Presented by: Ruben Duran, General Counsel Maribel S. Medina, Deputy General Counsel

1. GOVERNANCE ESSENTIALS Presented by: Ruben Duran, General Counsel Maribel S. Medina, Deputy General Counsel Fontana Unified School District Board Workshop January 30, 2012

2. A Policy of Open Government “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and their deliberations be conducted openly.” Government Code Section 54950 2

3. “Open and Public” “All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.” Government Code Section 54953(a)

4. The Brown Act applies to “legislative bodies” What is a “legislative body?” Governing body of the agency, i.e Board of Education Subordinate boards and commissions created by formal action of the governing body Standing committees with a regular meeting schedule and continuing subject matter jurisdiction What is not a “legislative body?” Advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body 4

5. Meetings Elements: • Congregation of a majority • Same time and place • To hear, discuss or deliberate any item • Within Board’s subject matter jurisdiction 5

6. Serial meetings are illegal What is an illegal serial meeting? direct or indirect communication employed by a majority to develop a collective concurrence as to action within subject matter jurisdiction 6

7. Serial meetings are illegal Types of serial meetings • Hub and spoke • Daisy Chain • Briefings 7

8. Meeting Exceptions When is a meeting not a “meeting?” individual contacts conferences* community meetings* another body of the agency* social or ceremonial events* standing committee meetings 8

9. Meeting Exceptions continued * Provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter of the legislative body. 9

10. Rules Governing Meetings Types of meetings Regular Special Adjourned 10

11. Regular Meeting Agenda must be posted 72 hours in advance Brief description of items of business Posted agenda must be freely accessible to public 11

12. Special Meeting Called by presiding officer or majority of Board Notice must be posted 24 hours in advance Notice must be received by each member unless waived 12

13. Special Meeting Notice must be sent to newspapers, media if requested in writing Notice must state time/place of meeting and all business to be transacted Public comments limited to what is on agenda 13

14. Adjourned Meetings Regular or Special Meeting may be adjourned to specific time and place If no time stated, then meeting continued to the hour for regular meetings Less than a quorum may adjourn 14

15. Adjourned Meetings Secretary/Clerk may adjourn to stated time and place and provide notice in same manner as special meeting Notice of adjournment must be posted on or near door of place where meeting was held within 24 hours 15

16. Emergency Meetings Defined as work stoppage or other activity that severely impairs public health and/or safety Defined as crippling disaster that severely impairs public health and/or safety Determined by legislative body No need to comply with 24 hour notice/posting requirement 16

17. Emergency Meetings Newspapers, media notified at least one hour by phone If phone not available, notify papers/media of purpose of meeting and action taken Cannot meet in closed session Must comply with all special meeting requirements except 24 hour notice requirement Minutes of meeting must be posted ASAP 17

18. Other Agenda Requirements No discussion or decision on items not on the posted agenda Agendas must be publicly accessible and distributed in advance to those who request copies 18

19. Agenda Requirements Exceptions Items added to the agenda Came to the District’s attention after the agenda was posted; and Need to take action before the next meeting Two-thirds vote required 19

20. Exceptions – continued Brief response to questions from public Clarification/reference to staff Brief announcements/report on activities Requests for future report Placement of items on future agenda 20

21. Public Participation Not required to “register” their name or address, i.e. speaker cards Rules of decorum permitted Time limits okay Recording permitted 21

22. Public Participation • Public to speak on any item of interest within subject matter jurisdiction of Board • Public to speak on a specific item of business before or during the body’s consideration • Cannot prohibit public criticism of policies, procedures, programs of District, acts of Board, or criticism of District employees 22

23. Other Agenda Rules Agendas and contents are public records If document distributed at meeting, make copy available for public inspection If distributed by someone else, make available at meeting or after meeting 23

24. Compensation DisclosureAssembly Bill 1344 • Effective January 1, 2012 the Brown Act was amended to regulate employment contracts in the following ways: • Prohibits automatic increase in “local agency executives” contracts above cost-of-living; • If official placed on paid administrative leave is later convicted of crime related to abuse of office, s/he must pay back salary paid while on leave;

25. Assembly Bill 1344, continued • If public funds are used for the legal defense of official, and official is convicted of crime related to abuse of office, s/he must pay back defense costs; and • Severance and cash settlements must be returned if official is convicted of crime related to abuse of office. • All meeting notices must be posted on the agency’s website (if it has one); and • Special meetings to consider the executive’s salary, salary schedule or benefits, salary and benefits are prohibited- must be discussed at regular meeting.

