HomeMy WebLinkAbout11-21-13 Item 3 - Action Plan
Brief History of Council Compensation
1998 -The Council Compensation Committee recommended increasing the Council's
pay from $800 to $1000 per month and the Mayor's pay from $1,000 to $1,200 per
month. This recommendation was not adopted.
2000 - The City Council approved the increase for Council Members from $800 to $900
and an increase to the Mayor's pay from $1,000 to $1,100.
2002 - Council approved waiving the Council Compensation process.
2004 - Council approved no increase to pay.
2006 - Council approved (3-2 Mulholland/ Brown opposed) an increase to Council
Members pay from $900 to $1000 and an increase to the Mayor's pay from $1,100 to
$1,200 effective January 1, 2007.
2008 - In June, Council approved a 6% increase and then rescinded this action in
September 2008.
2010 - Council approved deferring the 2010 Council Compensation process.
2012 - Council approved deferring the 2012 Council Compensation process.
Page 1
Council Compensation Survey
February of 2008
Comparison City Demographics and Misc. InformationCompensation for other
Commissions or Advisory Bodies
The cities below were used in the Benchmark Compensation Study 2007.
Times Per
Hours Per Pay for
Median Mayor
Month
Median Home Annual City Week City Pay for Planning Architectural Pay for Other Advisory
CityPopulationFamily Elected or
City
Sales PriceBudgetCouncil CommisionDesign Bodies
IncomeRotated
Council
WorksCommittee
Meets
Chico /
$30 per meeting
85,000$52,000$339,900$97,551,852elected2variesnono
$120 month max
Charter
Davis /
64,000$74,057$525,000$34,100,000rotated2-4 +30-50nonono
General
Library and Arts $25 /
Monterey /
$25 meeting $25 meeting
30,641$58,757$729,000$93,529,479elected520meeting =
$75 month max$75 month max
Charter
$75 month
Napa /
Housing Authority
76,346$65,338$569,000$153,365,600elected420 $30/meetingno
$100/mtng
Charter
Paso Robles /
29,514$46,486$479,900$56,452,500elected2+variesnonono
General
Santa
M - 55 Housing Authority $50, Met.
Barbara / 90,569$70,000$1,250,000$215,578,219elected4$50 per meetingn/a
CC - 28Transit $60 / meeting
Charter
Santa Cruz /
56,300$72,860$699,000$184,786,586rotated2+variesnonono
Charter
Santa Maria /
Rec and Parks $75 per
88,900$43,501$369,000$55,000,000rotated2varies$75 per meetingno
meeting
Charter
Ventura /
106,744$66,505$525,000$276,638,792rotated4variesnonono
Charter
Average
69,779$61,056$609,533$129,667,003elected2 to 4varies$42 n/a$71
Median
76,346$65,338$525,000$97,551,852elected2 to 4varies$30 n/a$68
San Luis $50 meeting
$50 meeting $200
Obispo / 44,239$66,420$675,000$94,987,400elected2+28$200 month no
month max
Chartermax
C:\Users\amejia\AppData\Local\temp\2008 Council Compensation Comparison of Other Cities_2014\2008 Council Compensation Comparison of Other Cities
Page 2
Council Compensation Survey February 2008: Mayor and City Council Compensation and Benefits
Date City
Mayor City Council Cafeteria Contribution Cafeteria Plan Retirement Life Amount Reimbursed for Other
Council
CityMileage Allowance
Salary / MonthSalary / Month/ MonthCash BackFormulaInsuranceCity Business / YearAllowances
Compensation
Updated
Chico /
M- $2,900 phone $50
$720$600$921.93 no3% @ 50nono2007
CC- $2,500 month
Charter
Davis /
$669$669$1,168 no2.5% @ 55$100,000$1,500 nocell phone2006
General
emp.: $548.49 emp. 2% PERS @ Use city vehicles.
Monterey /
M - 2002
$676$430plus one: $912 emp. no55 or deferred $65,000reasonable expensesOtherwise 37.5 cents none
CC- 1999
Charter
plus two: $1,084compper mile
2.7% @ 55 & retiree medical
Napa /
current IRS rate (50.5
$1,214$1,214100% paid minus $20no$200 mo $100,000reasonable expensespaid after 8 2005
cents per mile)
Charter
deferred compyears
emp.: 100% paid
One member
Paso
emp. plus one: $602.33
current IRS rate (50.5 has a cell phone.
