HomeMy WebLinkAbout2021-03-03 LBOT Board PacketLIBRARY BOARD OF TRUSTEES
CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringslibrary.gov
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 3, 2021
5:30 P.M.
Pursuant to Executive Order N-29-20, this meeting may be conducted by teleconference and
there will be no in-person public access to the meeting location.
• To view/listen to the meeting live, please use the following link:
https://us02web.zoom.us/j/82759094611 or call 1-669-900-6833, Meeting ID:
827 5909 4611
• Submit your public comment to the Library Board of Trustees electronically. Material
may be emailed to jeannie.kays@palmspringsca.gov. Transmittal prior to the start of
the meeting is required. Any correspondence received during or after the meeting will
be distributed to the Board and retained for the official record.
• You may provide telephonic comments by calling the Library Director at (760) 322-
8375 by no later than 4:00 p.m. to be added to the public comment queue. At the
appropriate time, a staff member will call you so that you may provide your public
testimony to the Board.
• The meeting will be recorded and the audio file will be available from the Office of the
City Clerk and will be posted on the City’s YouTube channel, as soon as practicable.
TRUSTEES
Craig Borba, Ed. D. David Kelly, J.D., M.B.A.
Melissa Cronin Ed McBride
Juanita Garner
Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive
public services to enhance the quality of life for current and future generations.
Staff representative: Jeannie Kays, Director of Library Services, Palm Springs Public Library
I. CALL TO ORDER - ROLL CALL
II. PRESENTATIONS – City Clerk discussing Brown Act
III. ACCEPTANCE OF THE AGENDA: In order to meet Brown Act requirements, items may be
added to the agenda only upon decision by a majority of the Board of Directors to add the
item because of a need for immediate action. This Agenda was available for public access
at the City Hall exterior bulletin board (west side of Council Chamber), and City Clerk’s office
on or before 5:30 p.m., February 24, 2021. A courtesy posting of this Agenda can be found
on the Library’s website at www.palmspringslibrary.org. Pursuant to the Government Code
Section 54957.5, the designated office for inspection of public records in connection with
the public meeting of the Library Board of Trustees is the office of the City Clerk, City Hall,
at 3200 East Tahquitz Canyon Way, Palm Springs, California.
Library Board of Trustees, March 3, 2021, pg. 1
Library Board of Trustees Page 2 of 4
Wednesday, March 3, 2021
Acceptance of Agenda: Motion: Second: Approved: Opposed: Abstention Names(s):
IV. PUBLIC COMMENTS: This time has been set aside for members of the public to address the Library Board of Trustees on Agenda items; and items of general interest within the subject matter within jurisdiction of the City. Although the Library Board of Trustees values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted Agenda. Three (3) minutes are assigned to each speaker. V. CONSENT AGENDA A. Meeting Minutes of February 3, 2021
B. Library Statistics
Acceptance of Consent Agenda: Motion: Second: Approved: Opposed: Abstention Names(s):
VI. ADMINISTRATIVE REPORTS A. Friends of the Palm Springs Library
B. Palm Springs Public Library Foundation
C. Library Staff
VII. TREASURERS REPORT Acceptance of Treasurers Report: Motion: Second: Approved: Opposed: Abstention Names(s):
VIII. DISCUSSION/ACTION ITEMS
A. Information regarding Library Trust Fund Finances and Friends of the Library
Transactions.
Motion: Second: Approved: Opposed: Abstention Names(s):
B. Request for $5,000 from Kropitzer Trust account to spend on nonfiction books.
Motion: Second: Approved: Opposed: Abstention Names(s):
Library Board of Trustees, March 3, 2021, pg. 2
Library Board of Trustees Page 3 of 4
Wednesday, March 3, 2021
C. Committee Structure – Standing and Ad Hoc Committees
Motion: Second: Approved: Opposed: Abstention Names(s):
D. Treasurer Kelly’s January 25, 2021 memo regarding Library Trust Fund:
Discussion Item #1
The Library Trust Fund should have its own charter with a statement of purpose,
objectives, and investment guidelines. The charter should state the type of Library
projects it will consider funding, and which need special approval, if any.
Motion: Second: Approved: Opposed: Abstention Names(s):
IX. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS
X. ADJOURNMENT: The meeting of the Library Board of Trustees will adjourn to its next
regularly scheduled meeting at 5:30 p.m. on Wednesday, April 7, 2021 in the Large
Conference Room at Palm Springs City Hall or virtually.
The Palm Springs Public Library Board of Trustees meets at 5:30 p.m. on the 1st Wednesday
of every month, unless noted otherwise, virtually or in the Large Conference Room at Palm
Springs City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, CA.
THE PUBLIC IS INVITED TO PARTICIPATE
COMMITTEES:
STANDING:
ADVOCACY CRONIN
BUDGET KELLY/MCBRIDE
BUILDINGS BORBA
POLICIES/BYLAWS BORBA/GARNER
AD HOC:
FOUNDATION LIAISON BORBA/MCBRIDE
FRIENDS LIAISON KELLY/BORBA
MEASURE J LIAISON CRONIN
Library Board of Trustees, March 3, 2021, pg. 3
Library Board of Trustees Page 4 of 4
Wednesday, March 3, 2021
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Jeannie Kays, Director of Library Services of the City of Palm Springs, California, hereby certify this
Agenda was delivered to each member of the Library Board of Trustees, provided to all parties who have
requested such notice, posted at City Hall before 5:30 p.m., on February 24, 2021, and posted on the City’s
website as required by established policies and procedures.
____________________________
Jeannie Kays, MLIS
Director of Library Services
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with
the meeting is the Office of the Library Director, Palm Springs Public Library, 300 S. Sunrise
Way. Complete Agenda Packets are available for public inspection at: Palm Springs Public
Library. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you
would like additional information on any item appearing on this agenda, please contact the Director of
Library Services at (760) 322-8375.
It is the intention of the City of Palm Springs to comply with the Americans With Disabilities Act (ADA)
in all respects. If, as an attendee or a participant at this meeting, If you will need special assistance beyond
what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please
contact Lisa Brock at 760-322-8387 to inform us of your particular needs and to determine if
accommodation is feasible. Please advise us at that time if you will need accommodations to attend or
participate in meetings on a regular basis.
Library Board of Trustees, March 3, 2021, pg. 4
DRAFT
Board of Library Trustees Minutes: February 3, 2021 1
PALM SPRINGS PUBLIC LIBRARY
BOARD OF LIBRARY TRUSTEES
MINUTES
Palm Springs Public Library February 3, 2021
Teleconference via Zoom
1. CALL TO ORDER
President McBride called the meeting to order at 5:32 p.m.
ROLL CALL PRESENT
Craig Borba Yes
Melissa Cronin Yes
Juanita Garner Yes
David Kelly Yes
Ed McBride Yes
STAFF PRESENT: Jeannie Kays, Director of Library Services.
CITY STAFF PRESENT: Lisa Brock, Library Operations and Collection Manager.
PUBLIC PRESENT: Nanci Morrison.
2. CHANGES OR ADDITIONS TO THE AGENDA:
None.
3. PUBLIC COMMENTS: None.
4. CONSENT AGENDA
MOTION: (Kelly/Borba, 5-0) To approve the consent agenda, with removal of 4.A. for discussion.
4. A. Meeting Minutes of January 7, 2021
This item was excluded from the consent agenda.
4. B. Library Statistics
EXCLUDED CONSENT AGENDA
4. A. Meeting Minutes of January 7, 2021
Treasurer Kelly requested that the January 7, 2021 meeting minutes be amended as follows:
In 7.A. change the line “Trustee Kelly will be leaving the Library Board in June of 2021.” to “Trustee
Kelly will be leaving the Library Board at the end of his term in June 2021.”
MOTION: (Borba/Cronin, 5-0) To approve the January 7, 2021 minutes as amended.
5. ADMINISTRATIVE REPORTS
5. A. Friends of the Palm Springs Library
Library Board of Trustees, March 3, 2021, pg. 5
DRAFT
Board of Library Trustees Minutes: February 3, 2021 2
Nanci Morrison gave the report. The Friends are planning a silent auction to take place around the time
or their annual meeting. The date for the annual meeting is not set yet. It will be virtual this year and they
are looking into authors to speak at the meeting. They received notification that someone passed away
and left money to the Friends of the Palm Springs Library.
5. B. Palm Springs Public Library Foundation
President McBride gave the report. The Foundations year-end fundraising campaign has now raised
close to $10,000. They are in the process of applying for another grant.
5. C. Library Staff
Contactless pickup is once again available Monday-Saturday. You can pick up reserved library materials
like books and DVDs as well as craft kits. Mobile printing is also available.
Free Wi-Fi is available in the parking lot.
Library-A-Go-Go and inside use statistics:
Since resuming pickup service January 22, 2021, we filled 571 appointments in the month of January.
Virtual Programming:
Story times are on Facebook Thursdays at 10:00 a.m.
Teen live events are on Tuesdays at 4:00 p.m. on Instagram Live.
This month’s Youth activity is “Cook Along: Delicious Valentine’s Day Treats.” The video premieres on
Facebook and our YouTube channel Tuesday, February 9. There will be no kit pickup.
We still have tote bag painting kits available if children are interested. They will be available through
February 20, or until supplies last.
Teen To-Go: DIY Anti-Valentine’s/Valentine’s Day Kits. Pick up kits now through February 13.
Adult Program: Hershey’s Kisses Roses craft demonstration. Library Director Jeannie Kays
demonstrates how to make Hershey’s Kisses Roses. This program premieres February 4 on Facebook
and YouTube.
We are working on a project with the Mizell Center to have a free virtual author event. Details are
pending.
City Council approved funding for the hardware upgrade on our book sorting system. I was able have
some savings this year from categories where we would normally spend the funds, like printing and
events.
6. TREASURERS REPORT
Treasurer Kelly reported the Library Trust Fund balance is $1,816,772.85. That is an increase of just
over $1,000; Director Kays said the Trust Fund received a donation of $1,000 and a donation of $25. A
discussion of the Friends of the Library account in the Trust Fund took place. Trustee Kelly said he
thought this system was not going to be in place any longer. Director Kays said this system was put in
place by the finance department. Director Kays explained that when books are purchased at the library
all of the money goes into a revenue account. At the end of the month library staff puts in a request to
move the earnings from the revenue account to the Friends account within the Trust Fund. At the same
time a request is put in to cut a check to the Friends of the Palm Springs Library. President McBride
asked why there couldn’t be a cash box for the book sale. Director Kays said with a cash box there isn’t
an audit process and a higher risk of theft. On the Trust Fund Expenditure Status Report the money
shows up in the Budget Column and shows it coming out in the Period Expenditure column. The account
starts with a $100 balance which is used as a placeholder to keep the account open. Trustee Cronin
said she would be interested to know if the City could pull that line item out or open a second account
that is not under the auspices of the Trust account because it seems like it introduces unnecessary
confusion. Director Kays showed an Expenditure Audit Trail report that shows that the money went into
the account on 12/16/2020 and out on 12/23/2020. Treasurer Kelly made two recommendations the first
is that the Expenditure Audit Trail report is included every month and the second is that there is a line
Library Board of Trustees, March 3, 2021, pg. 6
DRAFT
Board of Library Trustees Minutes: February 3, 2021 3
item for donations. Director Kays showed the report that showed the donations going into account 37105.
Treasurer Kelly said it would be helpful to have a report that shows 37105 on a monthly basis. Director
Kays asked if going forward she should include the Expenditure Audit Trail that shows the Friends
money. Treasurer Kelly said no, his preference is that he would not want to see this at all because it is
giving him something else he has to pay attention to on a month-to-month basis. Director Kays said that
the bottom line is that you want to see that the available balance on the Friends line is $100.
7. DISCUSSION/ACTION ITEMS
7. A. History of Harold and Lorraine W. Kropitzer Trust Donation
Director Kays presented the memorandum included in the Board packet. The Trust Fund received
a large donation from the Estate of Harold and Lorraine Kropitzer. The money was designated for
construction of a quiet reading center for senior patrons or nonfiction adult books written in English.
An itemized history of the account for each year is included in the packet. When the Board approves
money for books the money is moved from the Kropitzer account to the Trust Fund Books account.
The Librarian that orders non-fiction books chooses how to use the money; a lot of it is used to help
buy replacement copies or fill in gaps in the collection and create a more robust collection. This
year the money from the City was cut in half so the money the Board approved really helps. Director
Kays ’ reason for asking for $10,000 a year is because that money would last for 25 years. However,
if we were able to get a new library then we might be able to build a quite reading room or study
room. President McBride said that in previous years the Board saw this fund as an opportunity to
keep the collection going. President McBride asked how only given $5,000 this year has affected
the budget and what would happen if they stopped giving an allocation. Director Kays said that
since the book budget was cut in half, the $5,000 really helped. Treasurer Kelly said that when we
were approving the money in October 2020 he was not aware that the money was coming out of
the Kropitzer Fund. Trustee Garner and Trustee Cronin remember Director Kays saying that this
money was allocated for books. Trustee Borba asked if the Board would like to approve an
additional $5,000. Presided McBride suggested Director Kays come back closer to the end of the
fiscal year if the Library needs more money for the budget. Treasurer Kelly said that going forward
on an annual basis there is going to be at a minimum a $10,000 dollar donation from the Kropitzer
Trust donation to go towards non-fiction books. Trustee Borba asked if this can be added onto the
next agenda as a motion item. The Library puts a bookplate in every item that is purchased with
funds from the Trust Fund and the Friends.
Item 7. D. moved up at this time.
7. D. Committee Structure (McBride)
Director Kays had further conversations with the City Clerk about the language of “standing sub-
committee” vs. “ad hoc sub-committee.” The City Clerk sent an excerpt from the Brown Act and it
is not just the name it is the method in which the sub-committee is formed. Director Kays read from
the Brown Act. If the Board assigns people and takes formal action, it is by definition a standing
committee but if people volunteer and no action is taken that would be an ad-hoc committee. If the
Board wanted to make the Budget committee an ad-hoc committee, they would need to change
the by-laws. The way the committees are currently formed, they are subject to the Brown Act.
