This
summary does not substitute for legal opinion
or serve as an official interpretation of the
statutes. Readers are cautioned to use this summary
information judiciously.
Brown Act Do's
and Don'ts for Academic Senates
Relations with Local Senates
committee
June 1996, Revised June 1998
Brown Act Coverage
The Brown Act applies to the
meetings of all legislative bodies (GC 54952)
which includes:
1. The Board of Trustees
2. Any subcommittee of task force created by the
Board with a majority of Board members
3. Any subcommittee or task force created by the
Board which has a definite, ongoing charge (either
decision-making or advisory) OR has a regular
meeting schedule set by the Board, regardless
of Board membership.
THIS MEANS THAT THE BROWN ACT
APPLIES TO THE ACADEMIC SENATE AND ALL COLLEGE
COMMITTEES RECOGNIZED BY THE BOARD AS ADVISORY
OR DECISION MAKING IN ITS BOARD POLICIES.
A meeting of a legislative body
(GC 54952.2) occurs whenever a majority of members
gather to discuss business within their charge
with the following exceptions. All exceptions
require that a majority of members do not discuss
among themselves any business within their charge.
1. attendance at a conference
2. an open meeting of some other group to address
local issues (even a Board-recognized group under
the definition of "legislative bodies"),
and
3. social gatherings
THIS MEANS THAT A MAJORITY OF SENATE MEMBERS CAN
GO TO CONFERENCES, UNION MEETINGS, OR OTHER GATHERINGS
IF THEY DO NOT DISCUSS SENATE BUSINESS AMONG THEMSELVES.
Agendas
Required: (GC 54954.1 - 3)
Include time and place (must be within district
with some exceptions).
Mail agenda one week before meeting to those who
request it.
Post agenda 72 hours before meeting.
Special meetings require 24 hour notice and are
limited to agenda items.
Senates do not call emergency meetings (which
do not require 24 hour notice).
Allow for public comments before or during discussion
of agenda items (no sign in requirements).
Include all action items on the agenda, with a
brief description.
Recommended:
Use resolution format for action items.
Have a first reading at the meeting before action
is taken.
Sections: approval of minutes and agenda, public
comment, reports (officers, liaisons, committees),
action items (first or second reading), discussion
items (no action)
Meetings
Required: (GC 54952.2, 54953-.6,
54957.5-.9, 54957-.7)
All meetings are open; closed session are for
litigation (the senate is or will be sued), personnel
matters (senate has the responsibility for evaluating
a senate employee) or negotiating with a bargaining
agent (the senate does not do this).
All votes are open; no secret ballots.
Action is limited to those items on the agenda.
Exception: action may be taken on a non-agenda
item, but this requires:
1. that the need for immediate action was discovered
after the agenda was posted, and
2. a vote of two-thirds of all members (not just
those present) or unanimous if less than two-thirds
of members are present.
Members may respond to public comments but not
take action (time limits may be used).
All items distributed by the Senate before or
during meetings must be available to the public
at the meeting (reasonable fees may be charged).
Exception: items under Title 1 Sections 6253.5,
6254, or 6254.7.
Recommended:
Bring extra copies of documents which may have
been distributed at previous meetings and make
these available to the public for discussion of
action items.
If others bring items to distribute, you are not
required to provide public copies immediately,
but offer to send copies later to those who request
them in writing (use a sign-up list).
Be careful what you distribute at meetings-these
are now public documents.
Set time limits for discussion, particularly for
public comments (e.g., 15 minutes total and 3
minutes per person on each action item).
Senates usually allow public comment on agenda
items during the discussion of that item. Use
the public comments section of the agenda for
citizen's items not on the agenda.
Keep discussion within the scope of the agenda
item.
Brown Act Situations
Which of the following are violations
of the Brown Act?
1. A Board member is pushing an issue by calling
each of the other members, one after the other,
to argue for a favorable vote.
2. The college president has lunch with the President
of the Board each Wednesday to talk district business.
3. The majority of the Board members attend the
conference of the California Community College
League.
4. The Board requires members of the public to
sign in before speaking under public comments.
