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City attorney reviews Brown Act, decorum and public-record rules with Traffic and Transportation Commission

2714629 · March 20, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

City Attorney Chris Callahan briefed the Salinas Traffic and Transportation Commission on the Brown Act, public‑records obligations, rules of decorum and commissioners' appointment and removal rules, emphasizing open‑meeting limits on communication and social media interactions.

City Attorney Chris Callahan told the Salinas Traffic and Transportation Commission on March 13 that commissioners must conduct commission business in public and take care to avoid serial or online communications that could be construed as a meeting under the Brown Act.

Callahan said the commission is established by the Salinas Municipal Code and that commission duties, appointment and removal, quorum rules and bylaws are set by code and by a council resolution. "I am Chris Callahan. I'm the city attorney," he said at the start of his presentation.

The briefing explained why agenda items must be posted and why the public must be allowed to comment on items before the commission. Callahan reminded commissioners that the council adopted uniform bylaws in Resolution No. 21,165 and that a majority of appointed members constitutes a quorum for the seven‑member commission. He told commissioners, "The rule of thumb is if you don't want it to be, in the media, don't put it in writing."

Why it matters: Callahan framed the overview as a practical briefing for newly appointed commissioners and a reminder for continuing members. The information affects how commissioners request agenda items, communicate with staff and the public, and how the commission documents and conducts its deliberations.

Callahan reviewed several compliance points commissioners and staff must follow: agenda items are set by staff, two commissioners are required to request an item be placed on a future agenda under council rules, and communications about commission business (including texts, e‑mail or social media) may be public records under the California Public Records Act. He also warned that social‑media interactions — even "likes" — can in some circumstances create a Brown Act issue under AB 992 if those interactions amount to a collective discussion among a quorum.

On decorum and ethics: Callahan referred commissioners to Rosenberg's Rules of Order and other guidelines included in the commission packet. He summarized the city's decorum rules adopted by the council in 2017 and noted the council can remove a commissioner for serious violations. He also reviewed financial conflict disclosure procedures, saying staff review Form 700 filings and will flag possible conflicts in advance so a commissioner can recuse if required.

Commissioners asked practical questions about how to request agenda items without creating a Brown Act violation and about public‑records procedures for personal e‑mail and texts. Callahan advised commissioners to discuss potential agenda items with one other commissioner or raise them during the meeting's "future agenda items" portion so that the discussion occurs in public. On records requests, he said staff will notify commissioners if there is a request and ask each commissioner to supply any communications that relate to city business — the commissioner, not staff, reviews their personal messages and provides the relevant material for disclosure.

Callahan also cautioned that the city seal and logo are trademarked and cannot be used by commissioners for personal newsletters or letterhead without prior authorization from the city clerk or city manager.

Commissioners thanked Callahan and asked for follow‑up clarifications about remote participation, substitute motions and handling requests for agenda placement. The briefing concluded with multiple commissioners thanking Callahan for the refresher and saying they would contact him or staff with follow‑up questions.

Ending: The presentation closed with an offer from the city attorney to meet with commissioners individually to clarify gray areas and with an admonition to prioritize open meeting procedures and public‑records caution in written communications.