Throughout our history, the League of Women Voters has been an active champion of openness in government and the existence of California’s Brown Act guarantees the public’s right to attend and participate in local government. Basic requirements of the Brown Act include that meetings must be noticed in advance, include only business described in the agenda, and be completely accessible to the public. The LWVBC Observer Corps, an essential component in helping ensure local government transparency, played an important role in Brown Act compliance recently with The Downtown Chico Property-Based Improvement District (PBID). You might not be familiar with the PBID, but if you shop, dine, or do business in downtown Chico, you may have seen the bright lime green vests of the PBID-contracted Ambassadors who provide services to the downtown district, most recently providing assistance on the use of the new parking kiosks.

The Chico PBID is an assessment district designed to improve the environment and patron experience of downtown Chico through cleaning, hospitality, and safety services.  A majority of downtown Chico property owners voted in 2017 to approve the formation of the business district which is funded by property assessments under CA code 33600, 1994. The PBID, administered by a Board of Directors, is subject to the Brown Act.

Observation of the PBID had been problematic during the pandemic due to a number of factors which had not been fully resolved post-pandemic. Debra Barger, as LWVBC Observer for the Chico PBID, reported that Board activities were out of compliance with the Brown Act via her report to the annual Observer Corps meeting in May 2023. While more complete postings of agendas were made by the PBID, a properly noticed regular meeting schedule was still missing. Several more requests from both Debra and President Satsie Vieth to be added to a mailing list for PBID meeting agendas had no response.

Co-President Janet Rechtman along with Observer Corps Director Caroline Aldrich-Langen joined Debra and Satsie in a meeting to review our understanding of the Brown Act requirements. We confirmed that the PBID additionally had failed to post agendas containing a brief general description of each item of business to be transacted or discussed at the meeting; instead, PBID had listed only “New Business” and “Other Business” with no further description for their July meeting. 

We agreed on a course of action to provide written notice of Brown Act violations to all Chico PBID Board Members care of the Clerk for the City of Chico and each of us reviewed the draft correspondence signed by the co-Presidents and Observer Corps Director.  Our notice of Brown Act violations was delivered August 18.

We are pleased to report that LWVBC received a response from the Chico PBID August 19 responding to each point made by LWVBC and specifying actions to be taken to comply with the Brown Act. Agendas for the upcoming PBID meeting in September have been emailed as promised to our League Observer and President with appropriate agenda descriptions on the business to be conducted.

The LWVBC Observer Corps is proud to be “Protecting Your Right To Know.” If you wish to learn more about becoming an Observer for LWVBC, please email Caroline Langen at clangen3462 [at] sbcglobal.net.

Debra Barger, Observer for Chico PBID

Caroline Aldrich Langen, Director, Observer Corps

Correspondence mentioned in above article.

Letter to PBID August 18.

August 18, 2023                                                                                   

Sent Via Email to debbie.presson [at] chicoca.gov

To the Board of the Property Based Improvement District                                        

c/o Deborah Presson                                                                                                       

Clerk for the City of Chico

RE:  Brown Act Violations

Dear PBID Board Members:

On behalf of the League of Women Voters of Butte County, we wish to bring to your attention certain failures of compliance with the Brown Act in the current PBID meeting agenda and notice practices.  They are listed in detail below.

The Brown Act, as you know, is meant to ensure that when local agencies meet to conduct the public’s business, they do so in the open, with notice and opportunity to participate provided to the public for all decision-making processes that are not specifically excepted by law.  Failure to observe Brown Act requirements can, in certain circumstances, create the possibility of nullification of an agency decision.

As of the most recent meeting, on July 12, 2023, PBID procedures fail to comply with the Brown Act in these respects:

1)   PBID does not provide a functioning email address which members of the public can use to sign up for receipt of the agenda packet before each meeting.

Brown Act reference: “If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the item or items be delivered by email.”  CA Gov. Code § 54954.1.

PBID does provide an email address to request an agenda packet; however, repeated attempts by League members to receive the agenda by using this address have met with no response.   

2)   PBID agendas fail to comply with the Brown Act when they do not provide a brief description of each item to be discussed.

Brown Act reference: The agency must post an agenda “containing a brief general description of each item of business to be transacted or discussed at the meeting, ….” CA Gov. Code § 54954.2(a)(1).

The agenda for the July 12, 2023, meeting lists “New Business” and “Other Business” with no further description.

3)   The PBID board appears to have communicated outside of a properly noticed public meeting in order to modify the PBID regular meeting schedule. 

Brown Act reference: “Each legislative body of a local agency, … shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings.” CA Gov. Code §  95454.

The PBID board voted to establish a regular meeting schedule at the March 28, 2023, meeting.  The schedule provided for monthly meetings on the second Wednesday.  This was also stated in the minutes posted with the May 10, 2023, meeting.  No decision was made at any subsequent public meeting to change the monthly schedule.  Yet no PBID meeting was held in June or August.  It appears that the PBID board made a decision to change the regular monthly meeting schedule without notice to the public.  This violates the Brown Act requirement that all agency decisions not excepted by law be made at a public meeting after proper notice.  

4)   PBID does not post an agenda 72 hours before each regular meeting at a place accessible to the public 24 hours a day.

Brown Act reference: “At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda …. The agenda … shall be posted in a location that is freely accessible to members of the public ….” CA Gov. Code § 54954.2(a)(1).  See also 78 Ops.Cal.Atty.Gen. 327 (1995), which states that the posted agenda must be accessible to the public at all times during the 72 hours. 

Currently, as far as the League has been able to determine, PBID agendas are not physically posted 72 hours before a regular meeting.

The League of Women Voters, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy.  Our interest in the procedures of PBID stems from our interest in public participation in government as essential to a healthy democracy.  We are not experts in the Brown Act, and the above list is not meant to be a complete list of all possible lapses in compliance.  

Thank you for your consideration of this matter.

Sincerely,

Satsie Veith, Co-President

Janet Rechtman, Co-President

Caroline Langen, Director, Observers Corps

Response from PBID August 19