Robles / $800$600minus $43.68 no2.5% @ 55noreasonable expenses2007
cents per mile)Most opt to use
family: $851.03 minus
General
their own.
$71.83
Santa
Medical max $1029.54 current IRS rate (50.5
Barbara / $3,615$2,892no2.7% @ 55$50,000reasonable expensesno2006
Dental max $86.59cents per mile)
Charter
Santa
emp.: $460annual
M - $1,275 $350/mo in county 44.5
Cruz / $3,103$1,551emp. plus one: $920$2002% @ 55salary plus no2007
CC - $510 cents/mile out
family: $1196$20,000
Charter
car M - $505
$100,000
Santa
emp.: $472 emp. CC - $252
and $2,500 current IRS rate (50.5
Maria / $1,170$920plus one: $655 family: $4822.7% @ 55reasonable expensesTelecommun-2005
for family cents per mile)
$764ications stipend
Charter
members
of $50/mo.
PERS
Ventura /
Optional paid M - $3,600
$700$600$415 nononono2004
by employee CC - $2,400
Charter
2% @ 55
Average
$1,408$1,053$930 for familyno ($341 if given)2.5% @ 55$83,000M- $2,319 CC- $1,72850.5 cents per milevaries2005
Median
$800$669$1003 for familyno ($341 if given)2.5% @ 55$82,500M- $2,200 CC- $1,95050.5 cents per milevaries2006
current IRS rate (50.5
San Luis Prof. Dev.
M - $1,800
cents per mile) up to M
Obispo / $1,200$1,001$790 no2.7% @ 55$104,000M - $1,800/yr 2006
CC - $1,200
- $1800 CC - $1200 per
CharterCC - $1,200/yr
year
n Permissible Gatherings. Not every gathering of members
of a public body outside a noticed meeting violates the law.
For example, a violation would not occur if a majority of
the members attend the same educational conference or
attend a meeting not organized by the local agency as long as
members do not discuss among themselves agency business
except as part of the gathering. Nor is attendance at a social
or ceremonial event in itself a violation. The basic rule to
keep in mind is a majority of the members cannot gather
and discuss agency business except at an open and properly
noticed meeting.
n Closed Sessions. The open meeting laws include provisions
for private discussions under very limited circumstances. The
reasons for holding the closed session must be noted on
the agenda and different disclosure requirements apply to
different types of closed sessions.
n Posting and Following the Agenda. In general, public
officials may only discuss and act on items included on the
posted agenda for a meeting. However, they or staff may
briefly respond to questions or statements during public
comments that are unrelated to the agenda items. Officials
can also request staff to look into a matter or place a
matter on the agenda for a subsequent meeting. Only under
unexpected circumstances can matters that are not on the
agenda be discussed or acted upon.
This pamphlet summarizes these three requirements in general terms.
Local officials are also encouraged to consult with their agency
attorneys for information about how these requirements apply in
any given situation or more information about this area of the law.
Understanding the Basics of
The
www.ca-ilg.orgwww.ca-ilg.orgwww.ca-ilg.org www.ca-ilg.org
of Open Government Laws
The underlying philosophy of the open government laws
is that public agency processes should be as transparent as
possible. Such transparency is vital in promoting public trust
in government.
This concept of governmental transparency is so important to
the public that some 83 percent of voters supported adding it to
California’s constitution by adopting Proposition 59 in 2004.
California’s open government laws require public officials to:
Allow the public to participate in meetings of public bodies
through a public comment process.
Allow inspection and copying of public records,
except when non-disclosure is authorized by law.
B
C
Conduct meetings of public bodies openly, except for limited
circumstances under which the law allows the public’s
business to be conducted privately in closed sessions.
A
A A
ABCs
The Institute is able to make this resource available to local officials
and others as a result of much appreciated financial support from:
The Institute is grateful for this firm’s ongoing commitment to
public service ethics and public service ethics education.