5. Your mailed notice of a regular Board meeting
is postmarked three days before the meeting date.
6. The Board agenda is posted on Saturday at 8:00
a.m., for a Tuesday night board meeting.
7. The president of the academic senate has an
emergency item and decides to poll the executive
officers prior to the regular senate meeting.
8. The Board forms a subcommittee to study a specific
subject and report back to the full board.
9. The administration discusses a management reorganization
in concept with the Board in closed session.
10. During public comment, an issue is raised
and the senate promises to take action but does
not do so with a formal motion.
1) Violates 54952.2. 2) OK.
3) OK if business not discussed: 54952.2c2. 4)
Violates 54953.3. 5) Must be 1 week: 54954.1.
6) OK 72 hrs: 54954.2. 7) Violates 54952.2. 8)
Subject to Brown Act: 54952. 9) Violates 54962.
10) Violates 54854.2: action on non-agenda item.
Open Meeting
Laws In California The Brown Act
Government Code §54950-54960.5
This guide is intended to be
a quick reference on the Brown Act as of February
10, 1996. It does not substitute for research
or consultation with a lawyer on detailed questions.
It is intended to address the most common access
problems, but can't cover everything.
First Amendment Project:
www.well.com/user/fap/index.html
This page maintained by fap@well.com
THE BASICS
Meetings of public bodies must
be "open and public," actions may not
be secret, and action taken in violation of open
meetings laws may be voided (§§54953(a),
54953(c), 54960, 54960.1).
WHO'S COVERED
1) Local agencies, including counties, cities,
school and special districts (§54951).
2) "Legislative bodies" of each agency
are the boards whose meetings are governed by
the Brown Act - the agency's governing body plus
any board, commission, committee, task force or
other advisory body created by the agency, whether
permanent or temporary (§54952(b)). Collectively
these will be called "covered boards."
3) Any standing committee of a covered board,
regardless of number of members (§54952(b)).
4) Nonprofit corporations formed by a public agency
or which includes a member of a covered board
and receives public money from that covered board
(§54952).
5) NOT affected are: meetings of ad hoc, advisory
committees consisting of less than a quorum of
the covered board (§54952(b)); most nonprofit
corporations; courts and court agencies; state
government. (See Bagley-Keene Act for state agencies,
§§ 11120-11132.)
WHAT'S COVERED
A "meeting is any gathering of a majority
of the members of a covered board to hear, discuss,
or deliberate on matters within the agency's or
board's jurisdiction. "Note: no vote or action
is required for the gathering to be a meeting,
nor must the members meet face-to-face (§54962.2).
MEETING RULES
To preserve the public's rights
under the Brown Act, an agency must:
· Post and send notice and an agenda for
any regular meeting (§§54594, 54954.2):
mail notice one week before regular and special
meetings to those who request it (§54954.1):
notice special and emergency meetings (§54956,
§54956.1).
· Notify the media of special or emergency
meetings (§54956, §54956.5); allow media
to remain in meetings, cleared due to public disturbance
(§54957.9).
· Limit action to items on the agenda,
absent special circumstances (§54954.2(a)(b)).
· Hold meetings in the jurisdiction of
the agency except in limited circumstances (§54954(b)(1)-(4),(c),(d),(e)),
and in places accessible to all, with no fee (§54961(A)).
· Do not require a "sign in"
for anyone (§54953.3)
· Allow recording and broadcast of meetings
(§54953.5(a)), and let the public have a
copy of and listen to any recording made by the
agency of its open meetings (§54953.5(b)).
· Allow the public to address the covered
board at regular or committee meetings. On any
item in the agency's jurisdiction (§54954.3(a)).
· Conduct only public votes, with no secret
ballots (§54953(c)).
· Treat documents as public "without
delay," if distribution before or at the
meeting, unless they are also exempt under the
Public Records Act (§54957.5).
WHAT IF…
· A council member is on a board of a nonprofit
corporation - is it covered? YES, if the council
appointed him or her, and funds the corporation
(§54952(c)(2)).
· An agency delegates authority to some
other entity - is that entity covered? YES, if
it was created by the agency's elected body) §54952(b)(c)(1)).
