Jul 10, 2025 Citizens&#39; Advisory Commission on Disabilities

COMMISSIONER ROMO IS ABSENT AND IS EXCUSED.

COMMISSIONERS.

UH, WE HAVE A QUORUM, UH, AND, UM, ABSENCES IS

[00:05:03]

UM, JUST BEFORE OUR AGENDA, I WANT TO ACKNOWLEDGE THIS IS MY FIRST TIME DOING THIS, SO YAY ME.

AND, UM, , THEY GAVE ME A MALLET, WHICH IS KIND OF SCARY, JUST SAYING.

SO WATCH IT.

UM, I DO WANNA ACKNOWLEDGE THE PEOPLE THAT CAME BEFORE ME.

UH, KIM, UH, COMMISSIONER, UH, KIM VONG, UH, STEVE ADAMS, UH, COMMISSIONER CHAKA GARBA.

UM, THEY'VE DONE THIS MARVELOUS JOB.

REMEMBER, EVERYONE'S A VOLUNTEER HERE, AND THEY VOLUNTEER EVEN MORE WHEN, UM, IN THE LAST MANY, MANY MONTHS THEY'VE STEPPED UP AND DONE LEADERSHIP ROLES.

UM, WHAT'S WONDERFUL IS THAT THEY ARE REMAINING HERE, UM, ON THE COMMISSION, AND WE'RE GOING TO BENEFIT, UM, FROM THEIR HISTORY AND THEIR EFFORTS AND THEIR THEIR VISION.

SO THANK YOU FOR THAT.

UH, BUT REMEMBER WHO'S GOT THE MALLET? JUST KIDDING.

MOTION TO RECOMMEND THE MINUTES FOR THE CITIZENS ADVISORY COMMISSION ON DISABILITIES FOR TH THURSDAY, JUNE 12TH, 2025.

UM, IF WE COULD, UM, YOU WANT ME TO STATE IT? WE NEED A

[1. 25-55743 Recommendation to approve the minutes for the Citizens' Advisory Commission on Disabilities meeting of Thursday, June 12, 2025. Suggested Action: Approve recommendation. ]

A MOTION A SECOND.

I'M SORRY.

COULD I HEAR THAT SECOND, KIM? SECOND.

SECOND.

ALRIGHT.

SO THE ITEM HAS BEEN MOVED BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSIONER HOPE.

UH, COMMISSIONER BOND.

UM, ANY FIRST, OH, SORRY.

ANY PUBLIC COMMENT ON THIS FROM, DO WE HAVE PUBLIC COMMENT COMING IN VIA ZOOM? NO.

IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON ITEM NUMBER ONE IN PERSON, PLEASE LINE UP AT THE PODIUM.

SEEING NONE.

IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON ITEM NUMBER ONE IN THE ZOOM, PLEASE USE THE RAISED HAND FUNCTION OR DIAL STAR NINE.

NOW, SEEING NONE THAT CONCLUDES PUBLIC COMMENT.

CALL FOR THE VOTE TESTING.

SORRY, Y'ALL, I CAN'T TELL WHEN MY MIC IS ON.

COMMISSIONER GONZALEZ? AYE.

COMMISSIONERS, WHEN I CALL YOUR NAME, PLEASE, UH, STATE YOUR VOTE.

UH, COMMISSIONER DEAN AYE.

COMMISSIONER VONG.

COMMISSIONER GARBUTT.

CHAIR SWANSON.

A MOTION TO RECEIVE AND FILE REPORT FROM THE CITY ATTORNEY'S OFFICE REGARDING THE BROWN ACT.

COMMISSIONER ADAMS? AYE.

COMMISSIONER, HOPE AYE.

MOTION CARRIES.

UM, THANK YOU FOR THAT.

UM, IF I COULD ENTERTAIN

[2. 25-55744 Recommendation to receive and file a report from the City Attorney’s Office regarding the Brown Act. Suggested Action: Approve recommendation. ]

CAN I GET A MOTION ON THAT ITEM? KIM? BOND ITEM'S BEEN MOVED BY COMMISSIONER VONG SECOND AND SECONDED BY COMMISSIONER DEAN.

EXAMPLES OF SUBCOMMITTEES INCLUDE COUNCIL STANDING COMMITTEES

UM, I'D LIKE TO TURN THE TIME NOW, UH, FOR THIS PRESENTATION.

UH, EVERYONE SHOULD FIND THE NOTES FOR THE PRESENTATION, THE POWERPOINT IN YOUR PACKET.

AND, UM, I KNOW YOU'RE VANESSA, BUT I DON'T KNOW ANYTHING ELSE ABOUT YOU.

SO .

YEAH, WELL, I'LL, I'LL, UH, INTRODUCE MYSELF AND I, AND I THINK I'LL, UH, TAKE IT FROM HERE.

UH, THIS PRESENTATION WILL LAST MAYBE ABOUT 15 MINUTES OR SO.

WE'RE GONNA PLAY A VIDEO, BUT BEFORE I, UH, KIND OF GET INTO THE PRESENTATION, I JUST WANNA SAY IT'S A PLEASURE TO BE HERE.

MY NAME IS VANESSA IBARRA.

I'M A DEPUTY CITY ATTORNEY, UH, AND I IDENTIFY WITH PRONOUNS.

SHE, HER, UM, I'M A LATINA WOMAN, UH, AND I HAVE BROWN, CURLY HAIR, UH, THAT'S PINNED UP AND A BLACK DRESS TODAY, AND IT REALLY IS, UH, NICE TO BE HERE AND TO MEET ALL OF YOU.

IT'S MY FIRST TIME HERE.

UH, I SUPPORT THE COMMISSION OR THE COMMITTEE, AND I WORK REALLY CLOSELY WITH JENNIFER ON, ON DIFFERENT ITEMS. UH, SO IT IS NICE, UH, TO BE HERE AND TALK ABOUT THE BROWN APP TODAY.

SO I KNOW THAT YOU ALL HAVE RECEIVED SOME TRAINING, AND THE PURPOSE OF US BEING HERE IS TO HAVE A REFRESHER.

SO YOU MAY HAVE SEEN THE VIDEO THAT I'M GONNA SHOW TODAY, BUT IT'S A QUICK 15 MINUTES, UH, TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE, AND THAT IF YOU HAVE ANY QUESTIONS, WHETHER IT'S NOW OR WHETHER IT'S IN THE FUTURE THAT YOU SEE A FRIENDLY FACE, UH, YOU CAN ALWAYS CONTACT ME IN THE CITY ATTORNEY'S OFFICE.

WE WORK REALLY CLOSELY WITH THE OFFICE OF ETHICS.

UH, THIS VIDEO WAS PREPARED BETWEEN BOTH OFFICES FAIRLY RECENTLY, SO IT'S THE LATEST AND GREATEST.

UH, AND WITH THAT, I'M GONNA GET STARTED AND WE WILL GO FROM

[00:10:01]

THERE.

TODAY WE WILL BE DISCUSSING AN OVERVIEW OF THE LEGAL REQUIREMENTS IN THE BROWN ACT FOR CITY OFFICIALS.

THIS PRESENTATION IS PROVIDED BY THE CITY ATTORNEY'S OFFICE IN COLLABORATION WITH THE CITY'S OFFICE OF ETHICS AND TRANSPARENCY.

TOPICS WE'LL COVER IN THIS PRESENTATION INCLUDE THE HISTORY OF THE BROWN ACT, GENERAL PRINCIPLES, AVOIDING THE APPEARANCE OF IMPROPRIETY, WHO IS SUBJECT TO THE BROWN ACT, WHAT IS A MEETING TYPES OF CONTEXT, PROHIBITED AND ALLOWED AGENDAS WHERE MEETINGS CAN BE HELD, RIGHTS OF THE PUBLIC CLOSED SESSION AND VIOLATIONS.

THE BROWN ACT WAS ENACTED IN 1953 TO GUARANTEE THE PUBLIC'S RIGHT TO ATTEND AND PARTICIPATE IN MEETINGS OF LOCAL LEGISLATIVE BODIES.

THE BROWN ACT WAS ENACTED IN RESPONSE TO PUBLIC CONCERNS OVER INFORMAL UNDISCLOSED MEETINGS HELD BY LOCAL ELECTED OFFICIALS.

THE BROWN ACT IS ALSO ONE OF CALIFORNIA'S MAIN SUNSHINE LAWS.

THE OTHER MAIN SUNSHINE LAW IS THE PUBLIC RECORDS ACT, WHICH WILL BE COVERED IN PART FIVE OF THE SERIES.

SUNSHINE LAWS GET THEIR NAME FROM THE IDEA THAT THE BRIGHT LIGHT OF SUNSHINE OR PUBLIC SCRUTINY IS THE BEST DISINFECTANT AGAINST INEPTITUDE, NEGLIGENCE AND CORRUPTION IN A DEMOCRATIC GOVERNMENT.

A TRANSPARENT GOVERNMENT IS ONE THAT HAPPENS OUT IN THE SUNSHINE.