All decisions regarding the final content of this pamphlet were the
Institute’s.
Conducting the
Public’s Business in Public
Conducting the
Public’s Business in PublicA
Consequences of Non-Compliance with Open
Meeting Requirements
n Nullification of Decision. Many decisions that are not
made according to the open meeting laws are voidable.
After asking the agency to cure the violation, either the
district attorney or any interested person may sue to
have the action declared invalid.
n Criminal Sanctions. Additionally, members of the
body who intentionally violate the open meeting laws
may be guilty of a misdemeanor. The penalty for a
misdemeanor conviction is imprisonment in county jail
for up to six months or a fine of up to $1,000 or both.
Example
If two members of a five-member public body consult
outside of a public meeting (which is not in and of itself
a violation) about a matter of agency business and then
one of those individuals consults with a third member
on the same issue, a majority of the body has consulted
on that issue. Note the communication does not need
to be in person and can occur through a third party. For
example, sending or forwarding e-mail can be sufficient
to create a serial meeting, as can a staff member’s polling
the body’s members in a way that reveals the members’
positions to one another.
www.ca-ilg.org www.ca-ilg.orgwww.ca-ilg.org www.ca-ilg.org
A A
n Other Measures. Either the district attorney or any
interested person may sue to remedy past and prevent future
violations of the open meeting laws. Another remedy,
under certain circumstances, is for a court to order that all
closed sessions be tape-recorded. Regulations of public
participation beyond those allowed by applicable statutory
and constitutional pricipals can be a civil rights violation.
n Attorneys’ Fees and Costs. Attorneys’ fees and costs
may be awarded to those who successfully challenge
open meeting violations.
n Taping or Recording of Meetings Is Allowed. Anyone
attending a meeting may photograph or record it with an
audio or video recorder unless the governing body makes a
finding that the noise, illumination, or obstruction of view
will disrupt the meeting. Any meeting tape or film made by
the local agency becomes a public record that must be made
available to the public for at least 30 days.
n Sign-In Must Be Voluntary. Members of the public cannot
be required to register their name or satisfied any other
condition for attendance. If an attendance list is used, it must
clearly state that signing the list is voluntary.
A
A
General Rules
n Elected and most appointed local-agency bodies – which
include many advisory committees – must conduct their
business in open and public meetings.
n A “meeting” is any situation involving a majority of a public
body in which agency business is transacted or discussed. In
other words, a majority of the body cannot talk privately about
a matter of agency business no matter how the communication
occurs, whether by telephone or e-mail, or at a local coffee shop.
n The public must be informed of 1) the time and place of and
2) the issues to be addressed at each meeting. In general,
public officials may only discuss and act on items included
on the posted agenda for a meeting. The agenda must be
posted at least 72 hours in advance of a regular meeting and
written in a way that informs people of what business will
be discussed. Members of the public may request a copy of
the agenda packet be mailed to them at the time the agenda
is posted or upon distribution to the governing body. Many
local agencies also post these materials on their websites.
And/or maintain e-mail lists to make agendas available.
Key Things to Know
n Advisory Bodies. Advisory bodies formally created by the
governing body are subject to the open meeting laws. In
some cases, committees of less than a quorum of the public
body are also subject to these laws.
n Serial Meetings. Avoid unintentionally creating a “serial”
meeting—a series of communications that result in a
majority of the body’s members discussing, deliberating, or
taking action on a matter of agency business.
n Permissible Gatherings. Not every gathering of members
of a public body outside a noticed meeting violates the law.
For example, a violation would not occur if a majority of
the members attend the same educational conference or
attend a meeting not organized by the local agency as long as
members do not discuss among themselves agency business
except as part of the gathering. Nor is attendance at a social
or ceremonial event in itself a violation. The basic rule to
keep in mind is a majority of the members cannot gather
and discuss agency business except at an open and properly
noticed meeting.
n Closed Sessions. The open meeting laws include provisions
for private discussions under very limited circumstances. The
reasons for holding the closed session must be noted on
the agenda and different disclosure requirements apply to
different types of closed sessions.
n Posting and Following the Agenda. In general, public
officials may only discuss and act on items included on the
posted agenda for a meeting. However, they or staff may
briefly respond to questions or statements during public
comments that are unrelated to the agenda items. Officials
can also request staff to look into a matter or place a
matter on the agenda for a subsequent meeting. Only under
unexpected circumstances can matters that are not on the
agenda be discussed or acted upon.
