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SFPUC debates rules of order and electronic communications risks under Brown Act
Summary
Commissioners reviewed proposed conforming changes to their rules of order and heard City Attorney guidance that forwarded messages to a quorum can create a prohibited seriatim meeting under the Brown Act; staff recommended policy guidance for email and texting during commission business.
The Commission discussed proposed edits to its rules of order — largely conforming changes that will be noticed for formal action at a subsequent meeting — and grappled with how electronic communications and modern workflows intersect with open‑meeting laws.
The chair explained the Commission's rules are brief and said the body is not bound to Robert's Rules of Order: "We do not" reference Robert's Rules in general, the chair said, while explaining how the Commission handles motions and seconds. Commissioners asked about quorum rules and how votes are counted.
City Attorney staff cautioned that "if these are personal communications on your personal devices, that they would not be public records and therefore on that basis, they would not be discoverable," but added the line between personal communications and public records can be unclear. The attorney staff warned that communications forwarded to a quorum could "constitute a seriatim meeting that would be in violation of the Brown Act," and recommended guidance or policies about email and texting to reduce legal risk.
Commissioners asked the City Attorney's Office to provide background and specific recommendations on preventing inadvertent Brown Act violations through email or text forwarding and to outline possible language — such as non‑disclosure or "do not forward" instructions — that could be used in communications to clarify intent.
