase or other transactionmdashapproved by the body in closed at the meeting pursuant to my rights under Government Code Section 549571 (b) if the agreement has been given final acceptance by the body and does not require further action by the other party to the agreementrdquo Sign date and submit a copy of the letter to the clerk of the body before every meeting as soon as the agenda has been posted and shows that there will be a closed session on pending litigation employee unit bargaining or real property negotiations If there is such an agreement approved in a closed session at that meeting the body will then be on notice to have an extra copy to give you when the approval is announced afterwards which it must be if the bodyrsquos agreement has brought

19


closure to the negotiations If the agreement will be final only upon acceptance by the other party the body need not announce its approval or provide a copy of the text until that time

a LitigationThere are three varieties of litigation-related closed session each differently signaled in the boilerplate most bodies use for its agenda listings

(1)

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Subdivision (a) of Section 549569)This heading refers to a case already filed in court in which the actual title caption must be noted eg City v Smith or Jones v District with a case number So identified the complaint petition or other initial papers can be found in the court file or are open to public inspection or copying at the office of the agency In rare instances the agenda may instead say ldquoCase name unspecifiedrdquo That means either of only two things One is that the agency has filed an action against some defendant but has not yet served the papers and for some reason believes the adversary will duck service if alerted by the agenda notice (in which case the mystery shouldnrsquot last long) The other is that the agencyrsquos lawyer is talking settlement with the opposing counsel but does not want to telegraph that he or she has to go back to the agencyrsquos governing body and get authority to agree to a certain term in other words the lawyer wants to leave the impression he or she has a free hand to demand accept or reject a given deal point If this is the reason for not stating the case name of course it means the case under settlement negotiation has already been named on a previous agenda Suggestion A little checking should make it easy to see which case has appeared one or more times before in recent meetings but does not show up on the current agenda

(2)

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Section 549569

This consultation with the bodyrsquos attorney is to discuss one or more threats of litigation not yet filed against the agency In most instances the only added information required on the agenda is the number of ldquoanticipatedrdquo cases to be discussed But exactly what constitutes the ldquosignificant exposure to litigationrdquo is limited to only a handful of situations a An accident incident or contract mishap has occurred that may well lead to a

20


lawsuit when that prospect is already known to the likely plaintiff In this case the agency must identify the mishap either on the agenda or in an oral announcement prior to the closed session b An accident incident or contract mishapmdashor some other kind of unusual eventmdashhas occurred that may well prompt litigation but the bodyrsquos attorney believes it is not yet known to the likely plaintiff In this case no further disclosure needs to be made until and unless that party does become aware and reacts under scenarios 3-5 below c The likely plaintiff has actually sent the agency a pre-litigation claim (stating the amount of money sought in damages and the reason why) or some other written threat of legal action In this case the claim or written threat is a public record immediately available to whoever asks for itmdashbut you need to ask So when you see the ldquoanticipated litigationrdquo tag on the agenda and it doesnrsquot mention why ask for any claim or other written threat that has triggered the closed session Let the agency know you know that yoursquore entitled to see it before the closed session takes place pursuant to Government Code Section 549569 (b) (3) (C) you should only have to be this emphatic once if at all d Someone from the audience at a regular public meeting in addressing the body makes what the agency interprets as a threat of suing the agency about a specific matter If this statement is going to be used to justify an immediate closed session then since the threat was not a topic on the posted agenda the body will have to make a specific finding that there is a need for immediate action to address that threat and approve that finding by a supermajority vote (at least four out of five members or five out of seven etc) But since immediate action is probably seldom necessary on a mere oral threat itrsquos more likely such a threat would result in a closed session only at a later meeting and by that time if itrsquos serious it will probably have been followed by a written threat (in which case see c above) e At some point before the meeting the likely plaintiff has uttered an oral threat of litigation express or implied in a conversation with a member of the body or the staff that is considered by legal counsel to be serious enough to warrant a closed session even if no written threat has yet been received In this case whoever heard the statement must in order to justify the closed session write a memo identifying the threatening person and reporting what he or she said This memo is a public record available on request prior to the closed session just like a written threat (see c above) The memo need not name either the alleged victim of a sexual impropriety or the agency employee accused of any wrongful conduct unless these names have already been somehow disclosed Suggestion Two overall points The first Ask ask ask Donrsquot wait to be offered the documentation yoursquore entitled to under 2 and 4 above because you wonrsquot be The second If for some reason you didnrsquot ask for these records before the meeting yoursquore still entitled to them afterwards

21


(3) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 549569

This refers to the discussion of the need or opportunity to sue some other party The only added information required is the number of potential cases to be considered

After these closed sessions the body is required to disclose two types of approval given to commence or respond to an action in court andor to settle a case before or during trial The first kind of approvalmdashldquo to defend or seek or refrain from seeking appellate review or relief or to enter as an amicus curiae in any form of litigationrdquomdash must be reported immediately within the same meeting The report must name the adverse party (Smith v City for example) and say what the case is about If what has been given is approval to sue another party or intervene in a pending lawsuit the identity of the adverse party the nature of the action can be withheld until the approved action shows up in court but the public must at least be told that an approval to sue appeal or intervene has been given As for approved settlements there are two possibilities One is that the bodyrsquos approval of the settlement ends negotiations and there is no need to go back to the other side This outcome would be most likely if there had been no case filed in court and the settlement has simply headed off that prospect If that is the case the approval disclosure must be immediatemdashwithin the same meeting If the settlement occurs after the case has been filed court approval may be required and disclosure may be delayed until then And in any event if closure of settlement negotiations will occur only upon the adverse partyrsquos acceptance disclosure can be held off until that point Suggestion These contingencies and the burden of alertness they place upon the public mean that if you have been following announcements of closed sessions concerning a particular case over a succession of meetings and now do not see the case listed you should ask the agencyrsquos attorney if a settlement approval has been given by the body and when a disclosure is likely You may have to seek this information repeatedly but you are entitled to it as soon as a court the adverse party or both have given their approval as well The information you are entitled to includes the date on which the body gave its approval the vote or abstention of every member present and the substance of the settlement You are also entitled to the text of the settlement agreementmdashbut again you will probably have to ask for it Another thing to ask for that almost no one does is copies of communications between the parties leading up to the settlement and documents shared by one with the other These can provide insights into how the settlement was achieved and what issues played into the bargaining

b ldquoPersonnelrdquoA Brown Act body is permitted a closed session to discuss hiring appointing evaluating the performance of hearing complaints or charges about or firing the agencyrsquos

22


employees who report to itmdashso long as the discussion is about particular people and not personnel issues in general and so long as compensation is not discussed The agenda listings for these various topics vary as do the requirements for disclosures of any action taken

PUBLIC EMPLOYEE APPOINTMENT

(for hiring senior positions or for promotions or reassignments to a different job) orPUBLIC EMPLOYMENT

(for rank and file hires) The agenda must also identity the title of the position to be filled If the body acts to appoint or employ someone in the closed session it must announce that fact afterward noting the position filled during the same meeting Suggestion If the announcement does not name the person (the Brown Act does not require it) ask anyway The agency may not want to begin the new employeersquos tenure by refusing to identify him or her PUBLIC EMPLOYEE PERFORMANCE EVALUATION

plus the position title of the employee being reviewed The courts have concluded that such closed sessions may be used to discuss and set new or revised goals and expectations for an existing employee and that at least if the employee so requests those goals and expectations may be kept confidential But these points apply to personal performance targets not to the basic job description which is a matter of public record and can be created or altered only in open session An employeersquos performance reviews should normally occur only once a year a more frequent series may be a signal that for whatever reason the employee is not meeting the bodyrsquos expectations and may be on virtual probation No post-session announcement is required concerning evaluation although sometimes the agenda listing discussed immediately below will follow either at the same or the next meeting and may involve the same person if his or her performance is found wanting Suggestion If the body has set goals or objectives for performance of a new hire those should be public since they will shed no light on that employeersquos past performance