Treasurer Kelly said that this topic needs to be put in a memo formalized so that it’s a presentation
to the Board of Trustees as to what the issues are and what the Board of Trustees are being asked
to consider. If amendments to the bylaws need to be made they can consider it at that time.
President McBride asked Director Kays to add this item to the next agenda. Director Kays will invite
the City Clerk to the next meeting. Treasurer Kelly said it would be beneficial to have whatever the
City Clerk is going to attest to in writing before the meeting.
7. B. Review, Discussion, and Recommendations for Trust Fund
Treasurer Kelly discussed the memo he prepared regarding the Library Trust Fund/Endowment.
Library Board of Trustees, March 3, 2021, pg. 7
DRAFT
Board of Library Trustees Minutes: February 3, 2021 4
MOTION: (Borba/Cronin, 5-0) To accept the document.
Trustee Borba said that to him the items that were included to discussion points seemed to be in
order and that item one should be discussed first. Trustee Cronin agreed and said that it will help
shed light on questions that came up about the management of facilities and what exactly the
Boards rule will be if it is not defined in the resolution. President McBride asked Director Kays to
add discussion point one to the next agenda.
7. C. Library Operating Budget, Fiscal Year 2021-2022
Director Kays gave the report; she shared the proposed budget for fiscal year 2021-2022. This first
draft will be submitted to the City on February 8, 2021.
MOTION: (Borba/Kelly, 5-0) To support the proposed budget submitted by the Librarian to
the City Manager.
8. TRUSTEE/STAFF COMMENTS/FUTURE AGENDA ITEMS
None.
9. ADJOURNMENT
The February meeting adjourned at 7:28 p.m.
RESPECTFULLY SUBMITTED,
Jeannie Kays
Director of Library Services
Library Board of Trustees, March 3, 2021, pg. 8
LIBRARY STATISTICS 2021 2020 %CHANGE
MATERIALS CHECKED OUT (Total)9,528 41,931 -87%
Print 2,623 18,961 -86%
Media 2,101 18,676 -89%
Other (Downloadable & In-house)4,804 4,294 12%
LIBRARY CARD REGISTRATIONS (Total)121 444 -73%
Palm Springs Resident 85 225 -62%
California Resident 35 142 -75%
Out of State and/or Fee Cards 1 77 -99%
DOOR COUNT (Main) 0 17,418 -100%
DOOR COUNT (WMML)0 5,504 0%
PUBLIC COMPUTER SESSIONS (Main)0 3,476 -100%
PUBLIC COMPUTER SESSIONS (WMML)0 1,893 -
WiFi COMPUTER SESSIONS (Main)169 2,623 -91%
WiFi COMPUTER SESSIONS (WMML)28 311 -91%
PROGRAM ATTENDANCE 0 768 -
Pre-School 0 71 -
School Age 0 364 -
Family 0 45 -
Teen 0 31 -
Adult 0 257 -
NO.OF PROGRAMS (Total)0 33 -
Pre-School 0 3 -
School Age 0 12 -
Family 0 2 -
Teen 0 5 -
Adult 0 11 -
VIRTUAL PROGRAMMING (Total)13 0 -
Pre-School 4 0 -
School Age 1 0 -
Family 0 0 -
Teen 3 0 -
Adult 5 0 -
LIVE ATTENDANCE (Total)76 0 -
Pre-School 0 0 -
School Age 0 0 -
Family 0 0 -
Teen 0 0 -
Adult 76 0 -
ON-DEMAND VIEWING (Total)456 0 -
Pre-School 51 0 -
School Age 12 0 -
Family 0 0 -
Teen 37 0 -
Adult 356 0 -
VOLUNTEER HOURS 0 318 -
ILL REQUESTS FROM OTHER LIBRARIES 77 207 -63%
NO. OF DAYS OPEN (Main)0 25 -100%
NO. OF DAYS OPEN (WMML)0 30 -
NO. OF PASSPORTS PROCESSED 0 n/a -
PHOTOS 0 n/a -
January 2021 vs. January 2020
Library Board of Trustees, March 3, 2021, pg. 9
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1DATE: 02/16/21 CITY OF PALM SPRINGS STATMN11TIME: 09:08:48 PRINT BALANCE SHEETS BY FUNDSELECTION CRITERIA: genledgr.fund=’151’ACCOUNTING PERIOD: 7/21 FUND - 151 - LIBRARY ENDOWMENT ACCOUNT - - - - - TITLE - - - - - DEBITS CREDITS 11010 Cash 1,820,933.99 11110 Unrealized Investments .00 TOTAL RETAINAGE 1,820,933.99 .00 12120 Accounts Receivable .00 12215 Accrued Interest Rec 2,925.66 12418 Notes Receivable 80,000.00 TOTAL Receivables 82,925.66 .00 16151 Prepaid Expenses .00 TOTAL Other Assets .00 .00 TOTAL ASSETS 1,903,859.65 .00 21100 Accounts Payable - System .00 21112 Sales Tax Payable .00 TOTAL Accounts Payable .00 .00 21201 Accrued Wages Payable .00 TOTAL Wages Payable .00 .00 23287 Deposits Payable .00 TOTAL Other Liabilities .00 .00 TOTAL LIABILITIES .00 .00 29306 Budgeted Transfers-Out .00 29322 Transfers to Other Funds .00 29341 Reserves for Encumbrances .00 29342 Resrv for Continuing Appr .00 29348 RESERVE FOR LIB ENDOWMENT .00 TOTAL Fund Balance 185,660.86 2,089,520.51 TOTAL EQUITIES 185,660.86 2,089,520.51 TOTAL LIBRARY ENDOWMENT 2,089,520.51 2,089,520.51 TOTAL REPORT 2,089,520.51 2,089,520.51 RUN DATE 02/16/21 TIME 09:08:49 SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERLibrary Board of Trustees, March 3, 2021, pg. 10
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1DATE: 02/16/21 CITY OF PALM SPRINGS AUDIT41TIME: 09:09:48 REVENUE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ and revledgr.account=’36101’ACCOUNTING PERIODS: 1/21 THRU 7/21 (INACTIVE ACCOUNTS INCLUDED)SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNT,ACCOUNT,PERIODTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,ACCOUNT,PERIODPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENT CUMULATIVEACCOUNT DATE T/C RECEIVE REFERENCE PAYER/VENDOR BUDGET RECEIPTS RECEIVABLES DESCRIPTION BALANCE36101 INTEREST INCOME 151-2 - LIBRARY ENDOWMENT36101 INTEREST INCOME .00 .00 .00 BEGINNING BALANCE 07/06/20 12-1 .00 POSTED FROM BUDGET SYSTEM TOTAL PERIOD 1 .00 .00 .00 .00 09/30/20 19-3 4674 16,374.96 FY21 Q1 INTEREST ALLOCS TOTAL PERIOD 3 .00 16,374.96 .00 -16,374.96 10/31/20 19-4 4725 8,093.07 CORRECT FY21 Q1 INT ALLOC 10/31/20 19-4 4723 -16,374.96 RVRSE FY21 Q1 INT ALLOC TOTAL PERIOD 4 .00 -8,281.89 .00 -8,093.07 01/01/21 19-7 5046 3,076.39 FY21 Q2 INTEREST ALLOCS TOTAL PERIOD 7 .00 3,076.39 .00 -11,169.46 TOTAL INTEREST INCOME .00 11,169.46 .00 -11,169.46 TOTAL 1ST SUBTOTAL - USE OF MONEY .00 11,169.46 .00 -11,169.46 TOTAL DEPARTMENT - .00 11,169.46 .00 -11,169.46 TOTAL FUNCTION - SPECIAL REVENUE FUNDS .00 11,169.46 .00 -11,169.46 TOTAL FUND - LIBRARY ENDOWMENT .00 11,169.46 .00 -11,169.46TOTAL REPORT .00 11,169.46 .00 -11,169.46* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 11
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1DATE: 02/16/21 CITY OF PALM SPRINGS EXPSTA11TIME: 09:13:03 EXPENDITURE STATUS REPORTSELECTION CRITERIA: orgn.fund=’151’ and orgn.orgn1=’50’ and orgn.orgn2=’2752’ACCOUNTING PERIOD: 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND-151 LIBRARY ENDOWMENT FUNCTION-50 LIBRARY DEPARTMENT-2752 LIBRARY TRUST 1ST SUBTOTAL-4200 MTRLS, SUPPLIES & SVCS PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD42195 SPECIAL DEPT SUPPLIES 52.81 .00 .00 .00 52.81 .0042530 DUES & SUBSCRIPTIONS 3,750.00 .00 .00 .00 3,750.00 .0044051 FRIENDS OF THE LIBRARY 276.25 .00 .00 176.25 100.00 63.80 TOTAL MTRLS, SUPPLIES & SVCS 4,079.06 .00 .00 176.25 3,902.81 4.3250004 FUTURE LIBRARY PROJECTS 1,535,895.59 .00 .00 .00 1,535,895.59 .0051026 TRUST FUND BOOKS 48,282.22 .00 35,000.00 .00 13,282.22 72.4951031 KROPITZER TRUST DONATION 211,665.74 .00 .00 .00 211,665.74 .0051036 WELWOOD PATIO 147,308.36 .00 12,762.14 134,546.22 .00 100.0051040 PR LIBRARY CAMPAIGN 8,263.46 .00 .00 3,000.00 5,263.46 36.30 TOTAL CAPITAL 1,951,415.37 .00 47,762.14 137,546.22 1,766,107.01 9.50 TOTAL LIBRARY TRUST 1,955,494.43 .00 47,762.14 137,722.47 1,770,009.82 9.49 TOTAL LIBRARY 1,955,494.43 .00 47,762.14 137,722.47 1,770,009.82 9.49 TOTAL LIBRARY ENDOWMENT 1,955,494.43 .00 47,762.14 137,722.47 1,770,009.82 9.49TOTAL REPORT 1,955,494.43 .00 47,762.14 137,722.47 1,770,009.82 9.49Library Board of Trustees, March 3, 2021, pg. 12
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1DATE: 02/16/21 CITY OF PALM SPRINGS AUDIT21TIME: 09:19:06 EXPENDITURE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ expledgr.key_orgn=’2752’ and expledgr.account=’50004’ACCOUNTING PERIODS: 1/21 THRU 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND - 151 - LIBRARY ENDOWMENT DEPARTMENT - 2752 - LIBRARY TRUST ACCOUNT CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE50004 FUTURE LIBRARY PROJECTS 151-50-2752-2752 - LIBRARY TRUST50004 FUTURE LIBRARY PROJECTS .00 .00 .00 BEGINNING BALANCE 07/06/20 11-1 .00 POSTED FROM BUDGET SYSTEM 07/23/20 13-1 1,545,441.27 CARRYOVER 19-20 TO 20-21 07/27/20 13-1 1,545,441.27 CARRYOVER 19-20 TO 20-21 07/27/20 13-1 -1,545,441.27 CORRECT CO 19-20 TO 20-21 07/27/20 13-1 20,454.32 CARRYOVER 19-20 TO 20-21 11/24/20 25-5 111003B -30,000.00 PURCHASE BOOKS TOTAL FUTURE LIBRARY PROJECTS 1,535,895.59 .00 .00 1,535,895.59 TOTAL 1ST SUBTOTAL - CAPITAL 1,535,895.59 .00 .00 1,535,895.59 TOTAL DEPARTMENT - LIBRARY TRUST 1,535,895.59 .00 .00 1,535,895.59 TOTAL FUNCTION - LIBRARY 1,535,895.59 .00 .00 1,535,895.59 TOTAL FUND - LIBRARY ENDOWMENT 1,535,895.59 .00 .00 1,535,895.59TOTAL REPORT 1,535,895.59 .00 .00 1,535,895.59* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 13
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 1DATE: 02/16/21 CITY OF PALM SPRINGS EXPSTA11TIME: 09:21:30 EXPENDITURE STATUS REPORTSELECTION CRITERIA: orgn.fund=’001’ and orgn.orgn1=’50’ and orgn.orgn2=’2710’ACCOUNTING PERIOD: 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND-001 GENERAL FUND 2ND SUBTOTAL-400 EMPLOYEE COMPENSATIONFUNCTION-50 LIBRARY DEPARTMENT-2710 LIBRARY 1ST SUBTOTAL-4000 PERSONNEL COSTS PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD40000 REGULAR EMPLOYEES 898,575.27 109,980.01 .00 509,584.87 388,990.40 56.7140008 EX SALARY OFFSET -15,891.12 .00 .00 .00 -15,891.12 .0040050 VACATION/SICK CONVERSION .00 .00 .00 15,738.56 -15,738.56 .0040200 TEMPORARY EMPLOYEES 45,400.00 .00 .00 .00 45,400.00 .0040800 OVERTIME 2,500.00 .00 .00 422.45 2,077.55 16.9041110 MED INSURANCE WITHDRAWAL .00 150.00 .00 1,500.00 -1,500.00 .0041210 EDUC/CERT/LICENSE 26,053.81 .00 .00 .00 26,053.81 .0041230 BILINGUAL 8,513.25 .00 .00 .00 8,513.25 .0041450 TELECOMMUNICATION ALLOWA 1,500.00 .00 .00 .00 1,500.00 .0041600 PERS CONTRIBUTIONS 335,067.24 36,286.15 .00 191,061.35 144,005.89 57.0241620 PERS - POB 36,600.00 .00 .00 18,300.00 18,300.00 50.0041700 MEDICARE TAX 13,495.91 1,558.73 .00 8,382.43 5,113.48 62.1141900 FRINGE BENEFITS 248,625.00 16,363.87 .00 108,696.86 139,928.14 43.7241920 WORKERS COMPENSATION 61,700.00 .00 .00 30,850.00 30,850.00 50.0041930 RHS HEALTH BENEFIT 11,700.00 875.00 .00 6,575.00 5,125.00 56.2041940 RETIREE HEALTH BENEFIT 112,200.00 .00 .00 56,100.00 56,100.00 50.00 TOTAL PERSONNEL COSTS 1,786,039.36 165,213.76 .00 947,211.52 838,827.84 53.0342010 GAS AND OIL (HEAT) 5,000.00 235.61 .00 296.26 4,703.74 5.9342015 COMMUNICATIONS 12,000.00 106.56 4,127.52 620.92 7,251.56 39.5742100 OFFICE SUPPLIES 7,000.00 391.21 .00 2,575.03 4,424.97 36.7942115 POSTAGE 1,000.00 .00 .00 .00 1,000.00 .0042195 SPECIAL DEPT SUPPLIES 15,000.00 3,824.04 .00 8,259.64 6,740.36 55.0642490 NON CAPITAL EQUIPMENT 3,000.00 .00 583.94 837.74 1,578.32 47.3942530 DUES & SUBSCRIPTIONS 3,300.00 .00 .00 1,312.00 1,988.00 39.7642570 PRINTING & PUBLISHING 12,000.00 .00 .00 114.72 11,885.28 .9642580 ELECTRONIC DATABASES 56,371.00 .00 .00 41,367.70 15,003.30 73.3842900 OFFICE EQUIP OPS & MAINT 1,000.00 .00 .00 884.00 116.00 88.4042920 PC/HARD/SOFTWARE MAINT 86,650.00 5,500.00 .00 74,303.51 12,346.49 85.7543200 CONTRACTUAL SERVICES 1,000.00 .00 .00 .00 1,000.00 .0044000 BOOKS 61,500.00 5,540.35 21,261.19 36,377.01 3,861.80 93.7244010 MAGAZINES & PUBLICATIONS 9,000.00 .00 .00 450.95 8,549.05 5.0144020 AUDIO VISUAL MATERIALS 55,000.00 5,455.65 15,711.85 39,288.15 .00 100.0044040 CONTRACTUAL CATALOGING 33,000.00 .00 .00 30,107.88 2,892.12 91.2444050 LIBRARY SPECIAL CHARGES 15,000.00 .00 2,442.92 125.06 12,432.02 17.1245520 ADVERTISING 9,000.00 .00 .00 .00 9,000.00 .00 TOTAL MTRLS, SUPPLIES & SVCS 385,821.00 21,053.42 44,127.42 236,920.57 104,773.01 72.8449000 INSURANCE 73,200.00 .00 .00 36,600.00 36,600.00 50.0049040 FACILITIES MAINT SERVICE 116,600.00 .00 .00 58,300.00 58,300.00 50.0049070 BENEFITS ADMIN 11,600.00 .00 .00 5,800.00 5,800.00 50.00 TOTAL SPECIAL CHARGES 201,400.00 .00 .00 100,700.00 100,700.00 50.00 TOTAL LIBRARY 2,373,260.36 186,267.18 44,127.42 1,284,832.09 1,044,300.85 56.00Library Board of Trustees, March 3, 2021, pg. 14
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 2DATE: 02/16/21 CITY OF PALM SPRINGS EXPSTA11TIME: 09:21:30 EXPENDITURE STATUS REPORTSELECTION CRITERIA: orgn.fund=’001’ and orgn.orgn1=’50’ and orgn.orgn2=’2710’ACCOUNTING PERIOD: 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND-001 GENERAL FUND FUNCTION-50 LIBRARY DEPARTMENT-2710 LIBRARY 1ST SUBTOTAL-4900 SPECIAL CHARGES PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD TOTAL LIBRARY 2,373,260.36 186,267.18 44,127.42 1,284,832.09 1,044,300.85 56.00 TOTAL GENERAL FUND 2,373,260.36 186,267.18 44,127.42 1,284,832.09 1,044,300.85 56.00TOTAL REPORT 2,373,260.36 186,267.18 44,127.42 1,284,832.09 1,044,300.85 56.00Library Board of Trustees, March 3, 2021, pg. 15
MEMORANDUM
DATE: March 3, 2021
SUBJECT: INFORMATION REGARDING LIBRARY TRUST FUND FINANCES
TO: Library Board of Trustees
FROM: Jeannie Kays, Director of Library Services
At the February 3, 2021 meeting, the Library Board of Trustees discussed the accounts
established under the umbrella of the Library Trust Fund.
