Mar 31, 2026 Cultural Heritage Commission

[00:05:44]

[00:05:45]

[CALL TO ORDER]

MADAM CLERK, PLEASE

[ROLL CALL]

BUT BEFORE THAT, FOR THE RECORD, COMMISSIONER BODAK AND COMMISSIONER PADILLA PEREZ ARE EXCUSED FROM THE MEETING TONIGHT.

ARE THERE ANY OBJECTIONS FROM THE COMMISSION? IF THERE ARE NONE, MADAM CLERK, THE, THE ROLL, ROLL PLEASE.

COMMISSIONER BODAK.

COMMISSIONER HUNTER PRESENT.

COMMISSIONER PADILLA PEREZ.

COMMISSIONER PIZZA PRESENT, COMMISSIONER PRYOR, PRESENT VICE CHAIR GFE.

HERE.

CHAIR MCW.

PRESENT.

WE HAVE QUORUM.

THANK YOU.

UH, AT THIS MOMENT WE'LL

[PLEDGE OF ALLEGIANCE]

I'D ASK EVERYONE TO STAND, AND IF YOU HAVE YOUR HAT, PLEASE REMOVE IT.

AND COMMISSIONER HUNTER, WOULD YOU LIKE TO LEAD? THANK YOU.

MOVING TO THE REGULAR AGENDA, MADAM CLERK,

[1. 26-54666 Recommendation to receive and file Director’s Report.       Suggested Action: Approve recommendation. ]

ITEM NUMBER ONE IS A RECOMMENDATION TO RECEIVE AND FILE DIRECTOR'S REPORT.

MAY I HAVE A MOTION AND A SECOND ON THIS? UH, I CAN TAKE A VERBAL SECOND IF NO, I'LL SECOND IT.

MY SCREEN'S NOT WORKING PRIOR.

COMMISSIONER PRYOR.

OKAY, THANK YOU.

SO IT'S BEEN MOTIONED BY COMMISSIONER BISO AND COM.

SECONDED BY COMMISSIONER PRYOR.

THANK YOU.

I'LL TURN THIS OVER TO STAFF FOR THE DIRECTOR'S REPORT.

YEAH, JUST FROZE.

OKAY.

THANK YOU, CHAIR AND COMMISSIONERS, AND GOOD EVENING.

I JUST WANNA KICK US OFF BY RECOGNIZING THAT MARCH IS, UH, WOMEN'S HISTORY MONTH.

SO, UM, HOPE YOU'VE ALL HAD A CHANCE TO CELEBRATE, UM, AND, UH, RECOGNIZE THAT IMPORTANT HISTORY WE DIDN'T GET TO MEET LAST MONTH, WHICH WAS, UH, BLACK HISTORY MONTH.

SO WANNA RECOGNIZE THE MONTH OF FEBRUARY FOR THAT AS WELL.

UM, I WANTED TO UPDATE YOU THAT OUR, UM, APPLICATION CYCLE FOR THE MILLS ACT PROGRAM, UM, DID CLOSE ON MARCH 20TH.

SO WE WILL BE BACK IN TOUCH SOON WITH MORE ON, UM, WHAT CAME OF THAT APPLICATION CYCLE AND, UH, STAFF IS WORKING THROUGH COMPLETENESS AND, UM, REVIEWING, DOING INITIAL REVIEW OF THOSE APPLICATIONS.

UM, AND THEN FINALLY, I WANTED TO ADDRESS, THERE WAS, UM, A REQUEST FROM THE COMMISSION AT OUR JANUARY MEETING TO REPORT BACK ON ANY RECOMMENDATIONS THE COMMISSION, UM, COULD MAKE TO COUNCIL, UH, TO USE, UH, THE CHC POWER IN REGULATING HISTORIC LANDMARKS AND DISTRICTS, UH, TO PREVENT THE CITY FROM BEING, UM, USURPED BY THE FEDERAL GOVERNMENT.

UH, WE SAID WOULD REPORT BACK AND WANTED TO GIVE AN UPDATE TO THE COMMUNITY THAT WE WORKED VERY CLOSELY WITH OUR CITY ATTORNEY'S OFFICE ON THIS TOPIC.

AND THE SPECIFIC ASK WAS OUTSIDE THE JURISDICTION OF THE CHC.

UM, THE COMMISSION'S JURISDICTION IS LIMITED AND CLEARLY LAID OUT IN CHAPTER 2.63 OF THE MUNICIPAL CODE, AND THEREFORE WE'RE NOT ABLE TO BRING IT BACK AS A FORMAL AGENDA ITEM.

SO, I JUST WANTED TO KIND OF CLOSE THE LOOP, CLOSE THE LOOP HERE IN THE DIRECTOR'S REPORT.

UM, FURTHERMORE, LEGAL PRECEDENT, UM, PROHIBITS THE CITY FROM DISCRIMINATING AGAINST THE FEDERAL GOVERNMENT IN ITS POLICY MAKING THE UNITED STATES MADE CLEAR THAT LOCAL JURISDICTIONS, LIKE THE CITY OF LONG BEACH, CANNOT TAKE ANY ACTION THAT REGULATES THE UNITED STATES DIRECTLY OR DISCRIMINATES AGAINST THE FEDERAL GOVERNMENT, OR THOSE WITH WHOM IT DEALS.

UH, THE CITY DOES NOT HAVE LEGAL AUTHORITY TO PROHIBIT FEDERAL AGENCIES FROM OPERATING ON FEDERAL PROPERTY WITHIN PRIVATELY OPERATED FACILITIES OR WITHIN PUBLICLY ACCESSIBLE AREAS SUCH AS ROADWAYS AND THE PUBLIC RIGHT OF WAY IN HISTORIC DISTRICTS.

SO, JUST WANTED TO SHARE THAT THERE ARE A LOT OF GREAT RESOURCES AVAILABLE ON THE CITY'S WEBSITE WITH MORE INFORMATION ON WHAT THE CITY'S DOING AND OUR, UM, REPRESENTATION FROM THE CITY ATTORNEY'S OFFICE.

AARON

[00:10:01]

AND THAT CONCLUDES OUR DIRECTOR'S REPORT.

THANK YOU FOR THAT.

UH, COMMISSIONERS, ARE THERE ANY QUESTIONS REGARDING THE DIRECTOR'S REPORT? YEAH, HI, COMMISSIONER PRYOR.

QUESTION FOR YOU ON THE, THE QUESTION THAT CAME UP ON THE LAST MEETING.

UM, I GUESS I'M UNCLEAR ON THE ANSWER ON THAT.

YEAH.

SO WE COULD NOT BRING IT BACK AS AN AGENDIZED ITEM AS REQUESTED, BECAUSE IT'S NOT WITHIN THE JURISDICTION OF YOUR BODY.

AND THE GREAT NEWS I HAVE FOR YOU IS THAT WE'RE GONNA DO AN ENTIRE PRESENTATION THIS EVENING ON THE BROWN ACT AND ON KIND OF THE WHY OF THAT.

OKAY? OKAY.

SO THAT'LL ANSWER IT IN THE, IT SHOULD HELP.

RIGHT? SO, UH, UNDER THE BROWN ACT, THIS BODY CAN ONLY HAVE BEFORE IT THE ITEMS THAT ARE WITHIN ITS JURISDICTION.

THE JURISDICTION FOR THE CITY COUNCIL IS VERY BROAD BECAUSE IT IS TASKED WITH MANAGING A CITY, BUT YOUR JURISDICTION IS NARROWER, AND IT EXISTS INSIDE THE MUNICIPAL CODE UNDER SECTION 2.63.

OKAY, THANK YOU.

ARE THERE ANY OTHER COMMISSIONERS THAT WOULD HAVE A QUESTION ABOUT THE DIRECTOR'S REPORT? IF THERE ARE NONE, WE'LL NOW TAKE PUBLIC COMMENT.

ANYONE HERE THAT WOULD LIKE TO ADDRESS THE DIRECTOR'S REPORT? PLEASE STEP FORWARD AT THIS TIME, IF NOT VIRTUALLY.

IF YOU ARE JOINING VIRTUALLY, PLEASE USE THE RAISE HAND FEATURE.

NOW.

IF JOINING 10 TELEPHONICALLY, PRESS STAR NINE NOW.

THERE, THERE APPEARS TO BE NO PUBLIC COMMENT ON THIS ITEM.

THANK YOU.

MADAM CLERK, PLEASE CALL FOR THE VOTE.

DID IT GO? COMMISSIONER HUNTER? YES, I CAN.

YES.

OH, THANK YOU.

AND VICE CHAIR GFE? YES, I CAN TAKE A VERBAL THANK YOU.

