HomeMy WebLinkAboutAgenda Packet - LB - 1974.09.17 AGENDA
September 17, 1974
TRUSTEES PRESENT:
TRUSTEES ABSENT:
BILLS :
Warrants: $10,448. 11
Special Fund: 2,461 .48
MINUTES OF THE MEETING OF AUGUST 20, 1974.
LIBRARIAN 'S REPORT:
CORRESPONDENCE:
Mrs. Joyce Y. Guerber, 14 Arundel Road, Burlingame, California
Burlingame Convalescent Hospital , Burlingame, California
OLD BUSINESS :
Easton Drive Branch
Change in time of Library Board meetings.
NEW BUSINESS:
ADJOURNMENT:
NEXT MEETING SCHEDULED FOR OCTOBER 15, 1974. 19 74
JANUARY FEBRUP RY. MAR(N
5 . T W T 5 M W T S M T W I S
1 2
6 7 10 1112 3 4 5 1 8 9 3 1 5 7 89
13 11 yA6 17 16 19 19 It ;3 Id 15 16 :0 11 �3 IC 15 l6
20 7' .2 23 21 25 26 II :y� _ 21 22 23 17 t )2;21 22 231
27 629 30 31 2, c t!28 2a �0 21 28:9 30'1
APRIL MAY l JUNE
1 2 3 6I l 3 / 1
7 8 h' 12 I7I 5 6 7 x d 10 11 2 3 / 5 T 8
11 IS IB I9 20 l? 13 .� L6 1! l81 9 10 ' 13 11 15
21 22 21 25 26 2] I', 1�2 3 2<25�16 17` :'9 20 21 22
I28 30 25 3 30 31 23 26 17 28 29
JULY AUGUST i SEPTEMBER
1 2 3 5 6 7 1 2 3 1 5 6 7
7 8 1 11 11 / 5 6 7 9 IQ 8 9 �yyyy 11 12 13 11
11 V I8 19 201 II 1?;' I5 l5 I7 IS 8 A 20 21
7l 22 11 25 26 ZI IB C• J 127 21 11 22 23 2S 26 21 2B
28 30 3i 25 A 29 30 it 29 30
OCTOBER NOVEMBER DECEMBER
1 7.2 3 1 5 6 7
6 T 9 Iv 11 12 3 1 5 6 7 6 9 -8 9} 11 12 A 11 l
13!1 16 17 IB 19 10 Il}:,13 11 IS 15 iS if fll?A 19 20 21
20 7 123 21 25 76 II I- :0 1121"7J 17 23 25 16 21 28
21 28 19 30 31 11 /S 2/20 29 w ."1 30 11
MINUTES OF THE MEETING
OF THE
BURLINGAME PUBLIC LIBRARY BOARD
August 20, 1974
CALL TO ORDER:
The regular meeting of the Burlingame Public Library Board was called to order by
Chairman Pro Tem Cohendet on the above given date at 5:05 P.M.
ROLL CALL:
Trustees Present: Trustee Cohendet, Trustee DeMartini, Trustee Lynes, Trustee Phelan
Trustees Absent: Trustee Hechinger, excused, surgery
Also Present: Mrs. Patricia M. Bergsing, Assistant City Librarian
BILLS:
Special Fund bills in the amount of $679.52 and warrants totaling $8,162.43 were paid
on a motion by Trustee DeMartini, seconded by Trustee Phelan, and carried by those
Trustees present.
MINUTES:
The minutes of the meeting of July 16, 1974, were approved and ordered filed.
LIBRARIAN'S REPORT:
The Librarian's Report was read and discussed.
OLD BUSINESS:
Easton Drive Branch: The Librarian reported that remodeling has begun at the Branch
Library. The interior remodeling is scheduled to be completed by the end of September,
however, it is doubtful that furnishings will arrive in time. The roof of the main
section of the building will be completely redone and the furnace will be relocated.
He also stated that it will be necessary to close the Branch Library for one week
(September 2nd through September 9th) for painting and construction.
NEW BUSINESS: None
ADJOURNMENT:
As there was no further business, the meeting was adjourned at 5:45 P.M. on a motion by
Trustee DeMartini, seconded by Trustee Lynes, with the next Board meeting scheduled for
September 17, 1974.
Respectfully submitted:
C ) i
George Paul Lechich
Clerk of the Board
After adjournment, discussion was held regarding the changing of the Board meeting time.
Since Trustee DeMartini was not in attendance at the July 16th meeting at which the time
was changed to 5:00 P.M., he commented that this hour was not convenient for him except
during summer months. This item will be discussed at the meeting of September 17th,
when all Trustees will be present.
LIBRARIAN'S REPORT
September 17, 1974
Despite the fact that the circulation decreased 3%, the daily traffic at the
Main Library increased from 865 to 1,000. This may be partly due to the in-
creased use of the- Reference Department . During the month of August 1974, they
answered 229 more questions than in the same month in 1973. The listening
equipment was also used 81% more than the same period last year, though they
only circulated 1 more record than in last August .
The number of PLS patrons have increased from 2, 194 as of August 1973 to 3, 116.
It will be interesting to note the results of the patron survey as to the
number of PLS patrons who shop in Burlingame. The tabulation of these results
has not as yet been completed.
CHILDREN'S DEPARTMENT:
Our summer activities - Summer Reading Club, pre-school and primary crowd programs -
concluded on a party note. On Tuesday, August 20th, a party was held for those who
completed the Summer Reading Club at the Burlingame Recreation Center. Entertain-
ment was provided by Cantini , the Magician, and refreshments, ice cream and cookies
were served. The Summer Reading Club and party were sponsored by the Burlingame
Lions Club. There was a Pooh Honey-Tasting Party for the primer crowd people.
That the programs offered are appreciated was shown by one of our patrons who made
a gift of $15 towards the purchase of a book in the names of her two daughters who
enjoyed the books and special programs.
Looking forward to the school year, there are two major projects which will be
undertaken. In the fall , arrangements are being made to have P.T.A. meetings
at our library. The purpose being to introduce the parents to the facility and
resources available not only to their children but themselves. Then in the spring,
we are planning to have another author ' s festival in cooperation with the schools.
L.O.V.E. PROJECT:
Mrs. Joy Molder, who was nominated to act as chairman of the PLS LOVE Committee,
held another LOVE Committee meeting to distribute the cassettes to the PLS member
libraries. Mrs. Molder reported to the committee that LOVE funds not encumbered
stood at $8,000, and that the California State Library wished not to have the
money returned. The committee is currently working on suggestions for use of the
funds.
Two projects currently underway by the committee are: 1 ) an extended loan policy
for PLS-owned films and 2) a uniform policy of PLS Outreach service.
