1	Board and Commission Member Training Presented by: Susan Gorin, Mayor Jeff Kolin, City Manager Chuck Regalia, Community Development Director Caroline Fowler, City Attorney Susan Stoneman, City Clerk
2	Welcome Mayor Susan Gorin
3	Overview of Today’s Training Handbook Organizational Overview Brown Act/Agendas/Minutes Conflicts of Interest Your Board or Commission – Breakouts Wrap-up Q&A
4	Organizational Overview Jeff Kolin, City Manager
5	Organizational Values We are committed to a creative process which develops mutual respect and pride in ourselves and the community. To this end, we value: Provide Quality Service Encouraging Accessibility, Open Communication and Participation in Decision Making Seeking and Celebrating Diversity Developing an Environment of Mutual Trust, Fairness, Sensitivity and Dignity Promoting Confidence in the Individual Capabilities and Cooperation Throughout the Organization; and Adapting to the Changing Circumstances of the Community.
6	The Basic Principles Focus on the situation, issue or behavior, not on the person. Maintain the self-confidence and self-esteem of others. Maintain constructive relationships. Take initiative to make things better. Lead by Example
7	Role of Boards and Commissions Policy is decided by City Council. Boards and Commissions are established to gain counsel and input from qualified citizens on particular areas of decision-making. Members are not selected to represent a business, district, or organization. Each member, and the body as a whole, is concerned with the general public good. Where personal interest conflicts with the general welfare of the public, the latter must prevail.
8	Your responsibilities Understand the Role and Scope of Responsibility of your Board/Commission Be Careful to Properly Represent the Board/Commission Be Concerned with the Entire Community Keep the Lines of Communication Open Be Conscious of Your Relationship to the City Council and City Staff
9	Your responsibilities (continued) Establish a Good Working Relationship with Other Board/Commission Members Be Prepared to Vote Responsibilities will be further explained in breakout sessions
10	Do’s! Do your homework! Raise questions with staff before the meeting. Consult with the City Attorney early if you have a conflict of interest. Avoid surprises. Remember you are a commission for the "whole." Watch out for "bumping" into another advisory body, and resolve it early on if you do. For quasi--judicial bodies, you are required to publicly disclose "special" field visits and applicant contacts. Actively participate in all advisory body matters, not just the ones you're most interested in. In making recommendations to Council, think through long-term and "ripple" effects. Treat others as you want to be treated. Participate in training opportunities when available.
11	Don’ts! 1. Not show up! 2. Fail to prepare. 3. Dominate or pontificate. 4. Appeal to the audience and/or media. 5. Cut off or interrupt others. 6. Amend a motion to soften it and then not vote for it. 7. Commit to a position before the meeting. 8. Pressure your colleagues to take a position before the meeting. 9. Tell others they are wrong. 10. Criticize staff in public.
12	Council Policy 000-03: Presentations to Boards, Commissions and Council No member of any Board, Commission or the City Council shall appear before any body of the city of Santa Rosa representing a client or other third party. A member may represent him/herself when necessary before a City body. Does not apply to a sole practitioner who would be forced to refuse or represent a client or resign his office.
13	Questions
14	THE BROWN ACT AGENDAS & MINUTES Open Meetings for Local Legislative Bodies California Government Code Sections 54550-54963
15	Purpose and Scope The purpose of the Brown Act is to curb misuse of the democratic process by preventing secret legislation by public bodies.
16	What An Official Needs to Know Which actions can be violations of the Brown Act, subject to criminal penalties and civil injunctions.
17	Legislative Bodies Subject to the Brown Act City Council Council Standing Committees Advisory Boards and Commissions Other Commissions/Committees Section 5492
18	What Is a Meeting? Any congregation of a majority of the members at the same time and place. Activities include: the hearing, discussion or deliberation upon any matter under jurisdiction. Section 54952.2 (a)
19	Serial Meetings The act expressly prohibits serial meetings that are conducted through direct communications, personal intermediaries or technological devices such as e-mail for the purpose of developing a concurrence as to action to be taken. Section 54952.2 (b)
20	What Is a Serial Meeting? A series of communications, each of which involves less than a quorum, but when taken as a whole involve a majority of members.