YEAH, MINE'S NOT SHOWING UP EITHER.

THANK YOU.

MOTION IS CARRIED.

THANK YOU.

THE NEXT ITEM ON

[2. 26-54667 Recommendation to approve the minutes for the Cultural Heritage Commission meeting of Tuesday, January 27, 2026.       Suggested Action: Approve recommendation. ]

MAY I HAVE A MOTION A SECOND ON THIS ITEM? I I CAN TAKE A VERBAL SECOND.

NEVERMIND.

UH, WE HAVE A MOTION FROM COMMISSIONER PRYOR AND A SECOND FROM COMMISSIONER PISO.

THANK YOU, COMMISSIONERS.

ARE ANY QUESTIONS REGARDING THE MINUTES? IF THERE ARE NONE, WE'LL TAKE PUBLIC COMMENT AT THIS TIME, IF THERE ARE NONE MM-HMM .

VIRTUALLY.

IF YOU'RE JOINING VIRTUALLY, USE THE RAISE HAND FEATURE NOW.

IF JOINING TELEPHONICALLY, PLEASE, PLEASE PRESS STAR NINE.

NOW.

THERE APPEARS TO BE NO FURTHER PUBLIC COMMENT ON THIS ITEM.

THANK YOU.

MADAM CLERK, PLEASE CALL FOR THE VOTE.

I, COMMISSIONER HUNTER? YES.

MOTION IS CARRIED.

THANK YOU.

UH, THE NEXT ITEM

[3. 26-54668 Recommendation to receive and file a presentation on the Annual Update from the Office of Ethics and Transparency.       Suggested Action: Approve recommendation. ]

MAY HAVE A MOTION TO SECOND ON THIS ITEM.

COMMISSIONER HUNTER MAKES THAT MOTION.

SORRY.

SO, UH, VICE CHAIR GFE MOTION AND SECONDED BY COMMISSIONER HUNTER.

THANK YOU.

WE'LL TURN IT OVER TO STAFF.

THANK YOU SO MUCH.

CHAIR AND COMMISSION.

I JUST WANNA INTRODUCE, UM, HEATHER VAN WICK FROM THE CITY MANAGER'S OFFICE WHO OVERSEES, UH, THE WORK OF THE, UM, ETHICS TEAM AS THE ETHICS OFFICER, AND WE'LL PROVIDE, UH, THIS, UH, REFRESHER AND TRAINING FOR YOU THIS EVENING.

HEATHER? HI, COMMISSIONERS.

IT'S GOOD TO SEE EVERYONE AGAIN.

UH, BEFORE I GET STARTED WITH

[00:15:01]

HE IS THE DIRECTOR OF COMMUNITY ENGAGEMENT, AND WHEN WE STARTED THIS ROAD SHOW, GOSH, ABOUT TWO YEARS AGO, UM, IT WAS REALLY A COLLABORATION OF THE CITY MANAGER, THE MAYOR, AND THE CITY ATTORNEY'S OFFICE.

UM, AND IT, WE'VE JUST KIND OF BEEN BUILDING MOMENTUM SINCE.

SO, UH, I JUST WANNA TURN IT OVER TO JEFF SO HE CAN SAY HI.

THANK YOU, HEATHER.

UM, WELL, AND THAT'S TRUE.

PART OF THE TIME I COME ALONG FOR THE ROAD SHOW IS REALLY JUST TO SAY HI, AND THANK YOU, UH, ON BEHALF OF THE MAYOR'S OFFICE.

SO WE HAVE, ESPECIALLY THIS COMMISSION JUST SAYING HI TO YOU ALL.

WE HAVE SOME REALLY PASSIONATE, COMMITTED, UH, COMMISSIONERS UP HERE.

UM, WE'RE VERY LUCKY AS A CITY TO HAVE THIS.

SO, UH, REALLY ALSO WANTED REALLY THANK HEATHER FOR LEADING THE CHARGE ON THIS ROADSHOW.

THAT WAS ONE OF THE FEEDBACKS IS, IS KEEPING THIS RATE OF COMMUNICATION.

AND IF Y'ALL HAVE OTHER REQUESTS OR OTHER NEEDS FROM, UM, AS COMMISSIONERS, LET US KNOW.

WE'RE GONNA BE LOOKING AT SOME THINGS THIS SUMMER ABOUT MAYBE, UM, UH, YOU KNOW, LOOKING HOW WE CAN MAKE THE COMMISSION EXPERIENCE BETTER AND ALSO RECRUITING AS WELL.

SO, UM, IF YOU HAVE ANY, UH, FRIENDS OR COLLEAGUES THAT ARE INTERESTED, WE'RE GONNA BE DOING LARGE, UM, APPOINTMENTS IN JUNE FOR, UH, FOR A LOT OF TERMS THAT ARE ENDING HERE AT THE END OF THE SUMMER.

SO, UH, BUT ANYWAY, THANK YOU FOR ALL YOU DO.

UH, PLEASE KEEP IN TOUCH.

AND I DID GET, UH, THE CHAIR'S REQUEST ABOUT GETTING THE MAYOR TO AN UPCOMING MEETING.

SO I THINK MAYBE THIS SUMMER WE CAN SEE IF WE CAN MAKE THAT HAPPEN.

I'LL BE HAPPY TO TRY TO, TO MAKE THAT WORK.

THANK YOU ALL.

UH, THANK YOU MR. WILLIAMS FOR THAT COMMENT.

UH, AND ALSO WE HAVE A LEAK IN THE, UM, THE MEETING AREA IF , IF YOU HAVE ANY POWER , BUT THANK YOU.

WE'LL SEE , I'LL TRY .

THANKS JEFF.

SO, AGAIN, EVERYONE, UH, MY NAME IS HEATHER VAN WICK.

I'M THE ETHICS OFFICER FOR THE CITY.

UM, I MANAGE THE OFFICE OF ETHICS AND TRANSPARENCY, WHICH IS HOUSED IN THE CITY MANAGER'S OFFICE.

TRY IF WE COULD GET SOME HELP ADVANCING THE SLIDE.

SORRY GUYS.

MY CLICKER'S NOT WORKING.

THANK YOU.

SO, JUST A QUICK REMINDER, UM, THE OFFICE OF ETHICS AND TRANSPARENCY, WE CAME TOGETHER IN 2024.

UM, OUR MISSION IS PRETTY SIMPLE.

IT'S TO BUILD TRUST AMONG THE PUBLIC EMPLOYEES AND OFFICIALS, AND TO PROVIDE THE NECESSARY RESOURCES TO MAKE IMPARTIAL DECISIONS AS STEWARDS OF PUBLIC RESOURCES.

SO OUR PRIOR, WHAT WE, WE TEND TO FOCUS ON, UH, IS GUIDANCE AND EDUCATION.

WE HAVE OUR ETHICS HELPLINE.

WE OFFER ADVICE, UM, NOT LEGAL ADVICE.

I WANT TO SAY THAT THAT USUALLY ALWAYS GOES TO THE CITY ATTORNEY'S OFFICE.

UH, WE FOCUS ON TRANSPARENCY AND PUBLIC TRUST.

SO UNDER THE OET IS OUR PUBLIC RECORDS ACT PROGRAM.

AND THEN, UH, AS I MENTIONED EARLIER, WE'RE ALWAYS WORKING IN PARTNERSHIP WITH CITY DEPARTMENTS.

NEXT SLIDE, PLEASE.

OH, COOL.

THANK YOU.

SO JUST WANNA SHARE SOME OF OUR ACCOMPLISHMENTS IN 2025, UH, WHICH FOCUSED ON BUILDING A STRONGER ETHICS AND TRANSPARENCY PROGRAM.

SO WE LAUNCHED A FIVE YEAR STRATEGIC ROADMAP.

WE ADVANCED A UNIFIED CITYWIDE ETHICS FRAMEWORK, WHICH IS, UH, RIGHT NOW CALLED THE FAIR ACT.

WE DEVELOPED THE CITY'S FRAMEWORK FOR ETHICAL DECISION MAKING.

WE BUILT OUT A MASTER COMMUNICATIONS AND EDUCATION PLAN, AND THEN REALLY FOCUSED ON OUTREACH LIKE THIS, UM, AND SUPPORT FOR BOARDS AND COMMISSIONS AND OUR STAFF LIAISONS.

AND THIS IS JUST A, A SNAPSHOT OF OUR FRAMEWORK FOR ETHICAL DECISION MAKING.