PUBLIC EMPLOYEE DISCIPLINEDISMISSALRELEASE

No further specifics are required for this agenda listing If action is taken to discipline the employee short of dismissal demotion or transfer it need not be reported publicly (but see the public records disclosure note below) Any dismissal action in closed session must be reported out at the same meeting specifying the position title unless the employee has the right to appeal the dismissal to the bodymdasha right that would not apply to an agency executive employed by contract

23


If this kind of closed session follows closely on the evaluation session listed above the chances are it pertains to the same person The chances are also good that since the body has authority to discipline or dismiss only an employee reporting directly to it (most employees report to the chief executive officer except in very small agencies) a dismissal approved in this closed session will be of that chief executive Chief executives in all but the smallest public agencies will be contract employees and this can make firing them midstream expensive unless they are dismissed ldquofor causerdquomdashconviction of a crime or other improper behavior including willful insubordination In that case their employment contract will normally state they can be summarily dismissed with no severance pay although such a move risks a lawsuit by the fired executive challenging the authenticity of the ldquocauserdquo prompting the termination On the other hand an executiversquos contract will often provide that a termination ldquowithout causerdquo which eliminates the lawsuit threat will require payment of six 12 or even 18 monthsrsquo salary and often benefits as well Since this kind of contract payout is a matter of compensation however it should not be discussed in a closed session on dismissal or release but rather under the heading below Suggestion If an employee appears to have been disciplined or discharged as the result of a complaint of serious wrongdoing and an investigation confirming the complaint submit a California Public Records Act request for a copy of the complaint any related investigative findings and any communication to the employee of disciplinary action to be taken The courts have repeatedly concluded that such documentation of an agencyrsquos handling of serious misconduct complaints is a matter of public record Accordingly the often-heard agency statement ldquoWe canrsquot discuss thatmdashitrsquos personnelrdquo is not only irrelevant as a response to a request for records but misleading in implying that such information is somehow inherently confidential

c Employee Bargaining and RaisesThe Brown Act permits closed sessions to allow an employing body to hear from and instruct its labor negotiators in two distinct tracks with similar but not identical agenda listings employees represented in a union-like bargaining unit and ldquounrepresentedrdquo employeesmdashmost significantly agency managers

CONFERENCE WITH LABOR NEGOTIATORSAgency designated representatives

Employee organization

The listing must name both the bodyrsquos bargaining agent(s) to be consulted with in the closed session and the bargaining unit that he or she is or will be negotiating with Both the agency and the employee organization have strong political motivations to keep the public unaware of what is being negotiated until an agreement is locked in The agency

24


often does not want pressure from the public to resist employee demands and the employee group never does The Brown Act permits this type of closed session not only for consultations between the body and its agentsmdashhearing progress reports on bargaining and issuing further instructionsmdashbut for the actual final approval of an agreement School and community college district boards subject to a different employee relations law are required to be more open As the California Supreme Court has noted

Initial contract proposals made by both sides must be presented at a public meeting and thereafter become matters of public record The public must be allowed a reasonable time to become informed of the proposals and to express its views at a public meeting prior to commencement of employer-employee negotiation Any new subject introduced into the collective bargaining process must be made public within 24 hours and the public must be informed of any votes cast upon the subject by the employer Thus although the public is excluded from actual negotiating sessions its opportunity to be fully informed and to express its views is preserved

San Mateo City School District v Public Employment Relations Board 33 Cal3d 850 (1983) Suggestion Once employee group bargaining has begun cite the CPRA to request copies of all documents that the bodyrsquos bargaining agents have shared with or received from the employee unit since the commencement of the current round of negotiations The agency cannot argue that disclosure would expose its confidential negotiating strategy because this information either comes from the employee unit or has already been provided to it These records will however serve the same publicrsquos interest in an ldquoopportunity to be fully informed and to express its viewsrdquo referred to by the Supreme Court with respect to school employee bargaining When approval of a memorandum of understanding or other agreement with a labor unit is reached in closed session the disclosure point will depend on whether the other party must accept as well If the bodyrsquos approval seals the agreement because it accepts all of the demands sought by the labor unit the body must report publicly within the same meeting the substance of the agreement and the votes of the members and must provide a copy of the text of the agreement to any advance requesters


Unrepresented employee

The listing applies to non-union employees It must name both the bodyrsquos bargaining agent(s) to be consulted with in the closed session and the title of the position of each unrepresented employee whose salary andor benefits are being negotiated While the category of ldquounrepresented employeesrdquo can include ldquoconfidentialrdquo employees such as secretaries and administrative assistants it will definitely include middle managers such

25


as department heads and the chief executive The bodyrsquos bargaining agent could be either a member of the body or an (unrepresented) employee such as a human resources director In the latter case the bodyrsquos agent should neither be an employee reporting to or with compensation tied to that of an employee in the group being bargained with Unlike the negotiations with represented employees any final action on the compensation of unrepresented employees must be taken in open session This has two key consequences The first is that the approval of a raise or other compensation improvement for unrepresented employees which must be done in open session will be reflected in some kind of prepared written recommendation which should be part of the agenda packet and availablemdashat least upon requestmdashas soon as it is available to members of the body The second consequence is that if the compensation approval is part of a severance agreement such as is typical in a ldquowithout causerdquo termination (see 4 (b) (3) above) it should likewise be done in open session flagged on the agenda and with the agreement text either in the agenda packet or available on request prior to the meeting Suggestion Once the listing above appears on a meeting agenda be alert for an open session item appearing on the same agenda or that of the following meeting for approval of a contract for one or more unrepresented employees Then request as a public record a copy of any record made available to the body containing the terms of the compensation for which approval is scheduled in open session That information will provide your only informed chance to react to proposed raises for individual employees and express your views prior to the vote on their adoption

d Real PropertyAs with employee bargaining under (c) the Brown Act permits the body to confer behind closed doors with its designated representative in negotiations to acquire or dispose of an interest in real propertymdasha parcel of land a building an easement etc The transfer bargained for may be an outright purchasesale a lease or some other transaction For this type of closed session the standard agenda listing is

CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property

Here the notice must list the street address of the property or if not on a street its parcel numbermdashsome unique locator

Agency negotiator

The names of those to confer with the body in closed session

26


Negotiating parties

The name of the person or entity the body is dealing with the principal not the agent

Under negotiation

Here the notice must ldquospecify whether the instruction to the negotiator will concern price terms of payment or bothrdquo

As that last phrasing echoes this type of closed session permits the discussion to concern only ldquoprice and terms of paymentrdquo So far most local bodies interpret ldquoterms of paymentrdquo to include any factor that might affect the price in any way or any term besides price being sought in the transaction No court has ruled on this broad interpretation although the Attorney General has concluded in a published opinion that the ldquopricerdquo and ldquoterms of paymentrdquo language must be read narrowly to embrace only

the amount of consideration that the local agency is willing to pay or accept in exchange for the real property rights to be acquired or transferred in the particular transaction (2) the form manner and timing of how that consideration will be paid and (3) items that are essential to arriving at the authorized price and payment terms such that their public disclosure would be tantamount to revealing the information that the exception permits to be kept confidential

As an example of category three the opinion would allow discussion of the range of possibilities for payment that the agency might be willing to accept including how low or how high to start the negotiations with the other party the sequencing and strategy of offers or counteroffers as well as various payment alternatives Information designed to assist the agency in determining the value of the property in question such as the sales or rental figures for comparable properties should also be permitted because that information is often essential to the process of arriving at a negotiating price