This pamphlet summarizes these three requirements in general terms.
Local officials are also encouraged to consult with their agency
attorneys for information about how these requirements apply in
any given situation or more information about this area of the law.
Understanding the Basics of
The
www.ca-ilg.orgwww.ca-ilg.orgwww.ca-ilg.org www.ca-ilg.org
of Open Government Laws
The underlying philosophy of the open government laws
is that public agency processes should be as transparent as
possible. Such transparency is vital in promoting public trust
in government.
This concept of governmental transparency is so important to
the public that some 83 percent of voters supported adding it to
California’s constitution by adopting Proposition 59 in 2004.
California’s open government laws require public officials to:
Allow the public to participate in meetings of public bodies
through a public comment process.
Allow inspection and copying of public records,
except when non-disclosure is authorized by law.
B
C
Conduct meetings of public bodies openly, except for limited
circumstances under which the law allows the public’s
business to be conducted privately in closed sessions.
A
A A
ABCs
The Institute is able to make this resource available to local officials
and others as a result of much appreciated financial support from:
The Institute is grateful for this firm’s ongoing commitment to
public service ethics and public service ethics education.
All decisions regarding the final content of this pamphlet were the
Institute’s.
Conducting the
Public’s Business in Public
Conducting the
Public’s Business in PublicA
Consequences of Non-Compliance with Open
Meeting Requirements
n Nullification of Decision. Many decisions that are not
made according to the open meeting laws are voidable.
After asking the agency to cure the violation, either the
district attorney or any interested person may sue to
have the action declared invalid.
n Criminal Sanctions. Additionally, members of the
body who intentionally violate the open meeting laws
may be guilty of a misdemeanor. The penalty for a
misdemeanor conviction is imprisonment in county jail
for up to six months or a fine of up to $1,000 or both.
Example
If two members of a five-member public body consult
outside of a public meeting (which is not in and of itself
a violation) about a matter of agency business and then
one of those individuals consults with a third member
on the same issue, a majority of the body has consulted
on that issue. Note the communication does not need
to be in person and can occur through a third party. For
example, sending or forwarding e-mail can be sufficient
to create a serial meeting, as can a staff member’s polling
the body’s members in a way that reveals the members’
positions to one another.
www.ca-ilg.org www.ca-ilg.orgwww.ca-ilg.org www.ca-ilg.org
A A
n Other Measures. Either the district attorney or any
interested person may sue to remedy past and prevent future
violations of the open meeting laws. Another remedy,
under certain circumstances, is for a court to order that all
closed sessions be tape-recorded. Regulations of public
participation beyond those allowed by applicable statutory
and constitutional pricipals can be a civil rights violation.
n Attorneys’ Fees and Costs. Attorneys’ fees and costs
may be awarded to those who successfully challenge
open meeting violations.
n Taping or Recording of Meetings Is Allowed. Anyone
attending a meeting may photograph or record it with an
audio or video recorder unless the governing body makes a
finding that the noise, illumination, or obstruction of view
will disrupt the meeting. Any meeting tape or film made by
the local agency becomes a public record that must be made
available to the public for at least 30 days.
n Sign-In Must Be Voluntary. Members of the public cannot
be required to register their name or satisfied any other
condition for attendance. If an attendance list is used, it must
clearly state that signing the list is voluntary.
A
A
General Rules
n Elected and most appointed local-agency bodies – which
include many advisory committees – must conduct their
business in open and public meetings.
n A “meeting” is any situation involving a majority of a public
body in which agency business is transacted or discussed. In
other words, a majority of the body cannot talk privately about
a matter of agency business no matter how the communication
occurs, whether by telephone or e-mail, or at a local coffee shop.
n The public must be informed of 1) the time and place of and
2) the issues to be addressed at each meeting. In general,
public officials may only discuss and act on items included
on the posted agenda for a meeting. The agenda must be
posted at least 72 hours in advance of a regular meeting and
written in a way that informs people of what business will
be discussed. Members of the public may request a copy of
the agenda packet be mailed to them at the time the agenda
is posted or upon distribution to the governing body. Many
local agencies also post these materials on their websites.
