BagleyKeene Open Meeting Act A Brief Primer for

Bagley-Keene Open Meeting Act A Brief Primer for the California Wildfire Safety Advisory Board January 21, 2020 1

Why Bagley-Keene? The intent of the Bagley-Keene Open Meeting Act is to have the actions and deliberations of state agencies be conducted openly so that the public may stay informed and retain control over the instruments of government they have created. 2

Bagley-Keene applies to State Bodies • Every state board or commission or similar multimember body of the state that is created by statute or executive order – this includes the Cal. Wildfire Safety Advisory Board 3

Main focus of Bagley-Keene! § Business-related meetings among a majority of Board members, either: § § In person or teleconferences, or A series of communications via intermediaries § NOT meetings between Board members and staff or members of the public § If you have questions about a particular meeting, contact the CPUC Legal Division 4

What is a Bagley-Keene meeting? • In person: Any congregation of a majority of the members (e. g. , Board members) of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body. – This includes teleconferencing, webcasts, etc… • NOT a social/ceremonial occasion, an open and noticed meeting of another state body, or an open to the public conference on issues of general interest. – Cannot talk about Board business at these events – The Attorney General has additional direction about conferences - contact CPUC Legal for more guidance 5

What is a Bagley-Keene Meeting? • Serial Meetings: A majority of members of a state body cannot, outside of a public meeting, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter of the state body. 6

What is a Bagley-Keene Partnership/Alliance? • A non-majority (e. g. , 3 Board members) can meet, in person or via intermediaries, and discuss items of Board subject matter jurisdiction without triggering the Bagley-Keene open meeting requirements • The CPUC calls these BK Partnerships or Alliances • Once a Partnership is created a 4 rd Board member cannot be added to the Partnership but the 4 rd Board member may create their own partnership with a 5 th and 6 th Board member • BUT – if Partnership is 3 or more members and created by formal action (e. g. vote) of the body then that partnership itself is subject to Bagley Keene 7

How do you make a meeting Bagley-Keene compliant? • • Notice Agenda Teleconferences Rights of the public 8

How do you make a meeting Bagley -Keene compliant? • Notice & Agenda • Notice and agenda must be given to the public at least 10 days before the meeting • Must include: • Time/date/place of meeting • Brief discussion of agenda items • Contact info for more info (like ADA compliance needs) • Contact CPUC liaisons for more specifics 9

How do you make a meeting Bagley-Keene compliant? • Teleconference Meetings must: • Have at least one Board member present at all teleconference locations • All teleconference locations are noticed, public and allow for public participation Or • Have a quorum present at one noticed public location and allow other Board members to call in from nonnoticed, non-public locations – In both situations all votes are by roll call 10

How do you make a meeting Bagley-Keene compliant? • Rights of the Public – Location must be open to the public and ADA compliant – Must be allowed to speak to the Board before a vote is taken – Cannot be required to give personal info – Must be allowed to record meeting (in nondisrupting way) – Must have access to agenda records distributed to the Board unless confidential 11

Unique Circumstances • Late adds to Agenda – Board votes that an emergency exists (limited definition of emergency), or – Board votes that a previously unknown item needs immediate action – Must tell news outlets at least 48 hrs before meeting, and post new agenda item on internet ASAP • Closed session only for limited items – Pending litigation – Real estate sale – Terrorist act 12

Unique Circumstances • Emergency Meetings – Vote by Board that a crippling disaster that severely impairs public health or safety exists • Special Meetings – limited legal circumstances (e. g. pending legislation/litigation) • Continuations/Adjournments – Within 24 hours post in meeting room door the order of adjournment with info on when/where the meeting will reconvene 13

How is Bagley-Keene Enforced? § The Board can be enjoined from doing the offending action(s) § A vote can be determined null and void. § Board may have to pay court costs and attorney fees § Misdemeanor charges against Board members for willful intent to deprive the public 14

Resources • California Government Code Sections 1112011132 • AG’s Handy Guide to The Bagley-Keene Open Meeting Act of 2004 • CPUC’s Simple Guide to The Bagley-Keene Open Meeting Act • CPUC Legal Division – Jason Reiger (jonathan. reiger@cpuc. ca. gov) When in doubt, just ask! 15