Opinion No 10-206 (2011) The body may not only discuss negotiations with its agent in closed session it may actually approve the deal there If its approval seals the agreement because it accepts all of the terms offered by the other party the body must report publicly within the same meeting the substance of the agreement and the votes of the members and must provide a copy of the text of the agreement to any advance requesters Suggestion As with employee group bargaining once real property negotiations appear on the agenda in a closed session notice begin citing the CPRA to request copies of all documents that the bodyrsquos bargaining agents have shared with or received from the other party since the commencement of negotiations Repeat the request as negotiations continue

27


Government Information and the Public Records Act


What is the California Public Records Act

The CPRA is the state statute that requires state and local government agencies to allow journalists and anyone else to inspect (look at listen to) or obtain a copy of the agencyrsquos documents unless some specific law exempts the document from public disclosure

Does the CPRA apply to federal records

No The law that does is the Freedom of Information Act (FOIA) enacted by Congress in 1966 Extensive information on FOIA and how to use it can be found at bull the US Department of Justice which lists the FOIA web pages of many federal departments and agencies bull a Department of Justice listing of reference materials produced by itself and others bull a FOIA guide developed by the Reporterrsquos Committee for Freedom of the Press bull a FOIA guide developed by Ralph Naderrsquos Public Citizen

Does the CPRA apply to all important records in state and local government

No It does not apply to and should not be cited to request disclosure of information by bull the courts whose records of proceedings are however presumed to be public under common law and whose administrative records are presumed public under the California Rules of Court or bull the Legislature which is however subject to the Legislative Open Records Act Government Code sect9070-9080 or bull non-governmental entities such as business or nonprofit corporations unless they are also subject to the Ralph M Brown Act because they either bullbull were created by a local government agency to perform a public function outsourced by that agency or bullbull have on their board a voting director who is also a member of the governing body of a public agency that funds them Government Code sect6252 subdivision (b)

Must I have a ldquoneed to knowrdquo in order to have access to records under the CPRA

No The most fundamental CPRA rule is the presumption of public access Requesters do not have to prove or even state a need to know to justify access On the contrary the government agency must justify not providing the information by citing the law a statute or a case interpreting a statute ldquoIn other words all public records are subject to disclosure unless the Legislature has expressly provided to the contraryrdquo Williams v Superior Court 5 Cal 4th 337 346 (1993) ldquoItrsquos not our policyrdquo or ldquoWe never give that

28


outrdquo is not an adequate response to a public records request nor is anything else short of citing the law that allows denial of access

Must I make my CPRA access request in writing

No To be sure a written request often has advantages for the requester as well as the agency Practically it may be necessary where an oral request has been turned down for what appear to be inadequate or misinformed reasons or where the kind or number of documents being sought needs detailed description Legally a written request sent by e-mail fax or registered postal mail provably records the date when certain response deadlines are set and also entitles the requester to a written response from the agency giving the reasons and legal authority for withholding all or part of the requested records But as noted by one court ldquoIt is clear from the requirements for writings in the same and other provisions of the Act that when the Legislature intended to require a writing it did so explicitly The California Public Records Act plainly does not require a written requestrdquo Los Angeles Times v Alameda Corridor Transportation Authority 88 CalApp4th 1381 1392 (2001) For a sample CPRA request letter see page 50

Must I identify myself in making an access request

Not usually Generally the law permits an anonymous request It requires identification (by a signed affirmation or declaration respectively) only when the requester is seeking information about pesticides (Government Code sect62542) or seeking the addresses of persons arrested or crime victims (Government Code sect6254 subdivision (f) paragraph (3)) Practically it may be mutually convenient for a requester to provide contact information if the request cannot be fulfilled immediately or if copying will take some time but the requesterrsquos option is to keep checking back on his or her own initiative Legally apart from the two situations noted above an agency may not insist that the requester be identified

Must I reveal my purpose in making an access request

No Demanding to know the purpose of the request or the intended use of the information is again not something the agency may do except for the pesticide and address provisions noted in the previous answer The CPRA states in Government Code sect62575 ldquoThis chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested if the record is otherwise subject to disclosurerdquo

How well must I describe what Irsquom looking for

ldquoUnquestionablyrdquo stated the California Court of Appeal in California First Amendment Coalition v Superior Court 67 CalApp4th 159 165 (1998)

public records must be described clearly enough to permit the agency to determine

29


whether writings of the type described in the request are under its control (The CPRA) compels an agency to provide a copy of nonexempt records upon a request ldquowhich reasonably describes an identifiable record or information produced therefrom ldquo However the requirement of clarity must be tempered by the reality that a requester having no access to agency files may be unable to precisely identify the documents sought Thus writings may be described by their content The agency must then determine whether it has such writings under its control and the applicability of any exemption An agency is thus obliged to search for records based on criteria set forth in the search request

Can I require the agency to compile a list or write a report

No The rights provided in the law are to ldquoinspectrdquo public records andor to ldquoobtain a copyrdquo of those records which may consist of printed documents or audio video or digital files containing words data symbols or images including e-mail The inspection and copying rights however do not to compel the agency to create lists or reports in response to questions In only one instance is the agency required to generate a record that may not already exist and that is if the information sought is stored in a computer database or otherwise and must be assembled in a single record As provided in Government Code sect62539 if the agency cannot ldquoproducerdquo or ldquoconstructrdquo the record sought without special programming the requester must pay for that work

Must the agency help me make an effective request

Yes to the extent possible Government Code sect62531 states(a) When a member of the public requests to inspect a public record or obtain a copy of a public record the public agency in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records shall do all of the following to the extent reasonable under the circumstances(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request if stated(2) Describe the information technology and physical location in which the records exist(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought(b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records

If the agency has an index to its records and makes it available no further help in refining the request is required

What can I be charged a fee for Inspection Copying

The Attorney General has published an opinion concluding that counties (in particular)

30


may charge a fee ldquoreasonably necessaryrdquo to recover wider costs for copying public recordsmdashcosts beyond the strict ldquodirect cost of duplicationrdquo The opinion observes that inspection itself is free ldquoIn any event a lsquoreasonably necessaryrsquo fee for a copy of a public record would have no effect upon the publics right of access to and inspection of public records free of chargerdquo 85 OpsCalAttyGen 225 (2002) The general rule in Government Code sect6253 subdivision (b) is that the agency may charge only a ldquostatutory feerdquomdashone expressly set by the Legislature or by an agency that the Legislature has expressly authorized to set its own copying feesmdashor otherwise only the ldquodirect cost of duplicationrdquo which may not include overhead ldquoThe direct cost of duplication is the cost of running the copy machine and conceivably also the expense of the person operating it lsquoDirect costrsquo does not include the ancillary tasks necessarily associated with the retrieval inspection and handling of the file from which the copy is extractedrdquo North County Parents Organization v Department of Education 23 CalApp4th 146 148 (1994)

How soon must my request get a response

Delay is allowed only to resolve good faith doubts as to whether all or part of a record is accessible by the public So for example if the requester asks to see the minutes of public meetings there is no need to make the ldquodeterminationrdquo as to whether or not they are public since minutes of public meetings are without question public records That being the case access is to be provided ldquopromptlyrdquo not put off for 10 days Government Code sect6253 subdivision (b) To underscore this point subdivision (d) states that ldquoNothing in (the CPRA) shall be construed to permit an agency to delay or obstruct the inspection or copying of public recordsrdquo Moreover while the 10-day period is not a legal deadline for producing the records the date of production should not lag the 10-day ldquodeterminationrdquo point by much because in most if not all cases the person making the determination will have already had to assemble and review the records in order to do so Once the determination has been made in other words actual release of the records in question should not take much more time The 10-day period can be extended somewhat but only under limited circumstances as specified in subdivision (c)