And/or maintain e-mail lists to make agendas available.
Key Things to Know
n Advisory Bodies. Advisory bodies formally created by the
governing body are subject to the open meeting laws. In
some cases, committees of less than a quorum of the public
body are also subject to these laws.
n Serial Meetings. Avoid unintentionally creating a “serial”
meeting—a series of communications that result in a
majority of the body’s members discussing, deliberating, or
taking action on a matter of agency business.
The Institute for Local Government promotes good
government at the local level with practical, impartial, and
easy-to-use resources for California communities.
ILG is the research and education affiliate of the California State
Association of Counties and the League of California Cities.
1400 K Street, Suite 205
Sacramento, California 95814
Telephone: 916.658.8208 n Fax: 916.444.7535
A Note on Civility in Public Discourse
For communities to be able to work through difficult
issues, it’s important that people be able to express
differing opinions about what best serves the public’s
interests in a respectful and civil manner.
This includes focusing on the of one’s position.
Even if people disagree about what’s best for the
community in this situation, it doesn’t mean that those
holding different views are bad people. Treat others
with the same respect as one would like to be treated.
Questioning others’ motives or intelligence, being
hostile, engaging in name-calling or making threats
undermines one’s effectiveness.
No matter how passionate one is about an issue, the goal is
to conduct oneself in a way that will add to one’s credibility
and standing as a thoughtful member of the community.
The Public’s Right to
Participate in Meetings
General Rules
n Democracy in Action. The public has a right to address
the public body at any meeting. A public official’s role is
to both hear and evaluate these communications.
n The Public’s Right to be Heard. Generally, every regular
meeting agenda must provide an opportunity for the public
to address the public body on any item within the body’s
jurisdiction. If the issue of concern is one pending before
the body, the opportunity must be provided before or
during the body’s consideration of that issue.
Key Things to Know
n Anonymous Speech Must Be Permitted. Members
of the public cannot be required to give their name or
address as a condition of speaking. The clerk or presiding
officer may request speakers to complete a speaker card,
or identify themselves “for the record,” but must respect
a speaker’s desire for anonymity.
n Reasonable Time Limits May Be Imposed. Local
agencies may adopt reasonable regulations to ensure
everyone has an opportunity to be heard in an orderly
manner. For example, some agencies impose a uniform
time limit on each person providing public comments on
an issue.
n Dealing with Dissension. The chair cannot stop
speakers from expressing their opinions or their
criticism of the body. If an individual or group willfully
interrupts a meeting and order cannot be restored, the
room may be cleared. Members of the media must be
allowed to remain and only matters on the agenda can
be discussed.
California’s open government laws are complex and extensive.
Consult the following resources for more information on
these laws.
n Understanding the Basics of Public Service Ethics:
Transparency Laws, available at www.ca-ilg.org/
transparency (includes discussions of other kinds of
disclosure laws, in addition to Open Meeting Law and
Public Records Act).
n Open and Public IV: A User’s Guide to the Ralph M.
Brown Act, 2d Edition, 2010. Available on the League of
California Cities website at www.cacities.org or by calling
916.658.8200.
n The People’s Business: A Guide to the California Public
Records Act, 2008. Available on the League of California
Cities website at www.cacities.org or by calling
916.658.8200.
Local officials should also consult their agency counsel with
questions.
The Attorney General also offers guides on these laws; they are
available from the Attorney General’s website: http://ag.ca.gov/
publications/2003_Intro_BrownAct.pdf (Brown Act Guide)
and http://ag.ca.gov/publications/2003_Intro_BrownAct.pdf
(Public Records Act).
Resources for Further InformationBeyond Legal Minimums
www.ca-ilg.org www.ca-ilg.orgwww.ca-ilg.org www.ca-ilg.org
B CC
The Public’s Right To Access
Agency Documents and Records
It is important to note that the requirements discussed in this pamphlet
are legal minimums for local government transparency in decision-
making. Local agencies can provide for greater transparency.