STATISTICS FOR AUGUST 1974
C IRCULATION
MAIN BRANCH
Books, Adult Non-Fiction 9,072 921
Child Non-Fiction 1,082 595
Adult Fiction 9,686 2,286
Child Fiction 22 5, 378
TOTALBOOKS. . . . . . . . . . .... . . . . . . . . . .
Periodicals 1,295 507
Subtotal . . . . .. . . . . . . . . . . .23 577. . . . . .. . . . . . . . . .5,687
Phonograph Records 1, 131 -
Slides 1 -
Art Prints 32 -
Cassettes 79 -
Films 50 -
Equipment Loaned 1 -_
TOTALCIRCULATION. . . . . .. . . . . . .24,871 . . . . . . . . . . . . . . . .5,687
GRAND TOTAL CIRCULATION, BRANCH & MAIN. . . . . . . . . . . .30, 558 (1973 Circ: 31,335 - 3/ Decrease)
Average Daily Circ., Main: 858
Average Daily Circ., Branch: 211 .
TOTAL DAILY CIRC . AVERAGE. .. . . . .1 ,079
TRAFFIC :
Total Traffic, Main : 28,988 Daily Average Traffic, Main: 1,000
Total Traffic, Branch: 6,090 Daily Average Traffic, Branch: 338
TOTAL TRAFFIC. . . . . . ..35,0 T TOTAL DAILY AVERAGE. . . . . . . . . 1,338
REFERENCE STATISTICS:
Reference Requests Total : 1, 168 ILL Activity Incoming: 245 A/V USE TALLY:
Activity on Requests Total : 100 ILL Activity Outgoing: 143 Microfilm Use: 2
Reference Total . .. . . . . a . . . 1,,2 8 ILL Activity Total . . .-3-87 A/V Equip. Use: 133
GRAND TOTAL REFERENCE ACTIVITY: 1 ,632 TOTAL A/V USE. .. . 135
REGISTRATIONS: ADULT CHILD TOTAL
Membership 7/31/74 15,055 3,66 17,399 PLS PATRONS
Additions - August 1974 377 48 425 TO DATE: 3, 116
Withdrawals - August 1974 323 40 363 Increase of: 73
TOTAL REGISTRATIONS - 8/31/74 15, 109 3,352 1 , 1
ACCESSIONS & WITHDRAWALS OF BOOK STOCK: AS OF CAN- GRAND TOTAL AS
7/31/74 ADDED CELLED OF 8/31/74
Adult Non-Fiction 116,920 604 150 117,374
Child Non-Fiction 16,839 129 66 16,902
Y.A. Non-Fiction 2,915 16 5 2,926
Adult Fiction 40,303 289 36 40, 556
Child Fiction 13,064 124 501 12,687
Y.A. Fiction 2,308 12 1 2,319
192,349 1,171+ 759 192-�
Net Increase in Book Stock: 415
Included in above figures: 45 gift books and 630 new books
Pamphlets Added: 133 Maps Added: 0
Pamphlets Discarded: 21 Maps Discarded: 0
TOTAL. . . 1-017-93- TOTAL. . . . . .9-9
RECORDINGS : AS OF 7/31/74 ADDED DISCARDED AS OF 8/31774
78's -�1T+ - 0 0
33 's 3,339 41 24 3,356
Cassettes 229 0 0 229
�-•�
TOTALS : 7,-372- +411 2T+ +1 ,399
DEPOSITED WITH CITY TREASURER: MAIN: 1 , 132.89
BRANCH: 205.36
TOTAL: 1 ,33 .25
CITY Or BURLINGAME
BUDGET EXPENDITURE
SEPTEMBER, 1974
TI-IIS TO BUDGET
MONTH DATE ALLOW. BALANCE
S-1 Salaries 286, 170
M-11 Supplies 832.35 1,317. 17 2,700 1,382.83
M-12 Postage & Printing 105. 16 2, 513.92 3,900 1 ,386.08
M- 13 Light, Water, Heat & Power 657.28 2, 119.07 8,900 6,780.93
M-14 Telephone 132.93 395.91 1,500 1, 104.09
M-16 Maintenance 190.47 709.83 4,800 4,090. 17
M-17 Books & Maps 4,831 .22 14,481 .21 52,275 37,793.79
11-17A Periodicals 124.72 2, 547.86 4,900 2052. 14
M-178 Binding 180. 18 363.38 2, 150 1,786.62
M-17C Cataloging 178.68 470.27 2,350 1,879.73
M-19 Convention -0- -0- . 275 275.00
M-19A Auto Allowance 88.43 99.37 275 175.63
M-19P Personnel -0- 50.00 300 250.00
M-19T Trustees -0- -0- 250 250.00
M-20 Dues to Library Associations 20.00 32.00 325 293.00
M-21 Miscellaneous 6.69 6.69 100 93.31
M-24 Typewriter Repairs -0- -0- 350 350.00
M-27 Compensation Insurance -0- -0- 2,000 2,000.00
M-28A Contracts 700.00 2,053.88 8,400 6046. 12
M-28B PLS Contract 2,400.00 2,400.00 2,400 -0-
C-90 Capital Expenditures -0- -0- 600 600.00
TOTAL BEFORE SALARIES 10,448.11 29, 560.56 98,750 69, 189.4i}
\%'-"TOTAL AFTER SALARIES 384,920
SACRAMENTO 95814
1108 "0" STREET
' n ,� t 9 K� (916) 444-5790
i t�f % ' `;� 3 C9 t `; ;_�E'• CALIFORNIA
�tD1 Z +�+a+ct1W, ii U CITIES F3ERKFLEY 94705
/// tHOTEL L'LAREh10 NT
5 f �—.L�.-� 11 Q {^ G CL C Il :/iOrt l{ (415) f343-30133 ,
I TOGETHER
LOS ANGELES 90017
702 HILTON CENTER
1213) 624-4934
JSacramento, Ca. 95814
July 5, 1974
To: Mayors, City Managers, City Clerks and City Attorneys
Subject: Open Public Meetings -- Brown -Act
We recently had occasion to review the requirements of the Ralph M. Brown Act and
in doing so had an opportunity to consider a current analysis prepared by Frank
Gillio, City Attorney of Los Altos Hills and Millbrae. Because of the importance
of the open meeting requirements of the Brown Act and because of the severity of
the penalties involved, we believe it is desirable that all city officials be
familiar with its provisions and urge that city attorneys reviewing a copy of the
enclosed analysis recommend that copies be run for each member of the city council.
