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County counsel, public information officer outline Brown Act duties and social‑media guidance at special training
Summary
Natalie Reed, county counsel, and Alex Pootser, the county public information officer, led a special training for the board of supervisors covering Brown Act transparency rules, serial‑meeting prohibitions, closed‑session limits, agenda/posting requirements, remedies for violations, and recommended social‑media practices for elected officials.
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Natalie Reed, county counsel, led a Brown Act basics training for the board this morning and stressed that the law exists to ensure transparency and public access to local government meetings. Alex Pootser, the county public information officer, followed with high‑level guidance on social media use and media relations for supervisors.
Reed summarized the Brown Act as ensuring transparency, telling attendees that public business should be conducted "in a glass house in the public's interest." She walked the board through who the Act covers — legislative bodies of local agencies, including county boards of supervisors, city councils and special district boards — and who it does not cover, such as a single department head or advisory committees not created by the board.
The presentation clarified core rules: a "meeting" occurs any time a majority of board members gather to discuss matters within the board's jurisdiction; "serial meetings" (for example, an email chain or successive phone calls that together involve a majority) are prohibited; and certain communications by members on social media can create Brown Act exposure if they substantively relate to board business. Reed cited a 2017 California Supreme Court ruling that emails and text messages on personal devices that relate in a substantive way to public business can qualify as public records.
Reed reviewed agenda and notice requirements: regular meetings require agenda posting at least 72 hours in advance, special meetings require at least 24 hours' notice, and adding an urgent item after posting generally requires a two‑thirds vote of the board. She also described teleconferencing rules as detailed and advised consulting counsel before relying on options that were in effect "until January first" (the transcript did not specify the year). Reed listed the narrow categories that permit closed sessions — litigation, real‑estate negotiation and labor negotiations among them — and cautioned members to stay within the stated parameters when in closed session.
The training covered remedies and penalties for Brown Act violations: a successful challenge can lead to invalidation of board action, an award of challengers' attorney fees, and a requirement that challengers send a written cure‑and‑correct demand giving 30 days to remedy alleged defects before filing to void action. Reed noted intentional violations may carry misdemeanor exposure at the district attorney's discretion, though criminal prosecution is uncommon.
Pootser's social‑media segment emphasized practical guidance: separate personal and professional accounts or clearly differentiate personal opinions from official communications, keep posts factual and concise, avoid engaging in heated online debates, and "err on the side of caution" before posting. He urged supervisors to check with the public information officer before doing media interviews: "When you're interacting with the media, come and check with me first." He also warned that officials should assume online communications can be preserved or retrieved as public records: "what you say or write can and will be used against you."
Both presenters encouraged supervisors to seek counsel on teleconferencing and social‑media questions and offered follow‑up trainings on topics such as media relations and detailed social media practice. The presenters concluded the training and the meeting moved on to department requests.
The session contained no motions or votes.