Attached, you will find detailed accountings for the following:
Library Trust Fund Cash account: 151-11010
(a)Library Trust Fund Deposit account: 151-37105
(b)Friends of the Library Revenue account: 151-34510
(c)Unrestricted Donations account: 151-37505
Any funds deposited in the three sub-accounts “a”, “b”, or “c” all reside in the Library Trust
Fund Cash account 151-11010.
Attached is also a detailed accounting of all the expenditure accounts under the Library
Trust Fund 151.
After speaking with the Finance Director, we are working to remove the Friends of the
Library transactions from the umbrella of the Library Trust Fund to prevent any confusion
or comingling of funds. Accounts 151-34510 and 151-2752-44051 should disappear from
your account listings in the next 30-60 days. There is $119.50 owed to the Friends of the
Library from December book sale transactions of $26.25, $17.00, and $76.25, which will
be subtracted from your cash account balance.
Library Board of Trustees, March 3, 2021, pg. 16
Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 1DATE: 02/24/21CITY OF PALM SPRINGSAUDIT221TIME: 08:29:29GENERAL LEDGER AUDIT TRAILACCOUNTING PERIODS: 1/21 THRU 7/21(INACTIVE ACCOUNTS INCLUDED)SELECTION CRITERIA: genledgr.fund=’151’ genledgr.account=’11010’TOTALED ON: FUND,ACCOUNT,PERIODFUND - 151 - LIBRARY ENDOWMENTACCOUNT DATE T/C REFERENCE VENDOR/PAYERDEBITCREDIT DESCRIPTIONNET11010 Cash11010 Cash.00BEGINNING BALANCE07/06/20 19-1 NEW YEAR1,930,241.18BEGINNING BALANCE12/31/20 19-1 CLOSE YR6,669.57TRANSFER 13TH PERIOD BAL 07/09/20 19-1 VENCHKS861.00 VENDOR CHECKSTOTAL PERIOD 11,936,910.75861.001,936,049.7508/24/20 24-210,000.00CASH RECEIPTS INTERFACE TOTAL PERIOD 210,000.00.0010,000.0009/17/20 19-3 VENCHKS2,000.00 VENDOR CHECKS09/30/20 19-3 467416,374.96FY21 Q1 INTEREST ALLOCS TOTAL PERIOD 316,374.962,000.0014,374.9610/01/20 19-4 VENCHKS112,606.97 VENDOR CHECKS10/15/20 19-4 VENCHKS1,000.00 VENDOR CHECKS10/31/20 19-4 472316,374.96 RVRSE FY21 Q1 INT ALLOC 10/31/20 19-4 47258,093.07CORRECT FY21 Q1 INT ALLOCTOTAL PERIOD 48,093.07 129,981.93-121,888.8611/23/20 24-5176.25CASH RECEIPTS INTERFACE 11/24/20 19-5 VENCHKS21,939.25 VENDOR CHECKSTOTAL PERIOD 5176.2521,939.25-21,763.0012/01/20 24-626.25CASH RECEIPTS INTERFACE 12/02/20 24-617.00CASH RECEIPTS INTERFACE 12/09/20 24-676.25CASH RECEIPTS INTERFACE 12/09/20 24-616.50CASH RECEIPTS INTERFACE 12/22/20 24-6125.00CASH RECEIPTS INTERFACE 12/23/20 19-6 VENCHKS176.25 VENDOR CHECKS12/31/20 24-61,000.00CASH RECEIPTS INTERFACE TOTAL PERIOD 61,261.00176.251,084.7501/01/21 19-7 50463,076.39FY21 Q2 INTEREST ALLOCS TOTAL PERIOD 73,076.39.003,076.39TOTAL Cash1,820,933.99TOTAL LIBRARY ENDOWMENT1,820,933.99.00* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION*Owe Friends $119.50 for Decemberbook sales. Transfer pending.Library Board of Trustees, March 3, 2021, pg. 17Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 2DATE: 02/24/21CITY OF PALM SPRINGSAUDIT221TIME: 08:29:29GENERAL LEDGER AUDIT TRAILACCOUNTING PERIODS: 1/21 THRU 7/21(INACTIVE ACCOUNTS INCLUDED)SELECTION CRITERIA: genledgr.fund=’151’ genledgr.account=’11010’TOTALED ON: FUND,ACCOUNT,PERIODFUND - 151 - LIBRARY ENDOWMENTACCOUNT DATE T/C REFERENCE VENDOR/PAYERDEBITCREDIT DESCRIPTIONNET11010 CashTOTAL REPORT1,820,933.99.00* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 18Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 1DATE: 02/24/21CITY OF PALM SPRINGSAUDIT41TIME: 08:59:21REVENUE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ and revledgr.account=’37105’ACCOUNTING PERIODS: 1/21 THRU 7/21(INACTIVE ACCOUNTS INCLUDED)SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNT,ACCOUNT,PERIODTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,ACCOUNT,PERIODPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTCUMULATIVEACCOUNT DATE T/C RECEIVE REFERENCE PAYER/VENDOR BUDGETRECEIPTS RECEIVABLES DESCRIPTIONBALANCE37105 CONTRIB NON-GOVT SOURCES 151-2 - LIBRARY ENDOWMENT37105 CONTRIB NON-GOVT SOURCES.00.00.00 BEGINNING BALANCE07/06/20 12-1.00POSTED FROM BUDGET SYSTEMTOTAL PERIOD 1.00.00.00.0008/24/20 19-24437-10,000.00LIBR FNDN NOTES REC PYMNT08/24/20 24-210,000.00.00 CASH RECEIPTS INTERFACE TOTAL PERIOD 2.00.00.00.0012/22/20 24-6125.00.00 CASH RECEIPTS INTERFACE 12/31/20 24-61,000.00.00 CASH RECEIPTS INTERFACE TOTAL PERIOD 6.001,125.00.00-1,125.00TOTAL CONTRIB NON-GOVT SOURCES.001,125.00.00-1,125.00TOTAL 1ST SUBTOTAL - MISC.001,125.00.00-1,125.00TOTAL DEPARTMENT -.001,125.00.00-1,125.00TOTAL FUNCTION - SPECIAL REVENUE FUNDS.001,125.00.00-1,125.00TOTAL FUND - LIBRARY ENDOWMENT.001,125.00.00-1,125.00TOTAL REPORT.001,125.00.00-1,125.00* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION*Donations: $100 and $25*Donation: $1,000*Library Foundation Loan paymentLibrary Board of Trustees, March 3, 2021, pg. 19Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 1DATE: 02/24/21CITY OF PALM SPRINGSAUDIT41TIME: 08:45:59REVENUE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ and revledgr.account=’34510’ACCOUNTING PERIODS: 1/21 THRU 7/21(INACTIVE ACCOUNTS INCLUDED)SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNT,ACCOUNT,PERIODTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,ACCOUNT,PERIODPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTCUMULATIVEACCOUNT DATE T/C RECEIVE REFERENCE PAYER/VENDOR BUDGETRECEIPTS RECEIVABLES DESCRIPTION BALANCE34510 FRIENDS OF THE LIBRARY 151-2 - LIBRARY ENDOWMENT34510 FRIENDS OF THE LIBRARY.00.00.00 BEGINNING BALANCE07/06/20 12-1.00POSTED FROM BUDGET SYSTEMTOTAL PERIOD 1.00.00.00.0011/23/20 24-5176.25.00 CASH RECEIPTS INTERFACE TOTAL PERIOD 5.00176.25.00 -176.2512/01/20 24-626.25.00 CASH RECEIPTS INTERFACE 12/02/20 24-617.00.00 CASH RECEIPTS INTERFACE 12/09/20 24-676.25.00 CASH RECEIPTS INTERFACE 12/16/20 14-6176.25BA121607BTOTAL PERIOD 6176.25119.50.00-119.50TOTAL FRIENDS OF THE LIBRARY176.25295.75.00-119.50TOTAL 1ST SUBTOTAL - CHARGES FOR SERVICES176.25295.75.00-119.50TOTAL DEPARTMENT -176.25295.75.00-119.50TOTAL FUNCTION - SPECIAL REVENUE FUNDS176.25295.75.00-119.50TOTAL FUND - LIBRARY ENDOWMENT176.25295.75.00-119.50TOTAL REPORT176.25295.75.00-119.50* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 20Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 1DATE: 02/24/21CITY OF PALM SPRINGSAUDIT41TIME: 08:59:45REVENUE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ and revledgr.account=’37505’ACCOUNTING PERIODS: 1/21 THRU 7/21(INACTIVE ACCOUNTS INCLUDED)SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNT,ACCOUNT,PERIODTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,ACCOUNT,PERIODPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTCUMULATIVEACCOUNT DATE T/C RECEIVE REFERENCE PAYER/VENDOR BUDGETRECEIPTSRECEIVABLES DESCRIPTION BALANCE37505 UNRESTRICTED DONATIONS 151-2 - LIBRARY ENDOWMENT37505 UNRESTRICTED DONATIONS.00.00.00 BEGINNING BALANCE07/06/20 12-1.00POSTED FROM BUDGET SYSTEMTOTAL PERIOD 1.00.00.00.0012/09/20 24-616.50.00 CASH RECEIPTS INTERFACE TOTAL PERIOD 6.0016.50.00 -16.50TOTAL UNRESTRICTED DONATIONS.0016.50.00 -16.50TOTAL 1ST SUBTOTAL - DONATIONS.0016.50.00-16.50TOTAL DEPARTMENT -.0016.50.00-16.50TOTAL FUNCTION - SPECIAL REVENUE FUNDS.0016.50.00-16.50TOTAL FUND - LIBRARY ENDOWMENT.0016.50.00-16.50TOTAL REPORT.0016.50.00-16.50* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION*Cash donationLibrary Board of Trustees, March 3, 2021, pg. 21Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 1DATE: 02/24/21CITY OF PALM SPRINGSAUDIT21TIME: 09:00:56EXPENDITURE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ expledgr.key_orgn=’2752’ACCOUNTING PERIODS: 1/21 THRU 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND - 151 - LIBRARY ENDOWMENTDEPARTMENT - 2752 - LIBRARY TRUSTACCOUNTCUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDORBUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE42195 SPECIAL DEPT SUPPLIES 151-50-2752-2752 - LIBRARY TRUST42195 SPECIAL DEPT SUPPLIES.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-152.81CARRYOVER 19-20 TO 20-21 07/27/20 13-152.81CARRYOVER 19-20 TO 20-21 07/27/20 13-1-52.81CORRECT CO 19-20 TO 20-21TOTAL SPECIAL DEPT SUPPLIES52.81.00.00 52.8142530 DUES & SUBSCRIPTIONS.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-13,750.00CARRYOVER 19-20 TO 20-21 07/27/20 13-13,750.00CARRYOVER 19-20 TO 20-21 07/27/20 13-1-3,750.00CORRECT CO 19-20 TO 20-21TOTAL DUES & SUBSCRIPTIONS3,750.00.00.00 3,750.0043220 CONTRACTUAL LEGAL SERVICE.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL CONTRACTUAL LEGAL SERVICE.00.00.00 .0043880 SPECIAL PROGRAMS.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL SPECIAL PROGRAMS.00.00.00 .0044051 FRIENDS OF THE LIBRARY.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-1300.00CARRYOVER 19-20 TO 20-21 07/27/20 13-1300.00CARRYOVER 19-20 TO 20-21 07/27/20 13-1-200.00CARRYOVER 19-20 TO 20-21 07/27/20 13-1-300.00CORRECT CO 19-20 TO 20-21 12/16/20 13-6176.25BA121607B 12/23/20 21-61116699 24212 FRIENDS OF THE P176.25.00 DAILY BOOK SALESTOTAL FRIENDS OF THE LIBRARY276.25176.25.00100.00* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 22Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 2DATE: 02/24/21CITY OF PALM SPRINGSAUDIT21TIME: 09:00:56EXPENDITURE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ expledgr.key_orgn=’2752’ACCOUNTING PERIODS: 1/21 THRU 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND - 151 - LIBRARY ENDOWMENTDEPARTMENT - 2752 - LIBRARY TRUSTACCOUNTCUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDORBUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE44051 FRIENDS OF THE LIBRARY TOTAL 1ST SUBTOTAL - MTRLS, SUPPLIES & SVCS4,079.06176.25.003,902.8150004 FUTURE LIBRARY PROJECTS.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-11,545,441.27CARRYOVER 19-20 TO 20-21 07/27/20 13-11,545,441.27CARRYOVER 19-20 TO 20-21 07/27/20 13-1-1,545,441.27CORRECT CO 19-20 TO 20-21 07/27/20 13-120,454.32CARRYOVER 19-20 TO 20-21 11/24/20 25-5111003B-30,000.00PURCHASE BOOKSTOTAL FUTURE LIBRARY PROJECTS1,535,895.59.00.001,535,895.5951022 LIBRARY SORTING EQUIP.