21	Examples of Serial Meetings Member A talks to Member B and then Member A talks to Member D about the same topic, etc. Member A talks to Member B, who then talks to Member C about the same topic, etc. ‘Reply All’ E-mail messages
22	Serial Meetings (Cont’d) Ways to develop a concurrence through Serial Meetings: Substantive conversations among members concerning an agenda item prior to a public meeting. Conversations that advance or clarify a member’s understanding of an issue, or facilitate an agreement or compromise among members. Section 54952.2 (b)
23	What Are Informal Gatherings? Meetings held outside of the formal time and space that do not follow the official procedure. Informal gatherings are subject to the Brown Act IF issues under the subject matter jurisdiction of the body are discussed or decided by the members of the body. Section 5492.2 (c)
24	Informal Gatherings Include: Luncheon meetings between members of one or more legislative bodies and representatives of civic associations. Retreats, if discussion includes procedures, moral, communication among board members/staff. Collective briefings involving a majority of the body in the same place and time. http//www/cacities.org/doc.asp?id1102 Liebert Cassidy Whitmore: Public Meeting Law p 5
25	Attendance of Majority of the Board at Informal Gatherings Is OK Sometimes Conferences Open & publicized meetings Meetings of another public agency Purely social or ceremonial meetings Attending Committee meetings (if attended as an observer) Section 54942.2 ©
26	Appropriate Communications: Public Comment Public Testimony Before or during consideration of each agenda item, the public must be given an opportunity to comment on the item. When a member of the public raises an issue that is not on the agenda, the item may be briefly discussed to the following extent . . . Section 54954.3
27	Responding to Public Comment: Issues Not on the Agenda The Chair may briefly respond to statements made or questions asked Ask question for clarification Make a brief announcement Make a brief report on a Board member’s activities Section 54954.2 (a)
28	Responding to Public Comment: Issues Not on the Agenda Refer the speaker to staff Refer the speaker to appropriate reference material Request staff to report back at a future meeting Direct staff to place the matter on a future agenda Section 54954.2 (a)
29	Action By Board Action is: A collective decision by majority of the Board A collective commitment by a majority of the Board A collective promise by a majority of the Board The decision commitment or promise may be to make a positive or negative decision or to do nothing Section 54952.6
30	Information at Meetings Information given to a majority of the members of the legislative body in connection with an open meeting must be equally available to members of the public. Information from staff to Board must be given to the members of the public at the same meeting. Section 54957.5
31	Information at Meetings (Cont’d) Documents given to Board before the meeting must be made available for public inspection prior to commencement of the meeting. If information is given during the meeting but prior to discussion, the information must be made public prior to and during the discussion. Section 54957.5
32	Penalties and Remedies Penalties and Remedies provided by the Legislature to combat violations of the act include: Criminal penalties Civil injunctive relief Award of attorney’s fees Actions taken in violation of Brown Act may be declared null and void by a court. Sections 54960.1(A) (a) and 54960.5
33	Regular Meetings: Notice and Agenda Requirements Agenda must contain a brief general description of each item to be discussed or acted upon at the meeting. 20 words or less is sufficient. Items discussed in closed session should be included. Posted at least 72 hours prior to the meeting in a location that is accessible to the public 24 hours a day.
34	Meeting Minutes Minutes of all meetings are kept as the official record of business transacted. Minutes include a brief summary of the item and a record of the legislative actions from the meeting. They do not include what is said by individual commission members, or members of the public. Minutes of a Public Hearing list only the names of the individuals who spoke and their position. Minutes are approved at regular meetings of the body and become the official record of its activities. Any corrections to the minutes may be made in public meetings, with approval of the majority of the body. If a member of the public submits a document to the body during a meeting, staff files it with the meeting packet.