SO IT'S REALLY JUST A TOOL FOR EMPLOYEES AND OFFICIALS TO USE, UM, IN THOSE GRAY SPACES WHERE YOU'RE, WHERE THE RIGHT AN THERE COULD BE A FEW RIGHT ANSWERS OR THE LESS, THE LESS BAD OF ALL THE BAD ANSWERS YOU CAN MAKE.

SO THIS FRAMEWORK JUST KIND OF HELPS YOU WORK YOUR WAY THROUGH, UM, RECOGNIZING ISSUE, GETTING THE FACTS AND LEAD YOU TO AN OUTCOME AND REFLECTION.

SO THIS IS SOMETHING THAT'S EMBEDDED IN OUR TRAININGS THIS YEAR.

SO WHAT'S COMING THIS YEAR? WE'RE ALREADY A QUARTER OF THE WAY THROUGH.

UM, AGAIN, WE'RE WORKING ON THE FAIR ACT.

SO THIS IS CURRENTLY UNDER, UH, CITY COUNCIL REVIEW.

THIS IS A CONSOLIDATED FRAMEWORK THAT WORKS TO BRING TOGETHER

[00:20:01]

SO OUR HOPE IS TO CREATE REALLY ONE CLEAR FOUNDATION FOR ETHICAL DECISION MAKING ACROSS THE CITY.

UM, AGAIN, IT'S IN COMMITTEE, SO IT STILL HAS A WAY TO GO.

UM, IT, IT STILL HAS TO GO THROUGH THE CITY'S ATTORNEY'S OFFICE, ET CETERA, BUT ONCE THIS IS IN PLACE, THIS WILL AFFECT ALL OF US.

SO MORE INFORMATION AND TRAININGS TO COME ON THAT I'VE BEEN, AGAIN, FOCUSING ON OUR DECISION MAKING TOOLS.

THIS YEAR WE'LL ALSO BE, UH, FOCUSING ON LEADERSHIP SUPPORT.

SO TARGETED OUTREACH TO OUR MANAGERS AND SUPERVISORS, REFRESHING THE TOOLS THAT WE HAVE, UH, REALLY WORKING ON PLAIN LANGUAGE ETHICS.

AND THEN, UH, JUST ADVOCATING FOR OURSELVES AND HIGHLIGHTING THAT WE ARE HERE IF YOU HAVE QUESTIONS OR NEED GUIDANCE.

UM, WE REALLY TRY TO EMPHASIZE EARLY QUESTIONS.

SO THE OTHER REASON I'M HERE TO TALK TO YOU TONIGHT IS, UH, TALK ABOUT WHAT ADVISORY BODIES DO AND WHY ETHICS MATTERS.

SO, AS ADVISORY BODIES AND I MANAGE, OR I OVER, I SUPPORT THE ETHICS COMMISSION.

SO WHAT WE DO AS COMMISSIONS AND, AND STAFF SUPPORT, UM, ADVISE, RECOMMEND, INFORM YOUR DECISIONS, REALLY, OR RECOMMENDATIONS REALLY HELP SHAPE PUBLIC TRUST, WHICH INFLUENCE CITY DECISIONS.

SO I JUST WANNA REITERATE THAT YOUR ROLE MATTERS.

EVEN THOUGH ADVISORY BODIES DON'T MAKE FINAL DECISIONS, YOUR RECOMMENDATIONS ARE EXTREMELY IMPORTANT BECAUSE THEY INFLUENCE COUNCIL ACTIONS, THEY INFLUENCE STAFF ACTIONS AND INFLUENCE PUBLIC PERCEPTION.

SO BECAUSE OF THAT INFLUENCE, ETHICAL CONDUCT AND ADHERENCE TO THE CITY'S VALUES REALLY MATTER.

AND THROUGHOUT THE, UH, PRESENTATION, YOU'LL SEE LITTLE FINGERS POINTING.

SO THESE ARE JUST FRIENDLY REMINDERS FOR, UM, COMMISSIONERS.

SO WE HAVE OUR ANNUAL REPORTS.

THESE ARE DUE ON JUNE 1ST.

THIS IS REQUIRED FOR ALL, UH, COMMISSIONS EXCEPT FOR CHARTER COMMISSIONS.

HOWEVER, SOME OF THEM STILL DO THEM ANYWAY, WHICH IS GREAT.

UM, THESE ARE REQUIRED FOR TRANSPARENCY AND ACCOUNTABILITY AND REALLY REFLECT THE WORK IN YOUR PRIORITIES.

IT, IT REALLY, UM, SHOWCASES WHAT YOU DO ALL YEAR.

SO I I IT'S IMPORTANT THAT YOU REALLY, UH, PROMOTE YOUR WORK IN THESE ANNUAL REPORTS.

OUR FORM 700, TODAY IS THE LAST DAY TO GET THAT IN TO BE COMPLIANT.

UM, IF YOU'VE NOT DONE THAT YET, YOU'VE HEARD FROM OUR FRIENDS IN THE CLERK'S OFFICE.

UM, AND JUST A REMINDER, THEY HAVE TO BE FILED ACCURATELY AND ON TIME.

SO THE DUE DATE IS APRIL 1ST AND DISCLOSES FINANCIAL INTEREST THAT COULD, UH, PRESENT CONFLICTS.

SO FAIRNESS AND PROCESS, THEY MATTER.

SO COMMISSION MEETINGS MUST BE CONDUCTED IN ACCORDANCE WITH THE BROWN ACT BYLAWS AND ROBERT'S RULES OF ORDER.

AND AARON, AGAIN WILL SPEND SOME TIME ON THAT IN, UH, THE NEXT PRESENTATION.

THESE RULES ENSURE OPEN AND TRANSPARENT DELIBERATION, EQUAL ACCESS TO INFORMATION AND AGAIN, PUBLIC TRUST IN THE PROCESS.

BY NOW, I'M SURE YOU'VE CAUGHT ONTO THE THEME THAT PUBLIC TRUST IS REALLY AT THE CORE OF WHAT WE DO, UNBIASED DECISION MAKING.

SO JUST A REMINDER THAT COMMISSIONERS MUST REMAIN IMPARTIAL AND OBJECTIVES DECISIONS SHOULD BE BASED ON THE RECORD FACTS AND ADOPTED CRITERIA.

EVEN THE APPEARANCE OF BIAS CAN UNDERMINE PUBLIC TRUST.

AND WE'VE SEEN THIS HAPPEN IN OTHER COMMISSIONS.

PUBLIC CONFIDENCE DEPENDS ON FAIRNESS, NOT JUST OUTCOMES.

SO ANOTHER REMINDER, ONLY THE CHAIR OR ANOTHER MEMBER FORMALLY AUTHORIZED BY THE COMMISSION MAY SPEAK ON BEHALF OF THE COMMISSION.

SO THIS APPLIES TO ADDRESSING CITY COUNCIL AND OTHER PUBLIC MEETINGS, EMAILS OR LETTERS, SOCIAL MEDIA POSTS, SIGNATURES, ENDORSEMENTS OR PUBLIC STATEMENTS, WHY THIS MATTERS.

FORMAL APPROVAL PROCESSES HELP ENSURE STATEMENTS MADE OUTSIDE OF MEETINGS, REFLECT THE COMMISSION'S COLLECTIVE POSITION, ALIGN WITH ADOPTIVE OBJECTIVES, AND DO NOT PROMOTE PERSONAL AGENDAS OR BIASES.

YOU MAY SPEAK PERSONALLY AS A RESIDENT, BUT NOT OFFICIALLY AS A COMMISSIONER, AGAIN, WITHOUT AUTHORIZATION.

SO MISUSE OF AUTHORITY CAN OCCUR WHEN PERSONAL VIEWS APPEAR TO BE THE OFFICIAL POSITION.

[00:25:01]

BUT JUST TO, JUST WANNA GO OVER QUICKLY THE DIFFERENT TRAININGS THAT YOU'RE RESPONSIBLE FOR.

SO ANNUALLY WE HAVE OUR CITY REQUIRED CODE OF CONDUCT AND ETHICS.

THAT'S THE 30 MINUTE TRAINING.

EVERY TWO YEARS WE HAVE THE STATE AND CITY REQUIRED HARASSMENT TRAINING FOR CALIFORNIA EMPLOYEES.

ALSO.

EVERY TWO YEARS WE HAVE THE STATE REQUIRED AB 1234 ETHICS TRAINING.

SO THIS NOW LIVES IN OUR LEARN PLATFORM, UM, AND IS, UH, DIVIDED UP INTO FIVE PARTS SO YOU DON'T HAVE TO TAKE THEM ALL AT THE SAME TIME, BUT YOU HAVE TO TAKE THEM ALL BEFORE YOU'RE CONSIDERED COMPLIANCE.