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL LIBRARY SORTING EQUIP.00.00.00 .0051023 MAIN LIBRARY RENOVATION.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL MAIN LIBRARY RENOVATION.00.00.00 .0051024 WELWOOD INTERIOR DESIGN.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL WELWOOD INTERIOR DESIGN.00.00.00 .0051025 SUN SHADE.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL SUN SHADE.00.00.00 .0051026 TRUST FUND BOOKS.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-113,282.22CARRYOVER 19-20 TO 20-21 07/27/20 13-113,282.22CARRYOVER 19-20 TO 20-21 07/27/20 13-1-13,282.22CORRECT CO 19-20 TO 20-21 11/24/20 25-5BA1110025,000.00BOOK PURCHASE 11/24/20 25-5111003B30,000.00PURCHASE BOOKS* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 23Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 3DATE: 02/24/21CITY OF PALM SPRINGSAUDIT21TIME: 09:00:56EXPENDITURE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ expledgr.key_orgn=’2752’ACCOUNTING PERIODS: 1/21 THRU 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND - 151 - LIBRARY ENDOWMENTDEPARTMENT - 2752 - LIBRARY TRUSTACCOUNTCUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDORBUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE51026 TRUST FUND BOOKS(cont’d) 01/21/21 18-7 00210054-01P1512 OVERDRIVE INC10,000.00 FY 20/21 01/21/21 18-7 00210055-01P3284 MIDWEST TAPE INC20,000.00 FY 20/21 01/25/21 18-7 00210057-0104465 BRODART CO5,000.00 FY 20/21TOTAL TRUST FUND BOOKS48,282.22.0035,000.0013,282.2251028 WELWOOD PROJECT.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL WELWOOD PROJECT.00.00.00 .0051029 ACCESSING THE PAST.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL ACCESSING THE PAST.00.00.00 .0051030 WELWOOD EVENTS.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL WELWOOD EVENTS.00.00.00 .0051031 KROPITZER TRUST DONATION.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-1216,665.74CARRYOVER 19-20 TO 20-21 07/27/20 13-1216,665.74CARRYOVER 19-20 TO 20-21 07/27/20 13-1-216,665.74CORRECT CO 19-20 TO 20-21 11/24/20 25-5BA111002-5,000.00BOOK PURCHASETOTAL KROPITZER TRUST DONATION211,665.74.00.00211,665.7451033 LED SIGN.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL LED SIGN.00.00.00 .0051035 TRUST FUND FURNITURE.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL TRUST FUND FURNITURE.00.00.00 .00* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 24Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 4DATE: 02/24/21CITY OF PALM SPRINGSAUDIT21TIME: 09:00:56EXPENDITURE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ expledgr.key_orgn=’2752’ACCOUNTING PERIODS: 1/21 THRU 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND - 151 - LIBRARY ENDOWMENTDEPARTMENT - 2752 - LIBRARY TRUSTACCOUNTCUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDORBUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE51036 WELWOOD PATIO(cont’d)51036 WELWOOD PATIO.00.00.00 BEGINNING BALANCE 07/01/20 13-1147,308.36PRIOR YR ENCUM-Y0201124 07/01/20 17-1 00160923-01P01176 DAVID VOLZ DESIG.00 ENC CARRY FRWRD-Y0160923 07/01/20 17-1 00201124-01P05351 LEONIDA BUILDERS147,308.36 ENC CARRY FRWRD-Y0201124 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 10/01/20 21-4 00201124-01 1115438 P05351 LEONIDA BUILDERS112,606.97 -112,606.97 CP16-02 JUL-AUG2020 11/05/20 18-5 00201124-01P05351 LEONIDA BUILDERS-34,701.39 WELWOOD LIBARY CP 16-02 11/05/20 18-5 00201124-01P05351 LEONIDA BUILDERS34,701.39 WELWOOD LIBARY CP 16-02 11/25/20 21-5 00201124-01 1116304 P05351 LEONIDA BUILDERS21,939.25 -21,939.25 CP16-02 SEP-OCT2020 12/15/20 18-6 00160923-01P01176 DAVID VOLZ DESIG.00 LIBRARY LANDSCAPING 12/15/20 18-6 00160923-01P01176 DAVID VOLZ DESIG.00 LIBRARY LANDSCAPING 12/23/20 21-6 00160923-01 421960 P01176 DAVID VOLZ DESIG.00.00 LIBRARY LANDSCAPINGTOTAL WELWOOD PATIO147,308.36 134,546.2212,762.14.0051037 LIBRARY FOUNDATION.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEMTOTAL LIBRARY FOUNDATION.00.00.00 .0051039 STRATEGIC PLANNING.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-120,254.32CARRYOVER 19-20 TO 20-21 07/27/20 13-120,254.32CARRYOVER 19-20 TO 20-21 07/27/20 13-1-20,254.32CORRECT CO 19-20 TO 20-21 07/27/20 13-1-20,254.32CARRYOVER 19-20 TO 20-21 TOTAL STRATEGIC PLANNING.00.00.00 .0051040 PR LIBRARY CAMPAIGN.00.00.00 BEGINNING BALANCE 07/06/20 11-1.00POSTED FROM BUDGET SYSTEM 07/23/20 13-18,263.46CARRYOVER 19-20 TO 20-21 07/27/20 13-1-8,263.46CORRECT CO 19-20 TO 20-21 07/27/20 13-18,263.46CARRYOVER 19-20 TO 20-21 07/27/20 17-1 00210328-01P05423 GULF CALIFORNIA3,000.00 ADVERTISING 09/17/20 21-3 00210328-01 1115212 P05423 GULF CALIFORNIA1,000.00-1,000.00 ADVERTISING JUL2020 09/17/20 21-3 00210328-01 1115212 P05423 GULF CALIFORNIA1,000.00-1,000.00 ADVERTISING AUG2020 10/15/20 21-4 00210328-01 1115646 P05423 GULF CALIFORNIA1,000.00-1,000.00 ADVERTISING SEP2020TOTAL PR LIBRARY CAMPAIGN8,263.463,000.00.005,263.46* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 25Item 8A
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGERPAGE NUMBER: 5DATE: 02/24/21CITY OF PALM SPRINGSAUDIT21TIME: 09:00:56EXPENDITURE AUDIT TRAILSELECTION CRITERIA: orgn.fund=’151’ expledgr.key_orgn=’2752’ACCOUNTING PERIODS: 1/21 THRU 7/21SORTED BY: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTAL,2ND SUBTOTAL,ACCOUNTTOTALED ON: FUND,FUNCTION,DEPARTMENT,1ST SUBTOTALPAGE BREAKS ON: FUND,FUNCTION,DEPARTMENTFUND - 151 - LIBRARY ENDOWMENTDEPARTMENT - 2752 - LIBRARY TRUSTACCOUNTCUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDORBUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE51040 PR LIBRARY CAMPAIGNTOTAL 1ST SUBTOTAL - CAPITAL1,951,415.37 137,546.2247,762.141,766,107.01TOTAL DEPARTMENT - LIBRARY TRUST1,955,494.43 137,722.4747,762.141,770,009.82TOTAL FUNCTION - LIBRARY1,955,494.43 137,722.4747,762.141,770,009.82TOTAL FUND - LIBRARY ENDOWMENT1,955,494.43 137,722.4747,762.141,770,009.82TOTAL REPORT1,955,494.43 137,722.4747,762.141,770,009.82* THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTIONLibrary Board of Trustees, March 3, 2021, pg. 26Item 8A
MEMORANDUM
DATE: March 3, 2021
SUBJECT: REQUEST FOR $5,000 KROPTIZER TRUST DONATION
TO: Library Board of Trustees
FROM: Jeannie Kays, Director of Library Services
At the February 3, 2021 meeting, the Library Board of Trustees requested that this item
be added to the March 3, 2021 agenda. Palm Springs Public Library is requesting an
additional $5,000 from the Kropitzer Trust to be spent on nonfiction books.
To date, $45,000 has been allocated for the purchase of nonfiction books in English, per
the donor’s request. The current balance is $211,665.74.
51026 KROPITZER TRUST DONATION -$
DATE VENDOR DEPOSIT AMOUNT SPENT BALANCE
4/30/2015 DONATION 200,000.00$ 200,000.00$
5/14/2015 DONATION 26,665.66$ 226,665.66$
6/1/2015 DONATION 0.08$ 226,665.74$
11/16/2015 DONATION 30,000.00$ 256,665.74$
8/31/2016 TRANSFER TO TRUST FUND BOOKS 10,000.00$ 246,665.74$
8/10/2017 TRANSFER TO TRUST FUND BOOKS 10,000.00$ 236,665.74$
9/20/2018 TRANSFER TO TRUST FUND BOOKS 10,000.00$ 226,665.74$
10/16/2019 TRANSFER TO TRUST FUND BOOKS 10,000.00$ 216,665.74$
11/24/2020 TRANSFER TO TRUST FUND BOOKS 5,000.00$ 211,665.74$
211,665.74$
Library Board of Trustees, March 3, 2021, pg. 27
Item 8B
MEMORANDUM
DATE: March 3, 2021
SUBJECT: COMMITTEE STRUCTURE: STANDING AND AD HOC COMMITTEES
TO: Library Board of Trustees
FROM: Jeannie Kays, Director of Library Services
At the February 3, 2021 meeting, the Library Board of Trustees requested that this item
be added to the March 3, 2021 agenda. Per the existing Bylaws, revised June 28, 2018,
the Advocacy, Budget, Buildings, and Policies committees are listed as Standing
Committees.
The Trustees may continue to have these committees as Standing Committees and the
meetings would be public meetings, subject to the rules of the Brown Act. They would
need to have agendas posted, minutes taken, and be open to anyone to attend.
The Trustees may revise their Bylaws to change these committees to Ad Hoc committees,
if they feel that the committees and meetings do not meet the definition of a Standing
Committee in the Brown Act.
Attached are the Library Board of Trustees Bylaws and the Ralph M. Brown Act.
Library Board of Trustees, March 3, 2021, pg. 28
Item 8C
1 | Page
BYLAWS
BOARD OF LIBRARY TRUSTEES
OF THE
PALM SPRINGS PUBLIC LIBRARY SYSTEM
Article I
IDENTIFICATION & AUTHORITY
Section I. Name
The name of this board shall be the Board of Library Trustees of the City of Palm
Springs Public Library System, located in Palm Springs, California ("City"), and is a
Charter Board as provided for by the City of Palm Springs Charter ("Charter") §609 and
the Palm Springs Municipal Code ("PSMC") §2.32.010 et seq.
Section II. Authority
As a Charter Board, the Board of Library Trustees ("Board") shall have the powers,
duties and authorities, now or hereafter from time to time provided for, and shall be
administered pursuant to, the provisions of the general laws of the State of California
governing Municipal Libraries (as set forth in California Education Code §18900-18965),
unless otherwise provided for by the Charter.
Article II
TRUSTEES
Section I. Appointment
The Board of Library Trustees shall consist of five (5) members, and shall be appointed
by and with the consent of the Palm Springs City Council in accordance with California
Education Code §18910 and PSMC §2.32.030.
Section II. Eligibility
All Trustees must be residents and registered voters of the City of Palm Springs at the
time of, and during their term of service, and may not hold any other city office or
employment.
Section III. Terms of Office
Appointments, terms and vacancies shall comply with PSMC §2.06.Trustees shall hold
office for a term of three years, and may be re-appointed for one (1) additional
consecutive term. Trustees appointed to fill out the unexpired term of another member
are eligible for additional reappointments, provided that the total number of consecutive
years on the Board shall not exceed seven (7) years.