In unusual circumstances the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request setting forth the reasons for the extension and the date on which a determination is expected to be dispatched No notice shall specify a date that would result in an extension for more than 14 days When the agency dispatches the determination and if the agency determines that the request seeks disclosable public records the agency shall state the estimated date and time when the records will be made available As used in this section unusual circumstances means the following but only to the extent reasonably necessary to the proper processing of the particular request(1) The need to search for and collect the requested records from field facilities or other

31


establishments that are separate from the office processing the request(2) The need to search for collect and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request(3) The need for consultation which shall be conducted with all practicable speed with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein

Does an exemption from disclosure mean that the agency canrsquot provide me with access

Not usually The main exemption section in the Act for examplemdashGovernment Code sect6254mdashdoes not prohibit disclosure of the records it lists but simply provides that ldquonothing in this chapter shall be construed to require disclosurerdquo of them Accordingly officials misstate the law in many cases when they say ldquoWe canrsquot give that outrdquo It depends on the particular rule governing a particular type of information if the language is not expressly worded as a prohibition of general public access then any limitation on access must be read as allowing the agency discretion to provide access

May the agency provide public access to certain favored persons but not me

No Generally once a particular record has been provided to a ldquomember of the publicrdquo access may not be denied to others even though an exemption might have otherwise applied Government Code sect62545 A member of the public is anyone other than a governmental officer employee or agent receiving the record in his or her official capacity So for example an inspection audit or investigation report which would normally be exempt from disclosure as the record of a law enforcement investigation once shared with the subject investigated would in all but a handful of cases be a public record Section 62545 provides however that the waiver is not created by a disclosure bull of records about a person to that person as required under the Information Practices Act (a privacy law found in Civil Code Section 1798) bull ldquomade through other legal proceedings or as otherwise required by lawrdquo for example in pre-litigation discovery bull ldquowithin the scope of disclosure of a statute which limits disclosure of specified writings to certain purposesrdquo for example certain criminal history information made available to prospective employers of those who work closely with children bull ldquonot required by law and prohibited by formal action of an elected legislative body of the local agency which retains the writingsrdquo bull ldquomade to any governmental agency which agrees to treat the disclosed material as confidentialrdquo bull made to regulated business organizations for the purpose of encouraging corrective action by state agencies regulating financial institutions by the Department of Corporations by the Commissioner of Financial Institutions and by the Department of Managed Health Care

32


If part of a record is exempt may all of it be withheld

Not usually Under Government Code sect6253 subdivision (a) any non-exempt (public) part of a record must be made available after any exempt information has been redacted (removed or obliterated) This rule applies unless redaction is impossible because the public and confidential material are so tightly interwoven as to be ldquoinextricably intertwinedrdquo Northern California Police Practices Project v Craig 90 CalApp3d 116 124 (1979) or unless multiple redactions applied to a large number of requested records would leave them so bereft of substantive information relevant to the requesterrsquos purpose that the benefit to him or her would be ldquomarginal and speculativerdquo ACLU Foundation of Northern California Inc v Deukmejian 32 Cal 3d 440 453 (1982)

Are draft documents exempt from disclosure as such

No The word ldquodraftrdquo even if accurately descriptive of a document does not exempt it from disclosure Government Code sect6254 subdivision (a) applies only to ldquopreliminaryrdquo drafts notes or memos ldquothat are not retained by the public agency in the ordinary course of business provided that the public interest in withholding those records clearly outweighs the public interest in disclosurerdquo Moreover the exemption applies only if the record was created to inform or advise a particular administrative or executive decision Also the document must be of the kind customarily disposed of ldquoIf preliminary materials are not customarily discarded or have not in fact been discarded as is customary they must be disclosedrdquo Finally the exemption applies only to the ldquorecommendatory opinionrdquo of its author making a judgment or offering advice as a conclusion based on a set of facts Those facts however remain accessible to the public and only the authorrsquos conclusion is protected Citizens for A Better Environment v Department of Food and Agriculture 171 Cal App 3d 704 (1985)

Are litigation-related records exempt permanently

No Government Code sect6254 subdivision (b) exempts ldquoRecords pertaining to pending litigation to which the public agency is a party or to claims until the pending litigation or claim has been finally adjudicated or otherwise settledrdquo This exemption includes communications between the agency and its attorney which are privileged in any event as long as the agency wishes to assert the privilege Otherwise ldquoa document is protected from disclosure only if it was specifically prepared for use in litigationrdquo for example if ordered by a public agency lawyer in response to an incident likely to provoke a lawsuit City of Hemet v Superior Court 37 CalApp4th 1411 1420 (1995) The claim itself (submitted by a potential plaintiff) is not exempt Poway Unified School District v Superior Court 62 CalApp4th 1496 1505 (1998) And when a case has been fully adjudicated (no further appeal possible) or settled records covered by this exemption that are not communications between the agency and its attorney are no longer subject to this exemption

33


What kind of information can be withheld to protect personal privacy

The CPRA allows withholding the contents of ldquoPersonnel medical or similar files the disclosure of which would constitute an unwarranted invasion of personal privacyrdquo Government Code sect6254 subdivision (c) The rule covers more than ldquopersonnelrdquo files and reaches any information in government records linked to an identified or readily identifiable individual But it allows withholding only where the person in question has an objectively reasonable expectation of privacy which would not apply for example to reacutesumeacute-type ldquoinformation as to the education training experience awards previous positions and publicationsrdquo of a public employee Eskaton Monterey Hospital v Myers 134 CalApp3d 788 794 (1982) Even when a privacy expectation would be normally reasonable disclosure may be justifiedmdashldquowarrantedrdquomdashand required if the public interest in having it known outweighs the public interest to the contrary For example when a public official denied taking an unlawful personnel action ldquoaccess to records proving it then became in the public interestrdquo Braun v City of Taft 154 CalApp3d 332 343 (1984)

Are the exact earnings of named government workers public or private

If the employee is so senior as to have his or her own employment contract that document is public without exception under Government Code sect62548 As for the more typical employee who was not hired by contract the California Supreme Court has held that pay and other compensation of named state and local government employees including peace officers absent some extraordinary risk to their safety is also a matter of public record International Federation of Technical and Professional Engineers Local 21 AFL-CIO v Superior Court 42 Cal4th 319 (2007)

Are complaints about and discipline of public employees confidential

Complaints about the performance of public employees other than peace officers are public if they lead to disciplinary action (American Federation of State County and Municipal Employees v Regents of the University of California 80 CalApp3d 913 (1978)) or even if discipline or not documents available to the court ldquoreveal sufficient indicia of reliability to support a reasonable conclusion that the complaint was well-foundedrdquo Bakersfield City School District v Superior Court 118 CalApp4th 1041 (2004) Public agency executives with diminished privacy expectations may have complaints and charges against them exposed to the public even if they prove largely unsubstantiated to allay public concerns that they are being allowed to resign under a ldquosweetheart dealrdquo allowing them to evade accountability BRV Inc v Superior Court 143 CalApp4th 742 (2006)

34


What about access to police and sheriffrsquos officersrsquo personnel recordsThe contents of those and other peace officersrsquo personnel files are made confidential by Penal Code sect8327 which leaves them exempt from disclosure under the CPRA and accessible only in judge-filtered discovery by a criminal defendant or by a civil plaintiff suing for the officerrsquos alleged misconduct or excessive force City of Hemet v Superior Court 37 CalApp4th 1411 (4th Dist 1995) This confidentiality has also been held to apply to information maintained by public agencies other than the officerrsquos employer if it had been provided to them by that employer Commission on Peace Officer Standards amp Training v Superior Court 42 Cal4th 278 (2007) But that case also held that an officerrsquos name employing agency and dates of hire and separation if any are public information The state Supreme Court has also held that the protection for officer personnel files was meant by the Legislature to apply to administrative proceedings for appeal of discipline whether conducted within or outside the employing department and that civil service commission hearings involving officer discipline appeals were accordingly required to be held privately Copley Press Inc v Superior Court 39 Cal4th 1272 (2006)