AND THAT'S TWO HOURS WORTH OF TRAINING.

AND THEN THE MAYOR REQUIRED TRAININGS, WHICH YOU ALL HAVE DONE.

UM, WE HAVE OUR 2030 STRATEGIC VISION IN OUR PARLIAMENTARY PROCEDURE FOR PUBLIC MEETINGS.

AND AGAIN, ALL OF THESE TRAININGS LIVE IN OUR LEARN, UH, IN OUR LEARNING MANAGEMENT SYSTEM, WHICH IS CALLED LEARN HELPLINE.

SO WE HAVE, OUR OFFICE HAS A HELPLINE.

UH, THIS IS SEPARATE FROM THE AUDITOR'S FRAUD HOTLINE.

UM, IT'S A 24 HOUR NUMBER.

WE ALSO HAVE AN ONLINE FORM.

THIS IS AVAILABLE TO THE PUBLIC.

UM, HOWEVER, MOST OF THE CALLS WE RECEIVE ON OUR HELPLINE ARE FROM EMPLOYEES, UH, CONFIDENTIAL AND ANONYMOUS TO THE DEGREE THAT THE LAW ALLOWS THAT.

AND AGAIN, IT'S 24 7 KEY TAKEAWAYS AND REMINDERS.

EVERYTHING WE JUST WENT OVER, REMINDER THAT YOUR ROLE IS ADVISORY.

KNOW WHEN YOU'RE SPEAKING PERSONALLY VERSUS OFFICIALLY FORMAL APPROVAL PROCESSES MATTER.

I CAN'T EMPHASIZE ENOUGH HOW IMPORTANT IT IS TO REMAIN FAIR, IMPARTIAL, AND UNBIASED.

ALL OF YOUR DECISIONS SHOULD BE MADE BEHIND THE DAIS.

FOLLOW MEETING RULES AND PROCEDURES.

AGAIN, AARON WILL GO OVER THAT IN A MINUTE.

UH, COMPLETE YOUR REQUIRED TRAININGS AND DISCLOSURES AND IF YOU'RE NOT SURE, ASK.

THAT'S WHY WE'RE HERE.

AND BEFORE I END, I'D JUST LIKE TO PROMOTE, UM, ALL THE DIFFERENT RESOURCES.

UM, WE'VE GOT OUR OET HOMEPAGE, OUR DISCLOSURE REPORTS AND ETHICS PORTAL THAT THE CLERK MANAGES OUR FRAUD HOTLINE, WHICH I MANAGED.

AND THEN I, I LIKE TO EMPHASIZE AND THEN REEMPHASIZE WHERE THE TWO POINTERS ARE.

WE HAVE OUR ETHICS GUIDE FOR LONG BEACH CITY OFFICIALS AND EMPLOYEES.

THIS GUIDE IS MANAGED BY OUR CITY ATTORNEY AND IT'S REALLY A HIGH LEVEL OVERVIEW OF ALL THE LEGAL REQUIREMENTS THAT YOU HAVE TO ABIDE BY AS PUBLIC OFFICIALS.

AND THEN WE HAVE OUR COMMISSION BOARD AND COMMITTEE HANDBOOK.

THIS IS MANAGED BY OUR CITY CLERK 90 ISH PERCENT OF THE TIME.

THAT'S NOT LIKE A FACT PROVEN FIGURE, BUT MOST OF THE QUESTIONS THAT YOU HAVE CAN BE ANSWERED IN THIS HANDBOOK.

IT'S VERY HANDY.

UH, SO I RECOMMEND, UH, TAKING A LOOK AT THAT.

AND WITH THAT, THAT ENDS MY PRESENTATION FOR THIS YEAR.

THANK YOU.

THANK YOU.

AT THIS TIME ARE ANY COMMISSIONERS HAVE A QUESTION REGARDING THE PRESENTATION? I DO HAVE A QUICK QUESTION.

COMMISSIONER PRYOR.

UM, REGARDING THE TRAININGS, UM, AND MAYBE I SHOULD TAKE THIS OFFLINE, I'M NOT SURE YOU CAN TELL ME.

UM, IF WE ARE ALREADY TAKING THESE TRAININGS IN OUR DAY JOBS, UM, THAT ARE THE SAME EXACT TRAININGS, IS IT POSSIBLE FOR THOSE TO BE TO COUNT? YES, USUALLY THEY DO.

UM, YOU WOULD JUST FOLLOW UP EITHER WITH YOUR STAFF LIAISON AND THEY CAN COMMUNICATE EITHER WITH THE CLERK OR WHATEVER TRAINING YOU'RE TAKING.

USUALLY IT'S THE CLERK'S OFFICE, SOMETIMES HR, BUT THOSE TYPICALLY DO COUNT.

OKAY, WONDERFUL.

THANK YOU SO MUCH.

THAT WAS A GOOD QUESTION.

ANY OTHER COMMISSIONERS HAVE A QUESTION FOR THE STAFF AT THIS TIME? IF THERE ARE NONE, WE'LL OPEN UP TO THE PUBLIC.

DO YOU HAVE THREE MINUTES TO ADDRESS THE BROWN ACT AGENDA ITEM, THE ETHICS UPDATE ITEM? IF THERE'S ANY PUBLIC COMMENT FOR ITEM THREE, PLEASE LINE UP AT THE PODIUM AT THIS TIME.

SEEING NONE IN PERSON VIRTUALLY.

IF YOU ARE JOINING VIRTUALLY AND WOULD LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM, PLEASE USE THE RAISE HAND FEATURE.

NOW, IF JOINING TELEPHONICALLY, PLEASE PRESS STAR NINE NOW.

SEE NONE.

THAT CONCLUDES PUBLIC COMMENT ON THIS ITEM.

THANK YOU.

UH,

[00:30:03]

MOTION IS CARRIED.

THANK YOU MADAM CLERK, PLEASE READ THE NEXT ITEM.

ITEM NUMBER FOUR IS

[4. 26-54669 Recommendation to receive and file a presentation on the Brown Act from the City Attorney’s Office.       Suggested Action: Approve recommendation. ]

MAY I HAVE A MOTION AND A SECOND PLEASE? THE MOTION WAS APPROVED BY COMMISSIONER PRYOR AND SECONDED BY COMMISSIONER HUNTER.

WE'LL NOW TURN IT OVER TO STAFF.

GREAT.

AND FOR THIS, UM, TRAINING ON, UH, THE BROWN ACT, YOU'LL GET TO HEAR FROM OUR DEPUTY CITY ATTORNEY, ERIN WIESNER MCKINLEY.

HI EVERYONE.

WE GET TO DO THIS ANNUALLY AND I'M EXCITED TO BE HERE WITH YOU.

I KNOW IT'S A HIGHLIGHT OF THE YEAR FOR ALL OF US, BUT TRULY IT'S REALLY IMPORTANT.

UM, WHAT WE DO IS THE CORNERSTONE OF SOCIETY.

IT BUILDS TRUST WITH OUR COMMUNITY AND THE BROWN ACT ALLOWS ALL THAT TO HAPPEN.

SO THANK YOU FOR INDULGING ME.

I KNOW THIS IS FOR MANY OF YOU NOT YOUR FIRST BROWN ACT RODEO.

SO WE WILL KEEP IT TIGHT AND WE'LL HIT THE THINGS THAT REALLY HAVE THAT IMPLEMENTATION IMPACT AND THE JOB THAT YOU DO HERE ON THE DIOCESE AND IN PREPARING TO BE HERE.

SO I'M YOUR PRESENTER.

SO EXCITING.

UM, BUT WE'LL KICK OFF HIGH LEVEL.

WHAT WE'RE LOOKING TO DO IS WE'RE GONNA TALK REALLY BRIEFLY ABOUT THE HISTORY OF THE BROWN ACTS.

IT HELPS CONTEXTUALIZE IT.

WE'LL TALK ABOUT ITS GENERAL PRINCIPLES BECAUSE THAT'S A SOLID GROUNDING FOR DECISION MAKING.

WHEN YOU LEAVE THIS CHAMBERS.

AND WHILE YOU'RE IN IT, I TALK ABOUT AVOIDING THE APPEARANCE OF IMPROPRIETY, EX PARTE CONTACTS WHO IS SUBJECT TO THE BROWN ACT.

SPOILER ALERT, YOU ARE WHAT IS A MEETING UNDER THE BROWN ACT? ANOTHER SPOILER.

THIS IS THE TYPES OF CONTACTS THAT ARE PROHIBITED AND ALLOWED.