· A council committee meeting has less
than a quorum - is it required to meet openly?
YES, if the committee has either a set meeting
schedule or a continuing subject matter jurisdiction
(§54952(b)).
· A quorum of an agency is at a social
gathering - is that a violation? NO, so long as
the members do not discuss business matters within
their jurisdiction (§54952.2(b)(4)). BUT
regular "social" gatherings like luncheons
are meetings, since it's likely public business
is discussed (43 Opps. Atty. Gen. 36 (1964)).
· Members use individual contacts to collectively
decide an issue - Is that a violation? YES. Information
communicated to a quorum through a series of contacts,
individuals phone calls ("daisy chain"),
or a third person ("spoke and wheel")
to evade the public is a "meeting" (§54952.2(a)(2);
63 Opps. Atty. Gen. 820 (1980); Stockton Redevelop
Agency, 171 CA 3d 95 (1985); Common Cause v. Stirling,
147 CA 3d 518 (1983).
· Agency members attend a conference and
call another member - is this covered? NO, so
long as they do not discuss specific business
matters within their jurisdiction (§54952.2(b)(2),(3)).
· A meeting is held by video-teleconference.
This is ALLOWED, for testimony and deliberation
only, if the public's rights are protected (§54953(b)).
RULES FOR CLOSED MEETING
Closed meetings are the exception,
and permitted only if they meet defined purposes
and follow special requirement (§54953(a),
(c), §54954.5, §54962).
EVEN AT CLOSED SESSIONS:
Special public notice and agenda requirements
apply §54954, 54954.2, 54954.5). All actions
taken and all votes in closed session must be
publicly reported orally or in writing within
24 hours (§54957.1), and copies of any contract
or settlements approved must be made available
promptly (§54957.1(c)).
CLOSED MEETINGS MAY BE HELD
FOR:
PERSONNEL.
Only to discuss the appointment, employment, performance,
evaluation, complaints about or dismissal of a
specific employee or potential employee (§54957).
(The employee may request a public meeting on
any charges or complaints). Closed sessions are
NOT ALLOWED for general employment discussions;
independent contractors not functioning as employees;
salary discussions; any elected official or member
of the covered board; "the local agency's
available funds, funding priorities or budget."
PENDING LITIGATION:
Only if open discussion "would prejudice
the position of the agency in the litigation."
The litigation must be named on the posted agenda
or in open session (§54956.9).
To qualify, the agency must:
· Be a party to pending litigation (§54956.9(a));
· OR expect, based on certain specifies
facts, to be sued (§54956.9 (b)(1), (2));
· OR expect to file suit itself (§54956.9(c
)).
LABOR NEGOTIATIONS
· Only to instruct the agency's negotiator's
on compensation issues (§54957.6). (Note:
school districts are covered by the Rodda Act.)
PROPERTY NEGOTIATIONS
· Only to discuss, with an agency's bargaining
agent, price or payment terms. The parcel name
of the prospective seller or purchaser must be
on the agenda. Final price and payment terms must
be disclosed when the actual lease or contract
is discussed for approval (§54956.8).
OTHER
· Other closed meetings include license
and permit applications for people with criminal
records (§54958.7); threats to public services
or facilities (§54957); Insurance pooling
(§54956.95).
WHAT TO DO IF:
A MEETING IS CLOSED THAT SHOULD BE OPEN
· Refuse to leave, and use this Guide to
check the law, to protest and enforce all notice
requirements
· Leave only of ordered by law enforcement
· Call your editor or lawyer at once
AN ILLEGAL CLOSED MEETING HAS BEEN HELD
· Ask participants what happened, and get
reports of actions taken and copies of contracts
approved.
· Call first Amendment Project, (http://www.well.com/user/fap/index.html),
Society of Professional Journalists (http://town.hall.org/places/spj)
or California First Amendment Coalition (http://ccnet.com/CSNE/cfac.html).
· Write a story or letter to the editor
about it
· Contact the District Attorney under §54980(a)
against violations or a "gag rule" imposed
on a body's members.