Which law enforcement information is exempt from disclosure

The CPRArsquos law enforcement records exemption in Government Code sect6254 subdivision (f) is comprehensive and although discretionary seldom waived With respect to police and other criminal justice law enforcement agencies it applies to records that ldquoencompass only those investigations undertaken for the purpose of determining whether a violation of law may occur or has occurred If a violation or potential violation is detected the exemption also extends to records of investigations conducted for the purpose of uncovering information surrounding the commission of the violation and its agencyrdquo Haynie v Superior Court 26 Cal4th 1061 1071 (2001) But the exemption also applies to ldquoany investigatory or security files compiled by any other state or local agency for correctional law enforcement or licensing purposesrdquo including investigations by state or local regulatory agencies If an investigation does not have one of these purposes the exemption does not apply to its records Register Division of Freedom Newspapers Inc v County of Orange 158 Cal App 3d 893 (1984) The exemption may be asserted no matter how old and dead the investigation may be Williams v Superior Court 5 Cal 4th 337 (1993) But unless disclosure would threaten the successful completion of an investigation or the safety of a person involved an agency must disclose the basic ldquowhowhatwherewhenrdquo facts in crime incident and arrest reports and requests for assistance such as 911 calls This basic information disclosure mandate is just thatmdashit does not require providing inspection or copies of original law enforcement records themselves but rather some form of access to specified information from those records In terms of time it applies at least with respect to ldquocontemporaneous police activityrdquo although months or

35


years of arrest reports need not be provided to obtain information about an officerrsquos long-term performance that would otherwise be confidential County of Los Angeles v Superior Court 18 CalApp4th 588 (1993) The facts that must be disclosed pursuant to Government Code sect6254 subdivision (f) paragraphs (1) and (2) unless to do so would ldquoendanger the safety of a person involved in an investigation or endanger the successful completion of the investigation or a related investigationrdquo are

(1) The full name and occupation of every individual arrested by the agency the individuals physical description including date of birth color of eyes and hair sex height and weight the time and date of arrest the time and date of booking the location of the arrest the factual circumstances surrounding the arrest the amount of bail set the time and manner of release or the location where the individual is currently being held and all charges the individual is being held upon including any outstanding warrants from other jurisdictions and parole or probation holds(2) the time substance and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto including to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded the time date and location of occurrence the time and date of the report the name and age of the victim the factual circumstances surrounding the crime or incident and a general description of any injuries property or weapons involved The name of a victim of any (sexual assault child elder or spousal abuse or hate crime) may be withheld at the victims request or at the request of the victims parent or guardian if the victim is a minor

Must I sign something or provide credentials to get access to law enforcement information

No The sole requirements for a signed statement in this context apply only to obtain the current address of a person arrested or a victim of a crime (other than a sexual assault child or elder abuse offense or hate crime) Under Government Code sect6254 subdivision (f) paragraph (3) these addresses are available only to a requester who declares under penalty of perjury that the request is made for a ldquoscholarly journalistic political or governmental purposerdquo or that the request is made by a licensed private investigator for investigation purposes But the Attorney General has ruled that if a person declares that the request is made for a journalistic purpose ldquothe agency may not require that the requester present subscriber lists distribution lists copies of past publications or proof of membership in a press trade association display a press identification permit issued by a California law enforcement agency or qualify as a journalist in a judicial actionrdquo Moreover a related requirement that address information not be used directly or indirectly or provided to someone else to sell a product or service ldquodoes not require the requester to monitor subscribers or readers and prohibit them from using the information for commercial purposesrdquo 89 OpsCalAttyGen 97 (2006)

36


Are the CPRA exemptions the only legal bases for withholding information

No Numerous other laws outside the CPRA either prohibit disclosure of certain information limit its disclosure to certain persons purposes or both or give the agency discretion over release Moreover the Evidence Code contains a number of privileges that allow information to be withheld even from a court proceeding The CPRA incorporates these laws and privileges as exemptions from disclosure Government Code sect6254 subdivision (k) The attorney-client privilege for example allows communications between a public agency and its lawyers to be kept confidential But a federal court has observed that ldquothe identity of the client the amount of the fee the identification of payment by case file name and the general purpose of the work performed are usually not protectedrdquo by the privilege Clarke v American Commerce National Bank 974 F2d 127 (1992) The official information privilege allows a public official to withhold information submitted to him or her in confidence until and unless it has been expressly relied upon in the making of a decision if the public interest in such secrecy outweighs the public interest in disclosure San Gabriel Tribune v Superior Court 143 CalApp3d 762 (1983) Government agencies may conceivably acquire business or industry information protected by the trade secret privilege but apart from customer lists why a business would supply such highly sensitive information to a public agency is hard to imagine For the privilege to apply the formula pattern compilation process device method etc must derive independent value from not being known to the public or a competitor and must be subject to reasonable efforts to maintain its secrecy otherwise Civil Code sect34261 subdivision (d)

Can a record be withheld if it is not made expressly confidential by some statute

Yes Even if no specific exemption in the CPRA applies information may be withheld ldquoby demonstrating that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the recordrdquo Government Code sect6255 As the wording suggests this ldquobalancing testrdquo exemption is applicable only on a case-by-case basis In particular a targeted request for a particular record will be circumstantially easier to justify in the public interest than a wholesale request for a large volume of records ACLU Foundation of Northern California Inc v Deukmejian 32 Cal3d 440 (1986) Times Mirror Co v Superior Court 53 Cal3d 1325 (1991)

What is the deliberative process privilege

This common law privilege has been recognized as supporting in certain circumstances a withholding of access under the ldquobalancing testrdquo (see question above) Its rationale is the same as that underlying the draft exemption namely the need of government officials and their advisors to discuss policy options freely and frankly in the course of developing

37


a decision without fear of political recrimination upon disclosure But unlike the draft exemption with its limited application the privilege invoked under the balancing test applies to documents that are not preliminary drafts or memos but that otherwise would impede or chill candid pre-decisional deliberation Cases applying the privilege in a balancing test to deny disclosure have concluded that bull The chill on the candor and effectiveness of the governorrsquos consultations with visitors resulting from wholesale disclosure of his appointment calendars and the risk to his security posed by wholesale disclosure of his travel itineraries outweigh the arguable public interest in understanding patterns of access to and influences affecting statersquos chief executive Times Mirror Co v Superior Court 53 Cal3d 1325 (1991) bull With respect to a request filed while an appointment decision is pending avoiding interference with the governorrsquos prerogative to make appointments to fill vacancies on boards of supervisors that would result from disclosing information submitted by applicants for appointment outweighs the votersrsquo interest in knowing who is applying for the normally elective position and what qualifications they are citing in their favor California First Amendment Coalition v Superior Court 67 CalApp4th 159 (1998) bull With respect to a request for such records filed five months after the governor made the appointive decision the same factors outweigh the votersrsquo interest in an appointment to the board of a county emerging from bankruptcy Wilson v Superior Court 51 CalApp4th 1136 (1997) bull Disclosing the telephone numbers of persons with whom a city council member has spoken over a yearrsquos time equates to revealing the substance or direction of the memberrsquos judgment and mental process and the inhibiting intrusion posed by such disclosures outweighs the public interest in learning which private citizens are influencing the memberrsquos decisions This holds especially where no misuse of public funds or other improprieties are alleged Rogers v Superior Court 19 CalApp4th 469 (1993) The deliberative process privilege as a basis for withholding records may have been substantially weakened by Proposition 59 of 2004 whose ballot argument included the following