WE'LL TALK A LITTLE BIT ABOUT AGENDAS, UM, WHERE MEETINGS CAN BE HELD, THE RIGHTS OF THE PUBLIC BECAUSE THAT'S REALLY WHAT THE BROWN ACT IS PROTECTING.

WE'LL SPEAK BRIEFLY ABOUT THE ROLE OF THE CHAIR.

WE'LL TALK VERY BRIEFLY ABOUT CLOSED SESSION 'CAUSE IT'S NOT ANYTHING WE REALLY RUN INTO HERE, BUT IT'S JUST A GREAT EDUCATIONAL PIECE FOR OUR PUBLIC PARTICIPANTS AND FOR YOU GUYS TO KNOW.

AND THEN WE'LL TALK ABOUT THE CONSEQUENCES OF NOT FOLLOWING THE BROWN ACT.

SO BY WAY OF BACKGROUND, THE BROWN ACT WAS ENACTED IN 1953 AND IT RESULTED FROM A SERIES OF ARTICLES THAT HAPPENED IN THE SAN FRANCISCO CHRONICLE BY A REPORTER, UM, NAMED MIKE HARRIS AFTER HE SPENT SIX WEEKS LOOKING AT HOW MEETINGS WERE CONDUCTED.

AND IT TURNS OUT THEY WERE CONDUCTED BEHIND CLOSED DOORS WITH SECRET VOTES WITHOUT THE PUBLIC'S KNOWLEDGE.

AND IT WAS A 10 PART SERIES CALLED YOUR SECRET GOVERNMENT.

AND THE RESPONSE WAS ONE OF SUCH DISBELIEF AND FRUSTRATION THAT THOSE, THOSE SERIES OF ESSAYS WERE PUBLISHED IN 1952 AND THE BROWN ACT CAME INTO BEING IN 1953.

AND NOT SAYING THAT GOVERNMENT MOVES LIKE THE TITANIC, BUT IT IS SLOW MOVING.

AND SO IT WAS PRETTY INCREDIBLE THAT THERE WAS THIS RESPONSE TO THIS SERIES OF, UM, ARTICLES IN A VERY RAPID TIME.

NOW, WHEN THE BROWN ACT WAS FIRST CREATED WITH THE ORIGINAL STATUTE WAS ONLY 686 WORDS, IT HAS SUBSTANTIALLY GROWN SINCE THEN .

SO YOU HAVE MORE THINGS TO THINK ABOUT, UM, AND TO KIND OF BRING INTO YOUR PRACTICE AS A COMMISSIONER.

AND SO NOW IT'S WELL OVER 20,000 WORDS, BUT MOST SIGNIFICANT SIGNIFICANTLY, IT HAS THE SAME GENERAL PRINCIPLES ARE AT ITS CORE.

AND SO THOSE PRINCIPLES REALLY ARE THAT ALL MEETINGS ARE OPEN AND PUBLIC.

WE'RE NOT DOING DELIBERATING THINGS BEHIND CLOSED DOORS.

EVERYONE GETS AN OPPORTUNITY TO PARTICIPATE IN THOSE OPEN DELIBERATIONS.

THAT THERE'S ACTIONS AND DELIBERATIONS ARE OPEN AND ABLE TO SEE THAT PEOPLE HAVE THE RIGHT TO ATTEND, THE RIGHT TO PARTICIPATE.

AND THAT ONLY MATTERS THAT ARE ON THE AGENDA ARE DISCUSSED.

AND THAT WAS, I MEAN, WE DON'T ALWAYS HAPPEN HAVE HAPPENED.

WHAT WE HAPPEN, WHAT HAPPENED IN OUR DIRECTOR'S REPORT TODAY OF SAYING WE CAN'T BRING THIS BACK BECAUSE IT'S NOT, WE CAN'T AGENDIZE IT 'CAUSE IT'S NOT WITHIN YOUR, UM, THE JURISDICTION OF THIS BODY.

BUT THAT WAS US.

THAT WAS A REALLY PERFECT EXAMPLE OF THE BROWN ACT COMING INTO PLAY IN RELATION TO HOW THIS BODY OPERATES.

SO WE ARE GOING TO TALK ABOUT THE BROWN ACT, WHICH IS A VERY CLEAR HOW WE WILL BEHAVE TO ENSURE PUBLIC, UM, PARTICIPATION IN AN OPEN AND FAIR AND TRANSPARENT PROCESS.

WHAT I LIKE TO REMIND COMMISSIONERS IS THAT IF YOU ARE THINKING ABOUT AVOIDING THE APPEARANCE OF IMPROPRIETY, YOU WILL BE COMPLYING WITH THE BROWN ACT.

SO SOMETIMES THAT

[00:35:01]

AND SO I LIKE TO TALK ABOUT THE BROWN ACT IN THE LENS OF AVOIDING THE IMPROPER, THE AVOIDING THE APPEARANCE OF IMPROPRIETY BECAUSE AT ITS CORE, THE BROWN ACT IS A TRUST BUILDING PIECE OF LEGISLATION.

SO THAT'S REALLY WHAT WE SHOULD BE DOING AS WE ARE IN THE COMMUNITY.

AND AS YOU'RE SERVING YOUR TIME ON THE DAIS.

AND THE BIGGEST PIECE, AND I THINK YOU HEARD IT FROM HEATHER, UH, MULTIPLE TIMES IN HER PRESENTATION, IS THAT WE WANT THAT THOSE FAIR AND OPEN CONVERSATIONS HERE, BUT ALSO THERE'S DUE PROCESS RIGHTS THAT CAN ATTACH FOR, FOR THOSE THAT COME AND APPEAR BEFORE YOU, WHETHER IT'S ON A CERTIFICATE OF APPROPRIATENESS.

AND SO THERE IS THAT NEED TO ENSURE THAT PEOPLE ARE GETTING THAT THEIR FAIR RIGHTS BEFORE THIS BODY.

SO ONE OF THE BIG PRINCIPLES, UM, THAT BRINGS THAT APPEARANCE OF IMPROPRIETY ARE THINGS CALLED EX PARTY CONTACTS.

AND EX PARTY CONTACTS ARE INTERRELATED WITH GIVING FOLKS THEIR THEIR DUE PROCESS RIGHTS BEFORE THE BODY.

AND SO EX PARTY DUE PROCESS REQUIRES THE PARTIES TO RECEIVE A FAIR AND IMPARTIAL HEARING BEFORE FAIR AND IMPARTIAL DECISION MAKERS, WHICH MEANS THAT YOU ARE GOING TO READ THE INFORMATION BEFORE YOU, YOU'RE GOING TO LISTEN TO THE PRESENTATIONS, YOU'RE GOING TO HAVE YOUR DISCUSSION ON THE DIETS IN THE PUBLIC, DO THAT DELIBERATION FOR THE PUBLIC TO SEE AND PARTICIPATE IN BEFORE MAKING ANY DECISION ON THE ITEMS THAT COME BEFORE YOU.

EX PARTY CONTACTS ARE COMMUNICATIONS THAT OCCUR BETWEEN YOU ALL.

YOU ARE OUR GOVERNMENT DECISION MAKERS AND THIRD PARTIES THAT ARE OUTSIDE OF THIS DECISION MAKING PROCESS AND FAILURE TO GIVE ANY OF THE PARTIES A FAIR TRIAL.

THE RESULT OF THAT IS THAT THE DECISION THAT'S BASED ON HERE CAN BE UNDONE AND YOUR DECISIONS HAVE UPSTREAM CONSEQUENCES.

THEY MOVE FORWARD IN TIME.

SO IF WE'RE KIND OF BUILDING OUR FOUNDATION FOR OUR LEADER DECISION MAKERS LIKE THE CITY COUNCIL ON THAT SHAKY FOUNDATION, IT CAN REALLY UNDERMINE THAT ENTIRE DECISION MAKING PROCESS.

AND THE LAST PIECE IS THAT IF YOU THINK YOU MAY HAVE HAD AN EX PARTE CONTACT, IT WOULD BE GREAT TO REACH OUT TO ME AND TO OUR OFFICE AND THEN WE CAN EVALUATE IF YOU HAVE A NEED TO RECUSE YOURSELF FROM THAT DECISION MAKING PROCESS.

SO HERE'S SOME EXAMPLES OF SOME EX PARTE COMMUNICATIONS OR SOME EX PARTE CONTACTS.

ONE IS A BOARD MEMBER THAT MENTIONS AT A COMMUNITY MEETING THAT THEY THINK IT'S A BAD IDEA FOR COCKTAIL BARS TO BE ALLOWED TO OPERATE WITHIN A SPECIFIC NEIGHBORHOOD BECAUSE THE SCHOOL IS CLOSE BY AND THEY'RE MAKING THIS COMMENT BEFORE THE BOARD HEARS THE MATTER .