35	Questions regarding the Brown Act
36	Conflict of Interest FPPC Training (tentative): Wednesday, February 25, 2009; 10:00 a.m.-12:00 p.m; City Council Chambers Ethics Training: May14, 2009 10:00 a.m.-12:00 p.m; City Council Chambers
37	Statement of Economic Interests Form 700 Who must file Types of Statements Where to file When to file
38	Statement of Economic Interests Form 700 Disclosure Categories Reportable Investments Income reporting Real property interests and investments Loan reporting Registered domestic partners Gift and Honoraria Prohibitions
39	Do you have a conflict of interest? Fair Political Practices Act Government Code 1090 Common Law Conflict of Interest
40	Fair Political Practices Act You have a conflict of interest if it is likely that the outcome of the decision will have an important impact on your economic interests, and a significant portion of your jurisdiction does not also feel the important impact on their economic interests.
41	Do I have a conflict of interest? This law applies only to financial conflicts of interest; that is, conflicts arising from economic interests. Whether you have a conflict of interest that disqualifies you depends on the facts of each governmental decision. The most important proactive step you can take to avoid conflict of interest problems is learning to recognize the economic interests from which conflicts of interest can arise.
42	Recognizing Economic Interests Step One: Are you a “public official” within the meaning of the rules? Step Two: Are you making, participating in making, or influencing a governmental decision? Step Three: What are your economic interests? That is, what are the possible sources of a financial conflict of interest? Step Four: Are your economic interests directly or indirectly involved in the governmental decision?
43	Recognizing Economic Interests Step Five: What kinds of financial impacts on your economic interests are considered important enough to trigger a conflict of interest? Step Six: The important question: Is it substantially likely that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interests? Step Seven: If you have a conflict of interest, does the “public generally” exception apply? Step Eight: Even if you have a disqualifying conflict of interest, is your participation legally required?
44	Disqualification: When you have a Conflict of Interest Upon identifying a conflict of interest or a potential conflict of interest you must: Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address is not required. Recuse yourself from discussing and voting on the matter Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. Notwithstanding paragraph (3), a public official described in subdivision (a) may speak on the issue during the time that the general public speaks on the issue. The City Attorney should be consulted as early as possible on matters you think may be a problem.
45	Government Code 1090 You cannot have a financial interest in any contract made by your agency. Disqualification is not enough Invalidates Contract
46	Common Law Conflict of Interest The Right to Fair and Unbiased Decision Makers Personal Interest in Decision’s Outcome People Bias Factual Bias
47	Breakout Sessions BICYCLE AND PEDESTRIAN ADVISORY BOARD: Transit & Parking Conference Room BOARD OF BUILDING REGULATION APPEALS: CD Conference Room 5 BOARD OF COMMUNITY SERVICES: Risk Management Conference Room CULTURAL HERITAGE BOARD: Council Chamber DESIGN REVIEW BOARD: Council Chamber HOUSING AUTHORITY & REDEVELOPMENT AGENCY BOARD: City Hall Annex Room LUTHER BURBANK HOME & GARDENS BOARD: Luther Burbank Home and Gardens Carriage House PERSONNEL BOARD: Human Resources Conference Room PLANNING COMMISSION: Council Chamber BOARD OF PUBLIC UTILITIES: Mayors Conference Room COMMUNITY ADVISORY BOARD: CD Conference Room 7 (adjacent to Transit & Parking) MEASURE “O” OVERSIGHT COMMITTEE: Chamber of Commerce Upstairs Conference Room (City Administrative Offices) WATERWAYS ADVISORY COMMITTEE: Council Chamber
48	Wrap Up Q & A Public Appearances: (public comments will be limited to the subject matter of this special meeting)
49	Thank you!