26. Teleconferencing Quorum must participate from regular location Teleconference location must be identified on agenda Agenda posted at teleconference location 26

27. Teleconferencing • Location must be accessible to public • Agenda must provide for public participation • Roll call vote 27

28. Meeting Location Must be within the local jurisdiction - Includes retreats and workshops Multi-Agency meetings held in boundaries of one of the agencies - All agencies must give notice 28

29. Closed Sessions Personnel matters/labor negotiations Real Property matters Pending/threatened/contemplated litigation Student Discipline 29

30. Closed Sessions Matters must be disclosed on the posted agenda - “Safe Harbor” Pre and post-session announcements by Board President or counsel 30

31. Closed Sessions Who participates? Confidential Minute Book (if required) - Not a public record - Disclosed to legislative body and court if violations are alleged Disclosure of documents? 31

32. Remedies for Violations Notice and opportunity to cure Civil action for invalidation of actions Attorneys fees and costs Criminal prosecution - Action taken at a meeting - In violation of the act - Intent to deprive public of information 32

33. GENERAL ETHICS PRINCIPLES • Values such as trustworthiness, respect, fairness and responsibility promote public trust in government and should explain the importance of avoiding even the appearance of impropriety.

34. ETHICS V. ETHICS LAWS • Ethics laws merely set minimum standards for conduct • Ethics goes beyond legal requirements • About doing what we ought to do, rather than what’s required • Complying with ethics laws does not ensure that you are meeting your own standards and values • Or those of your constituents

35. TRUSTWORTHINESS • Service to your community • Truthfulness to your colleagues, staff and the public • Not using your public office for personal gain • Keeping promises

36. RESPECT • Debating courteously • Avoiding personal attacks • Listening • Preparation • Including others and the public in decision making process

37. FAIRNESS • Basing decisions on the merits and facts • Following procedures • Keeping an open mind • Being consistent • Being impartial • Staying present, especially during decision making

38. RESPONSIBILITY • Admitting mistakes • Stewardship of District resources • Taking unpopular positions when values require • Representing the District’s position even when you personally disagree with it • Safeguarding confidential information

39. GENERAL ETHICS PRINCIPLES • Is it good public policy? • Is it consistent with the District’s or the community’s values? • Does it meet your own sense of right and wrong? • Is the action legal? • The Institute for Local Government has useful resource materials at http://www.ca-ilg.org/

40. PROHIBITION ON USE OF OFFICE FOR PERSONAL GAIN • Making decisions affecting a public official’s economic interests (Political Reform Act) • Contracting with one’s own agency • Gov. Code § 1090 • Bribery

41. Government Code Section 1090

42. Government Code Section 1090Financial Interest in a Contract Strict prohibition against being financially interested in any contract made by the individual in their official capacity.

43. Government Code Section 1090 Financial Interest in a Contract “Financial interest” includes both direct and indirect interest Payments made to the contracting party must be returned to the public agency. Public agency is entitled to retain any benefit it received.

44. Violation of Section 1090 Contracts made in violation of Section 1090 are void and unenforceable. Payments made to the contracting party must be returned to the public agency. Public agency is entitled to retain any benefit it received.

45. Consequences for violating Government Code 1090 Willful violation of Section 1090 is punishable be fine, imprisonment, and permanent disqualification from holding office in California. (Government Code Section 1097)

46. Government Code Section 1090 “Participation” in making a contract Preliminary discussions Negotiations Compromises Reasoning Planning Drawing of plans and specifications Solicitation of bids

47. Government Code Section 1090 Presumption of Influence Official presumed to have made any contract executed by the district-even if he or she disqualified himself or herself from all participation in the making of the contract.

48. Government Code Section 1090 Scope of Section 1090 Conflict Abstention does not cure Section 1090 problem Entire governing body is precluded from entering into the contract

49. Government Code Section 1090 Exceptions to Section 1090: Remote interest (i.e., non salaried officer of not for profit) Non-interest (salary from another governmental agency) Rule of Necessity

50. Political Reform Act