SO CAN DO WE SEE, WE GET A SENSE OF THE APPEARANCE OF IMPROPRIETY THERE.

I I IF YOU, IF THE BOARD MEMBER IN THIS INSTANCE, IF THEIR MIND IS MADE UP ABOUT HOW THEY FEEL ABOUT COCKTAIL BARS, IT'S A VERY DIFFICULT FOR THEM TO COME AND TO GIVE AND BE A FAIR AND IMPARTIAL DECISION MAKER ON A PETITIONER OR AN APPLICATION THAT COMES BEFORE THEM.

THE NEXT EXAMPLE ARE COMMISSIONERS THAT MEET PRIVATELY.

PRIVATELY IS A GOOD INDICATION OF A PROBLEM WITH AN APPLICANT ABOUT WHY THEIR APPLICATION FOR A CONDITIONAL USE PERMIT SHOULD BE APPROVED BEFORE THE COMMISSION HEARS THE MATTER AT A PUBLIC MEETING.

SO AGAIN, WE WANT THERE TO BE THAT OPEN, FAIR, AND TRANSPARENT PROCESS OF PEOPLE BEING ABLE TO SEE YOU RECEIVE THE INFORMATION AND THAT PEOPLE, THAT INFORMATION BEING EQUALLY AVAILABLE TO THE PUBLIC AS IT IS TO YOU.

YOU PROBABLY NOTICE THAT WHEN OUR AGENDA PACKETS ARE PUBLISHED, WHEN THEY'RE GIVEN TO YOU, THEY ARE AT THE SAME TIME PROVIDED TO THE PUBLIC SO THEY CAN PARTICIPATE IN YOUR DECISION MAKING PROCESS.

AND THEN THE LAST IS THE COMMISSIONER THAT MEETS PRIVATELY WITH STAFF BECAUSE THEY DO NOT SUPPORT A CANNABIS DISPENSARY'S LOCATION BEFORE THE COMMISSION HEARS THE PERMIT AT A PUBLIC MEETING.

SO AGAIN, IT'S JUST THAT EX PARTE COMMUNICATION WHERE STAFF WILL BE PRESENTING TO YOU AS PART OF YOUR, UM, PROCESS, YOUR DELIBERATION PROCESS AS WELL AS THE APPLICANT.

SO WHO IS SUBJECT TO THE BROWN ACT? AGAIN, THAT'S YOU ALL.

UM, AND ON THE KIND OF HERE ON THE SLIDE ARE ALL THE LARGER BODIES THAT ARE, IT SOUNDS LIKE COMMISSIONER PRYOR, YOU MIGHT HAVE THIS IN OTHER PARTS OF YOUR LIFE WHERE YOU HAVE THE BROWN ACT HAPPENING.

UM, THE ONE INSTANCE, AND I WANNA TALK ABOUT WHERE IT DOES NOT APPLY.

SO WE LEGISLATIVE BODIES, SUBCOMMITTEES THAT ARE FROM FORMAL ACTION BODIES OR ENTITIES CREATED BY THE CITY COUNCIL OR LAWFULLY DELEGATED AUTHORITY OF THE COUNCIL BODIES OR ENTITIES THAT RECEIVES FUNDS FROM THE CITY, UM, AND THEIR GOVERNING BODY, INCLUDING A COUNCIL MEMBER.

WHAT'S NOT CONSIDERED A BODY UNDER THE BROWN ACT IS A TEMPORARY AD HOC COMMITTEE MADE UP OF COMMISSIONERS LESS THAN A, UM, QUORUM AND FOR A SPECIFIC AND NARROW PURPOSE.

SO WHERE IT'S LIMITED IN TIME AND IT'S LIMITED IN SCOPE AND IT WILL GO AWAY, THAT IS NOT CONSIDERED A BROWN ACT BODY.

SO WHAT IS A MEETING UNDER THE BROWN ACT? AND A MEETING UNDER THE BROWN ACT CAN BE MORE THAN YOU THINK.

SO IN THAT ORIGINATING 686 WORDS, ANY CONGREGATION OF A MAJORITY OF THE COMMISSIONERS,

[00:40:01]

THAT CONSTITUTES A MEETING.

SO IT COULD BE AT AN EVENT, IT COULD BE ON AN ONLINE CHAT ROOM.

THERE'S LOTS OF PLACES WHERE A MEETING CAN TAKE PLACE IF WE'RE NOT AWARE AND COGNIZANT IF YOU GUYS ARE HAVING THOSE DELIBERATIONS AND THERE'S MORE THAN A QUORUM OF YOU SIGNIFICANTLY, IT HAS TO BE A QUORUM.

THERE HAS TO BE A QUORUM TO HOLD A MEETING.

UM, AND A QUORUM FOR YOU GUYS.

YOU ARE A BODY OF SEVEN.

SO A QUORUM IS HALF PLUS ONE WITH, I WENT TO LAW SCHOOL AND SO MATH IS CLEARLY NOT MY STRONG SUIT, BUT I FOUR IS YOUR NUMBER FOR A QUORUM.

THAT'S YOUR MAGICAL QUORUM NUMBER FOR A BROWN ACT.

UM, SO THERE ARE CERTAIN THINGS LIKE REALLY QUICKLY, 'CAUSE I DON'T WANNA SCARE YOU, UM, WITH THE BROWN ACT ON WHAT IS A MEETING, THERE ARE CERTAIN THINGS THAT ARE EXPLICITLY NOT A MEETING UNDER THE BROWN ACT AND THE BROWN ACT, IT'S KIND OF BALANCING THE NEED FOR YOU TO BE IN THE PUBLIC AND TO GAIN INFORMATION AND TO PARTICIPATE IN YOUR COMMUNITY ALONG WITH THOSE NEEDS FOR, UM, DUE PROCESS AND FOR FAIR AND TRANSPARENT DELIBERATIONS.

SO THE WAY THAT THEY DO THAT IS THEY'VE GOT SOME EXCEPTIONS.

SO INDIVIDUAL CONTACTS, AS LONG AS IT'S NOT AN EX PARTE COMMUNICATION AND YOU'RE GETTING SOME INFORMATION OR YOU'RE LEARNING SOMETHING THAT THOSE ARE, THOSE ARE OKAY.

IT'S ALSO OKAY FOR YOU TO TALK ONE ON ONE WITH WITH EACH OTHER AS LONG AS YOU DON'T TIP OVER INTO A QUORUM.

AND WE'LL TALK ABOUT SNEAKY WAYS AND NOT EVEN SNEAKY, JUST SOMETIMES UNINTENTIONAL WAYS WE MIGHT DO THAT.

SO IT'S ON EVERYONE'S KIND OF PUBLIC AWARENESS, BUT THAT'S THE FIRST EXAMPLE.

THE SECOND IS CONFERENCES.

YOU ARE ALLOWED TO ATTEND, ATTEND CONFERENCES.

WE HAVE, THERE'S CONFERENCES FOR CULTURAL HERITAGE COMMISSIONERS.

THOSE ARE GREAT LEARNING OPPORTUNITIES.

WE'D LOVE FOR YOU TO BE ABLE TO ATTEND THEM.

ONE OF THE THINGS THAT WE NOTE IS IF THAT YOU'RE AT A, IF YOU'RE AT A CONFERENCE, YOU DO NOT, THE CONVERSATION YOU MIGHT GET SUCKED INTO AT THE LUNCH TABLE COULD BE ABOUT THINGS THAT ARE SPECIFIC TO OUR JURISDICTION AND WITHIN THAT, SOMETHING THAT COULD COME BEFORE YOU.

AND THOSE CONVERSATIONS NEED TO BE AVOIDED.

SO IT'S OKAY IF YOU'RE ALL LEARNING THE SAME INFORMATION IN A CONFERENCE ROOM, BUT YOU CAN'T BE DISCUSSING AND DELIBERATING THINGS THAT MIGHT BE TANGENTIALLY RELATED, THAT INVOLVE LONG BEACH INSIDE OF THAT CONFERENCE ROOM.

AND ONE OF THE BEST WAYS, GOING BACK TO OUR EARLIER SLIDES ABOUT AVOIDING THE APPEARANCE OF IMPROPRIETY, ONE OF THE GREAT WAYS TO AVOID THAT APPEARANCE OF IMPROPRIETY IS TO NOT ALL SIT TOGETHER AND TO NOT ALL BE KIND OF COMMUNICATING AND COMMENTING WITH EACH OTHER.

THAT'S NOT A REQUIREMENT OF THE BROWN ACT.

