HomeMy WebLinkAboutMINUTES - 08122008 - C.3A HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Joseph Villarreal, Executive Director
11 ?
DATE: August 12, 2008 C�2
SUBJECT: AMENDMENT TO RALPH M. BROWN ACT
I;
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ACCEPT the attached memo concerning an amendment to the Ralph M. Brown Act from County
Counsel Silvano B. Marchesi:
II. FINANCIAL IMPACT:
None. Informational item only.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The attached memo is being Provided per County Counsel's request. The Housing Authority
currently contracts with the County Clerk's Office to publish the Board's meeting agendas.
Because the Clerk's Office follows the requirements of the County's Better Government Ordinance
to make the agenda and supporting staff reports available to the public at least 96 hours prior to a
regular meeting, the Housing`.Authority is in compliance with this amendment.
IV. CONSEQUENCES OF NEGATIVE ACTION
None. Information item only.
CONTINUED ON ATTACHMENT: YES SIGNATURE Gj
Joseph illarreal,Executive Director
.�/ RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
�j I HEREBY CERTIFY THAT THIS IS A
(V UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED
JOSEP ILLARREAL,
SEC TARY OF
THE BOARD OF COMMISSIONERS
AND EXECUTIVE DIRECTOR
BY TY
H:UudyHayes\MSOFFICE\W iNWORD\BOARD\BO- Memo re Brown Act Amendments 8-08.doc
Office of the County Counsel Contra Costa County
651 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1078
Date: June 3, 2008
To: County Boards, Commissions, and Committees and their Administrative Officers
and Secretaries
Froin: Silvano B. Marchesi, County Counsel M I
By: Mary Ann McNett Mason, Deputy County Counsel ►
Re: Amendment to the Ralph M. Brown Act Effective July 1, 2008
For your information,we summarize a recent amendment to the Ralph M. Brown
Act, the open meeting law, as amended by Statutes of 2007, chapter 298. This amendment is
effective July 1, 2008.
Government Code section 54957.5 has been amended to provide greater access to
public records distributed to a public body within 72 hours of a regular meeting. Two new
requirements are imposed:
1) If a writing a) relates to an open session agenda item on a regular meeting agenda
and b) is distributed to a majority of the public body less than 72 hours prior to that meeting, then
the entity must make the writing available to the public at a specified public office or location
concurrently with distribution of the item to the members of the public body. (Gov. Code, §
54957.5 (b) (1).)
2) Each meeting agenda must specify the location where such writings are available
for public inspection. (Gov. Code, § 54957.5 (b) (2).)
Thus, staff and/or chairpersons must determine where items distributed less than 72
hours before a regular meeting will be made available to the public and must ensure that such
items are placed in that location at the time of distribution. In addition, the following language
should now appear on every meeting agenda:
"Any disclosable public records related to an open session item on a
regular meeting agenda and distributed by the [name of agency, i.e.
County] to a majority of members of the [public body, i.e. Board of
Supervisors] less than 72 hours prior to that meeting are available for
public inspection at [address] during normal business hours."
In addition to making such items available at the specified location,'the body may,
but is not required to, post the items on its website in a way that makes it clear the items are
related to an agenda item for an upcoming meeting. (Gov. Code, § 54957.5 (b) (2).) Please note
County Boards, Commissions and Committees and their Administrative Officers and Secretaries
June 3, 2008
Page 2
that Government Code section 54957.5 does not require the release of records that are exempt
from disclosure under the Public Records Act. (Gov. Code, § 54957.5 (a).)
Inasmuch as the County's Better Government Ordinance requires that the agenda and
supporting staff reports be made available to the public and to the members of the public body at
least 96 hours before a regular meeting, except in very limited circumstances, there should be
few occasions on which a writing is distributed less than 72 hours before a regular meeting.
(Ord., § 25-2.206 (a).) Evert in those rare instances where a body votes to waive the Better
Government Ordinance 96 hour distribution provision, the Brown Act requirements for items
distributed less than 72 hours before a regular meeting continue to apply. (Gov. Code, §
54957.5.)
MAM/am
cc: Members, Board of Supervisors
County Administrator
Attn: Julie Enea, Senior Deputy County Administrator
Department Heads
District Attorney
Attn: Steven.Bolen, Senior Deputy District Attorney