Library Board of Trustees, March 3, 2021, pg. 29
Item 8C
2
Article III
OFFICERS
Section I. Officers
The officers shall be the President, President Pro Tem and Treasurer, elected from
among the appointed Trustees at the Annual Meeting of the Board. No member shall
hold more than one office at a time. Vacancies of an office shall be filled by vote at the
next regular meeting of the Board after said vacancy occurs.
Section II. Nominations
The Nominating Committee shall be appointed by the President one month prior to the
Annual Meeting of the Board. The Nominating Committee shall present a slate of
officers at the Annual Meeting of the Board. Additional nominations may be made from
the floor at that time.
Article IV
RESPONSIBILITIES
Section I. President
The President shall preside at meetings of the Board, authorize calls for special
meetings, appoint all committees and liaisons through a resolution at the annual
meeting in accordance with the Charter and the bylaws, execute all documents
authorized by the Board, serve as an ex-officio voting member of all committees, except
the Nominating Committee. The President shall co-sign all contracts or agreements
authorizing the use of funds held by the Palm Springs Public Library Trust Fund
("Library Trust Fund"), and generally perform all duties associated with the office of
President.
Section II. President Pro Tem
The President Pro Tem, in the event of absence of the President, or of a vacancy in that
office, shall assume and perform the duties and functions of the President.
Section III. Treasurer
In the absence of the President, the Treasurer shall co-sign all contracts or agreements
authorizing the use of funds held by the Library Trust Fund, and perform such duties as
are generally associated with the office of Treasurer. The Treasurer shall make monthly
reports to the Board showing in detail the amount and investment of, and income and
disbursements from, the funds in his or her charge. The Treasurer shall serve as the
chair of the budget committee.
Section IV. Secretary
The Director of Library Services for Palm Springs shall serve as the city librarian in
accordance with Charter §609. The Director of Library Services shall act as the
Library Board of Trustees, March 3, 2021, pg. 30
3
recording secretary to the Board and shall perform all other duties of the office of
Secretary. The Director of Library Services shall keep a true and accurate record of all
meetings of the Board, issue notice of all regular and special meetings, and perform
such other duties as are generally associated with the office of Secretary.
The Director of Library Services shall also be considered the executive officer of the
library and subject to the policies established by the Board. The Director shall act as
technical advisor to the Board, and attend all Board meetings (but may be excused from
closed sessions) and shall have no vote. The City sets forth additional duties for the
Director of Library Services in accordance with Charter §609.
The Board, shall advise the City Manager with respect to the selection and appointment
of a properly certified and competent Director of Library Services.
Section V. Attendance
The Trustees are expected to attend all scheduled meetings. Prior notification of
absence should be made to the President or the Director of Library Services. In event
of an absence, after having received a meeting packet and minutes from the missed
meeting, it is the Trustee’s responsibility to have questions answered and/or obtain
needed information from the President. Three consecutive absences will be considered
an automatic resignation. Any Board removals or vacancies will be handled in
accordance with Charter §605.
In the event a Trustee finds that he or she is unable to continue serving actively, he or
she shallsubmit a letter to request a leave of absence for a specified amount of time
sent to the President or the Director of Library Services. The request will be voted on by
the Board and the Trustee will be notified. If a Trustee finds that he or she is unable to
continue serving actively, he or she shall submit a letter of resignation to the City
Council, along with a copy to the President, for appropriate action by the City Council.
Article V
MEETINGS AND MINUTES
Section I. Agendas and Notices
Meeting agendas and notices shall be delivered or mailed to the Board no less than
seventy-two (72) hours before a regular meeting, delivered to the City Clerk and City
Manager, and posted in a spot freely accessible to the public in accordance with the
Brown Act. Said notice shall indicate time, date and place of the meeting, and all
subject matters intended for consideration and discussion at the meeting.
The order of business shall be as outlined in the Agenda as prepared by the Director of
Library Services. Items may not be taken out of order except with majority consent of
the Board. No action shall be taken on any item not appearing on the posted agenda
except as provided for in accordance with California Government Code §54954.
Library Board of Trustees, March 3, 2021, pg. 31
4
Section II. Regular Meetings
Regular meetings shall be held each month as required by the California Education
Code §18914, the date and hour to be set by the Board at its annual meeting. The
Board may cancel any Regular Meeting by a motion that is approved by a majority of its
members, in accordance with Article V, Section V of the bylaws, and entered in the
Minutes of the Board.
Section III. Annual Meeting
An Annual Meeting of the Board, which shall be for the purpose of the election of
officers, shall be held on and at the time of the Regular Meeting in September of each
year, unless otherwise specified.
Section IV. Special Meetings
Special meetings may be called at the direction of the President, or majority of the
Board, as set forth in accordance with California Government Code §54956 for
transaction of business as stated in the call for the meeting. Only matters contained in
the notice may be considered at said Special Meeting. Except in cases of emergency,
at least twenty-four (24) hours’ notice shall be given.
Section V. Quorum
A quorum for the transaction of business at any meeting shall consist of three (3)
members of the Board present in person. To ensure a majority endorses an action, the
number of affirmative votes needed to pass a motion is the same number that
constitutes a quorum. If there is no affirmative vote on an action by quorum, the item is
considered tabled for discussion and action until the next regular, or special, meeting of
the Board.
Section VI. Open Meetings Law Compliance
In accordance with California Education Code §18915, meetings of the Board are
governed by the Ralph M. Brown Act as stated in California Government Code §54950
et seq.
Section VII. Parliamentary Authority
The rules contained in Rosenberg’s Rules of Order, latest revised edition, shall govern
the parliamentary procedure of all meetings. However, failure to follow the Rules of
Order shall not invalidate any action taken by the Board.
Section VIII. Action
An affirmative vote of the majority of all members of the Board present at the time shall
be necessary to approve any action before the Board. The President may vote upon
and may move or second a proposal before the Board.
Section IX. Minutes
Minutes of all meetings must be kept by the Secretary as the official record of the
activities of the Board. Additions and corrections may be made only in Regular
Meetings, with the approval of the Board. Minutes shall be bound annually and kept on
Library Board of Trustees, March 3, 2021, pg. 32
5
file at the Palm Springs Public Library. A set of minutes shall also be sent to the Palm
Springs City Clerk, City Manager, and/or any Library Liaisons from the City Council.
Article VI
COMMITTEES & LIAISONS
Section I. Standing Committees
Standing Committees will be appointed by the President. Standing Committees may
consist of Advocacy, Budget, Buildings, and Policies committees.
Section II. Nominating Committee
A Nominating Committee shall be appointed in accordance with Article III, Section II of
the Bylaws. The Nominating Committee shall be responsible for drafting a slate of
candidates for the officers of the board for the Annual Meeting of the Board.
Section III. Ad Hoc Committees
Ad hoc committees for the study of special problems or projects shall be appointed by
the President, with approval of the Board, to serve until completion or a final report of
the work has been filed. These committees may also include City Staff, members of the
general public, as well as outside experts.
Section IV. Authority
Except for the Nominating Committee, no other committee shall have powers other than
advisory powers.
Section V. Liaisons
The President shall, as desired by the Board, appoint a Liaison to the Friends of the
Palm Springs Public Library and to the Palm Springs Public Library Foundation, as well
as any other organizations associated with or supportive of the Palm Springs Public
Library.
Article VII
DUTIES
Section I. Rules, Regulations and Bylaws
The Board may make and enforce all rules, regulations, and bylaws necessary for the
administration, government, and protection of the City of Palm Springs Public Library
System, and all property belonging thereto.
Library Board of Trustees, March 3, 2021, pg. 33
6
Section II. Budget
The Board may review and make recommendations for the operating budget of the
library, prior to its approval by City Council, insuring that adequate funds are provided to
finance the approved budget.
Section III. Trust Fund
The Board shall administer any trust declared or created for the library, and received by
gift, devise, or bequest, and hold in trust, property situated in California or elsewhere,
and where not otherwise provided, dispose of the property for the benefit of the library.
The Board shall utilize a uniform procurement procedure for the use of Library Trust
Fund related to the awarding of contracts or purchase orders, in accordance with the
procurement and contracting procedures set forth in PSMC Chapter 7.01 et seq.
Section IV. Purchase of Materials and Property
The Board may purchase necessary books, journals, publications, and other library
materials. In addition, the Board may purchase real property, and erect or rent and
equip, such buildings as may be necessary.
Section V. Buildings
The Board shall advise the City Council on the maintenance of all library buildings and
grounds, as well as regularly review various physical and building needs in order to
ensure that they meet the requirements of the library program.
Section VI. Legislation
The Board shall study and support legislation that will bring about the greatest good to
the greatest number of library users.
Section VII. Incidental Powers
The Board may do and perform any and all other acts and things necessary or proper to
provide library services to the City of Palm Springs, California.
Section VIII. Annual Report
There shall be an annual report to the City Council and to the California State Librarian
on the condition of the library, for the year ending the 30th day of June preceding. The
reports shall, in addition to other matters deemed expedient by the Board or Director of
Library Services, contain such statistical and other information as is deemed desirable
by either the City Council and/or the California State Librarian.
Library Board of Trustees, March 3, 2021, pg. 34
7
Ar ticle VIII
CONFLICT OF INTEREST
Section I. Political Reform Act
All Board members must abide by the rules and regulations of the California Political
Reform Act as set forth in California Government Code §87100 et seq.
Section II. Statement of Economic Interests
All Board members must submit a California Fair Political Practices Commission Form
700 Statement of Economic Interests, as may be required from time to time to comply
with applicable law.
Article IX
GENERAL
Section I. Amendments
Amendments to these Bylaws may be proposed at any Regular Meeting of the Board by
majority vote of all members of the Board, provided written notice of the proposed
amendment shall have been mailed in the board packet to all members prior to the
meeting at which such action is proposed to be taken. In the event any word, phrase,
clause or sentence of these rules shall be deemed invalid for any reason, the balance
hereof shall nevertheless be applicable until duly modified or repealed.
# # #
Adopted by The Board of Library Trustees of the Palm Springs Public Library System on the 24th day of
June, 2011.
Amended and Adopted by The Board of Library Trustees of the Palm Springs Public Library System on
25th day of September, 2014.
Amended and Adopted by The Board of Library Trustees of the Palm Springs Public Library System on
22nd day of October, 2015.
Amended and Adopted by The Board of Library Trustees of the Palm Springs Public Library System on
28 day of June, 2018.
Library Board of Trustees, March 3, 2021, pg. 35
Palm Springs Library
Board of Trustees
Memo
To: Jeannie Kays, Director, Palm Springs Library
From: David Kelly, Treasurer, Palm Springs Library Board of Trustees
cc:
Date: January 25, 2021
Re: Library Trust Fund/Endowment
The purpose of this memo is to provide some background on the duties and responsibilities
concerning the Library Trust Fund/Endowment. At the end of the memo are items for further
discussion.
Legislative History
According to At Sunrise: The History of the Palm Springs Library by Henry Weiss (1999),
the Alleine’s Library of Palm Springs (a/k/a Palm Springs Public Library) opened In late 1925. A
fund was established in 1924 for the new library from the donation of $200 by Martha Hitchcock.
Palm Springs was incorporated in 1938. On July 5, 1939, the Palm Springs City Council
adopted Ordinance Number 60 which established the Library under the California Education
Code. The Board of Library Trustees first met under the ordinance on November 9, 1939.
Resolution 219 (1939) established the post-incorporation Library Board of Trustees (November
4, 2020 memo to the Trustees from Jeannie Kay, Library Director, Library Trustees Meeting
Agenda, dated November 4, 2020, p. 23). According to At Sunrise, the Trustees immediately
set upon fundraising for the building of the Welwood Murray Memorial Library.
In a memo from Library Director Jeannie Kays to the Trustees dated October 7, 2020 (see
Library Trustees Meeting Agenda dated October 7, 2020, pp. 32-47; a request for resolutions
concerning the Library Trust Fund), the affirmation of the Library Trust Fund and the roles of the
Trustees, Librarian and City Manager are found primarily in two resolutions: 11431 dated May 7,
1975 and 17288 dated October 3, 1990.
ITEM 8D
Library Board of Trustees, March 3, 2021, pg. 36
2
Resolution 11431 (1975) establishes a special fund to be known as the “Library Trust Fund.”
Resolution 17288 (1990) states in its third paragraph “Whereas the City’s Board of Library
Trustees has requested that the public library be re-established as a full municipal department”
and in the next paragraph “to be managed by the Library Board via the City Librarian.”
According to At Sunrise (p. 100), the Library had been an autonomous department until the mid
1970’s “and the magnitude of its budget, staffing facilities, and level of public services warranted
full department representation.”
Section 1 of Resolution 17288 states the City Council shall retain the following authority over the
Library:
A)Library Trustees shall be appointed by the Mayor with the consent of the City Council
B)The City Council shall annually review, amend as necessary, and adopt the library’s
operational budget
C)The City Council shall establish the number of and compensation ranges for library paid
employees
D)The City Council shall act upon library legislative items (Resolutions, appointments, budget
amendments, etc., as required
Section 2 of Resolution 17288 states the City’s Board of Library Trustees shall retain the
following authority over the Library:
A)The Library Board shall manage and control the Library Trust Fund
B)The Library Board shall establish and amend library policies and procedures as required
C)The Library Board shall establish, amend, and periodically review all library fines, fees and
charges and ensure such charges are incorporated into the City’s Master Fee Schedule
D)The Library Board shall manage the approval of all library purchases from the Library Fund
(subsequent to Council’s approval of the literary budget) and the Library Trust Fund
E)The Library Board shall develop and amend long and short-range library plans
F)The Library Board shall manage all library facilities
G)The Library Board shall consult with the City Manager with regard to evaluation and
appointments of City Librarians.
Section 3 of Resolution 17288 states the City Manager shall retain the following authority over
the Library:
A)The City Manager shall appoint and evaluate the City Librarian in consultation with the
Library Board
B)The City Manager shall recommend appropriate amendments to the annual Library Fund
operational budget prior to its submission to the City Council
C)The City Manager shall apply the provisions of the City’s current Personnel Rules to library
paid employees
D)The City Manager shall assign departmental duties to the City Librarian as required (subject
to the consent of the Library Board)
E)The City Manager shall communicate directions from the City Council to the City Librarian as
necessary
Library Board of Trustees, March 3, 2021, pg. 37
3
Marcus Fuller, Assistant City Manager in a memo to Ed McBride, Trustees President dated
June 8, 2020 references Resolution 17288 as establishing the relationship between the City and
the Board of Trustees. He noted that Section 2A of the Resolution gives the Trustees control of
the Library Trust Fund which is accounted by the City as a Special Revenue Fund (Fund 151).