What will Proposition 59 do It will create a new civil right a constitutional right to know what the government is doing why it is doing it and how It will ensure that public agencies officials and courts broadly apply laws that promote public knowledge It will compel them to narrowly apply laws that limit openness in governmentmdashincluding discretionary privileges and exemptions that are routinely invoked even when there is no need for secrecy It will create a high hurdle for restrictions on your right to information requiring a clear demonstration of the need for any new limitation It will permit the courts to limit or eliminate laws that dont clear that hurdle It will allow the public to see and understand the deliberative process through which decisions are made (Emphasis added)

38



1 Money Issues

ldquoFollow the moneyrdquo was the advice the shadowy source Deep Throat supposedly gave Woodward and Bernstein to guide their legendary reportorial investigation of the Watergate scandal While doing so will seldom uncover crime in government it can disclose surprising and sometimes questionable uses of public funds All the following documentation is disclosable under the California Public Records Acta Employment ContractsOnly the top employees in local government are hired under a written contract but it can entitle the employee not only to a salary but also to benefits including performance bonuses health andor other insurance a car moving expenses memberships in professional associations clubs and community organizations and the like As for local government compensation generally see the State Controllerrsquos website at httpwwwscocagovcompensation_searchhtmlb LoansAlthough not necessarily mentioned in the employment contract key executives in an agency are sometimes provided with loans at more favorable terms than they would get on the market Pursuant to the Brown Act any such loan would have to approved in an open session of the agencyrsquos governing bodyc Credit Cards and Expense ReimbursementsWhether the expenses incurred by employees for official business are handled by agency credit cards or by specific advances or reimbursements acquired by application the date location and merchandise or service purchased should be documented in public records as well as the purpose of the expenditure As interpreted by the Attorney General state laws allowing local government officials to obtain reimbursement from their agencies for actual and necessary expenses incurred in doing their jobs do not allow them to treat non-government guests to meals on the public tab For example Education Code Section 44032 states The governing board of any school district shall provide for the payment of the actual and necessary expenses including traveling expenses of any employee of the district incurred in the course of performing services for the district whether within or outside the district under the direction of the governing board In a 1978 published opinion the Attorney General concluded that the statutory phrase ldquoactual and necessary expensesrdquo did not include meals purchased for community leaders even though the purchase was deemed to be for the benefit of and in the best interest of a school districtrdquo The restriction is not limited to school employees The Attorney General has more recently concludedmdashand this would extend to any outlays of public funds whether through reimbursements or credit card chargesmdashthat (p)ublic funds of a general law city may not be expended to reimburse city council members for their

39


expenses in purchasing meals for third parties such as constituents legislators and private business owners at meetings held to discuss legislation or other matters of benefit to the city If the charter so authorizes public funds of a charter city may be expended for such purposes The law the AG was interpreting is Government Code Sections 53232 through 532324 which also govern county supervisors school board trustees and special district directors Reimbursement may be provided only pursuant to a specific policy approved by the governing body in a public meetingd Merchandise and Service Contracts LeasesThese agreements to pay public funds for value received may document the most significant expenditures other than agency personnel costs They sometimes raise collateral issues such as whether the contract or lease was required to go to bid or was at the discretion of an agency body or official If the former all bids or RFPs should be open to public review prior to an award If the latter the Form 700 Statement of Economic Interests of the official(s) with award discretion can be cross-checked as well as the sources of political contributions to the campaigns of any such elected officials (see Integrity Issues gt Economic Interests below)e Check or Warrant RegistersThese lists sometimes disclose expenditures not included in the categories above that merit further inquiry They must be approved by the agencyrsquos governing body at an open meeting but may be tucked into a consent agenda

2 Integrity Issues

a Economic InterestsAre people in government lining their own or their spousesrsquo pockets in making decisions about spending public funds How would anyone know without knowing what those officialsrsquo income sources are As summarized by the Fair Political Practices Commission (FPPC)

The Political Reform Act (Gov Code Sections 81000-91014) requires most state and local government officials and employees to publicly disclose their personal assets and income They also must disqualify themselves from participating in decisions that may affect their personal economic interests The FPPC is the state agency responsible for issuing the Statement of Economic Interests Form 700 and for interpreting the lawrsquos provisions Statements of Economic Interests are public documents The filing officer must permit any member of the public to inspect and receive a copy of any statement bull Statements must be available as soon as possible during the agencys regular business hours but in any event not later than the second business day after the statement is received bull No conditions may be placed on persons seeking access to the forms

40


bull No information or identification may be required from persons seeking access bull Reproduction fees of no more than 10 cents per page may be charged Each local agency must appoint a filing officer responsible to provide access to the Form 700s and to see that these statements are filed and updated on schedule The agency must also adopt a conflict of interest code that designates which employees are subject to it Essentially these are persons responsible for making or contributing to the decision to make significant public expenditures Some consultants with substantial ongoing decisional authority must also file Form 700s For detailed explanations of the officialsrsquo disclosure obligations see httpwwwfppccagovforms700-11-12RefPamphlet11-12pdf

b Political ContributorsWhose campaign contributions have been made to whom and how much was given This information is required to be filed periodically by local candidates and committees The various reports required to be filed as public records (under the same access mandates as apply to the Form 700s above) are described at httpwwwfppccagovmanualsmanual2localpdf These reports are to be filed with the city clerk in the case of city elections and with the county clerk in the case of county school district or special district elections If a district sprawls over county lines its reports must be filed with the larger countyrsquos clerk A number of cities and counties have enacted their own local campaign ordinances to supplement state law They are found at httpwwwfppccagovindexphpid=9c Ethics TrainingUnder a law familiarly known as AB 1234 most elected local officials (but not school or community college district trustees or members of a county board of education) who get paid for their service are required to undergo periodic training in the ethics and open government laws that pertain to them and to publicly report when they have done so They can take the training through self-studymdashincluding onlinemdashbut if the majority of members of a local body subject to the Brown Act do so in a meeting that meeting must be properly noticed and conducted in public Newly elected officials must complete their training no later than one year after their first day of service in public office and thereafter must complete a training course once in each subsequent two-year period The officials must maintain records that indicate both the dates of training and the entity that provided the training These records are disclosable public records and must be available for five years after the training Full details on these requirements are found at httpwwwfppccagovindexphpid=477

3 Performance Issues

a Litigation Claims and Settlements Accidents happen miscommunications occur unforeseen challenges arise Government agencies and officials are no more immune from plain bad luck than organizations and

41


individuals in the private sector Some of these mishaps prompt legal claims and either litigation or settlement and while most of these situations may not result from faulty performance of duty some of them may In any case the questions arise as to whether and how the accident loss or other failure could have been prevented and even more importantly what if anything is being done to prevent a recurrence In short the contents of pre-litigation claims and litigation-avoiding settlements can be telling indicators of how well a public agency has been performing to what extent there have been clusters of the same problems and whether important lessons have been learned Access to claim and settlement documentsmdashboth of which are public recordsmdashis discussed aboveb Audits and Grand Jury ReportsPursuant to the following statutes most local public agencies must have heir books audited annually with the audit reports available as public recordsGovernment Code Section 36525 (b) City AuditsGovernment Code Sections 269085 26909 County and Special District AuditsGovernment Code Section 6505 Joint Powers Agency AuditsEducation Code Section 35400 (f) LA Unified School District Inspector Generalrsquos ReportsIn addition local agencies may be audited by the State Auditor andor the State Controller and their operations reviewed and reported on by the county grand jury c State AuditorThe State Auditor may open audits based on whistleblower information or otherwise into improper governmental activity of the fraud waste and abuse kind Also according to the State Auditorrsquos website