IN CALIFORNIA, SUNSHINE IS ACTUALLY A CONSTITUTIONAL RIGHT.

OUR STATE CONSTITUTION GRANTS ALL PEOPLE THE RIGHT TO ACCESS MEETINGS AND RECORDS OF PUBLIC AGENCIES.

THIS ENSURES THE ACTIONS OF THE GOVERNMENT CAN BE SCRUTINIZED BY THE PUBLIC IN KEEPING WITH THE IDEAS THAT WE TALKED ABOUT ON THE LAST SLIDE.

GENERAL PRINCIPLES OF THE BROWN ACT ACT INCLUDE ALL MEETINGS MUST BE OPEN IN PUBLIC ACTIONS AND DELIBERATIONS OF THE BODY ARE TAKEN OPENLY, MEANING NO SECRET BALLOTS.

UH, THE ONLY EXCEPTION TO THIS, WHICH IS VERY LIMITED, IS CLOSED SESSION.

MOST COMMISSIONS IN THE CITY, UH, WON'T BE ABLE TO HOLD CLOSED SESSIONS, SO NO SECRET BALLOTS.

THEN EVERYONE HAS THE RIGHT TO ATTEND AND PARTICIPATE IN MEETINGS, INCLUDING THE PUBLIC, AND WE'LL TALK ABOUT THEIR RIGHTS A LITTLE BIT LATER ON.

AND THEN ONLY MATTERS ON THE AGENDA CAN BE DISCUSSED.

THIS LAST ONE'S REALLY IMPORTANT BECAUSE IF YOU TALK ABOUT SOMETHING THAT'S NOT ON THE AGENDA, THEN THE PUBLIC DOESN'T KNOW THAT THEY SHOULD COME TO THE MEETING AND PARTICIPATE AND PROVIDE FEEDBACK.

SO THERE ARE VERY STRICT RULES SURROUNDING THIS.

WE ONLY TALK ABOUT THINGS THAT HAVE BEEN AGENDIZED TO ENSURE THAT THE PUBLIC CAN MAKE THE CHOICE TO PARTICIPATE AND PROVIDE A PUBLIC COMMENT IF THEY SO CHOOSE.

ANOTHER IMPORTANT PRINCIPLE OF THE BROWN ACT IS TO DO WHAT'S KNOWN AS AVOIDING THE APPEARANCE OF IMPROPRIETY.

THE APPEARANCE OF IMPROPRIETY MEANS THAT THERE'S A PERCEPTION BY THE PUBLIC THAT THERE'S WRONGDOING OR MISCONDUCT THAT MAY HAVE OCCURRED BY A PUBLIC OFFICIAL.

YOU AS A PUBLIC OFFICIAL, CAN AVOID THE APPEARANCE OF IMPROPRIETY, THAT YOU MIGHT BE VIOLATING THE BROWN ACT BY AVOIDING THE POSSIBILITY OF IMPROPERLY DISCUSSING BUSINESS OF YOUR BODY OUTSIDE OF A PUBLIC MEETING.

IF THE PUBLIC PERCEIVES THAT YOU MAY HAVE ENGAGED IN WRONGDOING OR MISCONDUCT, IT CAN CALL INTO QUESTION YOUR ABILITY TO CARRY OUT YOUR OFFICIAL RESPONSIBILITIES WITH FAIRNESS AND PARTIALITY, OBJECTIVITY AND INTEGRITY.

THIS CAN UNDERMINE THE PUBLIC'S FAITH AND TRUST IN GOVERNMENT.

THE PUBLIC'S FAITH AND TRUST IS ESSENTIAL FOR THE CITY TO BE AN EFFECTIVE GOVERNMENT.

IF THE PUBLIC DOES NOT TRUST THAT PUBLIC OFFICIALS WILL DO WHAT IS RIGHT AND PERCEIVED AS FAIR, THE PUBLIC WILL BE LESS LIKELY TO EMPOWER TO INFLUENCE THE GOVERNMENT'S DECISIONS.

WITHOUT PUBLIC INPUT, THE GOVERNMENT CANNOT ADDRESS THE NEEDS AND PREFERENCES OF ITS RESIDENTS.

AS A PUBLIC OFFICIAL, YOU HAVE A CRITICAL ROLE IN HELPING BUILD THE PUBLIC, BUILD AND MAINTAIN THE PUBLIC'S TRUST BY AVOIDING THE APPEARANCE OF IMPROPRIETY, COMPLYING WITH THE BROWN ACT, BEING MINDFUL OF HOW YOUR ACTIONS MAY BE PERCEIVED BY THE PUBLIC.

IF YOU'RE A MEMBER OF A BODY THAT HOLDS PUBLIC MEETINGS, THERE ARE OTHER REASONS THAT YOU SHOULD AVOID GIVING PUBLIC TESTIMONY OR TRYING TO INFLUENCE THE OUTCOME OF PROCEEDINGS OUTSIDE OF A PUBLIC MEETING, SUCH AS TO PROTECT DUE PROCESS RIGHTS OF THE PARTIES, WHICH IS COVERED IN PART THREE OF THIS SERIES.

THE BROWN ACT APPLIES TO LEGISLATIVE BODIES, SUCH AS THE CITY COUNCIL.

IT ALSO APPLIES TO BODIES CREATED BY THE CITY COUNCIL OR THE CITY CHARTER, SUCH AS THE ETHICS COMMISSION AND THE EQUITY AND HUMAN RELATIONS COMMISSION.

BODIES OF SEPARATE LEGAL ENTITIES CREATED BY THE CITY COUNCIL ARE ALSO CONSIDERED A LEGISLATIVE BODY UNDER THE BROWN ACT.

THESE INCLUDE BODIES SUCH AS LONG BEACH TRANSIT, THE LONG BEACH COMMUNITY INVESTMENT COMPANY, AND THE ARTS COUNCIL FOR LONG BEACH.

THE BROWN ACT ALSO APPLIES TO SUBCOMMITTEES CREATED BY FORMAL ACTION OF A BODY.

[00:15:01]

LIKE THE BUDGET OVERSIGHT COMMITTEE.

SUBCOMMITTEES CAN ALSO BE CREATED BY CITY ADVISORY BODIES AND CHARTER COMMISSIONS.

THE BROWN ACT ALSO APPLIES TO BODIES OR ENTITIES THAT RECEIVE FUNDS FROM THE CITY.

AND WHERE A COUNCIL MEMBER HOLDS A SEAT ON THE BODY, REGARDLESS OF WHETHER THEY'RE VOTING OR NON-VOTING MEMBER, THE BROWN ACT DOES NOT APPLY TO TEMPORARY AD HOC COMMITTEES MADE UP OF MEMBERS OF A BODY AND CONSTITUTING LESS THAN A QUORUM.

AD HOC COMMITTEES ARE FORMED FOR A LIMITED PURPOSE, AND THEY'RE DISSOLVED ONCE THAT PURPOSE IS COMPLETE.

AN IMPORTANT PART OF COMPLYING WITH THE BROWN ACT IS TO UNDERSTAND WHEN THE BROWN ACT RULES APPLY TO YOU IN YOUR CONDUCT.

THE BROWN ACT APPLIES TO MEETINGS OF A MAJORITY OF MEMBERS AT THE SAME TIME AND PLACE TO HEAR, DISCUSS, OR DELIBERATE ON ANY ITEM THAT'S WITHIN THE SCOPE OF DUTIES ASSIGNED TO THE BODY.

THE MAJORITY OF MEMBERS OF A BODY OR QUORUM IS NEEDED TO HOLD A MEETING AND TO TAKE ACTION.

QUORUM IS MEASURED BY 50% PLUS ONE OF THE SEATS OF THE BODY.

KNOWING HOW MANY MEMBERS ARE NEEDED FOR A MAJORITY OR QUORUM OF YOUR BODY IS AN IMPORTANT NUMBER TO KNOW.

UNDER THE BROWN ACT, IT DICTATES NOT ONLY HOW MANY MEMBERS ARE NEEDED TO HOLD A MEETING, BUT ALSO HOW MANY MEMBERS YOU ARE AND ARE NOT ALLOWED TO SPEAK WITH ABOUT AN ITEM ON YOUR BODY'S AGENDA OR OTHER MATTERS WITHIN THE SCOPE OF DUTIES ASSIGNED TO YOUR BODY BEFORE THE ITEM COMES BEFORE YOU.

IT IS POSSIBLE FOR MEMBERS TO VIOLATE THE BROWN ACT BY HAVING SERIAL COMMUNICATIONS OUTSIDE OF A PUBLIC MEETING.

A SERIAL COMMUNICATION MEANS THAT EACH COMMUNICATION INVOLVES LESS THAN A MAJORITY OF MEMBERS, BUT THE TOTAL AMOUNT OF COMMUNICATIONS IN THE SERIES INVOLVES A MAJORITY OF THE BODY OUTSIDE OF A PUBLIC MEETING.