In the December 1973 report of the U.S. Senate Committee on Government Operations
on "Confidence and Concern: Citizens View American Government," the concluding
sentence of the report states: "But if independence marks the American spirit
still, the people also display a concern for their community that can only be
L- mobilized by leadership that welcomes citizen participation and trusts the people
with the truth." As Thomas Fletcher, President of the National Training and Develop-
ment Service, Washington, D.C. , said: "The key to that conclusion is that in
order to do it, everyone must participate in the decision process." This can only
be accomplished in a truly open government.
There are very few exceptions to the open meeting requirements of the Brown Act
and Mr. Gillio discusses them in some detail. In our opinion, executive sessions
may not be held to consider so-called "personnel" matters. The term is too loose
and too broad because the Brown Act only permits an executive session to consider
the appointment, employment or dismissal of a public officer or employee or to hear
complaints or charges brought against such officer or employee. It also permits
a legislative body to meet in executive session with its designated representative
prior to and during labor negotiations to discuss salaries, salary schedules and
fringe benefits when necessary to review the city's position and instruct such
representative. These are very specific exceptions. There are several others
which the analysis discusses. Thus, in giving notice to news media of a proposed
executive session, the notice should be in the language of the statute and not
simply that a so-called "personnel" matter is to be discussed.
In addition to attaching a copy of Frank Gillio's analysis, we have also attached
a copy of the Brown Act which we hope will be helpful to you in the conduct and
notice of your meetings.
Richard Carpenter
`�-- General Counsel
RC:mvb
Enclosures
Open Public Meetings
Requirements of the Ralph M. Brown Act and Exceptions Thereto
by
Frank Gillio
City Attorney of
Los Altos Hills and Millbrae
The Brown Act, described as th, strictest open meeting law in
the United States, requires that meetings of each of the following
be opan and public without any restriction on the right of the public
to attend:
1. The City Council,
2. City Boards or Commissions,
3 . Adviscry Committees , or
4 . Any ether body on which city officers serve in their
official capacity and which is supported partially or totally by
city funds.
5. Any private nonprofit organization receiving public
money pursuant to the Economic Opportunity Act of 1904 .
S.- 6 . Any nonprofit corporation created by one or more
public agencies who also appoint the board of directors and whose
purpose relates to acquisition, construction, reconstruction, main-
tenance or operation of any public work project.
The requirement that meetings be open to the public does not
apply to meetings of committees of a City Council consisting of less
than a quorum of its members.
Executive or pr=onnel sessions from which members of the public
and press are barred may be held during a regular or special meeting
for the following purposes:
1. To consider the employment or dismissal of a public officer
or employee, or to hear charges brought against such a person, unless
the officer or employee in question requests a public hearing;
2. To discuss with the City Attorney litigation pending, proposed,
or 1-:nticipat•2d, when^ a public discussion would benefit the City' s
adversary and be detrimental to the public.
3 . To meet with the Attorney General , District Attorney, Sheriff
or Chief of Police (or th-ir deputies) on matters "posing a threat to
the socuri `% of public. buildings or a threat to the public ' s right of
acces_, to public Services or public facilities . "
4. To instruct city representatives concerning salaries , salary
schedules, or compensation paid in the form of fringe benefits prior
to or during negotiations with employee organizations.
5. To negotiate and discuss with employee organization repre-
sentatives following the intervention of a State labor conciliator
in a labor dispute.
6. To consider matters affecting the national security, in the
case of a body operated by a private corporation on which city
officers serve in their official capacity and which is supported
partially or totally by city funds.
In addition, if any meeting is willfully interrupted by a group
or groups of persons so as to render the orderly conduct of such
meeting unfeasible and order cannot be restored by the removal of
individuals who are willfully interrupting the meeting , the members
of the body conducting the meeting may order the meeting room cleared
and continue in session. Only matters appearing on the agenda may
be considered in such a session. Duly accredited representatives
of the press or other news media, except those participating in the
disturbance, shall be allowed to attend any such session. The body
may establish a procedure for readmitting an individual or individuals
not responsible for willfully disturbing the orderly conduct of the
meeting.
Each body subject to the Brown Act is forbidden from conducting
any meeting, conference, or other function in any facility that pro-
hibits the admittance of any person, or persons, on the basis of
race, religious creed, color, national origin, ancestry, or sex.
Attendance at a meeting in violation of the Brown Act where
action is taken and with knowledge of the fact that the meeting is
in violation of the Act, carries criminal penalties.
The term "action is taken" means
1. A. collective decision made by a majority of the members,
or
2 . A collective commitment or promise by a majority of the
members to make a positive or a negative decision, or
3. An actual vote by a majority of the members when sitting
as a body on a motion, proposal, resolution, order or ordinance.
The stated purpose of the Brown Act is to insure that public
commission, boards and councils, and other public agencies in the
State of California conduct their deliberations and take their
actions openly.
-2-
ANALYSIS:
Unless otherwise indicated, all references are to the Government
~` Code of California.
OPEN MEETING REQUIREMENT
The Brown Act (Secs . 54950 to 54961 , incl. ) requires that all
meetings of the "legislative body" of a city, among others, be open
and public and all persons be permitted to attend, with exceptions
discussed later (Sec. 54953) .
The right of the public to notice of and to attend meetings
without restrictions has been jealously guarded.
A San Diego City Council rule was declared invalid which required
citizens who desired to attend "Council conferences" to register with
the City Clerk and identify the groups they represented, the agenda
item in which they were interested, and whether they were trying to
influence the passage or defeat of such legislation. Persons attending
such "Qquncil conferences" were required to agree to remain silent
unless requested to speak (27 Ops. Cal.Atty. Gen. 123 - 1956) . The
State Legislature in 1957 amended the Act to conform to this opinion
and to provide that a member of the public cannot be required as a
condition to attending a meeting to register his name and other
information, to complete a questionnaire , or otherwise to fulfill any
�. condition which is a condition precedent to his attending the meeting
(Sec. 54953. 3) .
All that is required under the Brown Act is that meetings be
open and public and all persons permitted to attend. It does not
explicitly or impliedly infer a right to broadcast meetings. It is
within the discretion of a County Board of Supervisors to refuse to
permit a radio station to broadcast its regular meetings (38 Ops.
Cal. Atty. Gen. 52 - 1961) .
A Council rule prohibiting the use of tape -recorders or mechanical
devices in the Council Chambers to obtain tapes or recordings of
council proceedings was held to be invalid (elevens v. City of Chino
1965 - 233 CA 2d 775) , the court noting that the device could be
operated without noise or interference with council proceedings, and
that the rule bars "what clearly should be permitted in making an
accurate record of what takes place at such meetings. "
The open meeting requirement extends beyond meetings of the
city council . Since the Act was adopted in 1953 , the definition of
a "legislative body" has been expanded to include, in addition to
the City Council , the following: .
