Human Relations Commission
presentation on the Brown Act

by Tony Alperin
Asst. City Attorney

February 6, 2003

EDITOR'S NOTE: Deputy City Attorney Anthony Alperin made the following presentation before the board of Human Relations Commissioners at the February 2003 meeting.

Sadly, at the next meeting meeting Rabbi Allen Freehling, Executive Director, announced that Tony had passed away.

LA Community Policing was in attendance at the February Human Relation Commission meeting, and heard Tony give this talk. It was as fine an explanation on the Brown Act we'd ever heard.

LACP is proud to present this as a tribute to Anthony Alperin, Deputy City Attorney:

Presentation regarding the Brown Act
Anthony S. Alperin, Assistant City Attorney

• Mr. Alperin gave a brief overview of the Brown Act. The act requires all meetings of legislative bodies be held openly and publicly. The public has the right to attend and hear all discussions. They also have the right to speak on any agenda item they choose.

• The Commission must allow the public to speak for a reasonable amount of time prior to making a decision. However, the Commission is not required to engage in a discussion, but must allow the public the opportunity to speak. The Commission may set up a policy of when and how long each person can speak.

• Mr. Alperin further explained that according to the act members of the public have the right to speak at every regular meeting of a Commission on any matter within the jurisdiction of the Commission, even though that matter is not on the agenda. This is not an opportunity for the Commissioners to discuss the matter amongst themselves. If the Commission feels that the public comments need to be discussed, the matter must be listed on the agenda of the following meeting. In case the matter needs to be discussed prior to the regular meeting, a special meeting with a special agenda may be set up.

• According to the Act, a legislative body is defined as any multi-member government body that is created by statute, ordinance, charter, state constitution, or any formal action of another legislative body. Thus, Mr. Alperin clarified that the council creates an ordinance commission, and the Mayor creates a legislative commission. Although a legislative commission may not legislate it is created by a legislative body and must comply with the Brown Act.

• Moreover, Mr. Alperin stated that a sub-committee with a regular on going responsibility or a standing committee created by a legislative commission must also abide by the Brown Act. However, an ad-hoc committee made up solely of appointed members of the commission with less than the majority of the commission is not subject to the Brown Act. Such a committee is dismantled once it completes its research and reports of a particular problem. If this ad-hoc committee has members other than the commissioners, it must comply with the Brown Act.

• In addition, Mr. Alperin explained that the Act requires a set and posted agenda. Under most circumstances the Commission must only consider items that are on the agenda. If an emergency matter arise after the posting of an agenda and the Commission must take immediate action regarding that matter, two third of the present Commission body must vote to take immediate action. Furthermore, the Commission must indicate that the matter cannot wait for the next regular meeting or a special meeting, and must be addressed immediately.

• Mr. Alperin also indicated that there are a number of problems that continue to arise in legislative bodies. One of them is referred to as serial meeting. The act states that the Commission must meet only at a properly noticed meeting, where the public can attend. This means that the Commission’s majority cannot meet in a private place to discuss the issues. Less than the majority may discuss the issues, as long as the issues are not circled around via phone or e-mail in a chain communication that involves the majority of Commissioners. Moreover, the president of the commission may not phone majority members to discuss issues. Likewise, staff cannot discuss issues with a majority of Commission members. The same rules apply to a standing committee.

• Furthermore, Mr. Alperin specified that according to the Act staff may send agenda materials via e-mail, as long as members of the Commission do not e-mail each other or staff with their thoughts and ideas on any agenda issues. Commissioners may contact staff and request for an item to be posted on the agenda for discussion at the following meeting. All ideas must be shared at the publicly held meeting. Also, Commissioners may request staff to send a memorandum to all members as long as it is available as a public record.

• Committees created by staff are not subject to the Brown Act. Members of the Commission may volunteer to participate in such committees so long as they are not a majority, and the participation decision is not a voted item.

• In response to a question regarding the penalties for violating the Act, Mr. Alperin explained that the court might set aside any actions taken in violation of the Brown Act. Subsequently, any decision made regarding a particular matter during a serial meeting is considered a misdemeanor.

• Commissioner Wexler questioned the number of the majority for this particular Commission since it does not yet have all eleven members. In response, Mr. Alperin suggested that since this is a small Commission with only seven members meeting on regular basis, it is best to deal with the majority of eleven Commissioners which is currently six.

• Other quorum and vote questions regarding the HR Commission are to be sent to the City Attorney’s office for research.

• Mr. Alperin also announced the availability of conferences, which are offered three times a year to discuss the Brown Act, Ethics Commission, and conflict of interest issues. Also, the latest update of the Brown Act is discussed in the Commissioner’s handbook published last year. Copies may be requested from the City Attorney’s office.