Contra Costa County Municipal Code Ch. 25-2 Meetings

(a) For the purposes of this division a "policy body" means the board of supervisors, or any permanent or temporary board, committee or commission under the authority of the board of supervisors. A committee entirely made up of county staff is not a "policy body." A municipal advisory council entirely made up of the elected members of the governing board of a community services district, who have been designated by the board of supervisors to serve ex officio as the appointed members of the municipal advisory council, is not a "policy body."

(b) A "delegated body" is any private entity which receives a grant of governmental authority, financial support, or property, pursuant to action by the board of supervisors; and is governed by a multi-member body, which includes one or more members of a policy body.

(c) "County" includes the county of Contra Costa and all special districts, agencies and authorities of which the board of supervisors is the governing body. "County" does not include a municipal advisory council entirely made up of the elected members of the governing board of a community services district, who have been designated by the board of supervisors to serve ex officio as the appointed members of the municipal advisory council.

(d) "Permanent advisory committee" means a permanent committee created by the county administrator, or a department head to advise the county administrator, or a department head. "Permanent advisory committee" does not include a committee made up entirely of county staff.

(Ord. No. 2009-11, § II, 4-28-09; Ord. No. 95-6)

(a) All meetings of any policy body which is not currently governed by the provisions of the Ralph M. Brown Act (Gov. Code Section 54950 et seq.) shall be held in accordance with Section 25-2.205 of this division.

(b) The governing body of a "delegated body" shall conduct its meetings pursuant to Section 25-2.205 of this division when it deliberates either the expenditure of funds received from the county or any use of governmental authority delegated by the county.

(c) To the extent not inconsistent with state or federal law, any contract between the county and a private entity that owns, operates or manages any real property in which the county has a legal interest, including a mortgage, and on which the entity performs a government function related to the furtherance of health, safety or welfare, shall include a requirement that any meeting of the governing board of the entity to address any matter relating to the property, or its government related activities on the property, be conducted as provided by Section 25-2.205, except that closed sessions may be conducted as provided for by Article 25-2.4.

(d) The following are considered to be passive access gatherings which the public shall be permitted to attend:

(1) Meetings of permanent advisory committees;

(2) Social, recreational or ceremonial occasions sponsored by or for the policy body, to which a majority of the body has been invited.

(e) Such "passive access" gatherings shall be accessible upon inquiry or request to the extent possible consistent with the facilities and the purpose of the gathering. Such gatherings need not be noticed formally, conducted in any particular space open to spectators or provide for comment by spectators.

(f) Such passive access gatherings may exclude the public if their purpose is to discuss information which is privileged by a specific state or federal statute.

(Ord. No. 95-6)

(a) Policy bodies of the county which would not otherwise be subject to the Ralph M. Brown Act (Gov. Code Section 54950 et seq.) shall hold all meetings in open session. No closed sessions shall be allowed.

(b) No issues which are not included in the agenda may be acted upon or deliberated by the policy body. No urgency items may be added to the agenda.

(c) Public comment must be allowed on each agenda item and during a general comment period.

(d) Records or recordings of the meetings must be kept in a manner which accurately reflects the agenda and decisions made at the meeting. These records do not necessarily need to be verbatim records.

(Ord. No. 95-6)

(a) Staff material, consisting of agendas of policy body meetings, staff reports and other material prepared or forwarded by staff which provide background information and recommendations regarding agenda items, when distributed to all or to a majority of the members of a policy body in connection with a matter subject to discussion or consideration at a public meeting shall be made available to the public. All such staff material must be distributed to the policy body and be made available to the public ninety-six hours before a scheduled meeting or twenty-four hours prior to a meeting when the agenda item has been added to the agenda at a previous meeting of the policy body not more than seven days prior to the scheduled meeting. However, the policy body may, by a three-fourths vote, waive these time limits when, in its judgment, it is essential to do so, providing that the county administrator, appropriate department head or staff member furnishes to the board of supervisors or other policy body a written explanation as to why the material could not be provided to the board or other policy body and the general public within the above time limits.

(b) Records which are not exempt from disclosure and intended for distribution to the policy body shall be made available for public inspection and copying upon request whether or not actually distributed to or received by the body at the time of the request.