· A court may:
o Force the agency to make and preserve tapes
of closed sessions (§54960(b));
o Declare actions taken null and void (§54960.1)
o Award costs and attorneys fees (§54960.5).
Government Code on Public Meetings
The Ralph M. Brown Act
Some relevant sections of the Government Code
54951 As used in this chapter. "local agency"
means a county, city, whether general law or chartered,
city and county, town, school district, municipal
corporation, district, political subdivision,
or other local public agency.
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 funds
provided by such agency, whether such board, commission,
committee, or other body is organized and operated
by such local agency or by private corporation.
54952.2 As used in this chapter,
"legislative body" also means any board,
commission, committee, or similar multimember
body which exercises any authority of a legislative
body lo a local agency delegated to it by that
legislative body.
Meetings of the academic senate
or faculty council of a California community college
are subject to the open meeting requirements of
the Ralph M. Brown Act (Section 54950 et seq).
[66 Ops. Atty. Gen. 252, 7-28-83]
54953 (a) 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 legislative body
of the local agency, except as otherwise provided
in this chapter.
(b) Not with standing any other provision of law,
the legislative body of a local agency may use
video teleconferencing for the benefit of the
public or the legislative body of a local agency
in connection with any meeting or proceeding authorized
by law. The use of video teleconferencing, is
authorized by this chapter, shall be limited to
the receipt of public comment or testimony by
the legislative body and to deliberations of the
legislative body. If the legislative body of a
local agency elects to use video teleconferencing,
it shall post agenda at all video teleconference
locations and adopt reasonable regulations to
adequately protect the statutory or constitutional
rights of the parties or the public appearing
before the legislative body of a local agency.
The term "video teleconference" shall
mean a system which provides for both audio and
visual participation between all members of the
legislative body and the public attending a meeting
or hearing at any video teleconference location.
This section shall remain in effect until January
1, 1994, and on that date is repealed unless a
later enacted statute, which is chaptered before
January 1, 1994, deletes or extends that date.
54952.6 as used in this chapter,
"action taken" means a collective decision
by the 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.
54953.5 Any person attending
an open and public meeting of a legislative body
of a local agency shall have the right to record
the proceedings on a tape recorder in the absence
of a reasonable finding of the legislative body
of the local agency that such recording constitutes,
or would constitute, a disruption of the proceedings.
The Brown Act requires
1. Agendas posted at least 72 hours before a regular
meeting. Agenda must contain a brief general description
of each item of business to be transacted or discussed
at the meeting. (54954.2)
2. No action shall be taken on any item not appearing
on the posted agenda except for emergencies, in
instances where two-thirds of the legislative
body (or all if less than 2/3 are present) determine
that the need for action arose after the agenda
was posted, or the item was posted for a prior
meeting not more than five calendar days prior
to the meeting and the item was continued to the
meeting at which action is to be taken. (54954.2)
3. Meetings of public agencies be open and public
(54952.3, 54953)
4. Notice of meetings must be delivered to those
requesting notice at least 24 hours before the
time of such meeting (54952.3)
5. If regular meetings are held, they must be
provided for in bylaws or some other rules of
the body. In this case, no other notice is required.
(54952.3)
6. Special meetings may be called by the presiding
officer, or by a majority vote of the members
of the legislative body. Only business described
in the notice of the meeting can be considered.
(54956)
Note: failure of any person
to receive notice does not constitute grounds
for any court to invalidate the actions of the
legislative body for which the notice was given.
(54954.1)
M. Hittelman
4/18/91
Defining
And Understanding The Role Of The Academic Senate
Excerpts From Title 5
SECTION 53200 DEFINITIONS
Academic Senate means an organization whose primary
function is to make recommendations with respect
to academic and professional matters.
Academic and Professional matters means the following
policy development and implementation matters:
1. Curriculum, including establishing prerequisites.
2. Degree and certificate requirements.
3. Grading policies.
4. Educational program development.
5. Standards or policies regarding student preparation
and success.
6. College governance structures, as related to
faculty roles.
7. Faculty roles and involvement in accreditation
processes.
8. Policies for faculty professional development
activities.
9. Processes for program review.
10. Processes for institutional planning and budget
development.
