[The Chair - Public Access to Information/Minimum Majority] - Title Not Set [5/X]

This post is going to be a little lite.  I am working on the next section(s) of topic and it requires time to prepare.  So what I am going to cover here are Chair specific topics that Committee Members should be aware of.  And the public at large has a right to know.

1. Public Access to [Agendized] Information. - This includes any item that has the potential for discussion at a Committee Level, or Board Level public meeting.

2. Minimum Majority - Also known as "Board Member Participation at Committee Level Meetings."


Public Access to Information

As you may be intuitively aware, ALL information that the Neighborhood Council (NC) deals with falls under the realm of Public Information.  This includes (and check with your Freedom of Information Access lawyer), any document received by the NC, and e-mails dealing with NC matters.

Here though, we are just talking about the documents received.  Specifically, without getting in to the details of, applications.  All applications sent to the City fall under the realm of public information.  This means that every person has the right to request a copy of that application.  You pay a fee downtown (I believe at the City Clerk's office) and you receive a copy.

When an application is submitted and falls under the NC's jurisdiction or is available for them to review (on behalf of the neighborhood's public interest) they receive a copy of this as part of the "City family," at no charge.  Aiding in the Chair's determination of bringing the subject matter to the Committee and then the Board.

This is where things get tricky.

The NC system is not a distribution center.  So while it is technically possible for them to distribute this application information, the legalities of it are questionable.  (There are case studies online about this - no I don't have the links right now, so I will summarize what i remember).  This is the providence of the City of Los Angeles (City Clerk's Office? DCP?).

The NC's themselves while not being a distribution center, become a de-facto public center through their offices, where Community Members can go to to review the application in person. 

The other part of this situation, is that once an item becomes agendized, the NC's are allowed to make these applications available to the public.  [Including online/via their City sanctioned website]. As any document that the NC's are discussing MUST be made available to the public for review.  With at least one physical copy made available at the Committee or Board Meetings. 

These are the rules of the Brown Act.


Minimum Majority

NC membership fluctuates.  This adjusts the maximum amount of Board Members needed for a majority vote.  However, quorum for an NC, is a set number in such a way that it sets a "minimum majority" needed for a affirmative vote.  In the case of the BHNC, this number if 6.  Based on a Quorum of 10 Board Members.

So this is where it gets tricky.

The Brown Act under section 54852.2 and section 54852.6 set limits on how many Board Members can be in congress, speaking on NC issues.

The two specific lines [in section 54852.2] are:
"“meeting” means any congregation of a majority of the members of a legislative body at the same time and location, "

and

"The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. "

and in section 54852.6 is:

"As used in this chapter, “action taken” means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance."

What this means that for NC's is that their ability to take action can fluctuate between the minimum majority (in this case 6) to a maximum majority (or true majority), in this case 10.  Effecting the Board's ability to "take action." And for Committee Chairs to determine which number is appropriate before Board Participation (including Board Members on the Committee) violates the Brown Act, is to be aware of what is the total number of official Board Members.

It is not against the Brown Act for more then a majority of any kind [of Board Members] to be present during a Committee Meeting.  However, the number will effect if these Board Members can actually make comment of ANY KIND. (While retaining eligibility to partake in Board Meetings.  i.e. vote or be present).

As the Chair does not know how many Board Members will be partaking at the actual Board Meeting.  The best practices for PLUC Chairs is to limit the number of Board Member participation/discussion to 5.  Land Use items are especially sensitive items, and will result in explosive and potentially legal reactions. 

This does not mean that Board Members can't sit in on and quietly listen to gain further information on the project.