THIS MEANS THAT THE SERIES OF COMMUNICATION RESULTS IN A QUOTE UNQUOTE MEETING OUTSIDE THE PUBLIC'S VIEW, WHICH IS NOT ALLOWED UNLESS THE MEETING IS PERMITTED BY CLOSED SESSION RULES, WHICH WE WILL COVER LATER.

THERE ARE A FEW WAYS THAT SERIAL COMMUNICATIONS CAN HAPPEN.

THE FIRST IS KNOWN AS HUB AND SPOKE.

THIS IS WHERE ONE MEMBER CONTACTS ALL OR A MAJORITY OF OTHER MEMBERS.

THE NEXT ONE IS KNOWN AS A DAISY CHAIN.

THIS ONE IS WHERE A MEMBER CONTACTS ANOTHER MEMBER, AND THEN ANOTHER MEMBER CONTACTS ANOTHER MEMBER, AND THEN THAT MEMBER CONTACTS ANOTHER ONE AND SO ON AND SO FORTH UNTIL A MAJORITY OF THE BODY HAS BEEN CONTACTED.

A SERIAL CONTACT CAN ALSO OCCUR BY REPRESENTATIVE OF A MEMBER.

IN THIS CASE, THE MEMBER'S, REPRESENTATIVE, AGENT, OR INTERMEDIARY LIKE THEIR PARTNER, A MESSENGER OR ASSISTANT DIRECTLY OR INDIRECTLY COMMUNICATES WITH A MAJORITY OF OTHER MEMBERS.

IT'S IMPORTANT FOR YOU TO UNDERSTAND ALSO THAT SERIAL COMMUNICATIONS CAN INCLUDE EMAILS, TEXTS, OR SOCIAL MEDIA COMMUNICATIONS INVOLVING A MAJORITY OF MEMBERS.

THIS MEANS THAT YOU CAN BE INVOLVED IN A SERIAL COMMUNICATION IF A MAJORITY OF YOUR BODY COMMENTS ON LIKES, USES EMOJIS OR SHARES THE SAME SOCIAL MEDIA POST.

THE NEXT FOUR SLIDES ARE EXAMPLES OF TYPES OF SERIAL COMMUNICATIONS PROHIBITED UNDER THE BROWN ACT.

THE BODY USED IN THESE EXAMPLES HAS FIVE SEATS.

SO A MAJORITY OF THE BODY IS THREE MEMBERS.

FOR OUR EXAMPLE OF A HUB AND SPOKE COMMUNICATION, A MEMBER CONTACTS ALL THE OTHER MEMBERS TO ENSURE THAT THEY VOTE YES TO SUPPORT AN ITEM UNDER THE BROWN ACT.

SINCE A MAJORITY OF THIS BODY IS THREE MEMBERS, THE ORIGINAL MEMBER CAN ONLY COMMUNICATE WITH ONE OTHER MEMBER, INCLUDING THE CHAIR ABOUT BODY BUSINESS WITHOUT VIOLATING THE BROWN ACT.

HOWEVER, THE GOAL OF THE COMMUNICATION SHOULD NOT BE TO ATTEMPT TO FORM A DECISION OR CONCURRENCE WITH OTHER MEMBERS.

IF THE ITEM IS A HEARING OR SIMILAR PROCEEDING, THE MEMBERS SHOULD NOT HAVE MADE UP THEIR MIND YET BECAUSE THEY HAVE NOT HEARD FROM BOTH PARTIES AND RECEIVED ALL THE EVIDENCE.

YET.

FOR OUR EXAMPLE OF A DAISY CHAIN MEMBER, BLUE CONTACTS MEMBER GREEN TO SEE IF THERE WILL BE A CO-SIGNER FOR AN ITEM ON THE NEXT AGENDA.

MEMBER GREEN CONTACTS MEMBER ORANGE ABOUT THE ITEM WHO THEN CONTACTS MEMBER PINK.

IN THIS EXAMPLE, WE HAVE A WHOLE RAINBOW OF MEMBERS CONTACTING EACH OTHER, WHICH ADDS UP TO FOUR MEMBERS.

THIS IS MORE THAN A MAJORITY OF THE BODY ON OUR FIVE PERSON BODY.

MEMBER BLUE CAN ONLY CONTACT MEMBER GREEN ABOUT THE AGENDA ITEM.

ANY OTHER COMMUNICATIONS BY MEMBER BLUE OR GREEN ABOUT THE AGENDA ITEM OUTSIDE OF THE MEETING IS A VIOLATION OF THE BROWN ACT.

BE AWARE THAT JAY-Z CHAIN COMMUNICATIONS CAN ALSO COME UP IN TEXT OR EMAIL WHERE A MESSAGE IS FORWARDED FROM ONE OR MORE MEMBERS AT A TIME.

HERE WE HAVE AN EXAMPLE OF A SERIAL COMMUNICATION BY A REPRESENTATIVE MEMBER GREEN'S PARTNER.

APOLLO IS VERY INVOLVED IN THE COMMUNITY AND SERVES ON THE BOARD OF SEVERAL NONPROFITS.

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OTHER MEMBERS THAT SIT ON A BODY WITH MEMBER GREEN ALSO SERVE ON BOARDS WITH APOLLO.

MEMBER GREEN ASKS APOLLO TO CHECK IN WHERE THE OTHER MEMBERS STAND ON AN ITEM.

SO APOLLO TALKS TO SO MANY MEMBERS THAT THEY END UP COMMUNICATING WITH MORE THAN A MAJORITY OF THE BODY.

HERE APOLLO HAS ACTED AS MEMBER GREEN'S AGENT CREATED A SERIAL MEETING OF THE BODY, WHICH IS PROHIBITED UNDER THE BROWN ACT.

AS MENTIONED EARLIER, SERIAL COMMUNICATIONS CAN HAPPEN BY EMAIL, TEXTS, OR SOCIAL MEDIA.

THEY CAN OCCUR ON A REPLY ALL TO A MESSAGE OR SOMETHING SIMILAR TO THE SCENARIO BELOW.

IN THIS EXAMPLE, MEMBER BLUE POSTS ON SOCIAL MEDIA ABOUT AN ISSUE THAT WILL COME BEFORE THE BO.

THEIR BODY THAT IS LIKED BY MEMBER GREEN, SHARED BY MEMBER ORANGE, COMMENTED ON BY MEMBER PINK AND RETWEETED BY MEMBER AQUA.

BY THE END OF THIS SERIES, A MAJORITY OF THE BODY HAS COMMUNICATED ABOUT THE AGENDA ITEM AND MAYBE EVEN COME TO A DECISION DEPENDING ON WHAT THE COMMENTS ARE FOR EACH POST.

A SERIAL COMMUNICATION CAN ALSO HAPPEN ON SOCIAL MEDIA WHERE A MAJORITY OF THE BODY ALL LIKE AND COMMENT ON THE SAME SOCIAL MEDIA POST.

BOTH OF THESE EXAMPLES ARE PROHIBITED BY THE BROWN ACT.

THE BEST THING YOU CAN DO AS A MEMBER IS TO NOT ENGAGE ON SOCIAL MEDIA WITH OTHER MEMBERS ABOUT A MATTERS WITHIN THE SCOPE OF YOUR DUTIES OF YOUR BODY, AND TO AVOID GROUP TEXTS OR EMAILS WITH OTHER MEMBERS.

IF STAFF SENDS A COMMUNICATION TO THE WHOLE BODY, DO NOT REPLY ALL TO RESPOND AS WE'LL COVER IN THE PUBLIC RECORDS ACT PRESENTATION.

THERE ARE ALSO OTHER REASONS YOU MUST BE MINDFUL OF YOUR ACTIVITY.

AS A MEMBER OF A BODY ON SOCIAL MEDIA, SUCH AS THE PUBLIC RECORDS ACT AND THE FIRST AMENDMENT, YOU ALWAYS HAVE A RIGHT TO ENGAGE WITH THE COMMUNITY.

BUT BECAUSE YOU'RE A SUBJECT TO THE BROWN ACT, BE MINDFUL THAT ENGAGING WITH THE COMMUNITY ON SOCIAL MEDIA ABOUT ISSUES WITHIN THE SCOPE OF DUTIES OF YOUR BODY, RISKS THAT OTHER MEMBERS OF YOUR BODY MAY REACT TO THE SAME POST, WHICH COULD RESULT IN A VIOLATION OF THE BROWN ACT.

BE MINDFUL ALSO THAT MEMBERS OF THE PUBLIC MAY VIOLATE THE BROWN ACT WHEN SPEAKING TO YOU BY COMMUNICATING ABOUT HOW OTHER MEMBERS PLAN TO VOTE ON A MATTER.

IF THIS HAPPENS, IT'S BEST TO ASK THE INDIVIDUAL TO STOP SHARING SUCH INFORMATION AND OR TO DISCONTINUE CONVERSATION.

YOU CAN POLITELY TELL THEM THAT THE BROWN ACT DOES NOT ALLOW YOU TO KNOW HOW OTHER MEMBERS ARE GOING TO VOTE BEFORE A MEETING.