11. Other academic and professional matters as
mutually agreed upon.
Consult Collegially means that
the district governing board shall develop policies
on academic and professional matters through either
or both of the following:
1. Rely primarily upon the advice and judgment
of the academic senate, OR
2. The governing board, or its designees, and
the academic senate shall reach mutual agreement
by written resolution, regulation, or policy of
the governing board effectuating such recommendations.
SECTION 53203 POWERS
A) The governing board shall adopt policies for
the appropriate delegation of authority and responsibility
to its college academic senate.
B) In adopting the policies
described in section (a), the governing board
or designees, shall consult collegially with the
academic senate.
C) While consulting collegially,
the academic senate shall retain the right to
meet with or appear before the governing board
with respect to its views and recommendations.
In addition, after consultation with the administration,
the academic senate may present its recommendations
to the governing board.
D) The governing board shall
adopt procedures for responding to recommendations
of the academic senate that incorporate the following:
1. When the board elects to
rely primarily upon the advice and judgment of
the academic senate, the recommendation of the
senate will normally be accepted, and only in
exceptional circumstances and for compelling reasons
will the recommendations not be accepted.
2. When the board elects to
provide for mutual agreement with the academic
senate, and an agreement has not been reached,
existing policy shall remain in effect unless
such policy exposes the district to legal liability
or fiscal hardship. In cases where there is no
existing policy, or when legal liability or fiscal
hardship requires existing policy to be changed,
the board may act, after a good faith effort to
reach agreement, only for compelling legal, fiscal,
or organizational reasons.
E) An academic senate may assume
such responsibilities and perform such functions
as may be delegated to it by the governing board.
F) The appointment of faculty
members to serve on college committees shall be
made, after consultation with the chief executive
officer or designee, by the academic senate.
SECTION 55002: STANDARDS AND
CRITERIA FOR C OURSES AND CLASSES
(1) Curriculum Committee. The college and/or district
curriculum committee recommending the
course shall be established by the mutual agreement
of the college and/or district administration
and
the academic senate. The committee shall be either
a committee of the academic senate or a
committee that includes faculty and is otherwise
comprised in a way that is mutually agreeable
to the college and/or district administration
and the academic senate.
EDUCATION CODE: Selected Passages Specifying the
Roles of the Academic Senate
SECTION 70902 (b)(7) GOVERNING
BOARDS; DELEGATION
The governing board of each district shall establish
procedures to ensure faculty, staff, and students
the opportunity to express their opinions at the
campus level, and to ensure that these opinions
are given every reasonable consideration, and
the right of academic senates to assume primary
responsibility for making recommendations in the
areas of curriculum and academic standards.
SECTION 87359 (b) WAIVER OF
MINIMUM QUALIFICATIONS; EQUIVALENCY
The agreed upon process shall include reasonable
procedures to ensure that the governing board
relies primarily upon the advice and judgment
of the academic senate. The process shall further
require that the governing board provide the academic
senate with an opportunity to present its views
to the governing board before the board makes
a determination.
SECTION 87360 (b) HIRING CRITERIA
Hiring criteria, policies, and procedures for
new faculty members shall be developed and agreed
upon jointly by the representatives of the governing
board and the academic senate.
SECTION 87458 (a) ADMINISTRATIVE
RETREAT RIGHTS
The agreed upon process shall include reasonable
procedures to ensure that the governing board
relies primarily upon the advice and judgment
of the academic senate. The process shall further
require that the governing board provide the academic
senate with an opportunity to present its views
to the governing board before the board makes
a determination.
SECTION 87610.1(a) TENURE EVALUATION
PROCEDURES
The faculty's exclusive representative shall consult
with the academic senate prior to engaging in
collective bargaining regarding those procedures.
SECTION 87663 (f) EVALUATION
PROCEDURES
The faculty's exclusive representative shall consult
with the academic senate prior to engaging in
collective bargaining regarding those procedures.
SECTION 87743.2 FACULTY SERVICE
AREAS
The exclusive representative
shall consult with the academic senate in developing
its proposals with regards to faculty service
areas.
