AGENDA TITLE:
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Discussion Regarding City Council Regular and Special Meetings and Permissible Closed Session Topics.
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MEETING DATE:
February 19, 2025
PREPARED BY:
City Attorney, City Clerk, and City Manager
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RECOMMENDED ACTION:
Discussion Regarding City Council Regular and Special Meetings and Permissible Closed Session Topics.
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BACKGROUND INFORMATION:
REGULAR MEETINGS:
The Ralph M. Brown Act, State of California Government Code Sections 54950-54963, provides local agencies with the rules and regulations to conduct business, elected officials acting as the legislative body. Section 54953 states, “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 a local agency, except as otherwise provided in this chapter.” A meeting is defined as, “…any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body,” per Section 54952.2.
NOTICING REQUIREMENTS FOR REGULAR MEETINGS:
Noticing requirements for regular meetings are set forth in Section 54954.2, requiring local agencies to post an agenda at least 72 hours before the regular meeting, “…containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.” The agenda must also include the day, time and location of the meeting, while being posted in a publicly accessible location and on the local agency’s website.
CLOSED SESSION SUBJECT MATTERS:
The Brown Act provides specific exceptions to the open meeting requirements to allow matters to be discussed outside of the public eye in Closed Session. These allowed topics are defined in Sections 54954.5, and 54956.9-54957, which includes: License/permit determination; conference with real property negotiators; conference with local counsel regarding existing or anticipated litigation; liability claims; threat to public services or facilities; public employee appointment; performance evaluation or discipline/dismissal/release; public employment; labor negotiations; case review/planning; report involving trade secret; hearings; charge or complaint involving information protected by federal law; conference involving a joint powers authority; audit by California State Auditor’s Office; and security threats.
SPECIAL MEETINGS:
Government Code Section 54956 states that special meeting notices must be received at least 24 hours before the meeting and specifies the business to be transacted or discussed. The Section also states, “No other business shall be considered at these meetings by the legislative body.” Therefore, non-agenda public comment is not permitted at special meetings.
STRATEGIC VISION:
All.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.
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Katie O. Lucchesi
City Attorney
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Olivia Nashed
City Clerk
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Scott R. Carney
City Manager