THE BROWN ACT DOES HAVE EXCEPTIONS THAT ALLOW FOR CERTAIN KINDS OF COMMUNICATIONS BY MEMBERS OUTSIDE OF A PUBLIC MEETING.

AS A MEMBER, YOU MAY SPEAK WITH PEOPLE OUTSIDE THE BODY OR WITH INDIVIDUAL MEMBERS ABOUT AN ISSUE WITHIN THE SCOPE OF DUTIES ASSIGNED TO YOUR BODY.

THIS EXCEPTION UNDER THE BROWN ACT RECOGNIZES THE RIGHT TO DISCUSS MATTERS WITH CONSTITUENTS, ADVOCATES, CONSULTANTS, REPORTERS, STAFF, AND COLLEAGUES.

HOWEVER, AS WE TALKED ABOUT EARLIER IN THIS PRESENTATION, IF YOU SPEAK TO OTHER MEMBERS ABOUT SOMETHING WITHIN THE SCOPE OF DUTIES OF YOUR BODY, YOU MUST SPEAK TO LESS THAN A MAJORITY TO COMPLY WITH THE BROWN ACT.

THIS ALSO MEANS THAT AS A MEMBER, YOU CAN MEET WITH STAFF OR COMMUNITY MEMBERS, AND THE CHAIR AND VICE CHAIR CAN EMAIL OR PLAN ABOUT THE AGENDA FOR A MEETING WITH STAFF WITHOUT VIOLATING THE BROWN ACT.

THE BROWN ACT ALSO ALLOWS FOR A MAJORITY OF MEMBERS AT A CONFERENCE OPEN TO THE PUBLIC, LOCAL, PUBLIC MEETING, SUCH AS A COMMUNITY MEETING, AN OPEN MEETING OF ANOTHER BODY LIKE THE CITY COUNCIL, OR A SOCIAL OR CEREMONIAL EVENT LIKE A BIRTHDAY PARTY, OR A RIBBON CUTTING OF A NEW BUSINESS IN THE CITY.

HOWEVER, YOU CANNOT DISCUSS MATTERS OF YOUR BODY WITH OTHER MEMBERS AT THESE EVENTS.

MEETING AGENDAS ARE ARE AN IMPORTANT PART OF COMPLYING WITH THE BROWN ACT.

IT PUTS THE PUBLIC ON NOTICE OF THE ITEMS THAT WILL BE DISCUSSED AT THE BODY'S MEETING SO THAT THEY CAN DECIDE WHETHER TO ATTEND THE MEETING OR PROVIDE PUBLIC COMMENT.

REGULAR MEETINGS ARE THE MEETINGS OCCURRING AT THE DATES, TIMES, AND LOCATIONS SET BY RESOLUTION.

ORDINANCE FOR OTHER FORMAL ACTION OF THE BODY.

AGENDAS FOR REGULAR MEETINGS MUST BE POSTED 72 HOURS PRIOR TO A BODY MEETING.

SPECIAL MEETINGS ARE MEETINGS CALLED BY THE CHAIR AND MAJORITY OF BODY TO DISCUSS ONLY DISCRETE ITEMS ON THE AGENDA AND ARE SUBJECT TO 24 HOUR POSTING REQUIREMENTS.

THE BROWN ACT REQUIRES THAT AGENDAS MEET THE FOLLOWING REQUIREMENTS.

THE AGENDA MUST INCLUDE A BRIEF GENERAL DESCRIPTION OF EACH ITEM.

THE AGENDA MUST INFORM THE PUBLIC OF THE SCOPE OF THE BODY'S INTENDED PLANS SO THE PUBLIC CAN DECIDE WHETHER TO PARTICIPATE.

THE DATE, TIME, AND LOCATION OF THE MEETING MUST BE INCLUDED IN THE AGENDA, AND THE AGENDA MUST BE POSTED IN A LOCATION FREELY ACCESSIBLE TO THE PUBLIC BROWN ACT.

MEETINGS MUST BE HELD WITHIN THE BOUNDARIES OF THE CITY UNLESS

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THE SPECIFIC EXEMPTION APPLIES AND MEETINGS MUST BE ACCESSIBLE UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990, THE BROWN ACT AFFORDS THE PUBLIC THE RIGHT TO ACCESS PUBLIC MEETINGS AND RECORDS OF PUBLIC AGENCIES, WHICH INCLUDES THE RIGHTS LISTED ON THIS PAGE.

THE PUBLIC HAS A RIGHT TO COMMENT ON ANY MATTER ON THE AGENDA AND WITHIN THE BODY'S SUBJECT MATTER JURISDICTION, EVEN IF THE MATTER IS NOT ON THE AGENDA.

THIS IS COMMONLY KNOWN AS NON-AGENDA PUBLIC COMMENT.

THE PUBLIC ALSO HAS THE RIGHT TO RECORD THE MEETING WITH AN AUDIO OR VIDEOTAPE RECORDER, OR TAKE PHOTOGRAPHS IN A NON-DISRUPTIVE MANNER.

THE PUBLIC HAS THE RIGHT TO REVIEW AGENDAS AND OTHER NON-CONFIDENTIAL MATERIALS DISTRIBUTED TO A MAJORITY OF THE BODY.

THERE ARE STRICT RULES THAT REQUIRE THE PUBLIC TO RECEIVE COPIES.

AT THE SAME TIME ANY WRITINGS ARE DISTRIBUTED TO A MAJORITY OF THE BODY.

THE PUBLIC ALSO HAS THE RIGHT TO ATTEND A BODY MEETING WITHOUT REGISTERING OR IDENTIFYING THEMSELVES, SUCH AS BY GIVING THEIR NAME.

SECRET BALLOTS ARE PROHIBITED.

ALL VOTES MUST BE CAST IN PUBLIC EXCEPT FOR VOTES ALLOWED IN CLOSED SESSION.

THIS PROTECTS THE RIGHT OF THE PUBLIC TO WITNESS THE VOTES OF A BODY.

CLOSED SESSIONS ARE MEETINGS THAT TAKE PLACE IN PRIVATE WITHOUT THE ATTENDANCE OF THE PUBLIC OR PRESS.

SINCE THE PUBLIC HAS A CONSTITUTIONAL RIGHT TO ACCESS PUBLIC MEETINGS, CLOSED SESSION MEETINGS ARE ONLY ALLOWED FOR SPECIFIC REASONS.

UNDER THE BROWN ACT, SUCH AS ANTICIPATED OR PENDING LITIGATION, PUBLIC EMPLOYMENT MATTERS, OR PUBLIC SECURITY, OTHER KEY INFORMATION IS PROVIDED IN THIS SLIDE.

MOST ADVISORY BODIES IN THE CITY ARE NOT ABLE TO HOLD CLOSED SESSIONS DUE TO THE NATURE OF THEIR WORK.

CITY STAFF AND THE CITY ATTORNEY'S OFFICE CAN ASSIST WITH WHETHER YOUR BODY CAN HOLD A CLOSED SESSION.

IT'S IMPORTANT THAT THESE RULES FOR CLOSED SESSIONS ARE STRICTLY ADHERED TO SO THAT THE PUBLIC'S RIGHTS ARE PROTECTED.

VIOLATIONS OF THE BROWN ACT CAN RESULT IN CIVIL LAWSUITS OR CRIMINAL PENALTIES.

ANY INTERESTED PARTY CAN BRING A CIVIL LAWSUIT TO INVALIDATE ACTIONS OF A BODY THAT ALLEGEDLY VIOLATED THE BROWN ACT.

AND TO PREVENT FUTURE VIOLATIONS OF THE BROWN ACT, THE BODY WILL HAVE AN OPPORTUNITY TO CURE THE ALLEGED VIOLATION.

THE SUCCESSFUL PARTY MAY BE AWARDED COSTS AND ATTORNEY'S FEES AS AN INDIVIDUAL.

YOU CAN ALSO RECEIVE A MISDEMEANOR FOR VIOLATING THE BROWN ACT.

THE COURT FINDS YOU INTENDED TO DEPRIVE THE PUBLIC OF INFORMATION.

IT'S GOT REALLY COLD DOWN HERE.

DO ENSURE YOUR ACTIONS COMPLY WITH THE BROWN ACT.

DO ENSURE YOUR ACTIONS PROTECT THE PARTY'S RIGHT TO DUE PROCESS.

DO CARRY OUT YOUR OFFICIAL RESPONSIBILITIES WITH FAIRNESS, IMPARTIALITY, OBJECTIVITY AND INTEGRITY.

DO PROTECT PUBLIC'S RIGHTS UNDER THE BROWN ACT? DO ENGAGE IN ALL DISCUSSIONS ABOUT MATTERS WITHIN THE BODY'S JURISDICTION AT A NOTICE PUBLIC MEETING.

DO RECUSE YOURSELF WHEN YOU HAVE A CONFLICT OF INTEREST.

DO ASK QUESTIONS IF YOU NEED HELP UNDERSTANDING THE RULES UNDER THE BROWN ACT.