1. A planning co•mmission, library board, recreation commission
and other permanent city boards or commissions (Sec. 54952 . 5) .
-3-
2. Any advisory commission, advisory committee or advisory
board, whether created by charter, ordinance, resolution, or any
similar formal action of the city council (Sec. 54952 . 3) .
3. Any board, commission, committee, or other body on which
city officers serve in their official capacity as members and which
is supported in whole or in part by city funds, whether the parti-
cular body is organized and operated by the city or by a private
corporation (Sec. 54952) .
4. Any private nonprofit organization receiving public money
pursuant to the Economic Opportunity Act of 1964 (Sec. 54951.1) .
5. Any nonprofit corporation created by one or more public
agencies who also appoint the board of directors and whose purpose
relates to acquisition, construction, reconstruction, maintenance
or operation of any public work project (Sec. 54951 . 7) .
However, meetings of a committee composed solely of members of
the governing body (City Council) which are less than a quorum of
such governing body are excluded from the open meeting requirement
(Sec. 54952 . 3) .
Special provisions simplifying the operation of advisory
/ committees should be noted. The procedural provisions of the Act
(fixing time of meetings, notice of adjourned or special meetings,
or continuance of hearings) do not apply to advisory committees.
If regular meetings are held, it is only necessary to provide in
the by-laws or in the committee rules for their time and place.
The Act does not apply to committee meetings held outside of the
City if necessary in order to gather facts or other information.
In the absence of regular meetings notice of a meeting when held
is required to be delivered personally or by mail twenty-four hours
in advance to each person who has requested, in writing, such notice.
The Act does not apply to advisory committees which are created
informally (Sec. 54952 . 3) .
Under the Civic Center Act (Education Code Sec. 16556 , et seq)
an organization using a public school facility may not exclude the
general public or use the school facilities for private or closed
meetings or recreational activities. The general public may not be
excluded from attending and observing the meetings or recreational
activities (52 Ops . Cal. Atty. Gen. 220 - 1969) .
PENALTY AND REMEDIES
FOR VIOLATION
It is important to determine whether the Brown Act applies to
a particular meeting because of the penalty provided. Each member
of the Council or of a board, commission, or committee, who attends
-4-
r
• F
t
r
a meeting "where action is taken in violation of any provisions (of
the Brown Act) with knowledge of the fact that the meeting is in
violation thereof" is guilty of a misdemeanor (Sec. 54959) . The
term "action taken" is defined in Section 54952 .6 to mean:
"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 legis-
lative body to make a positive or a negative decision, i
or an actual vote by a majority of the members of a E
legislative body when sitting as a body or entity, upon
a motion, proposal, resolution, order or ordinance. " F
The criminal penalty added in 1961 is limited to a meeting at
which "action" is taken (Sacramento Newspaper Guild v. Sacramento
County Board of Supervisors - 1968 - 263 CA 2d 41 , 48 holding that
"the misdemeanor penalty of the Brown Act is focused on the meeting
where action is taken, not on the meeting confined to deliberation") .
However, any interested person may commence a civil action in
the Superior Court (Mandamus, Injunction or Declaratory Relief) to
stop or prevent either a violation or a threatened violation of the
Brown Act, or to determine whether the Act applies to "actions or
threatened future action" (Sec. 54960) .
The validity of the actions taken at a meeting claimed to have
been held in violation of the Brown Act, nevertheless, have been
held by the courts not to be affected.
Violations of the Brown Act even if true as charged would not
invalidate a comprehensive zoning ordinance (Claremont Taxpayers
Association v. City of Claremont - 1963 - 223 CA 2d 589 , 593-594) .
Even if a Police Commission regulation requiring police officers
(off duty or on duty in civilian dress) to be equipped with a revolver
was passed secretly, the regulation would not be invalidated (Stribling
v. Mailliard - 1970 - 6 CA 3d 470, 474) .
Answering claims that a violation of the Brown Act occurred by
reason of telephone contact among the members of a Redevelopment
Agency and holding of one or more meetings concerning qualifications
of proposed redevelopers prior to a joint public study session of
the Council and Agency, the Court (Old Town Development Cor oration
v. The Urban Renewal Agency of the City of Monterey - 1967 - 249 CA
2d 313 , 329) alt`r noting that there was no allegation that the "action
taken" in adopting each resolution determining which was the qualified
proposal and setting a hearing on land disposition was not at a public
meeting, held:
-5-
"Insofar as the allegations suggest that there was
'a collective commitment or promise by a majority of the
members of (the Agency) to make a positive or negative
decision' on the matters in question, in violation of
the Brown Act, it would not invalidate the action sub-
sequently taken. . . . (The) contentions regarding pur-
ported violations of the Brown Act . are unavail-
ing, because, even if true, the ordinance would not be
invalidated. "
WHAT IS A MEETING?
As frequently pointed out, one of the problems connected with
application of this Act is its failure to define the word "meeting"
(36 Ops Cal Atty Gen 175 - 1960) . Both Attorney General and the
Courts have discussed what constitutes a "meeting" .
93Construed in the light of the Brown Act ' s objectives, the term
meeting" extends to informal sessions or conferences designed for
the discussion of public business. By the specific inclusion of
committees and their meetings, the Brown Act demonstrates its
general application to collective investigatory and consideration
activity stopping short of official action. (Sacramento Newspaper
Guild v. Sacramento County Board of Su ervisors - 1968 - 263 CA 2d
41 , 49, 51 involving a luncheon meeting attended by the entire
Board of Supervisors, other county officers , and members of the
Central Labor Council AFL - CIO, at which the social workers union
strike against Sacramento County was discussed, and to which
newspaper reporters were denied admission. The Court held the
luncheon to be a meeting within the meaning of the Act. )
The Brown Act does govern regularly held luncheon meetings by
members of one or more City Councils with representatives of certain
civic associations to discuss items of area importance (school and
airport facilities , water supply, sewage disposal and beach erosion) ,
and at which a City Council regularly schedules attendance as a
group (43 Ops . Cal . Atty. Gen. 36 - 1964 ) . The public is entitled
to notice of and the right to attend such meetings because even
though no decisions or agreements to make decisions were made at
such informal luncheon sessions , the nature of such meetings and
perhaps their true purpose and design was to provide a forum for
the free exchange of information and ideas on items of area importance
with a view toward obtaining a general consensus which in turn would
provide the bases for fruitful "action" by the legislative bodies.
However, mere socias attendance by a majority of a Council at luncheons
or dinners given by civic or fraternal organizations , such as the
Rotary, Kiwanis, Lions, Optimists, Elks or Moose, does not constitute
a meeting of the City Council subject to the Act.