In thinking about how an agency might provide for greater
transparency, questions local agency officials might ponder include
the following:
1 How can the agency make public information more readily
available and easily understandable by the public in order
to promote public trust and confidence in the agency and
demonstrate the agency’s commitment to transparency?
2 Are there kinds of information that are already publicly
available in some form, but could be made available
more conveniently to the public (for example, through
voluntarily posting the information on the agency’s website
or including links on the agency’s website to where
information is available on other websites)?
3 What kinds of information might be of interest to a cross-
section of the public relating to the agency’s operations and
decision-making processes? Are there ways this information
can be made available without individual members of the
public having to ask for it?
Ongoing consideration of these kinds of questions enables a local
agency’s officials to engage in collective discussion and decision-
making about ways in which their agency can set its sights higher
than the minimum requirements of the law.
Consequences of Violation
Anyone can sue the agency to enforce his or her right to
access public records subject to disclosure. If the agency
loses or otherwise produces the records as the result of the
lawsuit, it must pay costs and attorneys fees.
CB
General Rules
n Public agencies must generally make their records
available for inspection by the public. Disclosure is the
rule; withholding is the exception. In addition, there are a
number of state laws that require affirmative disclosure of
certain kinds of information (for example, by posting the
information on the agency’s website).
Key Things to Know
n Agenda and Meeting Materials. Copies of the agenda
materials and other documents not exempt from disclosure
distributed to the body must be available to the public. Any
nonexempt materials prepared by the local agency must be
available for public inspection at the meeting. Materials
prepared and distributed by some other person must be made
available after the meeting.
n Scope of Access. The public has the right to see nonexempt
materials that are created as part of the conduct of the
people’s business. These materials include any writing that
was prepared, owned, used, or retained by a public agency.
This can include documents, computer data, e-mails,
facsimiles, and photographs.
n Presumption and Exceptions. Written materials are
presumed to be a public record unless an exception
applies. There are a number of exceptions. For example,
personnel records are typically exempt from disclosure
because their release may violate an employee’s
privacy rights.
The public’s right of access to public records is broadly construed
and applies to many documents that public officials might
otherwise assume are protected from disclosure.
Open-Government-Is-Good-Politics Note
The media are highly vigilant in monitoring compliance
with open government requirements—and quick to report
on perceived violations.
merits
The Institute for Local Government promotes good
government at the local level with practical, impartial, and
easy-to-use resources for California communities.
ILG is the research and education affiliate of the California State
Association of Counties and the League of California Cities.
1400 K Street, Suite 205
Sacramento, California 95814
Telephone: 916.658.8208 n Fax: 916.444.7535
A Note on Civility in Public Discourse
For communities to be able to work through difficult
issues, it’s important that people be able to express
differing opinions about what best serves the public’s
interests in a respectful and civil manner.
This includes focusing on the of one’s position.
Even if people disagree about what’s best for the
community in this situation, it doesn’t mean that those
holding different views are bad people. Treat others
with the same respect as one would like to be treated.
Questioning others’ motives or intelligence, being
hostile, engaging in name-calling or making threats
undermines one’s effectiveness.
No matter how passionate one is about an issue, the goal is
to conduct oneself in a way that will add to one’s credibility
and standing as a thoughtful member of the community.
The Public’s Right to
Participate in Meetings
General Rules
n Democracy in Action. The public has a right to address
the public body at any meeting. A public official’s role is
to both hear and evaluate these communications.
n The Public’s Right to be Heard. Generally, every regular
meeting agenda must provide an opportunity for the public
to address the public body on any item within the body’s
jurisdiction. If the issue of concern is one pending before
the body, the opportunity must be provided before or
during the body’s consideration of that issue.
