Bagley Keene Open Meeting Act presentation

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Olmstead Committee
Bagley-Keene Open Meeting Act
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What is a Meeting?

• Communication among a quorum
• Topic within jurisdiction of the Committee
• Discuss, debate or deliberate

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Purpose

• Public participation in government outweighs
  efficiency
• Receipt, processing and discussion of information
  by a quorum without public participation violates
  the Act

4
Type of Communication

• Clarification of an issue within Committees
  jurisdiction
• Facilitation of an agreement or compromise
• Conversation that advances the resolution of an
  issue
• Any aspect of deliberative process

5
Serial Meetings

• Telephone conversations or e-mails
• Individual contacts involve less than a quorum,
  but ultimately involve a quorum
• Meeting without public participation

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Serial Communication

• Reply All
• Posting the communication that occurs outside of
  a regular meeting does not cure the violation of
  Bagley-Keene.

7
Distribution of Information

• Materials for upcoming meeting
• Include in members meeting packets
• Make available to the public
• No communication on material distributed prior to
  the meeting

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Agenda

• 10 days prior to the meeting
• Agenda items for both open and closed session
• Description of business to be discussed or
  transacted
• Committee may not discuss or act on matters not
  included in the agenda
• New issues raised by public included in next
  agenda

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Work Groups

• Three or more
• Created by action of the Committee or any member
  of the Committee
• Subject to the Act

10
Public records

• Written materials provided to majority of the
  Committee must be made available to the public,
  unless exempt from disclosure under the Public
  Records Act.

11
Social Gatherings

• Conferences, retreats or gatherings attended by a
  quorum of the members
• Avoid discussion of topics within Committees
  jurisdiction

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QUESTIONS?