-6-
The Brown Act does not apply to special committees or sub-
committees consisting of less than a quorum of the members of the
legislative body (e.g. City Council) which created them, because
the necessity and opportunity for full public deliberation by the
legislative body still remains . The Act does apply to a committee
composed of a majority or more of the members of the legislative
body (32 Ops . Cal . Atty. Gen. 240 - 1958) .
The requirements of the Brown Act cannot be avoided by the use
of the device commonly known as a "committee of the whole" (27 Ops.
Cal. Atty. Gen. 123 - 1956) .
In 1963 the Attorney General (42 Ops . Cal. Atty. Gen. 61) held
that there is no statutory authority for excepting "informal sessions"
from the application of the Brown Act. In holding that the- public
was entitled to notice of and to attend briefing sessions held in
the City of Lodi 30 minutes prior to scheduled public meetings in
the City Manager ' s conference chambers, the Attorney General noted
that the requirement that meetings be open and public had been
interpreted as including discussion sessions within the term
"meetings" . The right to notice and to attend a meeting is not
dependent on whether "action" is taken or whether the members of
the governing body do or do not intend to take action. The term
"all meetings" previously was interpreted as encompassing more than
just meetings at which formal action was taken. The references in
the Brown Act concerning "action taken" relate only to the imposition
of criminal penalties on the members of legislative bodies . These
`- provisions are separate and distinct from those provisions giving
the people the right to notice of and attendance at all meetings of
the legislative body.
A hearing officer appointed under a grievance procedure established
by an agreement to hear charges preferred against a city employee who
demanded that the hearing be opened to the public is not required to
conduct a public hearing.
The single "hearing officer" who functions by himself is not a
"legislative body" nor is the hearing a "meeting" within the meaning
of the Brown Act. " . . . a hearing conducted by a single individual
(is not required to) be opened to the public. . . " under the Act.
Sections of the Act defining "legislative body" use words all of
which import the involvement of more than one person, and conventional
definitions of "meeting" refer to the presence of more than one person
Olilsbn v. San Francisco Municipal Railway - 1973 - 29 CA 3d 870 ,
876-881) .
A meeting of a local admissions committee of the County Super-
intendent of Schools ' office to review the application of an edu-
cationally handicapped child to attend special education classes is
not subject to the Brown Act because the committee is not a legislative
body of .a local agency within the meaning of the P.ct by reason of being
an advisory arra or adjunct to a single county officer (56 Ops. Cal .
Atty. Gen. 14 , 16 - 1973) .
- 7 -
The earliest California appellate court decision interpreting
�- what is a meeting under the Brown Act, as well as other of its
provisions, was Adler v. City Council of the City of Culver Cit
(1960) 184 Ca 2d-763 . It is not referred to in this opinion because
it is largely outdated. As the Attorney General (42 Ods. Cal. Atty.
Gen. 61 - 1963) has noted, "at the legislative sessions immediately
following the Adler case, the Legislature enacted many amendments
to the Brown Act plainly designed to counteract and overcome . .
.
aspects of the decision in Adler . . . " . The District Court of
Appeal in 1968 (Sacramento newspaper Guild v. Sacramento County Board
of Supervisors - 263 CA 2d 41, 47) stated:
"Instead of appraising the accuracy of Adler as an
interpretation of the pre-1961 law and analyzing the
1961 amendments so far as they bear upon Adler, we
prefer to interpret the public meeting provision (of
the Brown Act) by examining the current enactment of
which it forms a part. "
EXCEPTIONS TO THE OPEN
MEETING REQUIREMENT
There are several exceptions to the strict rule of the Brown Act
that all meetings shall be open and public, and all persons be per-
mitted to attend. These exceptions appear in the Brown Act itself or
have been created by interpretation of both the appellate courts and
the Attorney General.
An executive session may be held during a regular or special
meeting
1. with the Attorney General , district attorney, sheriff or
chief of police, or their deputies , "on matters posing a threat to
the security of public buildings or a threat to . the public ' s right
of access to public services or public facilities; or
2. to consider the appointment , employment or dismissal of a
public officer or employee, or to h-ar complaints or charges brought
against an officer or employee, unless the officer or employee requests
a public hearing (Sec. 54957) .
A board, commission, committee, or other body organized and
operated by a private corporation on :which city officers serve in
their official capacity as members and which is supported in whole
or in part by city funds , may hold executive sessions concerning:
1. Matters affecting the national security, or
2 . The appointment, employment or dismissal of an officer or
employee or to hear complaints or charges brought against an officer
or employee, unless the officer or employee requests a public hearing
(Secs. 54952 , 54957) .
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In either of the foregoing cases during the examination of a.
witness, any or all other witnesses in the matter being investi-
gated may be excluded whether the meeting is being conducted as a
public or private one.
The City Council may hold an executive session with its City
Attorney to discuss litigation pending, proposed, or anticipated.
The authorities are cited under the topic "Litigation" .
A City Council may hold executive sessions with its designated
representatives prior to and during consultations and discussions
with employee organization representatives concerning salaries,
salary schedules or compensation paid in the form of fringe benefits
in order to review the city' s position and instruct its representatives
(Sec. 54957 . 6) .
A city council may negotiate and discuss with representatives of
employee organizations during an executive session held after the
intervention of a state labor conciliator as authorized by law with-
out violating the Brown Act, because the records of the Department
of Industrial Relations are confidential . If the confidentiality
required by law is to be maintained , the deliberations which the
records memorialize must also be privileged and confidential . The
purpose of the statute (Labor Code Sec . 65) is to prevent the dis-
closure of what transpires during conciliation, proceedings . (51 Ops
Cal Atty Gen 201 - 1968) . The labor negotiations exception appearing
in the Brown Act (Sec. 54957 . 6) refers to a city council holding
executive sessions with its representatives. The most recent
exception found by the Attorney General refers to an executive
session with representatives of the employees.
EXECUTIVE SESSIONS
The right to hold an executive session to consider "personnel"
matters is described as a narrow exception and certain rules have
been laid down.
An executive session may be held only during a regular or special
meeting for which adequate notice has been given as required by the
Brown Act (43 Ops. Cal . Atty. Gen. 79 - 1964) .
The appointment of a Councilman to fill an existing vacancy during
an executive session following which no public vote is taken by the
Council in connection with the appointment is proper because executive
sessions may be held to con:Dider the appointment of a public officer,
among other things . - The word "consider" includes the right to act
in the matter of appointment of an officer (40 Ops . Cal. Atty. Gen.
4 - 1962) .
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The right to hold an executive session for the appointment of
a public officer extends to the choosing by a public body of its
own officers and is not restricted to the appointment of some person
to a separate position or group (Edgar v. Oakland Museum Advisory
Commission - 1973 - 36 CA 3d 73 , 76) .