Key Things to Know
n Anonymous Speech Must Be Permitted. Members
of the public cannot be required to give their name or
address as a condition of speaking. The clerk or presiding
officer may request speakers to complete a speaker card,
or identify themselves “for the record,” but must respect
a speaker’s desire for anonymity.
n Reasonable Time Limits May Be Imposed. Local
agencies may adopt reasonable regulations to ensure
everyone has an opportunity to be heard in an orderly
manner. For example, some agencies impose a uniform
time limit on each person providing public comments on
an issue.
n Dealing with Dissension. The chair cannot stop
speakers from expressing their opinions or their
criticism of the body. If an individual or group willfully
interrupts a meeting and order cannot be restored, the
room may be cleared. Members of the media must be
allowed to remain and only matters on the agenda can
be discussed.
California’s open government laws are complex and extensive.
Consult the following resources for more information on
these laws.
n Understanding the Basics of Public Service Ethics:
Transparency Laws, available at www.ca-ilg.org/
transparency (includes discussions of other kinds of
disclosure laws, in addition to Open Meeting Law and
Public Records Act).
n Open and Public IV: A User’s Guide to the Ralph M.
Brown Act, 2d Edition, 2010. Available on the League of
California Cities website at www.cacities.org or by calling
916.658.8200.
n The People’s Business: A Guide to the California Public
Records Act, 2008. Available on the League of California
Cities website at www.cacities.org or by calling
916.658.8200.
Local officials should also consult their agency counsel with
questions.
The Attorney General also offers guides on these laws; they are
available from the Attorney General’s website: http://ag.ca.gov/
publications/2003_Intro_BrownAct.pdf (Brown Act Guide)
and http://ag.ca.gov/publications/2003_Intro_BrownAct.pdf
(Public Records Act).
Resources for Further InformationBeyond Legal Minimums
www.ca-ilg.org www.ca-ilg.orgwww.ca-ilg.org www.ca-ilg.org
B CC
The Public’s Right To Access
Agency Documents and Records
It is important to note that the requirements discussed in this pamphlet
are legal minimums for local government transparency in decision-
making. Local agencies can provide for greater transparency.
In thinking about how an agency might provide for greater
transparency, questions local agency officials might ponder include
the following:
1 How can the agency make public information more readily
available and easily understandable by the public in order
to promote public trust and confidence in the agency and
demonstrate the agency’s commitment to transparency?
2 Are there kinds of information that are already publicly
available in some form, but could be made available
more conveniently to the public (for example, through
voluntarily posting the information on the agency’s website
or including links on the agency’s website to where
information is available on other websites)?
3 What kinds of information might be of interest to a cross-
section of the public relating to the agency’s operations and
decision-making processes? Are there ways this information
can be made available without individual members of the
public having to ask for it?
Ongoing consideration of these kinds of questions enables a local
agency’s officials to engage in collective discussion and decision-
making about ways in which their agency can set its sights higher
than the minimum requirements of the law.
Consequences of Violation
Anyone can sue the agency to enforce his or her right to
access public records subject to disclosure. If the agency
loses or otherwise produces the records as the result of the
lawsuit, it must pay costs and attorneys fees.
CB
General Rules
n Public agencies must generally make their records
available for inspection by the public. Disclosure is the
rule; withholding is the exception. In addition, there are a
number of state laws that require affirmative disclosure of
certain kinds of information (for example, by posting the
information on the agency’s website).
Key Things to Know
n Agenda and Meeting Materials. Copies of the agenda
materials and other documents not exempt from disclosure
distributed to the body must be available to the public. Any
nonexempt materials prepared by the local agency must be
available for public inspection at the meeting. Materials
prepared and distributed by some other person must be made
available after the meeting.
n Scope of Access. The public has the right to see nonexempt
materials that are created as part of the conduct of the
people’s business. These materials include any writing that
was prepared, owned, used, or retained by a public agency.
This can include documents, computer data, e-mails,
facsimiles, and photographs.
n Presumption and Exceptions. Written materials are
presumed to be a public record unless an exception
applies. There are a number of exceptions. For example,
personnel records are typically exempt from disclosure
because their release may violate an employee’s
privacy rights.
The public’s right of access to public records is broadly construed
and applies to many documents that public officials might
otherwise assume are protected from disclosure.
Open-Government-Is-Good-Politics Note
The media are highly vigilant in monitoring compliance
with open government requirements—and quick to report
on perceived violations.
merits