BEFORE WE SEND YOU ON YOUR WAY, WE'RE GONNA SHARE SOME BROWN ACT DO'S AND DON'TS.

DO NOT TAKE ACTION OR DISCUSS AN ITEM THAT IS NOT ON THE AGENDA.

DO NOT VOTE OUTSIDE THE PUBLIC'S VIEW UNLESS A CLOSED SESSION EXEMPTION APPLIES.

DO NOT DISCUSS MATTERS OF THE BODY WITH OTHER MEMBERS OUTSIDE OF A PUBLIC MEETING.

DO NOT POLL OR DISCUSS ISSUES WITH MEMBERS TO TRY TO COME TO A DECISION OUTSIDE OF A PUBLIC MEETING OF THE BODY.

THIS PRESENTATION IS AVAILABLE TO YOU ON THE LEARN PLATFORM.

IF YOU NEED A REFRESHER, IF YOU HAVE QUESTIONS ABOUT YOUR RESPONSIBILITIES AND THE ETHICAL REQUIREMENTS THAT APPLY TO YOU AS A CITY OFFICIAL, PLEASE REACH OUT TO THE CITY'S ETHICS OFFICE OR THE CITY ATTORNEY'S OFFICE.

THANK YOU FOR YOUR TIME AND STAY ANCHORED IN ETHICS.

OKAY, SO THAT CONCLUDES, UH, THE PRESENTATION.

I THINK THERE'S, UH, THREE BIG TAKEAWAYS.

THE FIRST IS YOUR MEETINGS ARE REQUIRED TO OCCUR IN THE SUNSHINE, RIGHT? MEANING THAT THEY'RE REQUIRED TO BE OPEN, UH, TO THE PUBLIC.

UH, THE SECOND IS TO AVOID, UH, PROHIBITED COMMUNICATIONS, WHICH IT'S A LOT OF THOSE SERIAL COMMUNICATIONS, RIGHT? THOSE DIFFERENT TYPES OF COMMUNICATIONS THAT WERE HIGHLIGHTED IN THE PRESENTATION.

UH, AND THE LAST ONE IS THAT IF YOU HAVE ANY DOUBTS OR ANY QUESTIONS, UH, YOU HAVE THE STAFF OF THE COMMISSION THAT'S AVAILABLE TO ANSWER THOSE QUESTIONS.

UH, AND IF YOU NEED SUPPORT FROM THE OFFICE OF ETHICS, UH, YOU CAN REACH OUT TO THE OFFICE OF ETHICS, UH, AND ALSO THE CITY ATTORNEY'S OFFICE.

AND I WILL LEAVE IT AT THAT UNLESS THERE'S, UH, ANY QUESTIONS.

JUST POINT OF ORDER.

DO WE ASK FOR PUBLIC COMMENT BEFORE WE HAVE Q AND A? YES.

UM, SO IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON ITEM NUMBER THREE, EXCUSE ME, TWO IN THE IN PERSON, PLEASE LINE UP AT THE PODIUM SEEING THAT IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON ITEM NUMBER TWO IN ZOOM,

[00:30:01]

PLEASE USE THE RAISE HAND FEATURE OR DIAL STAR NINE.

NOW.

SEEING NONE, THAT CONCLUDES PUBLIC COMMENT.

UH, THANK YOU.

SO WE'LL GO, UH, BEHIND THE RAIL, UH, I BELIEVE COMMISSIONER DEAN, AND THEN COMMISSIONER GONZALEZ.

AND WE'LL GO DOWN.

I, OOPS.

HI.

UM, SO JUST TO BE CLEAR ON THE QUORUM, UM, IF IT'S A BODY OF FIVE MM-HMM .

AND IT'S GOTTA BE ONE OVER, UM, HALF AND YOU CAN'T DO HALF ON IT, I MEAN, YOU KNOW, IT'S LIKE 2.5.

SO DOES THAT MEAN 3.5 AND THEN YOU ROUND UP? SO IT'S REALLY FOUR.

SO LET'S TALK SPECIFICALLY TO THIS COMMISSION, RIGHT, BECAUSE YOU ALL ARE MEMBERS OF THIS ONE.

SO THE CITY CLERK'S OFFICE, I SEE THAT WE HAVE, IT'S A TOTAL OF EIGHT MEMBERS, IS THAT CORRECT? BUT NORMALLY NINE.

THERE ARE NINE ON THIS BODY.

SO THEN THE QUORUM WOULD BE, UH, OH, I GET, I GET WHAT YOU'RE SAYING.

SO LET'S TALK TO THE CLERK FIVE.

WHAT IT, IT'S FIVE.

YOU ALL HAVE DETERMINED THAT IT'S FIVE, SO, BUT I WANT, I'D LIKE TO KNOW, LIKE ON A FIVE A, A BODY OF FIVE BECAUSE IT'S, IT'S, THE NUMBERS ARE DIFFERENT, RIGHT? YEAH.

SO IT'S 2.5 MM-HMM .

RIGHT? YEAH.

SO WHICH IS 3.5, WHICH IS THAT ROUND UP TO FOUR.

SO FOUR OUT OF FIVE.

AND I BELIEVE MAYBE THE CLERK'S OFFICE CAN TELL US KIND OF THE CITY POLICY, BUT I WOULD ASSUME SO WE WOULD TAKE THE MORE CONSERVATIVE APPROACH.

IN THAT CASE IT WOULD BE THREE.

OH, IT WOULD BE THREE? MM-HMM .

UM, I HAVE TWO QUICK QUESTIONS.

I'D LIKE TO CLARIFY FOR SOCIAL MEDIA, ARE WE ALLOWED TO LIKE, COMMENT OR SHARE ON ITEMS THAT OTHER COMMISSIONERS POST THAT ARE NOT RELATED TO ANY CITY BUSINESS, SUCH AS COMMISSIONER GREEN WENT TO DISNEY WORLD ? CAN I COMMENT ON THEIR DISNEY WORLD POST? YEAH.

SO REMEMBER THE BROWN ACT IN A LOT OF THE, THE, THE THEMES THAT WERE IN THAT PRESENTATION REVOLVE AROUND, UH, ITEMS THAT ARE WITHIN THE SCOPE OF YOUR COMMITTEE, RIGHT? SO I THINK THE QUESTION THAT YOU POSES IS, IF SOMEBODY WENT TO DISNEY WORLD IS, ARE YOU GONNA, YOU KNOW, BE IN VIOLATION OF THE BROWN NECK IF, UH, YOU KNOW, FIVE OF YOU LIKE THAT? YES.

AND IT'S VERY UNLIKELY, UH, UNLESS THERE, IT SOMEHOW CAN BE BROUGHT BACK TO SOMETHING THAT'S WITHIN THE SCOPE OF THIS COMMISSION, WHICH I THINK IT MAY BE UNLIKELY IF IT, IF IT IS WHAT YOU'RE DESCRIBING.

SO THE QUESTION WOULD BE YOU CAN LIKE THE WORLD DISNEY, YOU KNOW, DISNEY WORLD PHOTO, AS LONG AS IT'S NOT WITHIN THE SCOPE OF, OF YOUR ROLE IN THIS COMMISSION.

WELL, UNLESS WE'RE ALL GOING TO DISNEY WORLD , WHICH I'D LIKE TO PROPOSE THAT.

UM, THANK YOU.

MY SECOND QUESTION IS, UM, WHEN WE HAVE EVENTS THAT WE ARE TRYING TO GET, UH, RCPS OR, OR MEMBERS OF THE PUBLIC TO ATTEND, SUCH AS IN OCTOBER, WE HAVE TWO DIFFERENT, UM, INTERVIEW LIKE COACHING, MENTORING SESSIONS THAT, UM, WE'LL BE TRYING TO, YOU KNOW, GET PEOPLE REGISTERED FOR.

UM, AND WE WILL BE, YOU KNOW, I LIKE, I KNOW I WILL BE SHARING ON MY PERSONAL SOCIAL MEDIA, UM, IN, IN CASES LIKE THAT WE SHOULD NOT JUST SHARE SOMEONE ELSE'S POST, BUT RATHER MAKE OUR OWN POST ABOUT SAID EVENT THAT WE'RE TRYING TO PROMOTE.

'CAUSE IT IS A CITY BUSINESS.

COME TO THIS COMMISSION, AND THAT IS A BROWN ACT VIOLATION IF YOU'RE SPEAKING OUTSIDE OF THIS BODY ABOUT IT.

THAT'S A, THAT'S A VERY NUANCED RIGHT, UH, QUESTION SPECIFIC TO THIS COMMISSION AND PROMOTING THAT EVENT.

I, I MEAN, ON OFF THE TOP OF MY HEAD, I DON'T KNOW WHETHER THE CLERK'S OFFICE OR THE OFFICE OF ETHICS HAS, YOU KNOW, KIND OF GIVEN A DIRECT POLICY ON SOMETHING LIKE THIS.

UM, I AM, YOU KNOW, KIND OF TRYING TO THINK JUST QUICKLY WHAT THE, WHAT THE VIOLATION WOULD BE.

RIGHT.