Neither members of the press nor any other individuals who are
not witnesses in the matter being investigated may be admitted to
an executive session because the Brown Act "does not permit exceptions
to be made for one or members of the press or for any other member
of the public" . There is no authorization for a "semi-executive"
session to which only particular members of the public, selected or
approved by the public body are permitted to attend. The entire
purpose for authorizing executive sessions , namely, secrecy, con-
fidentiality, and absence of publicity, would be rendered nugatory
by permiqrting individuals other than members of the public body involved
to attend executive session (46 Ops . Cal. Atty. Gen. 34 - 1965) .
j The Brown Act permits a closed session to consider the dismissal
of an officer or employee unless such officer or employee requests a
public hearing. In a dismissal matter the Council ' s action was
sufficient even though not done in an open public meeting (Cozzolino
V_ City of Fontana - 1955 - 136 CA 2d 608 , 612) .
The Brown Act does not require publication of a detailed agenda
specifying termination of an employee ' s contract as a matter to be
considered at an executive session (Lucas v. Board of Trustees of
Armijo Joint Union High School District - 1971 - 18 Ca 3d 988 ,992) .
The general rule is that an employee may request a public hearing
rather than an executive session. The employee has no right to
require a closed meeting. Unless the employee has asked for a
public meeting the discretion lies with the governing body as to
whether the hearing shall be public or private. (44 Ops. Cal. Atty.
Gen. 147 - 1964) .
Minutes of executive sessions concerning discussions or action
on personnel matters are not available for public inspection. They
may be made public by the determination of a majority of the govern-
ing body to make all or any portion of the minutes of an executive
session public as they deem appropriate regardless of the concurrence
of the parties involved. To require that the minutes of an executive
session must be open to public inspection would destroy the very
purpose of the exception contained in the Brown Act (44 Ops. Cal .
Atty. Gen. 147 - 1954) .
When a school district employee requested a public hearing in a
personnel matter and the governing board held an executive session
prior to the second public hearing in order to review the answers
given during the first public hearing, the employee claimed that
since he had requested a public hearing it was improper to consider
any phase of the matter in an executive session. The court held
-10-
that if there was a technical violation of the Brown Act, it in no way
prejudiced the employee ' s rights and did not invalidate the Board' s
action because the Board did not take any action or hear any
additional evidence (Huntington Beach Union High School Dist v.
Collins - 1962 - 202 CA 2d 677 , 682) .
A discussion during an executive session of the qualifications
of two persons to continue as radiologists which was followed by an
open meeting during which one agreement relating to radiology services
was terminated and another approved, was held not to violate the Brown
Act because the discussion during an executive session of the personal
qualifications of the two men in question came within the "closed
session exception" provided in the Brown Act (Letsch v. Northern
San Diego County Hospital Dist - 1966 - 246 CA 2d 673 , 677-678) .
LITIGATION
Meetings of a City Council with its City Attorney for the purpose
of general discussion and consideration of problems confronting the
Council, including legal problems , are subject to the Brown Act.
The holding of an executive session with the City Attorney to consider
litigation pending or threatened originally was approved by the
Attorney General.
The public interest with which the Brown Act is concerned does
`- not require conferences between a City Council and its City Attorney
held solely to discuss litigation (including condemnation of property)
pending, proposed or anticipated, to be open to the public where a
public discussion of .such matters would redound to the benefit of the
city' s adversary and to the detriment of the public (36 Ops . Cal. Atty.
Gen. 175 - 1960) . The Attorney General was quick to point out that
. in the normal relation between a City Council and its City
Attorney where the City Council seeks the legal advice of the City
Attorney as to the legal effect of matters pending before the City
Council, such meetings must be open to the public. " .
This opinion was reinforced in 1963 when the Attorney General
(42 Ops . Cal. Atty. Gen . 61) stated that meetings of a City Council
with the City Manager, City Attorney, and Planning Director are
subject to the open meeting requirements of the Brown Act unless
the subjects under discussion involve matters within the executive
session exception (Sec. 54957) , or are the subject of then current
or pending litigation within the narrow limits carefully outlined
in the 1960 opinion.
The first judicial sanction of this excerption came in a case
in which the District Court of Appeal permitted a Board of Super-
visors to confer with its attorney under conditions in which the
lawyer-client privilege would obtain (Sacramento Newspaper Guild
y. Sacramento County Board of Supervisors - 1967 - 255 CA 2d 51) .
• -11-
However, the definitive approval of a public body' s right to
meet with its attorney in an executive session under the appropri-
ate circumstances came one year later in Sacramento Newspaper Guild
y. Sacramento County Board of Supervisors (1968) 263 CA 2d 41 , 52-55 .
A privilege attaches to confidential lawyer-client communications
which is just as available to public agency clients and their lawyers
as to their private counterparts. The Evidence Code distinctly includes
public agencies among the clients who may assert this privilege. The
privilege serves a policy assuring private consultation. If client
and counsel must confer in public view and hearing, both privilege
and policy are stripped of value. After noting that the statutory
lawyer-client privilege of public agencies actually predates the
Brown Act, the Court concluded that the public meeting requirement
in the Brown Act did not abrogate by implication the statutory policy
assuring opportunity for private legal consultation by public agency
clients. Government should have no advantage in legal strife; neither
should it be a second-class citizen.
PROCEDURAL RULES
CONCERNING MEETINGS
A meeting is not required to be held within the boundaries of
the territory over which a particular public body exercises juris-
diction unless the law under which the City or other local public
agency was formed provides otherwise (Sec. 54954) .
�.. The Merced City Charter requires that all City Council meetings
be held in the Council Chambers in the City Hall (Merced Charter
Sec. 409) . Notwithstanding that notice was given of Council dinner
meetings held in local restaurants and which were attended by the
press, such meetings at which there was a discussion or deliberation
concerning public business, were held to be a violation of the Brown
Act. While the Charter requirement concerning the place of holding
meetings was controlling, it should be noted that such gatherings
were held to be "meetings" within the decision of the Sacramento
Newspaper Guild case discussed previously . c4eetings of Councilmen
with other municipal , county or statewide legislative bodies or
officials for the discussion of matters of coicunon interest, wherever
held, were excepted (Linton v. City Council - 1968 - Merced County
Superior Court No. 37039) .
A number of procedural rules also are laid down in the Brown Act.