Recent legislationmdashAB 187 which went into effect in January 2012mdashpermits the California State Auditor to develop a high-risk local government agency audit program for the purpose of identifying auditing and issuing reports on any local government agency including a city county special district or other publicly created entity that the State Auditor identifies as being at high risk for waste fraud abuse and mismanagement or as having major challenges associated with its economy efficiency or effectiveness However any audit that the State Auditor wishes to perform under this authority must be authorized by the Legislatures Joint Legislative Audit Committee before it may move forward Because this legislation just recently took effect the program still is being developed Please check back periodically for updates regarding the implementation of this program As we establish protocols for the program we will post the information on our Web site

Ordinary State Auditor investigative findings are posted at httpwwwbsacagovreportsagencies and httpwwwbsacagovreportssubcom2013d State ControllerThe State Controllerrsquos Office conducts three types of local government audits bull of local agenciesrsquo reimbursement claims for state mandated costs eg the Brown Act at

42


httpwwwscocagovaud_mancost_la_costrpthtmlbull of local agencies generally at httpwwwscocagovserphtmlq=audit+finding

+follow+upampcx=001779225245372747843jzcl_x9eh9wampcof=FORID10ampie=UTF-8 and

bull ldquoSpecial ReviewsAuditsrdquo into selected local problems The Controller also conducts ongoing oversight of the adequacy of local school districtsrsquo independent audits to satisfy federal standards for acceptable accounting practices The resulting list of discrepancies by county and school district called the ldquoEntities with R e a s o n s C o d e s R e p o r t rdquo i s f o u n d a t h t t p w w w s c o c a g o v aud_local_agency_oversight_local_govt_educ_k_12htmle Grand JuriesIn addition to their relatively rarely exercised criminal investigative proceedings California grand juries inquire into the operations of local government agencies and issue findings and recommendations in their annual reports This watchdog function may be triggered by suggestions from prior year grand juries or individual grand jurors or from complaints or concerns submitted by citizens To find the most recent yearsrsquo final reports for your county Google _______ County Civil Grand Jury Final Report or check your county grand juryrsquos website at httpwwwcgjaorgcounty-grand-jury-websites

Records Preservation and DestructionThe state laws and regulations below govern records retention schedules of California local agencies Records intentionally destroyed (or altered or removed) contrary to these laws may be cause for criminal prosecution under Government Code sectsect6200-6201

City Records

Minimum Retention Two Years Government Code sect34090 et seq County Records

Minimum Retention Two Years Government Code sect26202 et seqCommunity College District Records

Minimum Retention Three Years Plus Title 5 California Code of Regulations Division 6 Chapter 10 Subchapter 25 sect59023 et seqSchool District Records

Minimum Retention Three Years Plus Title 5 California Code of Regulations Division 1 Chapter 16 Subchapter 2 sect16023 et seqSpecial District Records

No Minimum Retention Period Government Code sect60201

43


Meetings and Records of Local Court Administration(Check full up-to-date text of the law at httpwwwcourtscagovcmsrulesindexcfmtitle=tenamplinkid=rule10_500)

IntroductionEach of Californiarsquos 58 counties has a superior court for the trial of civil and criminal cases They range in size from the smallest a two-judge court in Alpine County to the largest single unified trial court system in the nation in Los Angeles County Regardless of size each superior court has its own administrative routines rules and procedures under the judicial branch governance structure of the California Judicial Council and its executive arm the Administrative Office of the Courts

MeetingsThe larger superior courts have executive committees of judges that handle the housekeeping decisions that keep the courtrooms staffed supplied and running Unlike their counterparts in the non-judicial realm howevermdashthe county boards of supervisorsmdashthese committees are not subject to the Brown Act or any other open meeting statutes or court rules But the recent experience of Californians Aware in a survey is that the agendas and minutes of executive committee meetings are accessible to the public under Rule of Court 10500 discussed below

RecordsAccess to the records of civil lawsuits and criminal prosecutions is presumed as a matter of common law But access to court administrative records is provided by California Rule of Court 10500

What kinds of administrative records are available under the Rule

The examples given in 10500 (d) (2) are

(A) Budget information submitted to the Administrative Office of the Courts after enactment of the annual Budget Act(B) Any other budget and expenditure document pertaining to the administrative operation of the courts including quarterly financial statements and statements of revenue expenditure and reserves(C) Actual and budgeted employee salary and benefit information(D) Copies of executed contracts with outside vendors and payment information and policies concerning goods and services provided by outside vendors without an executed contract(E) Final audit reports and(F) Employment contracts between judicial branch entities and their employees

44


This list is not exhaustive In addition to these items for example any documents or information referred to in a superior court executive committeersquos agenda or minutes (see above) would be presumed accessible unless some exemption from disclosure applied

What are the applicable exemptions from disclosure under Rule 10500

They are modeled on and as a whole quite comparable to those found in the California Public Records Act often stated in provisions that are verbatim duplicates of that law While some exemptions are stated in broader terms there has been no litigation as of early 2013 interpreting what the differences amount to in practice

How do I make a request for court administrative records

Each superior court is supposed to post the desired procedures on its website but sometimes they are a challenge to find If nothing else a letter that simply cites Rule 10500 and spells out the type of information being sought should suffice if addressed to the court executive officer

Will I be charged a fee for copies

You may although for a sole or infrequent request modest in scope for records ready to hand the fee may be waived Rule 10500 (d) states

Costs of duplication search and review(A) A judicial branch entity on request must provide a copy of a judicial administrative record not exempt from disclosure if the record is of a nature permitting copying subject to payment of the fee specified in this rule or other applicable statutory fee A judicial branch entity may require advance payment of any fee(B) A judicial branch entity may impose on all requests a fee reasonably calculated to cover the judicial branch entitys direct costs of duplication of a record or of production of a record in an electronic format under subdivision (i) The fee includes(i) A charge per page per copy or otherwise as established and published by the Judicial Council or as established by the judicial branch entity following a notice and comment procedure specified by the Judicial Council representing the direct costs of equipment supplies and staff time required to duplicate or produce the requested record and(ii) Any other direct costs of duplication or production including but not limited to the costs incurred by a judicial branch entity in retrieving the record from a remote storage facility or archive and the costs of mailing responsive records

Finances Performance and Integrity

As indicated above the examples of records given in Rule 10500 (d) (2) as subject to disclosure include many if not most standard financial and organization performance accountability measures As for personal performance Rule 10500 (f) (7) exempts

45


records related to evaluations of complaints regarding or investigations of justices judges (including temporary and assigned judges) subordinate judicial officers and applicants or candidates for judicial office

While there is no comparable exemption in the California Public Records Act complaints against judges are processed and adjudicated by the Commission on Judicial Performance which is not subject to these rules and which is required to keep raw complaints confidential until formal proceedings if any commence California Constitution Article 6 sect18 subdivision (j) Thereafter this provision says ldquothe notice of charges the answer and all subsequent papers and proceedings shall be open to the public for all formal proceedingsrdquo

In addition judges court executive officers and other employees dealing with financial matters are subject to the same requirements to file periodic statements of financial interests (Form 700s) as non-judicial public officials The can be requested either from the court itself or the county clerk and should be immediately available

46


Sample Brown Act Demand to Cease and Desist a Violation(Not intended to overturn an action taken)

DATE

NAME AND TITLE OF CLERK OR SECRETARY TO THE LEGISLATIVE BODYNAME OF AGENCYSTREET ADDRESSPO BOXCITY CA ZIP

RE Demand to Cease and Desist Ralph M Brown Act (Government Code Section 54950 et seq)

Dear _______________

This letter challenges a practice occurring in connection with the (date) meeting of the (name of legislative body) of the (name of local agency) as a violation of the Brown Act specifically Government Code Section ____________ The practice in question was (describe act or omission being alleged as a violation of the cited section)

