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Brown Act Compliance Policy

The Brown Act guarantees the public's right to attend and participate in meetings of local legislative bodies.

The Brown Act Government Code - Section 54950-54963.pdf

Agendas

It is the policy of District to prepare an agenda for each regular and special meeting of the Board of Directors and for standing committee meetings.

 

AGENDA GUIDELINES:

1.    The CEO, after consultation with the Board Chair and Vice-Chair and with assistance from the General Counsel when needed, shall prepare an agenda for each regular and special meeting of the Board of Directors.  The Board Chair or any two Board members may call the Board Chair and request item(s) to be placed on the agenda no later than 5:00 p.m., five (5) business days prior to the meeting date.

2.    This policy does not prevent the Board from taking public comments at regular and special meetings of the Board on matters that are not on the agenda that a member of the public may wish to bring before the Board.  However, in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950-54926 (the “Brown Act”), the Board shall not discuss or take action on such matters at that meeting.  The Board may ask clarifying questions of public testimony.

3.    At least seventy-two (72) hours prior to all regular meetings and twenty-four (24) hours prior to all special meetings, an agenda that includes, but shall not be limited to, all matters on which there may be discussion and/or action by the Board, shall be posted conspicuously for public review within the District office in accordance with the Brown Act.

The following outlines the agenda of both type meetings:

            A.        Call to Order

            B.        Pledge of Allegiance

            C.        Approval of Agenda

            D.        Public Comment

            E.        Reports/Presentations/Discussion/Possible Action Items

            F.         Next Regularly Scheduled Meetings/Information Items

            G.        Adjournment

 

4.    On occasion as needed, a closed session of the Board is required, properly announced, and conducted for only those purposes allowed in the Brown Act.  Closed sessions are generally held (but not limited to) following the open meeting agenda.

Meetings

  1. Regular Meetings of the District Board of Directors shall be held on the second Wednesday of each calendar month at 6:00 p.m. at Fallbrook Regional Health District, 138 South Brandon Road, Fallbrook.
  2. Special Meetings of the Board may be called by the Board Chair or by a majority of the Board by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television stations, requesting notice, in writing and posting a notice on the District's web site. The notice shall be delivered personally or by any other means at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the Special meeting and the business to be transacted or discussed. No other business shall be considered by the Board at these meetings.
  3. Emergency Meetings. In the event of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the Board may hold an Emergency Special meeting without complying with the 24-hour notice. An emergency situation means a crippling disaster that severely impairs public health, safety, or both, as determined by the Board Chair or a majority of the Board. Newspapers of general circulation in the District, radio and television stations that have requested notice of Special meetings shall be notified by at least one hour prior to the emergency meeting. In the event that telephone services are not functioning, the notice requirement of one hour is waived, but the Board, or its designee, shall notify such newspapers, radio stations, or television stations of the fact of the holding of the Emergency Special meeting, and of any action taken by the Board, as soon after the meeting as possible.
    Closed session may be held during an Emergency meeting by a unanimous vote of the members present, and all other rules governing Special meetings shall be observed with the exception of the 24-hour notice. The minutes of the Emergency meeting, a list of persons the Board or designee notified or attempted to notify, a copy of the roll call vote(s), and any actions taken at such meeting shall be posted for a minimum of ten days in the District office as soon after the meeting as possible.
  4. Adjourned Meetings. A majority vote by the Board of Directors may terminate any Board meeting at any place in the agenda and adjourn to any time and place specified in the order of adjournment, except that if no Directors are present at any Regular or Adjourned Regular meeting, the Executive Director may declare the meeting adjourned to a stated time and place, and he/she shall cause a written notice of adjournment to be given.
  5. Standing Committee Meetings. The meetings of standing committees (comprised of two Board members), are subject to the notice and open meeting provision of the Brown Act.

The Board Clerk shall ensure that all required and appropriate information is available for the audience at meetings of the Board of Directors, and that physical facilities for said meetings are functional and appropriate for all persons.

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