IT'S JUST TO HOT TIP OF WHAT THINGS THAT I'VE LIKE FOUND TO BE REALLY HELPFUL IN TRYING TO BE GOOD IN ACTORS OF THE BROWN ACT.

THE NEXT ONE IS COMMUNITY MEETINGS.

IT'S A SIMILAR UNDERSTANDING, RIGHT? YOU CAN GO TO A COMMUNITY MEETING, YOU CAN LISTEN.

IT'S IMPORTANT FOR YOU TO BE TAPPED INTO WHAT'S HAPPENING IN LONG BEACH, THOUGH THE BROWN ACT DOESN'T WANNA FORECLOSE THOSE OPPORTUNITIES.

BUT AGAIN, IT'S THAT SAME AVOIDING OF DISCUSSIONS WITH THE MAJORITY OF THE MEMBERS IN THOSE SPACES.

UH, OTHER LEGISLATIVE BODY MEETINGS, YOU COULD ALL GO TO THE CITY COUNCIL MEETING, THAT'S OKAY, YOU CAN ALL GO TO THE STATE OF THE CITY.

I HOPE YOU DID.

THAT'S, THAT'S ALL.

THAT'S, THOSE ARE WONDERFUL OPPORTUNITIES FOR YOU TO BE ENGAGED IN OUR COMMUNITY AND THEY'RE IMPORTANT FOR YOU TO DO THE UNDERLYING WORK THAT YOU'RE DOING.

SO THE BROWN ACT ACKNOWLEDGES THAT, AND AGAIN, JUST HAS THAT BUFFER OF NO DISCUSSIONS AMONGST THE MAJORITY, A A QUORUM OF THE BODY IN THOSE SPACES.

UM, THE OTHER ONE IS STANDING COMMITTEES.

SO THIS GROUP DOES NOT HAVE A STANDING COMMITTEE, BUT IF YOU HAD A STANDING COMMITTEE, WHICH IS, UM, SOME SMALLER PORTION OF THE GROUP MEMBERS THAT ARE NOT ON THE STANDING COMMITTEE COULD ATTEND BUT NEED TO REFRAIN FROM DISCUSSING OR ENGAGING.

SO THERE'S NOT A DIALOGUE THAT'S HAPPENING BEYOND THE STANDING COMMITTEE.

AND THEN THE LAST ONE IS SOCIAL OR CEREMONIAL EVENTS.

SO I THINK A GOOD EXAMPLE OF THAT IS, UM, THE STATE OF THE CITY OR THE TREE LIGHTING OR OTHER OPPORTUNITIES THAT WE HAVE TO BE TOGETHER IN THE COMMUNITY.

AGAIN, AGAIN, IT'S THAT SAME NO DISCUSSION AMONG THE QUORUM.

SO HERE ARE TYPES OF PROHIBITED COMMUNICATIONS.

AND THE BIG THING, UM, THAT YOU'LL FIND UNDERLYING PROHIBITIVE COMMUNICATIONS ARE SERIAL CONTACTS.

AND THEY'RE DEFINED AS UNDER THE BROWN ACT AS A MAJORITY OF THE MEMBERS OF A LEGISLATIVE BODY SHALL NOT OUTSIDE OF A MEETING, USE A SERIES OF COMMUNICATIONS OF ANY KIND DIRECTLY OR THROUGH INTERMEDIARIES.

INTERMEDIARIES TO DISCUSS DELIBERATE OR TAKE ACTION ON ANY ITEM OF BUSINESS THAT, UH, IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE LEGISLATIVE BODY.

AND SO SERIAL COMMUNICATIONS CAN INVOLVE LESS THAN A QUORUM OF THE COMMISSIONERS.

AND THAT'S WHY I FLAG IT.

IT CAN BE TRICKY 'CAUSE YOU DON'T KNOW WHO HAS TALKED TO WHO.

AND IF YOU, YOU TIP OVER A QUORUM, THEN YOU'VE, YOU'VE GOT A PROBLEM UNDER THE BROWN ACT.

UM, BUT THE TOTAL AMOUNT OF COMMUNICATIONS IN THOSE SERIES WILL ULTIMATELY, AT THE END OF THE EXAMPLES I'M GONNA SHOW YOU OF SERIAL COMMUNICATIONS, THEY WILL ULTIMATELY INVOLVE A QUORUM OF YOU GUYS.

AND THERE'S BEEN JURISDICTIONS THAT HAVE DONE THIS INTENTIONALLY TO TRY TO EVADE THE BROWN ACT.

AND THEN SOMETIMES YOU CAN SEE FROM THE EXAMPLES THEY CAN HAPPEN UNINTENTIONALLY JUST THROUGH ONE PERSON TALKING TO SOMEBODY THINKING THEY'RE THE INDIVIDUAL CONVERSATION AND

[00:45:01]

AND SO IT'S THAT REMINDER OF JUST IT ENSURING THAT WE'RE CONDUCTING OURSELVES WITH WITHIN THE, IN, WITHIN THE APPEARANCE OF PROPRIETY AND AVOIDING THESE ISSUES DOWN THE ROAD.

SO THERE'S KIND OF FOUR TYPES OF COMMUNICATIONS THAT WE WANNA TALK ABOUT WHERE WE'RE SEEING THAT SERIAL COMMUNICATION THAT CAN BUILD TO A TIPPING POINT OF THE CONSENSUS OF THE BODY.

THE FIRST IS A HUB IN SPOKE.

AND SO IT'S, IF YOU IMAGINE A WHEEL, YOU HAVE ONE PERSON THAT SITS IN THE CENTER OF THE WHEEL, LIKE THE HUB, AND THEN THAT ONE PERSON IS REACHING OUT TO EACH COMMISSIONER OR TO A QUORUM OF THE COMMISSIONERS KIND OF MANAGING DELIBERATION WITHIN THE WHEEL.

AND THEN THEY TIP OUT AND TALK TO OVER A QUORUM OF THE COMMISSIONERS.

SO THAT ONE, IF YOU'RE SOMEONE WHO'S BEING REACHED OUT, YOU MIGHT NOT KNOW THAT YOU'RE A SPOKE IN THE WHEEL, BUT THE HUB WOULD KNOW THAT THEY'RE EXCEEDING THE ALLOWABLE NUMBER OF CONTACTS AND CREATING A SE SERIAL COMMUNICATION UNDER THE BROWN ACT.

NEXT IS DAISY CHAIN, AND THAT'S WHERE ONE COMMISSIONER KIND OF REACHES OUT TO ANOTHER COMMISSIONER, AND THEN THAT COMMISSIONER WHO HAS REACHED OUT TO YOU, REACHES OUT TO ANOTHER COMMISSIONER AND IT KIND OF JUST BUILDS ONE ON THE OTHER KIND OF LINKING IN A CHAIN, THE FIRST COMMISSIONER THROUGH A QUORUM OF THE OTHER COMMISSIONERS.

THE THIRD EXAMPLE IS BY A REPRESENTATIVE.

SO IT DOESN'T HAVE TO BE A COMMISSIONER COMMUNICATING, IT COULD BE A REPRESENTATIVE THAT'S COMMUNICATING ON THE COMMISSIONER'S BEHALF AS AN AGENT OR AN INTERMEDIARY INTERMEDIARY EITHER DIRECTLY OR INDIRECTLY WITH THE MAJORITY OF THE OTHER COMMISSIONERS.

AND THEN THE LAST THAT'S ON THERE, THIS IS, WAS CLEARLY NOT AN ISSUE WHEN THE BROWN ACT WAS CREATED IN 1953, BUT IT IS TODAY AND IT'S HOW EMAILS, TEXTS, AND SOCIAL MEDIA CAN BECOME A SPACE FOR DELIBERATION INTENTIONALLY OR UNINTENTIONALLY.

UM, AND KIND OF HAVING THAT AWARENESS ON WHETHER WE'RE REPLYING ALL OR DO WE HAVE A MAJORITY, A QUORUM ON EMAIL COMMUNICATIONS AND EVEN ON THINGS LIKE, UM, POSTS, ARE WE COMMENTING ON EACH OTHER'S POSTS TO WHERE YOU HAVE A QUORUM THAT'S NOW ENGAGED ON A TOPIC, ON AN ONLINE PLATFORM OR ON A POST? SO WE'RE GONNA DO A COUPLE EXAMPLES BECAUSE I THINK THAT'S JUST A HELPFUL WAY TO TALK THROUGH THEM AND HOPEFULLY IF, IF IT ELICITS SOME QUESTIONS, IT'S A GOOD PLACE TO GO.