He wrote, “In compliance with Resolution 17288 – the City only approves expenditures from this
fund with express approval of the Board of Trustees.” (see Library Trustees Meeting Agenda
dated July 1, 2020, pp. 17-30.
Fiscal Management
A memo from Trustee Treasurer David Kelly to Jeannie Kays, Library Director dated October
29, 2019 (presented in the Trustees November 21, 2019 meeting packet) reported a meeting
among Kelly, Kays and David Lacy, Assistant City Finance Director. Mr. Lacy reported the City
manages over $200 million in cash and investments, of which the Library Trust Fund is pooled
into. An independent investment advisor specializing in the needs of municipalities is
responsible for safeguarding the public’s funds while minimizing market risk and maximizing
both liquidity and yield. Mr. Lacy reported the City earned $1.1 million in interest at a rate of
1.8% for the fiscal year ending 6/30/2019 and the Library received a proportional credit.
Further Information Requests
•Request the City Treasurer provide the interest rate for fiscal year ending 6/30//20.
Discussion Points
1.The Library Trust Fund should have its own charter with a statement of purpose, objectives,
and investment guidelines. The charter should state the type of Library projects it will
consider funding, and which need special approval, if any.
2.An independent investment advisor will want to review the charter to establish its role and
responsibilities in administering the Library Trust Fund.
3.If the Trustees assign the investment advisor role to the Trustee Treasurer, would it be
appropriate for the Board of Trustees to obtain Directors and Officers insurance to protect
against potential liabilities?
4.Will we need to engage independent legal counsel to make changes in the management of
the Library Trust Fund? What may be required of the City Clerk or City Attorney to make
changes to management of the Library Trust Fund?
Library Board of Trustees, March 3, 2021, pg. 38
City Council Staff Re{)orl
DATE: February 25, 2021 CONSENT CALENDAR
SUBJECT: TREASURER'S INVESTMENT REPORT AS OF DECEMBER 31,
2020
FROM:
BY:
Nancy Pauley, Director of Finance and Treasurer
Department of Finance and Treasury
SUMMARY
Attached is the Treasurer's Investment Report as of December 30, 2020. The
report includes the face value and coupon rate (if applicable) of the investments
and the source for the market value estimate. The City's total invested cash and
marketable securities is $236,074,537. There is an additional $23,971,335 held by
a fiscal agent for bond issue reserves, debt service, and related funds, and
$762,806 in other miscellaneous accounts.
RECOMMENDATION:
Receive and File Treasurer's Investment Report as of December 31, 2020.
STAFF ANALYSIS:
The attached report includes the face value and coupon rate (if applicable) of the
investments and the source for the market value estimate. Also included is
information on the investments of bond issue reserve, debt service and related
funds.
The investments, in type, maturity and as a percentage of the total portfolio, are in
compliance with the existing City Council approved investment policy.
ITEMNO. J.,b.
Library Board of Trustees, March 3, 2021, pg. 39
Additional Information: FYI
2City Council Staff Report February 25, 2021 -Page 2 Treasurer's Investment Report as of December 31, 2020 The weighted average maturity 0/'IAM) of the portfolio is 262 days. The maximum WAM allowed by the Investment Policy is 1,095 days. The current portfolio and expected revenue cash flow will be sufficient to meet budgeted expenditure requirements for the next six months and the foreseeable future thereafter. FISCAL IMPACT: None. -2:.:::~~~ ~ p~ David H. Ready. Esq~ NancyPu1ey 0 City Manager Director of Finance/City Treasurer Attachments: Treasurer's Investment Report Library Board of Trustees, March 3, 2021, pg. 40
3I On Call Deposits
CITY OF PALM SPRINGS
TREASURER'S MONTHLY REPORT
SUMMARY OF INVESTMENTS
December 31, 2020
Adjusted Basis
Checking Account -Bank of America 13,158,908
Union Bank
CalTrust Short Term 57,948,732
LAI F State Pool 61,302,383 $
Short Term Investments -Union Bank
1 lear or less l I
U.S. Government Agencies 11,035,922
U.S. Government Agencies 82,824,422
!Coreorate Bonds/Obligations -Union Bank (5 lears or lessl
Corporate Bonds 6,287,983
Negotiable Certificates of Deposit -Union Bank
( 5 lea rs or less l I
FDIC-Insured CD's 3,500,000
Total Cash and Marketable Securities $
Adjustments from prior month -
Ending Cash Balance: $
1
Category Total Percentage of Total
132,410,024 56.09%
11,035,922 4.68%
82,824,422 35.09%
6,287,983 2.66%
3,500,000 1.48%
236,058,351 100.00%
16,186
236,074,537
Library Board of Trustees, March 3, 2021, pg. 41
4CITY OF PALM SPRINGS
TREASURER'S MONTHLY REPORT
PORTFOLIO STATISTICS
December 31, 2020
Portfolio Composition Portfolio Liquidity
Investment Type
U.S. Government Agencies
LAIF State Pool
CalTrust Short Term
Checking/Custody
Corporate Bonds/Obligations
Certificates of Deeosit
TOTAL
LAIF State Pool
26.0%
U.S. Government Agencies
39.8%
$
Cost Basis
93,860,345
61,302,383
57,948,732
13,158,908
6,287,983
3,500,000
236,058,351
CalTrust Short Term
24.5%
Checking/Custody
Co~p~°fate
Bonds/Obligations
2.7%
q.(t'». ~,
Aging Interval*
Overnight
Less than 1 Year
1 -2 Years
2-3 Years
3-4 Years
4-5 Years
TOTAL
•To maturity (does not include call date)
Par Value
132,410,024
12,285,922
47,708,738
43,653,667
$ 236,058,351
$12,2as,922 l~,.~.m ,,
-• $0 $0
~"' '\') ~,,_ tt.,.
~-~,,_
(t•-:.,
~-~,,_
(t•-:.,
~-v,,_
(t•-:.,
v.4',,_
(t•-:.,
Investment Type
U.S. Government Agencies
LAIF State Pool
CalTrust Short Term
Checking Account
Corporate Bonds/Obligations
Certificates of De.e_osit
% of Portfolio
39 .8%
26.0%
24.5%
5.6%
2.7%
1.5%
100.00%
Library Board of Trustees, March 3, 2021, pg. 42
5TREASURER'S MONTHLY REPORT
DETAIL OF INVESTMENTS
December 31, 2020
Par Value Coupon Moody's I S&P Purchase Maturity/Called Days Yield Cost Basis Category Market Value as of Market Value as of
~ Rating Date Date to Maturity to Maturity I2!fil De~ml2!i!C ~l 2oio ~e12tembe[ ~Q ~Q2Q
I On Call Deposits
Checking -Bank of America 13,158,908 N/A N/A Demand 1 None 13,158,908 13,158,908 10,149,076
Union Bank variable NIA Demand 1 None 10,967,308
CalTrust ShortTerm 57,948,732 variable N/A Demand 1 1.64% 57,948,732 57,948,732 47,370,649
Local Agency Invest Fund (LAIF) 6113021383 variable N/A Demand 1 1.79% 61 302 383 6113021383 69149 888
ishort Term Investments (1 :i:ear or lessl I
132,410,024 132,410,024 132,410,024 137,636,921
US Agency Securities
Federal National Mortgage Association 1,000,000 1.75% Aaa/AA+ 08/16/17 02/16/21 47 1.75% 1,000,000 1,001,930 1,005,880
Federal National Mortgage Association 1,000,000 1.40% Aaa/AA+ 08/03/16 08/25/21 237 1.40% 1,000,000 1,008,440 1,011,210
Federal Home Loan Bank 1,000,000 1.05% Aaa/AA+ 10/11/16 11/15/21 319 1.05% 1,000,000 1,016,400 1,021,010
US Treasury Notes 2,450,000 1.50% Aaa/AA 09/04/20 11/30/21 334 1.25% 2,491,344 2,480,625 2,488,465
Federal Home Loan Bank 3,000,000 1.63% Aaa/AA+ 03/17/20 12/20/21 354 1.63% 3,046,440 3,044,040 3,054,870
US Treasury Notes 2 450000 1.63% Aaa/ AA 09/04/20 12/31/21 365 1.21% 2 498139 2 486 750 2 495 546
2,000,000 11,035,922 11,038,185 11,076,981 I Medium Term Investments (1 :i:ear to 3 :i:earsl I
US Agency Securities
Federal National Mortgage Association 3,000,000 2.00% Aaa/AA+ 03/17/20 01/05/22 370 2.00% 3,068,010 3,057,090 3,071,520
Federal National Mortgage Association 3,000,000 2.63% Aaa/AA+ 03/17/20 01/11/22 376 2.63% 3,106,080 3,076,860 3,095,320
Federal Home Loan Mortgage Corporation 3,000,000 2.38% Aaa/AA 03/17/20 01/13/22 378 2.38% 3,092,820 3,069,360 3,086,610
US Treasury Notes 2,450,000 1.38% Aaa/AA .09/04/20 01/31/22 396 1.30% 2,492,492 2,482,928 2,490,670
US Treasury Notes 3,050,000 1.75% Aaa/AA+ 03/24/20 05/31/22 516 1.75% 3,142,334 3,120,181 3,132,320
Federal Home Loan Mortgage Corporation 3,000,000 2 .50% Aaa/AA+ 07/24/20 06/08/22 524 2.16% 3,001,500 3,008,790 3,004,140
US Treasury Notes 3,050,000 1.75% Aaa/ AA+ 03/24/20 06/15/22 531 1.75% 3,147,100 3,121,736 3,133,997
US Treasury Notes 3,050,000 1.75% Aaa/AA+ 03/24/20 06/30/22 546 1.75% 3,147,814 3,124,237 3,136,376
US Treasury Notes 3,050,000 1.75% Aaa/AA+ 03/24/20 07/15/22 561 1.75% 3,146,504 3,126,250 3,138,633
Federal Home Loan Mortgage Corporation 2,675,000 1.25% Aaa/AA+ 07/24/20 07/25/22 571 2.21% 2,669,490 2,675,722 2,672,566
US Treasury Notes 3,050,000 1.50% Aaa/AA+ 03/24/20 08/15/22 592 1.50% 3,132,922 3,117,924 3,128,629
US Treasury Notes 3,050,000 1.63% Aaa/AA+ 03/24/20 08/15/22 592 1.63% 3,141,619 3,124,115 3,135,675
Federal National Mortgage Association 3,000,000 1.38% Aaa/AA+ 03/20/20 09/06/22 614 1.38% 3,054,180 3,063,840 3,070,410
Federal National Mortgage Association 3,000,000 2.00% Aaa/AA+ 03/20/20 10/05/22 643 2.00% 3,092,160 3,097,890 3,111,240
US Treasury Notes 1,685,000 1.38% Aaa/AA 09/04/20 10/15/22 653 1.28% 1,729,034 1,722,525 1,727,715
US Treasury Notes 3,175,000 1.50% Aaa/AA+ 03/24/20 01/15/23 745 1.50% 3,271,366 3,263,551 3,273,489
Federal National Mortgage Association 3,000,000 2 .38% Aaa/AA+ 03/20/20 01/19/23 749 2.38% 3,134,100 3,137,400 3,147 ,1 50
US Treasury Notes 1,685,000 1.75% Aaa/AA 09/04/20 01/31/23 761 1.31% 1,750,294 1,741,734 1,748,120
Federal Home Loan Bank 3,000,000 1.38% Aaa/AA+ 03/20/20 02/17/23 778 1.38% 3,052,314 3,077,700 3,084,090
US Treasury Notes 3,175,000 1.50% Aaa/AA+ 03/24/20 02/28/23 789 1.50% 3,275,459 3,268,504 3,279,299
US Treasury Notes 3,175,000 0.50% Aaa/AA+ 03/24/20 03/15/23 804 0.50% 3,184,302 3,200,813 3,202,527
US Treasury Notes 3,175,000 1.50% Aaa/AA+ 03/24/20 03/31/23 820 1.50% 3,277,443 3,271,742 3,282,537
US Treasury Notes 2,500,000 2.50% Aaa/AA 09/04/20 04/15/23 835 1.33% 2,507,324 2,506,150 2,506,750
Federal Home Loan Mortgage Corporation 2,500,000 2.50% Aaa/AA+ 09/04/20 06/26/23 907 2.34% 2,500,775 2,505,425 2,502,250
Federal Home Loan Mortgage Corporation 2,790,000 2.50% Aaa/AA+ 07/10/20 07/10/23 921 2.50% 2,784,002 2,796,668 2,789,414
US Treasury Notes 2,500,000 1.25% Aaa/AA 09/04/20 07/15/23 926 1.44% 2,498,633 2,498,825 2,498,250
Federal Home Loan Mortgage Corporation 2,075,000 2.50% Aaa/AA+ 08/19/20 08/24/23 966 2.50% 2,072,884 2,079,088 2 ,076,411
Federal Home Loan Mortgage Corporation 3,000,000 1.25% Aaa/AA+ 10/16/20 10/16/23 1,019 2.50% 2,988,810 2,997,960 2,992,200
Federal Home Loan Mortgage Corporation 213651000 Aaa/AA+ 12/02/20 12/04/23 1,068 2 .50% 2 362 659 2 367 531
92,125,000 82,824,422 82,702,537 80,518,308
Library Board of Trustees, March 3, 2021, pg. 43
6Par Value Coupon Moody's / S&P Purchase Maturity/Called Days Yield Cost Basis Category Market Value as of Market Value as of
Rate Rating Date Date to Maturity to Maturity Total December 31 2020 §egtember 30 ioio
lcoreorate Bonds/Obligations (5 lears or less)
Apple Incorporated 2,000,000 2.15% FDIC 04/09/20 02/09/22 405 2.10% 2,044,680 2,041,460 2,051,060
Apple Incorporated 1,000,000 2.40% FDIC 10/26/20 01/13/23 743 2.30% 1,044,270 1,042,570
Pepsico Inc 1,000,000 0.75% FDIC 10/30/20 05/01/23 851 0.74% 1,011,210 1,014,260
Microsoft Corporation 1,114,000 2.00% FDIC 04/13/20 08/08/23 950 1.92% 1,153,413 1,162,013 1,163,150
Pepsico Inc 1,035,000 0.04% FDIC 10/07/20 10/07/23 1,010 0.40% 1,034,410 1,040,703
6,149,000 I Negotiable Certificates of Deeosit (5 lears or less) I
6,287,983 6,301,006 3,214,210
Citizens National Bank CD 250,000 2.15% FDIC 01/17/18 01/19/21 19 2.15% 250,000 250,278 251,610
Marlin Business Bank CD 250,000 2.20% FDIC 01/18/18 01/19/21 19 2.20% 250,000 250,283 251,650