UM, I MEAN, I THINK WE CAN PROBABLY TALK TO JENNIFER ABOUT IT, RIGHT? TO SEE THE SPECIFIC FLYER AND KIND OF WHAT, UM, IF THERE'S KIND OF ANY IMPLICATIONS, RIGHT? UH, BECAUSE I THINK GENERALLY WE'RE SAYING THAT IF IT'S WITHIN THE SCOPE OF THE COMMISSION, THAT YOU NOT ENGAGE EACH OTHER JUST TO AVOID THE APPEARANCE OF A VIOLATION.

AND I'M NOT SURE, YOU KNOW, KIND OF WHAT THE POLICY HAS BEEN.

I DON'T KNOW IF THE CLERK'S OFFICE HAS ANYTHING TO SHARE.

PROBABLY NOT.

I MISSED THE QUESTION.

SO IF YOU COULD REPEAT THAT, I WOULD APPRECIATE IT.

SURE.

UM, IN EXAMPLES WHERE WE WANT TO BE SHARING INFORMATION SUCH AS IN OCTOBER WE HAVE TWO DIFFERENT, UM, INTERVIEW SKILLS, MENTORING COACHING WORKSHOPS THAT WE ARE LOOKING TO GET THE PUBLIC TO REGISTER AND SPREAD THE WORD.

UM, ARE WE ALLOWED TO SHARE, UM, IN, IN THAT CASE BECAUSE IT'S TRYING TO GALVANIZE RSVPS, OR SHOULD WE JUST MAKE OUR OWN POST NOT RELATED TO THE CITY'S POST OR ANYONE ELSE'S, UH, IN A SITUATION WHERE WE ARE OPENLY TRYING TO GET UNDERSTAND MEMBERS OF THE PUBLIC TO ATTEND? OKAY.

UM, IN THIS SITUATION SPECIFICALLY, IT'S OKAY TO SHARE THE POST.

YOU JUST DON'T WANT TO PROVIDE ANY OPINION ABOUT WHAT THE POST, YOU KNOW, YOUR VIEWPOINT, BECAUSE THAT COULD POTENTIALLY

[00:35:01]

SO JUST SIMPLY SHARING THE FACTS OF THE EVENT, UH, AND HITTING SHARE ON SOMEONE ELSE'S AND JUST SHARING FACTS.

YES.

AND PLEASE REGISTER IS ACCEPTABLE.

COMMISSIONER, THANK, THANK YOU.

UM, SO I'M WONDERING ABOUT AGENDA ITEMS AND, UM, HOW THEY, HOW, HOW, UM, DECISIONS ARE MADE ON CREATING AGENDA ITEMS AND, UM, HOW A BROWN ACT VIOLATION MIGHT OCCUR, I GUESS.

SORRY.

SO THE ONLY WAY IT WOULD OCCUR IS IF MORE THAN HALF OF THE BODY TOGETHER DECIDES THIS NEEDS TO BE AN AGENDA ITEM.

IS THAT CORRECT? YEAH.

SO I GUESS MAYBE WE CAN TALK THROUGH, I'M, I'M NOT SURE LOGISTICALLY FOR THIS COMMISSION, YOU KNOW, KIND OF WHAT THE, THE BACK MAYBE, I DON'T KNOW.

I KNOW THAT JENNIFER'S NOT HERE, BUT ALANA IS HERE, KIND OF SUPPORT WHAT THAT LOOKS LIKE ON THE BACK END.

UM, MAYBE ALANA CAN SURE.

SO I CAN ALSO ANSWER THIS QUESTION.

UM, WHEN Y'ALL ARE IN A FORMAL SETTING, YOU'RE ABSOLUTELY ABLE TO MAKE RECOMMENDATIONS FOR FUTURE AGENDA ITEMS THAT CAN FALL INTO THE ANNOUNCEMENTS CATEGORY OF THE AGENDA.

HOWEVER, THE AGENDA IS SET BY THE EXECUTIVE COMMITTEE, THE CHAIR, THE VICE CHAIR, UM, AND SO THAT'S WHO MAKES THOSE DECISIONS ON FUTURE AGENDA ITEMS. IN CONJUNCTION WITH YOUR COMMISSION LIAISON, JENNIFER, UM, YOU COULD MAKE RECOMMENDATIONS TO THE EXECUTIVE COMMITTEE ALSO JUST OUTSIDE OF IT.

UM, BUT YOU WANT TO AVOID THAT WILL SPOKE, UM, YOU KNOW, YEAH.

UM, METHOD OF COMMUNICATION BY TALKING TO MULTIPLE COMMISSIONERS AND THEN VIOLATING BROWN ACT.

SO YOU CAN DO IT OUT IN THE OPEN HERE AT A COMMISSION MEETING, UM, OR, UH, DIRECTLY WITH YOUR COMMISSION LIAISON OR THE EXECUTIVE COMMITTEE.

THOSE ARE THE WAYS TO MAKE RECOMMENDATIONS, UM, WITHOUT VIOLATING THE BROWN ACT.

SO THEN DOES THE EXECUTIVE COMMITTEE FALL INTO THE AD HOC GROUP, EVEN THOUGH IT'S NOT REALLY TEMPORARY, SO THAT THEY DON'T CURRENTLY FUNCTION AS A SUBCOMMITTEE, IS MY UNDERSTANDING.

UM, THAT'S JUST AN AGENDA SETTING MEETING, SO WITH THE CHAIR.

OH, OKAY.

GOT IT.

YEAH, I MEAN, WITH THE COMMISSION LIAISON, NOT THE CHAIR, SORRY.

AND SINCE THE EXECUTIVE COMMITTEE IS LESS THAN A QUORUM, THEY CAN HOLD THOSE, THOSE MEETINGS.

THANK YOU FOR THE FOLLOW UP.

THAT WAS GOOD.

UM, COMMISSIONER HOPE.

UM, SO WHAT SHOULD A COMMISSIONER DO IF THEY FIND THAT THEY'VE ACCIDENTALLY VIOLATED THE BROWN ACT? YEAH, I WOULD SAY YOU LET STAFF KNOW, UH, IMMEDIATELY.

UH, AND THEN WE WORK TOGETHER, UH, TO TRY TO FIX THAT VIOLATION IF WE DETERMINE THAT THERE IS IN FACT A VIOLATION.

UM, OKAY.

SO, UM, I THINK WE'RE A GROUP THAT REALLY WANTS TO DO WELL.

WE DON'T WANNA, YOU KNOW, DO THE WRONG THING.

AND AT THE SAME TIME, WE ARE TRYING TO GET AS MUCH INPUT AND PARTICIPATION AS POSSIBLE.

SO THAT'S ON THE POSITIVE SIDE, WE WANNA GET.

UM, AND I'M, I'M GLAD FOR THE QUORUM QUALIFICATION BECAUSE THAT'S, THAT'S A LITTLE BIT OF A MYSTERY.

AGAIN, WE WANT TO BE CONFIDENT AS WE'RE GOING OUT.

I THINK, UM, THERE MAY BE, UM, COMMON ASSUMPTIONS OF BOTH COMMISSIONS JUST IN GENERAL AND THE PUBLIC THAT MAY BE ERRONEOUS.

UH, PEOPLE WILL SAY, OH, WELL, YOU CAN OR CANNOT DO THAT.

IT'S LIKE, GEE, I DON'T, I DON'T THINK THAT'S ACCURATE.

I'M JUST WONDERING WHAT ARE SOME OF THE COMMON ASSUMPTIONS WE SHOULD BE, UM, KNOWLEDGEABLE ABOUT OR SENSITIVE TO.

UNINTENTIONAL AND, YOU KNOW, KIND OF PAUSE WHENEVER YOU'RE DEALING WITH BUSINESS THAT'S RELATED TO THIS COMMISSION AND YOUR RESPONSIBILITIES ON THIS COMMISSION, AND THINK ABOUT WHETHER OR NOT IT TRIGGERS ANY OF THESE THINGS THAT WE TALKED ABOUT TODAY.

YOU KNOW, I, I THINK THE, THE PRESENTATION HIGHLIGHTS THOSE SERIAL COMMUNICATIONS, RIGHT? I, I THINK, UH, THAT THIS IS KIND OF WHAT STANDS OUT IS THAT IT, YOU KNOW, YOU KIND OF ENGAGE IN YOUR DAY-TO-DAY COMMUNICATIONS WITH EACH OTHER, UH, WITH STAFF, UH, WITH PEOPLE IN THE COMMUNITY.

AND YOU MAY NOT REALIZE RIGHT, WHEN, ESPECIALLY WHEN WE TALKED ABOUT THE REPRESENTATIVE, RIGHT? WHERE IT'S, YOU'RE ENGAGING IN DISCUSSIONS WITH PEOPLE THAT YOU MAY HAVE RELATIONSHIPS WITH OUTSIDE, UM, OF THIS GROUP OF INDIVIDUALS.

SO I THINK, YOU KNOW, UH, HAVING THIS REFRESHER, RIGHT? I, I THINK YOU ALL ALREADY HAVE GONE THROUGH THIS TRAINING.