It requires that the time and place of regular meetings be set by
ordinance, resolution, or by-laws. A regular meeting falling on a
holiday is to be held on the next business day. In case of an
emergency, the presiding officer may designate another meeting place
(Sec. 54954) . Any type of meeting may be adjourned to a time and
place specified, or by the clerk or secretary in the absence of all
members, in which case written notice must be given in the same manner
as provided for special meetings . A copy of the order or notice of
adjournment is required to be posted at the place where the meeting
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t
t
f
i
was held within 24 hours thereafter. If the order fails to state the
hour at which the adjourned meeting is to be held, it shall be held
at the hour specified for regular meetings (Sec. 54955) . A hearing
may be continued in the same manner as a meeting may_Ue adjourned,
but if it is continued less than 24 hours after the time specified
in the order or notice of hearing, a copy of the continuance order :
or notice must be posted immediately following the meeting (Sec.
54955. 1) .
r
Notice of a special meeting, which may be called by the presiding
officer or a majority of the members , is required to be delivered
personally or by mail to each member and to each local newspaper,
radio, or television station which has requested notice in writing,
at least 24 hours prior to the time of the special meeting. The
. business to be transacted must be specified in addition to the time
and place, and no other business may be considered. Written notice
may be dispensed with as to any member who files a written waiver of
notice at or prior to the time of the special meeting. Any waiver
may be given by telegram. Written notice may be dispensed as to ,any
member who is actually present when the meeting convenes (Sec. 54956) .
The required notice to news media of special meetings must be
actually delivered at least 24 hours before the time of such meeting
to those media who have requested notice in writing. Deposit of
such a notice in the mail is not sufficient (53 Ops. Cal. Atty. Gen.
�. 246 - 1970) .
Any property owner within a District (but not a city) may request
in writing mailed notice of every regular or special meeting (Sec.
54954 . 1) . The detailed requirements to be complied with by the District
are set forth in the statute.
The right to notice of special meetings has been strongly upheld.
As early as 1858 the State Supreme Court (County of Eldorado v. Reed
- 11 C 130) held that the business of the Supervisors is required to
be transacted at the regular meetings provided by law, and the public
is entitled to notice of the business proposed to be transacted at
special meetings.
The press may require twenty-four hours advance notification of
any special meeting of the whole public agency, but such notice is
not .required as to any regular or adjourned regular meeting. The
minutes of a regular or special meeting of the legislative body of
a local public agency are public records open to inspection (32 Ops .
Cal . Atty. Gen. 240 - 1953) .
MISCELLANEOUS PROVISIONS
In 1970 the State Legislature added several provisions to the
Brown Act.
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Every local agency within the purview of the Brown Act is
forbidden from conducting any meeting, conference, or other
`-- function in any facility that prohibits the admittance of any
person, or persons, on the basis of race, religious creed, color,
national origin, ancestry, or sex (Section 54961) .
"In the event that any meeting is willfully interrupted by a
group or groups of persons so as to render the orderly conduct of
such meeting unfeasible and order cannot be restored by the removal
of individuals who are willfully interrupting the meeting, the
members of the legislative body conducting the meeting may order
the meeting room cleared and continue in session.
Only matters appearing on the agenda may be considered in such
a session. Duly accredited representatives of the press or other
news media, except those participating in the disturbance, shall be
allowed to attend any session held pursuant to this section. Nothing
in this section shall prohibit the legislative body from establishing
a procedure for readmitting an individual or individuals not respon-
sible for willfully disturbing the orderly conduct of the meeting"
(Section 54957 . 9. ) .
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BROIM ACT - Council Meetings
(Government Code)
54950. In enacting this chapter, the Legislature finds and declares that the
public commissions, boards and councils and the other public agencies in this State
exist to aid in the conduct of the people's business. It is the intent of the law
that their actions be taken openly and that their deliberations be conducted open-
ly.
The people of this State do not yield their sovereignty to the agencies which
serve them. The people, in delegating authority, do not give their public servants
the right to decide what is good for the people to know and what is not good for
them to know. The people insist on remaining informed so that they may retain con-
trol over the instruments they have created.
54950.5. This chapter shall be known as the Ralph M. Brown Act.
54951. As used in this chapter, "local agency" means a county, city, whether
general law or chartered, city and county, town, school district, municipal corpora-
tion, district, political subdivision, or any board, commission or agency thereof,
or other local public agency.
54951. 1. For the purposes of this chapter, and to the extent not inconsistent
with federal law, the term "local agency" shall include all private nonprofit or-
ganizations that receive public money to be expended for public purposes pursuant
to the "Economic Opportunity Act of 1964".
5495:. 7. "Local agency" includes any nonprofit corporation, created by one or
more public agencies, whose board of directors is appointed by such public agencies
and which is formed to acquire, construct, reconstruct, maintain or operate any
public work project.
54952. As used in this chapter, "legislative body" means the governing board,
commission, directors or body of a local agency, or any board or commission thereof,
and shall include any board, commission, committee, or other body on which officers
of a local agency serve in their official capacity as members and which is supported
in whole or in part by finds provided by such agency, whether such board, commis-
sion, committee or other body is organized and operated by such local agency or by
a private corporation.
54952.3. As used in this chapter, "legislative body" also includes any advi-
sory commission, advisory committee or advisory body of a local agency, created by
charter, ordinance, resolution, or by any similar formal action of a governing
body of a local agency.
Meetings of such advisory commissions, committees or bodies concerning sub-
jects which do not require an examination of facts and data outside the territory
of the local agency shall be held within the territory of the local agency and
shall be open and public, and notice thereof must be delivered personally or by
mail at least 24 hours before the time of such meeting to each person who has re-
quested, in writing, notice of such meeting.
3/74
If the advisory commission, committee or body elects to provide for the hold-
ing of regular meetings, it shall provide by bylaws, or by whatever other rule is
utilized by that advisory body for the conduct of its business, for the time and
place for holding such regular meetings. No other notice of regular meetings is
required.
"Legislative body" as defined in this section does not include a committee
composed solely of members of the governing body of a local agency which are less
than a quorum of such governing body.
The provisions of Sections 54954, 54955, 54955. 1, and 54956 shall not apply
to meetings under this section.
54952.5. As used in this chapter, "legislative body" also includes, but is
not limited to, planning commissions, library boards, recreation commissions, and
other permanent boards or commissions of a local agency.
54952.6. As used in this chapter, "action taken" means 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 a negative decision, or an actual vote by a majority of the members of a legis-
lative body when sitting as a body or entity, upon a motion, proposal, resolution,
order or ordinance.
54953. All meetings of the legislative body of a local agency shall be open
and public, and all persons shall be permitted to attend any meeting of the legis-
lative body of a local agency, except as otherwise provided in this chapter.
54953. 3. A member of the public shall not be required, as a condition to
attendance at a meeting of a legislative body of a local agency, to M gister his
name and other information, to complete a questionnaire, or otherwise to fulfill
any condition precedent to his attendance.
