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Expert panel clarifies drafting process under Bagley‑Keene: consistent pairs, notes by staff and no shared editable Google Doc
Summary
Panelists discussed how the Bagley‑Keene Open Meeting Act limits offline collaboration: staff will take notes and prepare drafts, pairs of panelists can be assigned drafting roles but pairings should remain consistent to avoid inadvertent serial meetings.
Panel members spent part of the meeting clarifying how they will draft their technical report within the constraints of the Bagley‑Keene Open Meeting Act.
Karen Mogas (State Water Board) and staff reiterated that the panel must conduct deliberations in public when a quorum is present and that offline subgroups are limited by the Bagley‑Keene restrictions. "This convened panel is subject to Bagley‑Keene Open Meeting Act," Mogas said during opening remarks, warning that any quorum convened outside a noticed public meeting must be open to the public.
Staff legal guidance summarized the operational limits the panel must follow: 1) pairs of panelists may work together between meetings on assigned sections, but pairings should remain consistent for the duration of that topic to avoid creating an un‑noticed serial quorum; 2) staff will take meeting notes and prepare draft sections for panel review rather than having panelists edit a shared live document between meetings; and 3) panelists may review drafts circulated by staff before a public meeting but cannot use a shared, editable platform to deliberate privately on the text.
Thomas Harder asked whether ad hoc hallway conversations could lead to violations; staff answered that panelists must be cautious about discussing charge questions in private settings if the discussion would constitute deliberation toward a collective recommendation.
Practical workflow agreed by the panel: staff (Erica and team) will take meeting notes, produce draft text for sections assigned to panel pairings, and circulate drafts to the full panel before meetings. Panel pairings will be proposed by members but staff will review pairings to avoid overlap that could create a serial meeting. If multiple teams create competing drafts for the same question, the competing drafts will be discussed in public during the next meeting and can be presented as alternative approaches or minority views in the final report.
Ending: Panel members agreed to continue normal public meetings and to send short written summaries of proposed drafting approaches for the next session. Staff will confirm the permissible document review/sharing method before the next meeting and circulate that guidance to panelists.
