Tulelake, CA— Need not be present
What some people seem to forget or are not aware of is I do not have to be present at city council meetings to report on them. The reporter from the Herald and News does not physically attend the meetings, nor do I have to either.
You can't put agenda items that are vague on the agenda.
In 78 Ops.Cal.Atty.Gen. 224, 230 (1995), this office opined that the body could prohibit a speaker from making comments that were outside the body’s jurisdiction.
A. Agenda Requirement
At least 72 hours prior to each regular meeting, legislative bodies must prepare an agenda containing a brief general description of each item to be transacted or discussed,including items which will be handled in closed session. (§ 54954.2(a).) A description of each item generally need not exceed 20 words, although the description must be sufficient to provide interested persons with an understanding of the subject matter which will be considered. (Carlson v. Paradise Unified School Dist. (1971) 18 Cal.App.3d 196, 200.)
CHAPTER V.
RIGHTS OF THE PUBLIC
Under the Brown Act, a member of the public can attend a meeting of a legislative body without having to register or give other information as a condition of attendance. (§ 54953.3; see also 27 Ops.Cal.Atty.Gen. 123 (1956).) If a register, questionnaire or similar document is posted or circulated at a meeting, it must clearly state that completion of the document is voluntary and not a precondition for attendance. (§ 54953.3.) A legislative body may not prohibit any person attending an open meeting from video recording, audio recording or broadcasting the proceedings, absent a reasonable finding that such activity would constitute a disruption of the proceedings. (§§ 54953.5, 54953.6; Nevens v. City of Chino (1965) 233 Cal.App.2d 775, 779; see also § 6091.)
In addition, members of the public may request in writing that the agenda or all of the documents comprising the meeting packet be mailed to them for a cost not to exceed the actual cost of providing the service. (§ 54954.1.) Upon receipt of such a written request, the agency shall mail the requested documents, provided that they are not exempt from disclosure pursuant to section 6254, to the requester at the time the agenda is posted or when the documents are provided to a majority of the members of the legislative body, whichever occurs first. The request must be renewed annually and failure of the requester to receive such documents does not invalidate any action which was the subject of the records.
http://ag.ca.gov/publications/2003_Main_BrownAct.pdf
Written by James Garland of Tulelake News
PO Box 772
Tulelake, CA 96134-0772
Home Phone (530) 667-4744
Cell # (530) 708-7852
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