City attorney briefs Salinas Library and Community Services Commission on Brown Act, records and decorum

City Attorney Chris Callahan told the Salinas Library and Community Services Commission on Aug. 13 that commissioners must conduct commission business in public and take care when using email, social media or written messages because those communications can be public records and, in some circumstances, can create an unlawful meeting under the Brown Act.

Callahan said the commission is subject to the city's uniform bylaws and to state laws that promote open government. "If you do not want it published in the newspaper, do not put it in writing," he told the commissioners, summarizing the practical risk of creating public-records requests for internal communications.

The presentation grouped several obligations facing commissioners: agenda and notice requirements, limits on off-agenda discussion, attendance and quorum rules, remote participation conditions and the risk of serial meetings arising from emails or social-media interactions. Callahan noted the uniform bylaws adopted in February 2017 now govern most city commissions, and the council expanded their application to the Police Community Advisory Committee in May. He emphasized that a quorum is a majority of appointed members (four of seven for this commission) and that commissioners must attend at least 75% of meetings in a calendar year or face possible removal.

Callahan described five narrow situations when remote participation is allowed and cautioned that informal online interaction among a majority of members can constitute a meeting. He cited Assembly Bill 992's restrictions on social-media posts and said that multiple commissioners' likes or comments on the same post can potentially create reportable communications.

He also reviewed meeting conduct tools: Robert's Rules of Order (noting Rosenberg's short guide as a practical cheat sheet), the city's rules of decorum and the process the district attorney can use to seek correction if the city violates the Brown Act. Callahan recommended that commissioners work through Director Kristen Lundquist and staff when they have agenda requests and that the chair follow standard procedures for recognizing speakers and managing debate.

Commissioners asked logistical questions including the duration and limits of ad hoc committees and how social-media posts should be handled; Callahan said ad hoc committees should be time- and scope-limited and recommended avoiding multi-member commentary on others' posts. Director Lundquist pointed commissioners to written materials provided in the packet and to staff as the primary contact for agenda requests.