IT MAY NOT BE THE FIRST TIME THAT YOU'RE HEARING THIS.

WE HAVE THESE REFRESHERS, UH, TO KIND OF BRING IT FRONT AND CENTER, UM, AND THAT WHEN YOU'RE OUT IN THE COMMUNITY, UH, THAT YOU REMEMBER THAT IT MAY BE

[00:40:01]

UH, BECAUSE NOW YOU'RE, YOU'RE THE EXPERTS RIGHT NOW, NOW YOU HAVE THE LATEST AND GREATEST AS FAR AS THOSE ITEMS THAT MAY, YOU KNOW, UH, THAT YOU MAY, MAY NOT REALLY NOTICE IN THE MOMENT.

UH, IF IT IS THAT YOU IDENTIFY THAT THERE MAY HAVE BEEN SOME CONVERSATIONS THAT YOU ENGAGED IN THAT VIOLATE THE BROWN ACT, UM, THERE'S WAYS TO REMEDY IT, RIGHT? SO YOU BRING IT UP TO STAFF AND YOU SAY, HEY, THIS OCCURRED, UH, FIRST CONFIRMING THAT IN FACT THERE WAS A VIOLATION.

UH, AND THEN COLLABORATING WITH THOSE, UH, OUR OFFICE TO OFFICE OF ETHICS, UM, THE STAFF ON THIS COMMISSION TO TRY TO REMEDY IT, RIGHT? SO ESSENTIALLY WHAT WE WOULD DO IS WE WOULD BRING THOSE DISCUSSIONS BACK IN OPEN SESSION, UH, TO, UH, YOU KNOW, HIGHLIGHT, UH, IN THE PUBLIC, UH, THOSE DISCUSSIONS THAT MAY HAVE HAPPENED.

UM, THANK YOU FOR THAT.

UH, IT'S SOUNDS LIKE TO, UH, TO ME IS THAT UNLIKE HOW WE'VE COME TO CONCLUSIONS AND HAD PLANS IN OUR OTHER LIVES IN THE PUBLIC SECTOR, THE PRIVATE SECTOR WHERE WE'RE ALWAYS IN A CLOSED DOOR MEETING AND, YOU KNOW, WE'RE ON A ZOOM CALL AND WE COME TOGETHER AND WE COME UP WITH A PLAN.

THIS IS NOT THAT, THIS IS WHERE WE ARE TALKING IN FRONT OF PEOPLE ABOUT OUR THOUGHTS AND OUR RATIONALE.

AND SO IT, IT'S A, IT'S REALLY PUTTING PUBLIC INTO THE, THE PROCESS.

IF I'M GETTING THE BIG PICTURE, AND THIS IS WHAT WE SHOULD BE DOING, AS OPPOSED TO JUST, SO YOU CAN SEE, WE LIKE TO ENGAGE , BUT, UM, THE IDEA IS WE NEED, THAT'S WHAT WE SHOULD BE DOING, UH, RATHER THAN JUST PASSING, YOU KNOW, MOTIONS, IS THAT WE HAVE THIS DIALOGUE.

SO WHEN, BECAUSE PEOPLE WATCH THIS ON ZOOM OR THEY WATCH IT ON VIDEO, IS THAT THEY SEE THAT THERE'S A VIBRANT DISCUSSION AND THEN THERE'S A CALL FOR THE, SOMETHING IN THE FUTURE, SOMETHING TO GO ON THE AGENDA.

WE CAN PUT THAT ON THERE.

THAT'S US, ALONG WITH THE EXECUTIVE GROUP TO COME UP WITH FUTURE, UM, ACTION ITEMS FOR US TO, UH, THEN COME TO A DECISION ON.

IS THAT YEAH, THAT'S, THAT'S ABSOLUTELY CORRECT.

JUST, AND IF I MAY PIGGYBACK OFF OF JENNIFER'S ANS OR EXCUSE ME, VANESSA'S ANSWER.

UM, OFTENTIMES AS A CLERK, THE QUESTION THAT I GET THE MOST IS, AFTER AN ITEM HAS BEEN APPROVED, CAN THEN WE, CAN WE THEN TALK ABOUT THE ITEM? AND I DON'T RECOMMEND TALKING ABOUT ANY ITEMS OR ANY TYPE OF DISCUSSION THAT WOULD COME BEFORE THE BODY, BECAUSE EVEN THOUGH THAT ITEM IS CLOSED, THERE'S A POTENTIAL FOR IT TO COME BACK.

AND THEN THE DISCUSSIONS THAT YOU HAD IN BETWEEN OUR POTENTIAL BROWN ACT VIOLATIONS.

THE OTHER QUESTION THAT I GET OFTENTIMES IS, IS QUORUM THE NUMBER OF SEATED BODIES, OR IS IT THE TOTAL NUMBER OF POSITIONS ON THE BOARD? AND THE ANSWER IS THE TOTAL NUMBER OF POSITIONS ON THE BOARD.

AND THOSE ARE THE TWO BIGGEST QUESTIONS I GET.

COOL.

APPRECIATE THAT.

ANY OTHER, THIS IS OUR TIME.

YEAH, NO, IT'S GOOD.

UM, SO THIS ONE HAS TO DO WITH KIND OF LIKE, UM, RECOMMENDATIONS.

UM, CAN A RECOMMEND, IS IT, AND THIS IS NOT REGARDING THIS PARTICULAR BODY, IT'S ANOTHER BODY THAT I'M THINKING OF.

UM, CAN A RECOMMENDATION BE PUT FORTH THAT, UM, LIKE CAME OUTTA NOWHERE? SO THIS, SO IT'S A, A COMMISSION THAT, UM, MAKES RECOMMENDATIONS TO CITY COUNCIL, AND THEY SUDDENLY PUT SOMETHING ON AN AGENDA THAT'S NEVER BEEN DISCUSSED BEFORE, UM, AND HAS A DOLLAR AMOUNT ATTACHED TO IT, AND IT'S JUST SUDDENLY PLOPPED THERE AND THEY VOTE FOR IT.

AND THAT'S THAT, IS THAT LEGIT? YEAH, I MEAN, I, I DON'T, UM, I MEAN, THERE MAY BE SOME FACTS THAT YOU HAVE, UH, KIND OF LEADING UP, RIGHT? BUT JUST BASED ON THE INFORMATION THAT YOU PROVIDED, UH, AS LONG AS, SO THE OBLIGATION THAT YOU, THAT THE CITY HAS IS THAT YOU HAVE AN AGENDA THAT POSTS AN ITEM THAT LETS THE PUBLIC KNOW WHAT IS GOING TO BE DISCUSSED SO THAT IF THE MEMBERS OF THE PUBLIC HAVE AN INTEREST IN THAT ITEM, OR THEY, UM, ARE GONNA BE AFFECTED BY THAT ITEM THAT THEY CAN APPEAR AND DISCUSS, RIGHT? THEY HAVE THE, THE OPPORTUNITY TO SPEAK IN THE PUB IN PUBLIC ABOUT THE IMPLICATIONS OF THAT ITEM ON THEM.

RIGHT.

SO, UM, I'M NOT SURE KIND OF WHAT YOU KNOW ABOUT THE RELATIONSHIP OF THEM NEVER HAVING

[00:45:01]

DISCUSSED IT.

I MEAN, THE FACT THAT THERE'S POSTING IT ON THE AGENDA, THEY'RE GIVING THE 72 HOUR NOTICE, UH, TO THE PUBLIC.

UH, THERE ISN'T A VIOLATION OF THE BROWN ACT FOR THAT, RIGHT.

UH, FOR THIS COMMISSION.

RIGHT.

WE TALKED KIND OF THE LOGISTICS THAT THERE'S AN EXECUTIVE COMMITTEE THAT CAN IDENTIFY, UH, ITEMS TO PUT ON THE AGENDA.

AND THEN THERE'S THE OTHER WAYS THAT YOU ALL IN PUBLIC COMMENT CAN REQUEST FOR ITEMS TO BE PUT ON THE AGENDA.

UM, SO I'M NOT REALLY SURE HOW THAT RECOMMENDATION MAY HAVE GOTTEN ON THERE, BUT THE FACT THAT IT WAS POSTED AND PEOPLE HAD NOTICE AND THEY COULD GO AND SPEAK TO THE ITEM, UH, IT WOULD BE OKAY UNDER THE BROWN ACT AND THE AGENDA HAS TO BE POSTED 72 HOURS PRIOR TO THE MEETING.

I MEAN, THOSE ARE THE SPECIFIC, YOU KNOW, THAT'S KIND OF THE GENERAL, THERE'S DIFFERENT TYPES OF MEETINGS, RIGHT? THERE'S SPECIAL MEETINGS AND THERE'S DIFFERENT POSTING REQUIREMENTS.

BUT GENERALLY, UH, IT'S THE 72 HOUR.

I'LL LET THE CLERK KIND OF, IF THERE'S ANY, UH, NUANCES TO THAT.