(c) Records which are releasable and which are distributed during a public meeting but prior to commencement of their discussion shall be made available for public inspection prior to and during, their discussion.

(d) A policy body of the county may charge a duplication fee in accordance with Section 25-4.610, for a copy of a public record prepared for consideration at a public meeting. Neither this section nor the California Public Records Act (Gov. Code § 6250 et seq.) shall be construed to limit or delay the public's right to inspect any record required to be disclosed by this section, whether or not distributed to a policy body.

(Ord. No. 95-6)

Article 25-2.4. Closed Sessions

(a) A policy body covered by the Ralph M. Brown Act, based on advice of its legal counsel, may hold a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the county in that litigation.

(b) Litigation shall be considered pending when any of the following circumstances exist:

(1) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the county, an officer or employee of the county, or an agency of the county is a party, has been initiated formally;

(2) A point has been reached where, in the opinion of the policy body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the county, or the policy body is meeting only to decide whether a closed session is authorized pursuant to that advice;

(3) Based on existing facts and circumstances, the policy body has decided to initiate or is deciding whether to initiate litigation.

(c) Legal advice as to the potential risk of litigation of actions not yet taken, if provided by counsel at a meeting of a policy body, is to be conveyed openly as a matter of public record.

(d) A closed session may not be held under this section to consider the qualifications or engagement of an independent contract attorney or law firm, for litigation services or otherwise.

(e) Prior to holding a closed session pursuant to this section, the policy body shall disclose the justification for its closure either by entries in the appropriate categories on the agenda or, in the case of an item added to the agenda based on a finding of necessity and urgency, by an oral announcement specifying the same information.

(Ord. No. 95-6)

(a) A policy body with authority concerning employee compensation and benefits may hold closed sessions with the county's designated representatives regarding the salaries, salary schedules or compensation paid in the form of fringe benefits to its represented and unrepresented employees. A policy body shall not discuss or negotiate compensation or other contractual matters in closed session with one or more employees directly interested in the outcome of the negotiations except as follows. The board of supervisors may, in closed session, discuss and provide direction to the county administrator or other negotiators representing the county regarding the salary and benefits of unrepresented management employees. The salary and benefits of members of the board of supervisors, the county administrator and department heads will be discussed and acted on separately by the board of supervisors in open session.

(b) In addition to the closed sessions authorized by subdivision (a), a policy body subject to Government Code Section 3501 may hold closed sessions with its designated representatives on mandatory subjects within the scope of representation of its represented employees, as determined pursuant to Government Code Section 3504.

(c) Closed sessions shall be for the purpose of reviewing the county's position and instructing its designated representatives and may take place only prior to and during consultations and discussions between the county's designated representatives and the representatives of employee organizations or the unrepresented employees.

(Ord. No. 95-6)

(a) After every closed session, a policy body may in its discretion and in the public interest, disclose to the public any portion of its discussion the disclosure of which is not prohibited by federal or state law. The body shall, by motion and vote in open session, elect either to disclose no information or to disclose the information which a majority deems to be in the public interest. The disclosure shall be made through the presiding officer of the body or such other person, present in the closed session, whom the presiding officer of the body designates to convey the information.

(b) A policy body shall publicly report any final action taken in closed session and the vote or abstention of every member present thereon, as follows:

(1) Real Property Negotiations. Direction or approval given to the policy body's negotiator concerning real estate negotiations pursuant to Government Code Section 54956.8 shall be reported as soon as the agreement is final. If its own approval renders the agreement final, the policy body shall report that approval, the substance of the agreement and the vote thereon in open session immediately. If final approval rests with the other party to the negotiations, the county shall disclose the fact of that approval, the substance of the agreement and the policy body's vote or votes thereon upon inquiry by any person, as soon as the other party or its agent has informed the county of its approval.

(2) Litigation. Direction or approval given to the policy body's legal counsel to prosecute, defend or seek or refrain from seeking appellate review or relief, or to otherwise enter as a party, intervenor or amicus curiae in any form of litigation as the result of a consultation under Government Code Section 54956.9 shall be reported in open session as soon as given, or at the first meeting after the adverse parties have been served if, in the opinion of legal counsel, earlier disclosure would jeopardize the county's ability to effectuate service of process or to conclude existing settlement negotiations to its advantage, in a manner that identifies the adverse party or parties, any co-parties with the county, and the substance of the litigation, including the circumstances leading to the dispute.