Capital One Bank, NA CD 250,000 2.05% FDIC 08/02/17 08/02/21 214 2.05% 250,000 252,973 254,168
American Express FSB CD 250,000 2.20% FDIC 09/12/17 09/13/21 256 2.20% 250,000 253,778 255,050
Third Federal Savings & Loan CD 250,000 2.00% FDIC 09/15/17 09/15/21 258 2.00% 250,000 253,455 254,600
Patriot Bank CD 250,000 2.95% FDIC 07/30/18 01/31/22 396 2.95% 250,000 257,840 259,530
Synchrony Bank CD 250,000 2.70% FDIC 03/11/19 03/15/22 439 2.70% 250,000 257,933 259,440
Merrick Bank CD 250,000 2.65% FDIC 03/11/19 03/21/22 445 2.65% 250,000 257,908 259,345
Goldman Sachs Bank CD 250,000 2.30% FDIC 08/02/17 08/02/22 579 2.30% 250,000 258,813 259,980
American Express Centurion CD 250,000 2.35% FDIC 08/22/17 08/22/22 599 2.35% 250,000 258,910 259,850
Capital One Bank USA, NA CD 250,000 2.35% FDIC 08/23/17 08/23/22 600 2.35% 250,000 259,330 260,515
Citibank, NA CD 250,000 3.30% FDIC 07/24/18 07/24/23 935 3.30% 250,000 270,168 271,918
Comenity Capital Bank CD 250,000 3.35% FDIC 10/17/18 10/17/23 1,020 3.35% 250,000 272,188 273,935
UBS Bank USA CD 250,000 3.35% FDIC 10/17/18 10/17/23 1,020 3.35% 250,000 272,188 273,935
3,500,000 3,500,000 3,626,045 3,645,525
!Total Invested Cash I $ 236,184,024 $ 2361058,351 $ 236,077,797 $ 236,091,945
Monthly Portfolio Yield: 1.63%
Benchmark Yields:
Current Month LAIF Average: 0.620%
4 Library Board of Trustees, March 3, 2021, pg. 44
7Account
(Total Cash
11010
Description
Cash and Marketable Securities
Adjustments from Prior Month
I Miscellaneous Accounts
11016 1930's General Store Museum -Bank of America
TREASURER'S MONTHLY REPORT
MISCELLANEOUS AND TRUST ACCOUNTS
December 31, 2020
Yield
Par Value Coupon Rating Maturity to Maturity
$ 236,058,351
8,907 NIA NIA open None
11017 Downpayment Assistance (Housing Fund) -Bank of America 34,238 0.002 NIA open 0 .20%
11018 Save the Plaza -Bank of America 303,657 NIA NIA open None
11019 Airport Parking -Bank of America 427,829 NIA NIA open None
11020 Petty Cash -Various 2,600 NIA NIA open None
11025 Workers Compensation -Bank of America 275,875 NIA NIA open None
11026 General Liability -Bank of America 74,159 NIA NIA open None
(rotal Cash Deposited
5
Adjusted
Cost Basis
236,058,351
16,186
8,507
34,248
212,946
171,869
2,600
232,636
100,000
Category Total
236,074,537
762,806
$ 236,837,343
Library Board of Trustees, March 3, 2021, pg. 45
8TREASURER'S MONTHLY REPORT
CASH WITH FISCAL AGENT (BOND ISSUE RESERVE, DEBT SERVICE, AND RELATED FUNDS)
December 31, 2020
Par Coupon Yield Adjusted Category Market Value as of Market Value as of
Acct Description Value Rate Rating Maturity to Maturity Cost Basis Total December 31 2020 Source September 30 2020
11029 2015 Refunding Lease Revenue Bonds
First American Government Obligation 1 variable AAA open 0.01% 1 1 US Bank
11030 2015 Reassessment District No.2015-1
First American Government Obligation 272,310 variable AAA open 0.01% 272,310 272,310 US Bank 272,309
11032 Cash with Fiscal Agent -Conv 04/12
(4) !4l (4) US Bank (4)
11011 Cash with Fiscal Agent -Reserve 2019
Bond Issuance 1,995,962 1,995,962 1,995,962 US Bank 2,514,238
11097 Cash with Fiscal Agent -2019 PFC
Bond Issuance 17,497,425 ___!L497,425 17,497,425 US Bank 14,312,430
11037 2012 Downtown Revitalization Lease Revenue Bond Reserve
Invesco Government & Agency Private 3,189,056 variable AAA open 0.01% 3,189,056 3,189,056 US Bank 3,247,838
11039 2012/2014 Convention Center
First American Government Obligation 15 variable AAA open 0.01% 15 15 US Bank 4
2015 Local Measure A Sales Tax
11042 First American Government Obligation 624,523 624,523 624,523 627,364
11043 First American Government Obligation 8,664 variable AAA open 0.01% 8,664 8,664 US Bank 8,664
633,187 633,187 636,028
11080 Funds With Century Golf 364,257 N/A N/A demand None 364,257 364,257 Century Golf 795,484
11090 Cash with Fiscal Agent -Refinance 18,315 18,315 18,315 US Bank 18,314
2007A&B Tax Allocation Bonds
11092 First American Government Obligation 811 811 811 811
11096 Cash with Fiscal Agent -2017
0 US Bank
Total Cash with Fiscal Agent 23,971,335 23,971,335 23,971,335 21,797,456
6 Library Board of Trustees, March 3, 2021, pg. 46
9CALCULATION OF INVESTMENT LIMITATIONS
December 31, 2020
By Maturity: Minimum
1 day to 365 days N/A
1 year to 3 years NIA
3 years to 5 years NIA
Total:
BY.IYee of Investment:
Bank -Checking/Custody N/A
Bankers Acceptance -in total N/A
Bankers Acceptance -by issuer N/A
Commercial Paper N/A
Time Deposits N/A
Negotiable Certificates of Deposit -in total N/A
Negotiable Certificates of Deposit -by issuer N/A
Corporate Notes -in total N/A
Corporate Notes -by issuer N/A
CA State or City Bonds/Local Agency Bonds -in total N/A
CA State or City Bonds/Local Agency Bonds -by issuer N/A
Money Market Funds N/A
Money Market Mutual Funds -Less than 1 Year N/A
Money Market Mutual Funds -More than 1 Year N/A
LAIF N/A
U.S. Government Agencies N/A
U.S. Treasury Notes/Bonds N/A
Total:
7
Maximum December 31 1 2_02_0
N/A 61.21%
50.00% 37.95%
30.00% 0.00%
99.15%
100.00% 5.57%
20.00% 0.00%
5.00% 0.00%
15.00% 0.00%
10.00% 0.00%
30.00% 1.48%
5.00% 0.00%
20.00% 2.60%
5.00% 0.00%
15.00% 0.00%
5.00% 0.00%
10.00% 0.00%
50.00% 24.54%
25.00% 0.00%
100.00% 25.96%
60.00% 39.85%
100.00% 0.00%
100.00%
Library Board of Trustees, March 3, 2021, pg. 47
10TREASURER'S MONTHLY REPORT
CALCULATION OF WEIGHTED AVERAGE MATURITY
December 31, 2020
Description Maturity/Called Current No. of Days X Cost
Date Date Days
I 0_1!_ CalL Deposits
Checking -Bank of America 12/31/20 1 13,158,908
Union Bank 12/31/20
CalTrust ShortTerm 12/31/20 1 57,948,732
Local Agency Invest Fund (LAIF) 12/31/20 1 61,302,383
!short Term Investments (1 year or less)
US Agency Securities
Federal National Mortgage Association 02/16/21 12/31/20 47 353,000,000
Federal National Mortgage Association 08/25/21 12/31/20 237 237,000,000
Federal Home Loan Bank 11/15/21 12/31/20 319 319,000,000
US Treasury Notes 01/13/22 12/31/20 378 941,727,938
Federal Home Loan Bank 12/20/21 12/31/20 354 1,078,439,760
US Treasury Notes 01/13/22 12/31/20 378 944,296,421
I Medium Term Investments (1 year to 3 years)
US Agency Securities
Federal National Mortgage Association 01/05/22 12/31/20 370 1,135,163,700
Federal National Mortgage Association 01/11/22 12/31/20 376 1,167,886,080
Federal Home Loan Mortgage Corporation 01/13/22 12/31/20 378 1,169,085,960
US Treasury Notes 01/13/22 12/31/20 378 942,162,048
US Treasury Notes 05/31/22 12/31/20 516 1,621,444,339
Federal Home Loan Mortgage Corporation 06/08/22 12/31/20 524 1,572,786,000
US Treasury Notes 06/15/22 12/31/20 531 1,671,109,898
US Treasury Notes 06/30/22 12/31/20 546 1,718,706,690
US Treasury Notes 07/15/22 12/31/20 561 1,765,188,699
Federal Home Loan Mortgage Corporation 07/25/22 12/31/20 571 1,524,278,505
US Treasury Notes 08/15/22 12/31/20 592 1,854,689,753
US Treasury Notes 08/15/22 12/31/20 592 1,859,838,525
Federal National Mortgage Association 09/06/22 12/31/20 614 1,875,266,520
Federal National Mortgage Association 10/05/22 12/31/20 643 1,988,258,880
US Treasury Notes 01/13/22 12/31/20 378 653,574,769
US Treasury Notes 01/15/23 12/31/20 745 2,437,167,819
Federal National Mortgage Association 01/19/23 12/31/20 749 2,347,440,900
US Treasury Notes 01/13/22 12/31/20 378 661,611,038
Federal Home Loan Bank 02/17/23 12/31/20 778 2,374,700,292
US Treasury Notes 02/28/23 12/31/20 789 2,584,337,151
US Treasury Notes 03/15/23 12/31/20 804 2,560,178,623
US Treasury Notes 03/31/23 12/31/20 820 2,687,503,572
8 Library Board of Trustees, March 3, 2021, pg. 48
11US Treasury Notes
Federal Home Loan Mortgage Corporation
Federal Home Loan Mortgage Corporation
US Treasury Notes
Federal Home Loan Mortgage Corporation
Federal Home Loan Mortgage Corporation
Federal Home Loan Mortgage Corporation
I corporate Bonds/Obligations (5 years or less)
Apple Incorporated
Apple Incorporated
Pepsico Inc
Microsoft Corporation
Pepsico Inc
I Negotiable Certificates of Deposit (5 years or less)
Citizens National Bank CD
Marlin Business Bank CD
Capital One Bank, NA CD
American Express FSB CD
Third Federal Savings & Loan CD
Patriot Bank CD
Synchrony Bank CD
Merrick Bank CD
Goldman Sachs Bank CD
American Express Centurion CD
Capital One Bank USA, NA CD
Citibank, NA CD
Comenity Capital Bank CD
UBS Bank USA CD
01/13/22
06/15/22
07/10/23
01/13/22
08/24/23
10/16/23
12/04/23
02/09/22
01/13/23
05/01/23
08/08/23
10/07/23
01/19/21
01/19/21
08/02/21
09/13/21
09/15/21
01/31/22
03/15/22
03/21/22
08/02/22
08/22/22
08/23/22
07/24/23
10/17/23
10/17/23
Total Investments at Cost
WAM in Days
9
12/31/20 378
12/31/20 531
12/31/20 921
12/31/20 378
12/31/20 966
12/31/20 1,019
12/31/20 1,068
12/31/20 405
12/31/20 743
12/31/20 851
12/31/20 950
12/31/20 1,010
12/31/20 19
12/31/20 19
12/31/20 214
12/31/20 256
12/31/20 258
12/31/20 396
12/31/20 439
12/31/20 445
12/31/20 579
12/31/20 599
12/31/20 600
12/31/20 935
12/31/20 1,020
12/31/20 1,020
947,768,559
1,327,911,525
2,564,065,382
944,483,210
2,002,405,461
3,045,597,390
2,523,319,438
828,095,400
775,892,610
860,539,710
1,095,742,350
1,044,754,151
4,750,000
4,750,000
53,500,000
64,000,000
64,500,000
99,000,000
109,750,000
111,250,000
144,750,000
149,750,000
150,000,000
233,750,000
255,000,000
255,000,000
236,058,351
262
Library Board of Trustees, March 3, 2021, pg. 49
Code:Select Code Section:1 or 2 or 1001 Search
54950.
54950.5.
54951.
54952.
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GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607]( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821]( Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7]( Part
1 added by Stats. 1949, Ch. 81. )
CHAPTER 9. Meetings [54950 - 54963]( Chapter 9 added by Stats. 1953, Ch. 1588. )
In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils
and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the
law that their actions be taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to decide what is good for the people to know and what is not
good for them to know. The people insist on remaining informed so that they may retain control over the
instruments they have created.
(Added by Stats. 1953, Ch. 1588.)
This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
As used in this chapter, “local agency” means a county, city, whether general law or chartered, city and
county, town, school district, municipal corporation, district, political subdivision, or any board, commission or
agency thereof, or other local public agency.
(Amended by Stats. 1959, Ch. 1417.)
As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary,
decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.
However, advisory committees, composed solely of the members of the legislative body that are less than a quorum
of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective
of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter,
ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited
liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the
elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the
legislative body of the local agency appointed to that governing body as a full voting member by the legislative body
of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember
body that governs a private corporation, limited liability company, or other entity that receives funds from a local
agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting
member of the governing body of that private corporation, limited liability company, or other entity shall be relieved
from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a
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Brown Act
54952.1.
