Santa Clara County Municipal Code Ch. I Open Government

The County of Santa Clara is committed to openness in government. County officials will work together and with the public to ensure open and effective government as well as public trust and establish a system of transparency, public participation, collaboration, and accountability. Towards this goal, the County will continue to work towards expanding access to information to the extent permitted by law and subject to valid privacy, confidentiality, security, or other restrictions. The County Executive shall create a procedures manual to further implement this policy and ordinance and shall make the manual available to the public.

(Ord. No. NS-300.846, 10-18-11)

In case of inconsistent requirements under the Brown Act, the County Charter, and any other current ordinance, regulation or policy statement related to open government requirements, the requirement which would result in greater or more expedited public access shall apply.

(Ord. No. NS-300.846, 10-18-11)

All meetings of all County legislative bodies as defined under the Ralph M. Brown Act (Government Code Sections 54950 et seq.) shall be open and public, and governed by the provisions of the Ralph M. Brown Act as well as the provisions of this chapter. Legislative bodies include, but are not limited to: commissions, committees, and boards created by the Board of Supervisors, County Charter, County Ordinance Code, resolution or by other formal Board action.

(Ord. No. NS-300.846, 10-18-11)

(a) The Board of Supervisors and each of its Policy Committees shall adopt an annual calendar containing the date, times, and locations of all regular meetings, workshops and budget hearings. Regular meetings of the Board of Supervisors shall be held as provided for in Ordinance Code section A5-31 in the chambers of the Board of Supervisors at the County Government Center or at another location within the County that provides the public with ease of access, when notice has been duly posted. Additional regular meetings can be added during the year as the need arises.

(b) All other legislative bodies where the Board of Supervisors appoints a majority of the members are to conduct their meetings at the County Government Center unless it is unavailable or infeasible to do so or the Board of Supervisors approves a change in the meeting location, in which case the meetings shall be held at another County facility with ease of public access.

(c) No meeting of a legislative body may be held in a facility which is inaccessible to disabled persons or where members of the public must pay to attend the meeting. A facility is accessible if it fully satisfies the accessibility requirements set forth under California law as well as the Americans with Disabilities Act.

(Ord. No. NS-300.846, 10-18-11; Ord. No. NS-300.905, § 2, 11-15-16)

A legislative body's presiding officer or a majority of its members may call a special meeting to occur at a time and place other than as designated for regular meetings so long as the facility is fully accessible to all members of the public as described in section A17-4(c) above.

(Ord. No. NS-300.846, 10-18-11)

(a) All legislative bodies shall provide notice of regular meetings. Notice and meeting agendas shall be posted at the meeting place in a location that is accessible to the public and posted in a centralized location on the County's website no less than 72 hours before the meeting. Agendas for regular meetings of the Board of Supervisors shall be posted in a centralized location on the County's website at least six days prior to the scheduled meeting date. When the Board is adjourning or recessing into closed session during a regular meeting, items for discussion in closed session may be listed in an attachment to the posted agenda, where the attachment is posted no less than 72 hours before the meeting.

(b) Agendas must contain a brief general description of each matter to be considered or discussed at the regular meeting. Posted agenda may be revised to amend or add agenda items consistent with general law. Agendas and all other documents distributed to a majority of the members of the legislative body in connection with a matter to be considered at a meeting must be made available to the public. The agenda posted on the electronic public bulletin board should provide links to related documents, whenever feasible. Requests for agenda packets and minutes for public meetings shall be accommodated electronically where feasible.

(c) For special meetings, legislative bodies must provide at least 24 hours' notice, in writing, to all members, media outlets and known interested parties and community groups setting forth a brief general description of matters to be discussed or considered. Notice of special meetings shall also be posted at the meeting place in a location that is accessible to the public and in a centralized location on the County's website as soon as possible but no later than 24 hours in advance of the special meeting.

(d) Notwithstanding any provision of this Ordinance Code to the contrary, the Board may hold special or emergency meetings or take action on items not on an agenda consistent with general law.

(Ord. No. NS-300.846, 10-18-11; Ord. No. NS-300.905, § 3, 11-15-16)

(a) The Clerk of the Board of Supervisors shall prepare and publish a Summary of Proceedings/Minutes of regular and special meetings of the County of Santa Clara Board of Supervisors. The Summary of Proceedings/Minutes shall be prepared within four days of the meeting and published both electronically and in a local newspaper within ten days after each regular meeting.