In order to avoid the filing of an action against the (name of legislative body) for declaratory and injunctive relief to confirm that the practice in question violated the Brown Act and to order it not to be repeated and for the recovery of any attorney fees and costs incurred in such litigation I demand that the (name of the presiding officer of legislative body) within 30 days of the receipt of this letter and in conformity with Government Code Section 549602 subdivision (c) inform me of the (name of legislative bodyrsquos) unconditional commitment to cease desist from and not repeat the practice herein challenged as a violation of the Act

Very Truly Yours

__________________Postal AddressE-mail AddressPhone Number

cc Legal counsel for local agency

47


Sample Brown Act Demand to CureCorrect a Violation(Intended to overturn an action taken)

DATE

NAME OF AGENCYSTREET ADDRESSPO BOXCITY CA ZIP

RE Demand for Cure and Correction Ralph M Brown Act (Government Code Section 54950 et seq)

Dear _______________

A substantial violation of a central provision of the Ralph M Brown Act may unless cured and corrected jeopardize the finality of the action taken by the (name of legislative body) of the (name of local agency)

On (date) the (name of legislative body) took action by (description of action taken)

That action was not in compliance with the Brown Act because (Violation Option 1 it occurred as the culmination of a discussion unlawfully held in closed session) (Violation Option 2 it was the result of one or more non-public serial meetings or discussions of a majority of the members of the (name of legislative body) andor (Violation Option 3 while occurring in an open and public meeting there was no adequate notice to the public on the posted agenda for the meeting that the matter acted upon would be discussed and there was no finding of fact made by the body that urgent action was needed on a matter unforeseen when the agenda was posted)

Government Code Section 549526 defines action taken for the purposes of the Act expansively ie as a collective decision made by a majority of the members of a legislative body a collective commitment or promise by a majority of the members of a legislative body to make a positive or negative decision or an actual vote by a majority of the members of a legislative body when sitting as a body or entity upon a motion proposal resolution order or ordinance

Pursuant to Government Code Section 549601 I demand that the (name of legislative body) cure and correct the unlawfully taken action by (Correction Option 1 rescinding the action taken with notice to all immediately affected persons and providing me and any other person on request copies of all documents prepared for or distributed in the

48


unlawful closed sessionserial meeting) andor (Correction Option 2 rescinding the action taken with notice to all immediately affected persons and if the matter is rescheduled for a future meeting providing adequate description of the matter on that meetingrsquos agenda)

Government Code Section 549601 allows you 30 days from the receipt of this demand to either cure or correct the challenged action or inform me of your decision not to do so If you fail to cure or correct as demanded such inaction may leave me no recourse but to seek a judicial invalidation of the challenged action pursuant to Section 549601 in which case I would seek the award of court costs and reasonable attorney fees pursuant to Section 549605

Very Truly Yours

__________________

Postal AddressE-mail AddressPhone Number

cc Legal counsel for local agency Name of individual or organization awarded any contract as the result of the challenged action if applicable

49


Sample Public Records Act Request

DATE

NAME AND TITLEAGENCYSTREET ADDRESSPO BOXCITY CA ZIP

RE Request pursuant to California Public Records Act (Government Code Section 6250 et seq)

Dear ____________________

This letter is to request (to inspectobtain a copy of) _______

As you probably know the following legal rules apply to this request

Prompt Disclosure Government Code Section 6253 (b) (d)Records not exempt from disclosure are to be made ldquopromptly availablerdquo No provision of the CPRA including the response periods noted below ldquoshall be construed to permit an agency to delay or obstruct the inspection or copying of public recordsrdquo

Deadlines Government Code Section 6253 (c)You are required ldquopromptlyrdquo and in no case more than 10 calendar days from the date of this request to determine and inform me in writing whether you are going to decline all or part of the request and the law(s) that you are relying on unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request to search for collect and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request for consultation which shall be conducted with all practicable speed with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein or to compile data to write programming language or a computer program or to construct a computer report to extract data Your notice must set forth ldquothe reasons for the extension and the date on which a determination is expected to be dispatchedrdquo If you determine that any of the records I

50


have requested are disclosable your written notice must ldquostate the estimated date and time when the records will be made availablerdquo

Constitutional Rule of Interpretation Article I Section 3 (b)The California Constitution requires that the Public Records Act ldquoshall be broadly construed if it furthers the peoples right of access and narrowly construed if it limits the right of accessrdquo This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable

Fees Government Code Section 6253 (b)For copying you may charge only a fee ldquocovering direct costs of duplication or a statutory fee if applicablerdquo ldquoThe direct cost of duplication is the cost of running the copy machine and conceivably also the expense of the person operating it lsquoDirect costrsquo does not include the ancillary tasks necessarily associated with the retrieval inspection and handling of the file from which the copy is extracted North County Parents Organization v Department of Education 23 CalApp4th 144 148 (1994)

Thank you for your prompt attention to this request Please contact me using the information below if you need further clarification

Very Truly Yours

__________________



51


CONTENTS

Meetings of Local Government Bodies and the Brown Act 7


What is the Ralph M Brown Act 7

Which local government ldquolegislative bodiesrdquo does the Brown Act apply to 7

When is there a ldquomeetingrdquo covered by the Act 8

Does the Act allow out-of-town meetings 8

Can the meeting place be relocated for emergencies 9

How must Brown Act bodies publicize their meetings 9

What notice of meetings is required for meetings held on a regular schedule 9

What if action is taken or discussion is undertaken on off-agenda items 9

What are the rules for public notice of special meetings 10

What are the rules for public notice of emergency meetings 10

When can the one-hour notice to the press of an emergency meeting be disregarded 10

When must copies of meeting-related documents be available 10

Must the body allow public comment at regular meetings 11

When may public comment be denied 11

Must the body allow public comment at special meetings 11

May the body limit the time allowed for public comment 11

Must the body permit public comment on any matter 11

May the body forbid comment on certain matters by the public 12

What topics may the body address in closed session 12

What ldquopersonnelrdquo matters does the Act permit the body to discuss in closed session 12

When must an agency employee be alerted concerning a closed session about him or her 13

Besides personnel discussions what are the other most frequent bases for closed sessions 13

2

















a Litigation 20



d Real Property 26








3























1 Money Issues 39


b Loans 39



4










c State Auditor 42


e Grand Juries 43


City Records 43

County Records 43




Introduction 44

Meetings 44

Records 44






5





6









7






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51

















a Litigation 20



d Real Property 26








3























1 Money Issues 39


b Loans 39



4










c State Auditor 42


e Grand Juries 43


City Records 43

County Records 43




Introduction 44

Meetings 44

Records 44






5





6









7






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51























1 Money Issues 39


b Loans 39



4










c State Auditor 42


e Grand Juries 43


City Records 43

County Records 43




Introduction 44

Meetings 44

Records 44






5





6









7






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51










c State Auditor 42


e Grand Juries 43


City Records 43

County Records 43




Introduction 44

Meetings 44

Records 44






5





6









7






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51





6









7






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51









7






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51






8










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51










9











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51











10













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51













11










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51










12








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51








13











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51











14





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51





15










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51










16






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51






17





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51





4 Serial Briefings


18



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51



5 Closed Sessions


19




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51




(1)


(2)




20



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51



21






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51






22









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51









23







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51







24








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51








25






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51






Agency negotiator


26


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51


Negotiating parties


Under negotiation






27












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51












28












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51












29










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



Dear ____________________





50






Very Truly Yours

__________________



51










30






31







32








33








34





35






36








37




38



1 Money Issues


39



2 Integrity Issues



40






41





42






City Records






43









44












45





46



DATE



Dear _______________



Very Truly Yours



47



DATE



Dear _______________






48




Very Truly Yours

__________________



49



DATE



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