Observer Corps Rewards and Challenges
Being an Observer for LWVOC is an important and rewarding job. And it has its challenges. It requires following multiple threads of an ever-evolving public agency’s agendas and understanding the politics of the agency, while remaining neutral and nonpartisan in reporting on meetings. And it requires knowledge of the laws and regulations governing public meetings.
Recently, a diligent Observer wondered what California’s Ralph M. Brown Act permits with respect to meeting discussions about items not on the agenda. She observed members of the public questioning the city council about such an item and the council discussed the issue later in that meeting. The Act is clear and strict on this, prohibiting any action or discussion of an item not on the agenda.
Per the Brown Act, only three specific exception situations allow action on an item not on the agenda:
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When a majority of the public entity members decide there is an emergency situation;
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When two-thirds of members present determine there is a need for immediate action and that need "came to the attention of the local agency subsequent to the agenda being posted"; and
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When an item appeared on the agenda of, and was continued from, a meeting held not more than 5 days earlier.
Exceptions 1 and 2 can be challenged in court, resulting in invalidation of an action that contradicts the Act.
According to the League of California Cities, the Brown Act "allows members of the legislative body, or its staff, to briefly respond to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda.*
Observers of non-agenda discussions need to weigh a number of things for their reports. They consider the substance of the discussions on items not on the agenda, the extent of the exchanges and by whom, as well as what kind of action was subsequently taken by the public agency members (e.g., a vote) or directed by them (e.g., direct staff to take action for a future meeting).
It is very rewarding for Observers to know their reports, which are shared with the public agency observed and with the public, help make the business of their local government transparent to the constituents served.
For information on becoming a member of our Observer Corps, please contact observer.corps [at] lwvorangecoast.org. Training is available on the Brown Act and other aspects of being an Observer.
Susan J. Knight, Observer Corps Lead
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* League of California Cities, Open & Public: A Guide to the Ralph M. Brown Act, 2016, pp 34-35. https://www.calcities.org/docs/default-source/city-attorneys/open-public-v-revised-2016.pdf?sfvrsn=995414c9_3
