By Melanee Cottrill, Civitas
In California, nearly every business improvement district and tourism district must follow the requirements of the Ralph M. Brown Act. The Brown Act regulates the decision-making process by public agencies, in an effort to ensure all decisions are open and transparent to the public. Although districts are not public agencies, they are subject to the requirements of the Brown Act.
Although its purpose is clear, sometimes following the Brown Act can be murky. Here are our top three tips for making it through those muddy waters.
Tip #1: BCC is the Best Thing Ever.
The rock bottom purpose of the Brown Act is to make sure that all decisions and deliberations take place in public. Having been enacted before the e-mail age, the Act did not contemplate the ease and speed with which we now all communicate. But, its provisions still apply to email.
Picture this: you send out a meeting reminder to your Board of Directors. One of your directors replies-all with a question, and another responds (again to the entire group). A seemingly innocuous act, yet it could be a Brown Act violation.
The solution: BCC when staff is sending information rather than CC. That way, everyone gets the meeting reminder, and no one accidentally violates the Brown Act.
Tip #2: Be Serious about the Serial.
Serial meetings are a very easy trap to fall into. A serial meeting is a series of individual conversations on the same subject, that when complete include a majority of the board. Although they may not feel like deliberation, they are considered such in the eyes of the Brown Act.
Imagine this: Director Ann speaks to Director Bob about a new program, then director Carl. If this were a five-person board, we now have another seemingly innocuous series of events that could be a Brown Act violation.
The solution: be serious about the serial. Educate your team on the pitfalls of serial meetings, and be wary not to discuss district business outside board meetings.
Tip #3: It’s Okay to be Social. Sort of.
Eventually, all the members of your board will be invited to a social event. Perhaps it will even be an event that your organization hosts. And invariably, board members will be inclined to discuss the latest news. But, they must resist the urge to fall into that trap.
The Brown Act does make exception for social occasions. But, only so long as the board members do not discuss district business among themselves at the event.
