Sandra Gallardo, the commission's chief counsel, gave a detailed “Legal 101” briefing for new and returning commissioners on the laws and rules that govern the commission’s work.

Gallardo said she represents the commission, not individual members, and reviewed the commission’s rules of procedure, the Bagley‑Keene Open Meetings Act, the Political Reform Act as administered by the Fair Political Practices Commission (FPPC), and the California Public Records Act (CPRA). “My job is to protect the commission,” Gallardo said; “it is not to protect an individual employee.”

Why it matters

Gallardo emphasized practical duties for commissioners: disclosing remote participants under Bagley‑Keene, observing quorum and agenda‑notice rules, recusal procedures under the conflict‑of‑interest code and Form 700 filing rules, and the broad scope of public records that might implicate email and text communications. She advised commissioners to ask “what hat am I wearing?” before speaking at conferences or on panels — whether they represent the commission or a separate employer or organization.

Key points from the briefing

- Bagley‑Keene: Gallardo reminded commissioners the law requires public notice of agenda items at least 10 calendar days in advance and requires a public comment opportunity for each agenda item. She explained the legal definition of a “meeting” and prohibited serial communications or a “hub‑and‑spoke” approach to avoid public deliberation rules.

- Quorum and teleconferencing: For the commission’s current membership, Gallardo explained a majority constitutes quorum and outlined satellite meeting and teleconference requirements, including ADA accessibility and the requirement to adjourn if a satellite connection fails.

- Closed session limits: Gallardo summarized permissible closed‑session topics under Bagley‑Keene: personnel matters, pending or potential litigation, real‑estate negotiations, and security threats, and described the obligation to report actions taken in closed session when reconvening in open session.

- Political Reform Act / FPPC: Gallardo reviewed filing obligations (Form 700) and explained thresholds for financial interests leading to required disclosure or recusal: investments or real property over $2,000, income over $500 and gifts above a statutory threshold. She described the typical recusal steps: identify the financial interest, excuse oneself from the discussion, and leave the room during deliberation and roll call.

- Public Records Act (CPRA): Gallardo noted that the CPRA is broadly construed by courts and that “any writing” related to public business — including emails and texts — can be subject to disclosure requests. She outlined short statutory deadlines for initial responses to records requests.

Commissioner questions and public comment

Commissioners asked practical questions about filing officers and deadlines for Form 700 when commissioners hold multiple positions; Gallardo advised most commissioners to include all positions on a single filing and said the FPPC now requires electronic filing for commission disclosures. She also clarified the difference between representing the commission at an ex‑officio body and attending other public meetings as a private or organizational representative.

During public comment, Stacy Hiramoto of the Racial and Ethnic Mental Health Disparities Coalition requested staff review a change in the commission rules of procedure: Hiramoto said the November 2024 packet included the word “ideally” in a committee size provision that had not been flagged as a change. Gallardo acknowledged the comment and said staff would follow up.

Ending

Gallardo told commissioners to contact her directly with procedural questions and said the commission’s bylaws — which set chair and vice‑chair duties, meeting structure and amendment rules — are “the one document” commissioners should read carefully. She promised to provide guidance as the commission implements obligations under Bagley‑Keene, FPPC rules and the CPRA.