(b) Minutes of meetings of other regularly scheduled Board Policy Committees shall generally be posted at least seven days prior to the next regular meeting.

(Ord. No. NS-300.846, 10-18-11)

(a) The public at all times shall have the right to address legislative bodies on matters within the subject matter jurisdiction of the legislative body, including all matters on the agenda.

The chair of each legislative body may adopt and enforce reasonable rules and regulations, such as time limitations, relating to public comment.

(b) Members of legislative bodies must provide brief reports, either orally or in writing, on other meetings, as defined in the Brown Act, attended at the County's expense at the legislative body's next regularly scheduled meeting.

(Ord. No. NS-300.846, 10-18-11)

(a) Closed sessions may be held in accordance with the Ralph M. Brown Act. A description of each item of business to be discussed at the meeting, as described in section 54954.5 of the Government Code, shall be included with the agenda for the meeting and posted at the meeting place in a location that is accessible to the public and in a centralized location on the County's website at least 72 hours prior to a regular meeting or 24 hours prior to a special meeting. Notice and posting for closed sessions held as part of an emergency meeting shall comply with general law.

(b) County Counsel shall make an oral report of any reportable final actions taken in the Board of Supervisors closed session meeting, including the vote or abstention of every member present. The oral report shall be documented in the written summary of the Board meeting.

(Ord. No. NS-300.846, 10-18-11; Ord. No. NS-300.905, § 4, 11-15-16)

Regular and special meetings of the Board of Supervisors and Board Policy Committees shall be video and audio recorded with the exception of open sessions held solely for the purpose of recessing into a closed session and open sessions held for the purpose of training. To the extent possible, video and audio recordings shall be made available to the public on live and pre-recorded television, electronically via webcasts, and through other means as feasible.

(Ord. No. NS-300.846, 10-18-11; Ord. No. NS-300.885, § 1, 6-23-15; Ord. No. NS-300.895, § 1, 4-26-16)

All items required to be posted electronically shall be accessible from a central location on the County's website, www.sccgov.org, as well as those websites maintained by individual legislative bodies.

(Ord. No. NS-300.846, 10-18-11)

(a) Records maintained by the County are public records and, unless exempt from disclosure under the California Public Records Act (PRA), must be made available to the public to inspect, copy, or both. Only fees as authorized by the PRA or other state law may be charged to a requesting party.

(b) The County has designated the Office of the County Counsel as the office responsible for receiving and coordinating departmental responses to PRA requests. The contact information and process for obtaining public records shall be published on the County's website. The County Counsel's office or its designee must inform the requesting parties within ten days how the County/department intends to respond, or the need for an extension of time up to 14 days to respond as authorized by the PRA.

(c) Documents which are not exempt from disclosure shall be provided upon request to members of the public without delay and within the time period as required by the PRA.

(d) The disclosure of calendars prepared and maintained in the ordinary course of business by County officials is addressed in Board of Supervisors Policy 2.4.

(Ord. No. NS-300.846, 10-18-11; Ord. No. NS-300.858, § 1, 8-27-13)

Gifts to the County shall be accepted and reported in accordance with Ordinance Code section A2-17.

(Ord. No. NS-300.846, 10-18-11)

Travel shall be disclosed in accordance with Ordinance Code Division A-31 and the Travel Policy Desk Reference Manual which generally provides that:

(a) Board members and other elected officials shall notify the Clerk of the Board of their planned business travel if travel includes overnight stay, airfare, advanced funds, or transportation involving a car rental from a vendor or from the central pool or a County vehicle that is not assigned to the Board member. The Clerk of the Board will post notice of such Board business travel in the board agenda. Emergency or last minute travel may be noticed after the fact.

(b) International travel for members of the Board of Supervisors and their staff must be pre-approved by the Board. However, if timing prevents advance approval, the travel may be pre-approved in writing by the associated Board member and be approved after the fact by the Board of Supervisors in public session. Reimbursement for travel costs will be provided only after Board approval is granted in public session.

(c) All travel by members of County Boards and Commissions undertaken for the purpose of conducting County business must be pre-approved by the Board.

(d) Travel undertaken under sections (b) and (c) above must be reported to the Clerk of the Board and placed on the Board's regular agenda.

(Ord. No. NS-300.846, 10-18-11; Ord. No. NS-300.867, § 1, 12-17-13)

Lobbying activity shall be conducted in accordance with Ordinance Code section A3-61.

(Ord. No. NS-300.846, 10-18-11)