BUT BEFORE WE MOVE INTO THE EXAMPLE PORTION OF OUR PRESENTATION, ARE THERE ANY QUESTIONS ON WHAT WE'VE COVERED SO FAR? BECAUSE WE'VE COVERED A LOT.

YOU GUYS ARE OKAY? OKAY.

THANKS GUYS.

SO THE FIRST EXAMPLE IS THE HUB AND SPOKE EXAMPLE.

THAT'S THAT WHEEL WITH THE DIFFERENT SPOKES BEING THE DIFFERENT COMMUNICATIONS TO DIFFERENT COMMISSIONERS.

SO THE EXAMPLE WE HAVE IS THE VICE CHAIR CONTACTS ALL OF THE OTHER COMMISSIONERS ON THEIR, ON THE BODY TO ENSURE THEY VOTE YES TO SUPPORT AN ITEM PROBLEMATIC SERIAL COMMUNICATION.

YES, GREAT.

AN EXAMPLE THAT WE HAVE OF THE DAISY CHAIN IS COMMISSIONER BLUE CONTACTS COMMISSIONER GREEN COMMISSIONER GREEN CONTACTS COMMISSIONER ORANGE, COMMISSIONER ORANGE CONTACTS, COMMISSIONER PINK.

AND THIS IS LIKE A FIVE BODIED PANEL.

WE'VE GOT THAT SERIAL COMMUNICATION WHERE NOW WE HAVE A QUORUM OF THE COMMISSIONERS THAT ARE DISCUSSING AN ITEM THAT COULD COME BEFORE THE COMMISSION.

A REPRESENTATIVE EXAMPLE IS COMMISSIONER GREEN'S PARTNER, UH, VOLUNTEERS AT SEVERAL NONPROFITS WHERE OTHER COMMISSIONERS, VOLUNTEER GREEN'S PARTNER ENDS UP ASKING MORE THAN A MAJORITY OF THE BODY IF THEY PLAN TO SUPPORT THE ITEM TWO.

SO THAT'S A, THAT'S A NO SERIAL COMMUNICATION.

AND THEN OUR LAST SERIAL COMMUNICATION EXAMPLE IS BROWN ACT IN THE NEW ERA.

UM, AND THAT'S COMMISSIONER BLUE POSTS ON A SOCIAL MEDIA ABOUT AN ISSUE.

IT'S LIKED BY COMMISSIONER GREEN, IT'S SHARED BY COMMISSIONER ORANGE.

IT'S COMMENTED ON BY COMMISSIONER PINK AND THEN RETWEETED BY COMMISSIONER AQUA.

YOU GUYS HAVE A COMPLEX TIME FOR BROWN ACT.

THIS WAS A LOT EASIER TO, TO THOUGHTFULLY COMPLY WITH 10 OR 15 YEARS AGO.

AND SO THERE ARE THESE TECHNO TECHNOLOGY OPPORTUNITIES, UM, AND CHALLENGES THAT, THAT YOU WILL GET TO SIT WITH AS COMMISSIONERS.

AND SO WE DO THIS TRAINING JUST SO THAT YOU HAVE THAT AWARENESS BECAUSE IT'S SUCH A PART OF OUR DAY TO LIKE, LIKE SOMEONE'S POST OR TO RETWEET SOMETHING OUT.

SO I WANTED TO BRING THIS TO YOUR ATTENTION BECAUSE IT CAN BE A SPACE IN WHICH YOU GUYS ARE IN UNINTENTIONALLY DELIBERATING.

SO NOW WE'VE GONE OVER THE NOT ALLOWED COMMUNICATIONS.

WE TALKED ABOUT HOW WE ARE BALANCING THAT ABILITY FOR YOU TO BE ENGAGED AND INFORMED.

AND SO THESE, AGAIN, ARE THOSE EXAMPLES OF INSTANCES THAT ARE ALLOWED THOSE INDIVIDUAL CONTACTS BETWEEN A COMMISSIONER AND ANOTHER PERSON OR ANOTHER COMMISSIONER TO ASK QUESTIONS OR TO UNDERSTAND SOMETHING OR WE'RE NOT APPROACHING A QUORUM.

UM, THE OTHER WOULD BE ALLOWING COMMISSIONERS TO SPEAK WITH CONSTITUENTS, WITH A, WITH ADVOCATES, WITH CONSULTANTS, WITH REPORTERS, WITH STAFF, WITH COLLEAGUES.

UM, DON'T BE AFRAID TO GO IN TO GET THAT INFORMATION WHERE YOU NEED IT TO BE INFORMED ON THE DAIS.

AND THEN, UM, A MAJORITY, AGAIN, THESE

[00:50:01]

YOU CAN GO TO CONFERENCES, PUBLIC MEETINGS, OPEN MEETINGS OF OTHER BODIES AND SOCIAL CEREMONIES AS LONG AS WE'RE NOT DOING THAT DIALOGUE.

AND THEN, UM, COMMISSIONERS CANNOT DISCUSS MATTER MATTERS AGAIN AT THOSE EVENTS.

BUT THOSE ARE YESES.

I JUST DID A LOT OF NOS FOR YOU.

SO LIKE THERE'S SOME NEED IN MY PERSONHOOD TO REMIND YOU THAT THERE ARE YESES UNDER THE BROWN ACT TWO.

SO, UH, ON THE AGENDA SIDE, REGULAR MEETINGS ARE ALWAYS HOSTED 72 HOURS IN ADVANCE.

CITY OF LONG BEACH DOES A GREAT JOB OF GIVING OFTEN MUCH MORE THAN 72 HOURS OF NOTICE SO THAT FOLKS CAN HAVE AN OPPORTUNITY TO ENGAGE THE MATERIALS AND MAKE THAT DECISION ABOUT WHETHER OR NOT THEY WANNA COME AND PARTICIPATE IN THE MEETING.

UM, SPECIAL MEETINGS REQUIRE ONLY 24 HOURS OF POSTED NOTICE BEFORE A MEETING FOR THAT MEETING TO BE CONDUCTED.

UM, AND REGULAR MEETING AGENDAS CAN SOMETIMES, OR MEETING HOURS CAN BE, UM, DETERMINED BY A, UM, CHARTER OR BY A MUNICIPAL CODE OR BY THE, THE BODIES LIKE STANDING OPERATIONS.

SO AGENDA DESCRIPTIONS, EVERY AGENDA MUST INCLUDE A BRIEF GENERAL DESCRIPTION OF EACH ITEM.

IT INCLUDES THE DATE AND THE TIME AND THE LOCATION OF THE MEETING SO THAT FOLKS HAVE THAT OPPORTUNITY TO PARTICIPATE.

AND IT HAS TO INFORM THE PUBLIC OF THE SCOPE OF THE BODY'S INTENDED PLANS.

SO WHAT ACTIONS YOU ALL ARE GONNA TAKE AT THAT MEETING SO THEY CAN DECIDE WHETHER THEY WANT TO PARTICIPATE.

UM, SOMETHING YOU'LL NOTICE ON THE, LIKE THIS GROUP DOES A GREAT JOB WITH THEIR AGENDAS.

AND ONE OF THE THINGS YOU'LL NOTICE ON EVERY ITEM THAT COMES BEFORE YOU IS THAT THE LOCATION OF THE PROPERTY IS IDENTIFIED, THE ADDRESS, SO THAT ANYBODY WHO'S LOOKING TO PARTICIPATE CAN CLEARLY UNDERSTAND WHAT ACTION YOU'RE TAKING AND EVALUATE IF IT HAS AN IMPACT AND IF THEY WANNA COME AND JOIN YOU THAT EVENING.

UM, ALL AGENDAS HAVE TO BE POSTED IN A LOCATION AND THEY HAVE TO BE FREELY ACCESSIBLE TO THE PUBLIC.

AND AS WE KIND OF PREVIOUSLY STATED, WHEN THOSE AGENDAS ARE MADE AVAILABLE TO YOU AS LONG WITH THE SUPPORTING DOCUMENTATION, THEY'RE ALSO MADE AVAILABLE TO THE PUBLIC.

WHERE CAN MEETINGS BE HELD? SO MEETINGS ARE, THERE ARE A FEW EXCEPTIONS, BUT THEY'RE GENERALLY HELD WITHIN THE BOUNDARIES OF THE CITY.

UM, SIGNIFICANTLY THEY HAVE TO BE ACCESSIBLE UNDER THE AMERICANS WITH DISABILITY ACT OF 1990.

THEY CAN ALSO CANNOT BE IN LOCATIONS THAT DISCRIMINATE OR LIMIT WHO CAN ATTEND, AND THEY CANNOT BE IN PLACES WHERE YOU HAVE TO PAY TO BE ADMITTED.