(3) Settlement. Approval given to the policy body's legal counsel of a settlement of pending litigation as defined in Government Code Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding, shall be reported as soon as the settlement is final. If its own approval renders the settlement final, the policy body shall report that approval, the substance of the agreement and the vote thereon in open session immediately. If final approval rests with some other party to the litigation, the county shall disclose the fact of that approval, the substance of the agreement and the policy body's vote or votes thereon upon inquiry by any person, as soon as the settlement is final. The county shall neither solicit nor agree to any term in a final settlement which would preclude the release of the text and terms of the settlement itself and any related documentation communicated to or received from the adverse party or parties, or any other materials not originally constituting a confidential communication between the county and its counsel. The county shall oppose any request for confidentiality to which it is proposed the county would be a party.

(4) Claim Payments. Disposition reached as to claims discussed in closed session pursuant to Government Code Section 54956.95 shall be reported as soon as agreed upon by the claimant, in a manner that discloses the name of the claimant, the substance of the claim, and any monetary amount approved for payment.

(5) Employee Actions. Action taken by a policy body to appoint, employ, dismiss, transfer, accept the resignation of or otherwise modify the terms or duration of the employment contract of a public employee in closed session pursuant to Government Code Section 54957, shall be reported immediately in a manner that names the employee and position affected and specifies any change in compensation, job description, assignment or other contract particulars and, in the case of dismissal for a violation of law or of the policy of the county, the reason for dismissal. "Dismissal" within the meaning of this division includes any termination of employment at the will of the employer rather than of the employee, however characterized, including a resignation tendered as an alternative to involuntary termination. The proposed terms of any separation agreement shall be disclosed, along with its final terms, immediately upon final approval by the policy body. Provided, that the report of a dismissal or the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.

(6) Collective Bargaining. Approval of a final agreement concluding labor negotiations pursuant to Government Code Section 54957.6 shall be reported as soon as it has been approved and ratified by all parties in a manner that describes the item approved, and identifies the other party or parties to negotiation. Such disclosure shall include all formal offers and counteroffer made over the term of the negotiations.

(c) Reports required to be made immediately may be made orally or in writing, but shall be supported by copies of any contracts, settlement agreements, or other affected documents that were finally approved or adopted by both sides after action in the closed session. These documents shall be provided to any person who requested such copies in a written request submitted within twenty-four hours of the posting of the agenda, or who has made a standing request for all such documentation as part of a request for notice of meetings pursuant to Government Code Sections 54944.1 or 54946.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 95-6)

Article 25-2.6. Public Participation

No policy body shall conduct any meeting, conference or other function in any facility that excludes persons on the basis of actual or presumed class identity or characteristics, or which is inaccessible to persons with physical disabilities, or where members of the public may not be present without making a payment or purchase. Whenever the number of spectators at a meeting of the board of supervisors, or a permanent board or commission, or a permanent sub-quorum committee of the board of supervisors, exceeds the legal capacity of the meeting room, any public address system used to amplify sound in the meeting room shall be extended by supplementary speakers to permit the overflow audience to listen to the proceedings in an adjacent room or passageway. If there be no public address system, or if supplementary speakers are not available at the time, the meeting shall be adjourned to a facility with capacity to accommodate all citizens present and wishing to attend.

(Ord. No. 95-6)

A policy body shall not abridge or prohibit public criticism of the policies, procedures, programs or services of the county, or of any other aspect of its proposals or activities, or of the acts or omissions of the policy body, on any basis other than reasonable and uniformly applied time constraints provided in previously adopted rules.

(Ord. No. 95-6)

Every member of a policy body retains the full constitutional rights of a citizen to comment publicly on the wisdom or propriety of government actions, including those of the policy body of which the individual is a member. This county shall not sanction, reprove or deprive members of their rights as elected or appointed officials for expressing their judgments or opinions, including those which deal with the perceived inconsistency of nonpublic discussions, communications or actions with the requirements of state or federal law or of this division. The release of factual information made confidential by state or federal law including, but not limited to, the privilege for confidential attorney-client communications, may be the basis for a request for injunctive relief, a complaint to the grand jury seeking an accusation of misconduct, or both.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 95-6)