BUT IT IS GENERALLY THE 72 HOURS, 72 HOURS FOR REGULARLY SCHEDULED MEETINGS AND SPECIAL MEETINGS REQUIRE 24 HOUR NOTICE.

AND, UM, WHAT'S THE LEGITIMACY, LEGITIMACY FACTOR ON, UM, PLANNED MONTHLY MEETINGS THAT GET RESCHEDULED QUITE OFTEN TO LIKE MAYBE THE FOLLOWING WEEK OR JUST FULLY CANCELED? WHAT ARE THE KIND OF RULES ON THAT? UM, I, I'M NOT SURE IF I'M UNDERSTANDING YOUR QUESTION.

IF A MEETING IS CANCELED, THEY CANCEL THE MEETING AND THEN THE NEXT MEETING WOULD BE THE REGULARLY SCHEDULED MEETING, UNLESS THEY DECIDE TO HOLD A SPECIAL MEETING IN BETWEEN THE CANCELED MEETING AND THE REGULAR MEETING.

I THINK THAT'S WHAT YOU'RE ASKING ME.

SO, YEAH, SO THERE'S A COMMISSION OUT THERE THAT, UM, KIND OF FREQUENTLY RESCHEDULES THEIR MEETINGS, UM, LIKE THE NIGHT BEFORE THE MEETING'S SUPPOSED TO HAPPEN.

THEY'LL RESCHEDULE IT TO LIKE THE NEXT WEEK, FOR EXAMPLE.

AS LONG AS THEY'RE GIVING A NOTICE THAT THE MEETING IS CANCELED THEN AND THEY'RE MEETING THE 24 HOUR DEADLINE TO REPOST A SPECIAL AGENDA, THEN I BELIEVE THAT THAT'S OKAY.

AND HOW MUCH TIME DO THEY HAVE TO GIVE TO RESCHEDULE TO CANCEL OR RESCHEDULE OR WHATEVER? LIKE THEY COULD DO IT THE NIGHT BEFORE FOR THE NEXT DAY THEY CAN, BECAUSE AS AN EXAMPLE FOR TODAY, SAY WE DIDN'T HAVE A QUORUM, THEN WE WOULD HAVE CANCELED TODAY'S MEETING.

AND SOMETIMES YOU DON'T EVEN KNOW THAT UNTIL THE MEETING HAPPENS.

AND IN THAT CASE, WE WOULD OPEN THE MEETING, CALL ROLL AND SEE THAT NOBODY WAS THERE AND THEN GOT IT.

IT'S, IT'S A HOT TOPIC, SO, AND A GOOD TOPIC.

SO, UM, CAN WE CALL, CALL VOTE TEST? ALL RIGHT.

UH, COMMISSIONER DEAN AYE.

COMMISSIONER GONZALEZ.

COMMISSIONER VONG.

VICE CHAIR? GARBO AYE.

CHAIR SWANSON.

COMMISSIONER ADAMS? AYE.

MOVING ON TO THANK YOU FOR COMING.

UM, ITEM NUMBER

[3. 25-55745 Recommendation to receive and file reports from current Ad Hoc Committees; discuss anticipated Ad Hoc Committees for upcoming projects; and, if appropriate, take action to dissolve or create Ad Hoc Committees. Suggested Action: Approve recommendation. ]

THREE.

UM, YES, I CAN READ IT NOW THAT I KNOW HOW THE MIC WORKS.

UM, RECOMMENDATION TO RECEIVE AND FILE REPORTS FROM CURRENT AD HOC COMMITTEES.

DISCUSS ANTICIPATED AD HOC COMMITTEES FOR UPCOMING PROJECTS, AND IF APPROPRIATE, TAKE ACTION TO DISSOLVE OR CREATE AD HOC COMMITTEES.

CAN I GET A MOTION ON THIS MOTION? OKAY.

I HEARD, UH, COMMISSIONER VONG FIRST AND I WILL PUT COMMISSIONER DEAN AS THE SECOND.

UM, IF, UH, COMMISSIONERS, UH, WILL DELIVER THE REPORTS AND, UM, WE'RE GONNA DELIVER ALL THE REPORTS AT ONCE, AND THEN WE WILL, UH, GO TO A DISCUSSION.

SO COMMISSIONERS HOPE, THEN GARBE, AND THEN DEAN, IF THAT WORKS.

IS THAT CORRECT OR NO? YEAH, YOU WERE LISTED.

WELL, LET'S HAVE, UH, COMMISSIONER HOPE START.

CERTAINLY.

IN THE WORKPLACE IS TAKING PLACE ON THURSDAY, OCTOBER 23RD, 2025 FROM 2:00 PM TO 4:00 PM AND WE'LL BE ON ZOOM.

SO I'M GONNA DELIVERING THE REPORT ON THE NDAM AD HOC COMMITTEE, UH, FOR JULY 10TH, 2025.

UH, THE ENDING AD HOC COMMITTEE MET ON JULY 7TH, 2025.

UH, AND, UH, AND IN ATTENDANCE, UH, WERE COMMISSIONER DEAN HOPE VONG AND, UH, THE A DA COORDINATOR KUMA.

THE DATES AND TIMES FOR THIS YEAR'S, UH, ENDING EVENTS HAVE CHANGED AND ARE AS FOLLOWS.

UH, THE EVENT, UH, RELATED TO THE INTERVIEW SKILLS AND EXERCISES IS GOING TO BE TAKING PLACE ON THURSDAY, OCTOBER 2ND, 2025 FROM 1:00 PM TO 4:00 PM THIS EVENT WILL BE IN PERSON AND THE LOCATION, UH, WILL BE DISCLOSED WHEN CONFIRMED.

UH, THE EVENT OF, UH, KNOW YOUR RIGHTS, UH,

[00:50:01]

UH, FLYERS ARE GONNA BE RELEASED, UH, ON SOCIAL MEDIA AND, UH, IN THE OFFICE OF EQUITY NEWSLETTER.

UH, THE A DA COORDINATOR KUMA, UH, IS STILL FOCUSING HER EFFORTS ON ACQUIRING AND A FACILITATOR AND VOLUNTEERS FOR BOTH EVENTS.

THIS CON CONCLUDES MY REPORT.

ALL RIGHT, UM, SECOND REPORT THE DISABILITY, A ADVOCATES OF THE YEAR AWARDS AD HOC COMMITTEE REPORT FOR JULY 10TH, 2023 K COD MEETING.

UM, THE AD HOC COMMITTEE WOULD LIKE TO REPORT THAT THE NOMINATION PERIOD FOR THE 2020 5K COD DISABILITY, A ADVOCATES OKAY, I'M SORRY, .

ALL RIGHT, OF THE YEAR AWARDS IS NOW CLOSED.

THE NEXT MEETING FOR THE COMMITTEE ARE IN, UH, IDENTIFIED TWO AWARDEES FROM THE NOMINATION SUBMITTED.

WE INVITE THE PUBLIC TO ATTEND THIS YEAR'S CEREMONY AT THE AD HOC AT THE K COD MEETING, SCHEDULED FOR THURSDAY, OCTOBER THE NINTH, 2025 AT NOON HERE IN THE COUNCIL OF CHAMBERS.

THIS CONCLUDES MY REPORT.

THANK YOU VICE CHAIR.

I START.

SO THIS IS, UM, SORRY.

THIS IS REGARDING THE LETTER ON THE QUEEN MARY, THE AQUARIUM AND WILLOW SPRINGS PARK AD HOC COMMITTEE REPORT FOR JULY 10TH, 2025.

CAPE COD MEETING CHAIR SWANSON.

AND, UM, ME SECRETARY DEAN MET WITH COUNCILWOMAN Z ZENDEJAS OFFICE ON JULY 3RD, 2025 TO DISCUSS THE LETTER SUBMITTED TO THE MAYOR AND CITY COUNCIL MEMBERS ON APRIL 7TH, 2025.

THE COUNCILWOMAN SEEMED SUPPORTIVE IN OUR REQUESTS.

THE COMMITTEE HAS SUBMITTED A REQUEST TO MEET WITH COUNCILWOMAN MEGAN CARE'S OFFICE, AND WE'LL UPDATE THE COMMISSION WHEN POSSIBLE.

AND THIS CONCLUDES MY REPORT.

APPRECIATE THAT, UH, PUBLIC COMMENT.

IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON ITEM NUMBER THREE IN PERSON, PLEASE LINE UP AT THE PODIUM.

SEEING NONE.

IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON ITEM NUMBER THREE IN ZOOM, PLEASE USE THE RATE RAISE, HAND FEATURE, OR DIAL STAR NINE.

NOW SEEING NONE, THAT CONCLUDES PUBLIC COMMENT FOR THIS ITEM.

ALRIGHT, COMMISSIONER DEAN.

WE CAN GO TO THE VOTE TEST.

COMMISSIONER GONZALEZ? AYE.

COMMISSIONER BONG? AYE.

COMMISSIONER, UH, VICE CHAIR GARBE AYE.

CHAIR SWANSON.