54954. The legislative body of a local agency shall provide, by ordinance,
resolution, bylaws, or by whatever other rule is required for the conduct of busi-
ness by that body, the time for holding regular meetings. Unless otherwise pro-
vided for in the act under which the local agency was formed, meetings of the legis-
lative body need not be held within the boundaries of the territory over which the
local agency exercises jurisdiction. If at any time any regular meeting falls on
a holiday, such regular meeting shall be held on the next business day. If, by
reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in
the place designated, the meetings may be held for the duration of the emergency
at such place as is designated by the presiding officer of the legislative body.
54954. 1. The legislative body of any district which is subject to the provisions
of this chapter shall give mailed notice of every regular meeting, and any special
meeting which is called at least one week prior to the date set for the meeting, to
any owner of property located within the district who has filed a written request for
such notice with the legislative body. Any mailed notice required pursuant to this
section shall be mailed at least one week prior to the date set for the meeting to
which it applies except that the legislative body may give such notice as it deems
practical of special meetings called less than seven days prior to the date set for
the meeting.
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Any request for notice filed pursuant to this section shall be valid for one
year from -the date on which it is filed unless a renewal request is filed. Renewal
�- requests for notice shall be filed within 90 days after January 1 of each year. Any
request for notice, or renewal request, filed pursuant to this section shall contain
a description of the property owned by the person filing the request. Such descrip-
tion may be in general terms but shall be sufficient enough to readily identify such
property.
The legislative body may establish a reasonable annual charge for sending such
notice based on the estimated cost of providing such a service.
54955. The legislative body of a local agency may adjourn any regular, ad-
journed regular, special or adjourned special meeting to a time and place specified
in the order of adjournment. Less than a quorum may so adjourn from time to time.
If all members are absent from any regular or adjourned regular meeting the clerk
or secretary of the legislative body may declare the meeting adjourned to a stated
time and place and he shall cause a written notice of the adjournment to be given
in the same manner as provided in Section 54956 for special meetings, unless such
notice is waived as provided for special meetings. A copy of the order or notice
of adjournment shall be conspicuously posted on or near the door of the place
where the regular, adjourned regular, special or adjourned special meeting was held
within 24 hours after the time of the adjournment. When a regular or adjourned
regular meeting is adjourned as provided in this section, the resulting adjourned
regular meeting is a regular meeting for all purposes. When an order of adjournment
of any meeting fails to state the hour at which the adjourned meeting is to be held,
it shall be held at the hour specified for regular meetings by ordinance, resolution,
L by law, or other rule.
54955. 1 . Any hearing being held, or noticed or ordered to be held, by a legis-
lative body of a local agency at any meeting may by order or notice of continuance
be continued or recontinued to any subsequent meeting of the legislative body in the
same manner and to the same extent set forth in Section 54955 for the adjournment
of meetings- provided, that if the hearing is continued to a time less than 24 hours
after the time specified in the order or notice of hearing, a copy of. the order or
notice of continuance of hearing shall be posted immediately following the meeting
at which the order or declaration of continuance was adopted or made.
54956. A special meeting may be called at any time by the presiding officer
of the legislative body of a local agency, or by a majority of the members of the
legislative body, by delivering personally or by mail written notice to each mem-
ber of the legislative body and to each local newspaper of general circulation,
radio or television station requesting notice in writing. Such notice must be de-
livered personally or by mail at least 24 hours before the time of such meetings as
specified in the notice. The call and notice shall specify the time and place of
the special meeting and the business to be transacted. No other business shall be
considered at such meetings by the legislative body. Such written notice may be
dispensed with as to any member who at or prior to the time and meeting convenes
files with the clerk or secretary of the legislative body a written waiver of
notice. Such waiver may be given by telegram. Such written notice may also be
dispensed with as to any member who is actually present at the meeting at the time
it convenes.
—3— 3/74
54957. Nothing contained in this chapter shall be construed to prevent the
legislative body of a local agency from holding executive sessions with the Attorney
General, district attorney, sheriff, or chief of police, or their respective dep-
uties, on matters posing a threat to the security of public buildings or a threat
to the public's right of access to public services or public facilities, or from
holding executive sessions during a regular or special meeting to consider the ap-
pointment, employment or dismissal of a public officer or employee or to hear com-
plaints or charges brought against such officer or employee by another public
officer, person or employee unless such officer or employee requests a public hear-
ing. The legislative body also may exclude from any such public or private meeting,
during the examination of a witness, any or all other witnesses in the matter being
investigated by the legislative body.
Nothing in this chapter shall be construed to prevent any board, commission,
committee, or other body organized and operated by any private organization as de-
fined in Section 54952 from holding executive sessions to consider (a) matters
affecting the national security, or (b) the appointment, employment or dismissal of
an officer or employee or to hear complaints or charges brought against such officer
or employee by another officer, person, or employee unless such officer or employee
requests a public hearing. Said body also may exclude from any such public or pri-
vate meeting, during the examination of a witness, any or all other witnesses in
the matter being investigated by the legislative body.
54957.6. Notwithstanding any other provision of law, a legislative body of a
local agency may hold executive sessions with its designated representatives prior
to and during consultations and discussions with representatives of employee organi-
zations regarding the salaries, salary schedules, or compensation paid in the form of
fringe benefits of employees in order to review its position and instruct its desig-
nated representatives.
54957.9. In the event that any meeting is wilfully interrupted by a group or
groups of persons so as to render the orderly conduct of such meeting unfeasible
�-- and order cannot be restored by the removal of individuals who are wilfully inter-
rupting the meeting, the members of the legislative body conducting the meeting may
order the meeting room cleared and continue in session. Only matters appearing on
the agenda may be considered in such a session. Duly accredited representatives
of the press or other news media, except those participating in the disturbance,
shall be allowed to attend any session held pursuant to this section. Nothing in
this section shall prohibit the legislative body from establishing a procedure for
readmitting an individual or individuals not responsible for wilfully disturbing
the orderly conduct of the meeting.
54958. The provisions of this chapter shall apply to the legislative body of
every local agency notwithstanding the conflicting provisions of any other state
law.
54959. Each member of a legislative body who attends a meeting of such legis-
lative body where action is taken in violation of any provision of this chapter,
with knowledge of the fact that the meeting is in violation thereof, is guilty of
a misdemeanor.
54960. Any interested person may commence an action by mandamus, injunction
or declaratory relief for the purpose of stopping or preventing violations or
threatened violations of this chapter by members of the legislative body of a local
agency or to determine the applicability of this chapter to actions or threatened
future action of the legislative body.
54961. No local agency shall conduct any meeting, conference, or other func-
tion in any facility that prohibits the admittance of any person, or persons, on
the basis of race, religious creed, color, national origin, ancestry, or sex. This
section shall apply to every local agency as defined in Section 54951.
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