54952.2.
nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121
of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a
legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority.
(Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.)
Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office
shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of
enforcement of this chapter as if he or she has already assumed office.
(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.)
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative
body at the same time and location, including teleconference location as permitted by Section 54953, to hear,
discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a
series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on
any item of business that is within the subject matter jurisdiction of the legislative body.
(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in
separate conversations or communications outside of a meeting authorized by this chapter with members of a
legislative body in order to answer questions or provide information regarding a matter that is within the subject
matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the
comments or position of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in
separate conversations or communications on an internet-based social media platform to answer questions, provide
information to the public, or to solicit information from the public regarding a matter that is within the subject
matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use
the internet-based social media platform to discuss among themselves business of a specific nature that is within the
subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any
communication on an internet-based social media platform regarding a matter that is within the subject matter
jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media
platform between members of a legislative body, including comments or use of digital icons that express reactions to
communications made by other members of the legislative body.
(ii)“Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and
participate, free of charge, in the social media platform without the approval by the social media platform or a
person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked
from doing so, except when the internet-based social media platform determines that an individual violated its
protocols or rules.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not
violate subdivision (b).
(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to
the public that involves a discussion of issues of general interest to the public or to public agencies of the type
represented by the legislative body, provided that a majority of the members do not discuss among themselves,
other than as part of the scheduled program, business of a specified nature that is within the subject matter
jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission
to a conference or similar gathering at which the organizers have required other participants or registrants to pay
fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized
to address a topic of local community concern by a person or organization other than the local agency, provided that
a majority of the members do not discuss among themselves, other than as part of the scheduled program, business
of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
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54952.2.
54952.3.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another
body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided
that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting,
business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion,
provided that a majority of the members do not discuss among themselves business of a specific nature that is
within the subject matter jurisdiction of the legislative body of the local agency.
(6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing
committee of that body, provided that the members of the legislative body who are not members of the standing
committee attend only as observers.
(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2020, Ch. 89, Sec. 1. (AB 992) Effective January 1, 2021. Repealed as of January 1, 2026, by its own
provisions. See later operative version added by Sec. 2 of Stats. 2020, Ch. 89.)
(a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative
body at the same time and location, including teleconference location as permitted by Section 54953, to hear,
discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a
series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on
any item of business that is within the subject matter jurisdiction of the legislative body.
(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in
separate conversations or communications outside of a meeting authorized by this chapter with members of a
legislative body in order to answer questions or provide information regarding a matter that is within the subject
matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the
comments or position of any other member or members of the legislative body.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not
violate subdivision (b).
(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to
the public that involves a discussion of issues of general interest to the public or to public agencies of the type
represented by the legislative body, provided that a majority of the members do not discuss among themselves,
other than as part of the scheduled program, business of a specified nature that is within the subject matter
jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission
to a conference or similar gathering at which the organizers have required other participants or registrants to pay
fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized
to address a topic of local community concern by a person or organization other than the local agency, provided that
a majority of the members do not discuss among themselves, other than as part of the scheduled program, business
of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another
body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided
that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting,
business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion,
provided that a majority of the members do not discuss among themselves business of a specific nature that is
within the subject matter jurisdiction of the legislative body of the local agency.
(6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing
committee of that body, provided that the members of the legislative body who are not members of the standing
committee attend only as observers.
(d) This section shall become operative on January 1, 2026.
(Repealed (in Sec. 1) and added by Stats. 2020, Ch. 89, Sec. 2. (AB 992) Effective January 1, 2021. Section operative January 1,
2026, by its own provisions.)
(a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any
other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if
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54952.6.
54952.7.
54953.
a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or
serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each
member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent
legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting
for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the
legislative body shall not be required to announce the amount of compensation if the amount of compensation is
prescribed in statute and no additional compensation has been authorized by a local agency.
(b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and
necessary expenses incurred by a member in the performance of the member’s official duties, including, but not
limited to, reimbursement of expenses relating to travel, meals, and lodging.
(Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.)
As used in this chapter, “action taken” means a collective decision made by a majority of the members of a
legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a
positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as
a body or entity, upon a motion, proposal, resolution, order or ordinance.
(Added by Stats. 1961, Ch. 1671.)
A legislative body of a local agency may require that a copy of this chapter be given to each member of the
legislative body and any person elected to serve as a member of the legislative body who has not assumed the
duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each
member of each legislative body all or a majority of whose members are appointed by or under the authority of the
elected legislative body.
(Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1, 1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing
for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding
authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and
all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall
be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of
the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be
identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be
accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction,
except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address
the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which
are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this
section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that
action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be
taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority
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54953.1.
54953.2.
54953.3.
54953.5.
54953.6.
54953.7.
conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted
toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number
of members that would establish a quorum are present within the boundaries of the territory over which the
authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access
codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are
identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting
at a common physical site within the jurisdiction of the authority or from using teleconference locations within or
near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this
subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers
authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of
contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a
county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code if the advisory committee has 12 or more members.
(Amended by Stats. 2017, Ch. 137, Sec. 1. (AB 428) Effective January 1, 2018.)
The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a
local agency from giving testimony in private before a grand jury, either as individuals or as a body.
(Added by Stats. 1979, Ch. 950.)
All meetings of a legislative body of a local agency that are open and public shall meet the protections and
prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the
federal rules and regulations adopted in implementation thereof.
(Added by Stats. 2002, Ch. 300, Sec. 5. Effective January 1, 2003.)
A member of the public shall not be required, as a condition to attendance at a meeting of a legislative
body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or
otherwise to fulfill any condition precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room
where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that
the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document.
(Amended by Stats. 1981, Ch. 968, Sec. 28.)
(a) Any person attending an open and public meeting of a legislative body of a local agency shall have the
right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of
a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise,
illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.
(b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of
the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or
destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without
charge on equipment made available by the local agency.
(Amended by Stats. 2009, Ch. 88, Sec. 57. (AB 176) Effective January 1, 2010.)
No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public
meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise,
illumination, or obstruction of view that would constitute a persistent disruption of the proceedings.
(Amended by Stats. 1994, Ch. 32, Sec. 6. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.)
Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements
upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in
this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on
those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or
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54954.
54954.1.
under the authority of the elected legislative body.
(Added by Stats. 1981, Ch. 968, Sec. 29.)
(a) Each legislative body of a local agency, except for advisory committees or standing committees, shall
provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that
body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for
which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section
54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body.
(b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over
which the local agency exercises jurisdiction, except to do any of the following:
(1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the
local agency is a party.
(2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory
over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly
related to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local
agency’s jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within
the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for
in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the
territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office
is located outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of
California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the
local agency and over which the federal or state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency,
provided that the topic of the meeting is limited to items directly related to the facility.
(7) Visit the office of the local agency’s legal counsel for a closed session on pending litigation held pursuant to
Section 54956.9, when to do so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within the district, except under the
circumstances enumerated in subdivision (b), or to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining techniques.
(2) Interview members of the public residing in another district with reference to the trustees’ potential employment
of an applicant for the position of the superintendent of the district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as
provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at
any facility in the state which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated,
the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the
legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section
54956, by the most rapid means of communication available at the time.
(Amended by Stats. 2004, Ch. 257, Sec. 1. Effective January 1, 2005.)
Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda
packet, of any meeting of a legislative body be mailed to that person. If requested, the agenda and documents in
the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required
by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and
regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its
designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section
54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever
occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which
it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing
the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting
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person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation
of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received.
(Amended by Stats. 2002, Ch. 300, Sec. 6. Effective January 1, 2003.)
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54954.2.(a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee,
shall post an agenda containing a brief general description of each item of business to be transacted or discussed at
the meeting, including items to be discussed in closed session. A brief general description of an item generally need
not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a
location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local
agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with
a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding
how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or
services, may be made by a person with a disability who requires a modification or accommodation in order to
participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county,
special district, school district, or political subdivision established by the state that has an Internet Web site, the
following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city
and county, special district, school district, or political subdivision established by the state that is accessible through
a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu;
however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda
management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search
applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of
the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision
established by the state that has an Internet Web site and an integrated agenda management platform shall not be
required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site
homepage of a city, county, city and county, special district, school district, or political subdivision established by the
state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a
person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person
directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special
district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city,
county, city and county, special district, school district, or political subdivision established by the state for all
meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state shall be the first agenda available at the top of the integrated agenda
management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in
clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special
district, school district, or political subdivision established by the state dedicated to providing the entirety of the
agenda information for the legislative body of the city, county, city and county, special district, school district, or
political subdivision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established
by the legislative body of the city, county, city and county, special district, school district, or political subdivision
established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to
questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make
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54954.3.
54954.4.
a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative
body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or
other resources for factual information, request staff to report back to the body at a subsequent meeting concerning
any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the
posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision,
the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in
Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if
less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need
to take immediate action and that the need for action came to the attention of the local agency subsequent to the
agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more
than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was
continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web
site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative
body are compensated for their appearance, and if one or more of the members of the legislative body are also
members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(Amended by Stats. 2016, Ch. 265, Sec. 1. (AB 2257) Effective January 1, 2017.)
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly
address the legislative body on any item of interest to the public, before or during the legislative body’s
consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no
action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public
to address the legislative body on any item that has already been considered by a committee, composed exclusively
of members of the legislative body, at a public meeting wherein all interested members of the public were afforded
the opportunity to address the committee on the item, before or during the committee’s consideration of the item,
unless the item has been substantially changed since the committee heard the item, as determined by the legislative
body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address
the legislative body concerning any item that has been described in the notice for the meeting before or during
consideration of that item.
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of
subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for
public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the
legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes
a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative
body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment
in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.
(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise provided by law.
(Amended by Stats. 2016, Ch. 507, Sec. 1. (AB 1787) Effective January 1, 2017.)
(a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986,
authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that
act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which
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54954.5.
are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the
Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims
for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and
authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as
the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete
documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the
actual cost to post a single agenda for any one meeting.
(c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph
M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget
enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and
duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and
uninterrupted manner.
(Added by Stats. 1991, Ch. 238, Sec. 1.)
For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe
closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or
54956 if the closed session items were described in substantial compliance with this section. Substantial compliance
is satisfied by including the information provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section 54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real
property under negotiation)
Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the
absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as
the name of the agent or designee is announced at an open session held prior to the closed session.)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Specify by reference to claimant’s name, names of parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement
negotiations)
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify
number of potential cases)
(In addition to the information noticed above, the agency may be required to provide additional information on the
agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of subdivision
(e) of Section 54956.9.)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential
cases)
(d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961)
Agency claimed against: (Specify name)
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54954.6.
(e) With respect to every item of business to be discussed in closed session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency
representative and title)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed session to consider discipline, dismissal, or release
of a public employee. Discipline includes potential reduction of compensation.)
(f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated representatives attending the closed session) (If
circumstances necessitate the absence of a specified designated representative, an agent or designee may
participate in place of the absent representative so long as the name of the agent or designee is announced at an
open session held prior to the closed session.)
Employee organization: (Specify name of organization representing employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit
committee, or report of quality assurance committee)
(i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW
(No additional information is required in connection with a closed session to discuss a charge or complaint pursuant
to Section 54956.86.)
(j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96:
CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
Discussion will concern: (Specify closed session description used by the joint powers agency)
Name of local agency representative on joint powers agency board: (Specify name)
(Additional information listing the names of agencies or titles of representatives attending the closed session as
consultants or other representatives.)
(k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75:
AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE
(Amended by Stats. 2012, Ch. 759, Sec. 6.1. (AB 2690) Effective January 1, 2013.)
(a) (1) Before adopting any new or increased general tax or any new or increased assessment, the
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legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public
testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the
noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment.
For purposes of this section, the term “new or increased assessment” does not include any of the following:
(A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for
which the fee is charged.
(B) A service charge, rate, or charge, unless a special district’s principal act requires the service charge, rate, or
charge to conform to the requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year.
(D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the
notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously
adopted by the agency or approved by the voters in the area where the assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days’ public notice of the public hearing at which the legislative
body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the
public meeting at the same time and in the same document as the notice for the public hearing, but the meeting
shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to
a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least
one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class
mailing to those interested parties who have filed a written request with the local agency for mailed notice of public
meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take
place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public
hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision.
Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after
the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days
after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall
be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for
mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual
charge for sending notices based on the estimated cost of providing the service.
(2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice
shall separately state both the existing tax rate and the proposed tax rate increase.
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax annually.
(D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting and hearing described in subdivision (a).
(F) The telephone number and address of an individual, office, or organization that interested persons may contact
to receive additional information about the tax.
(c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to
a proposal for a new or increased assessment on real property or businesses shall be accomplished through a
mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public
meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this
subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this
subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return
address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners
or business owners proposed to be subject to the new or increased assessment by a mailing by name to those
persons whose names and addresses appear on the last equalized county assessment roll, the State Board of
Equalization assessment roll, or the local agency’s records pertaining to business ownership, as the case may be.
(2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per
parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying
the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to be levied
against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall
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54955.
54955.1.
separately state both the amount of the existing assessment and the proposed assessment increase.
(B) A general description of the purpose or improvements that the assessment will fund.
(C) The address to which property owners may mail a protest against the assessment.
(D) The telephone number and address of an individual, office, or organization that interested persons may contact
to receive additional information about the assessment.
(E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to
levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if
applicable.
(F) The dates, times, and locations of the public meeting and hearing described in subdivision (a).
(G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a) if
applicable and that is noticed pursuant to this section.
(3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and
maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance
assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision
or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various
types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of
paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2
(commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district,
regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with
Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the
Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b).
(d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede,
existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong
the governmental decisionmaking process.
(e) This section shall not apply to any new or increased general tax or any new or increased assessment that
requires an election of either of the following:
(1) The property owners subject to the assessment.
(2) The voters within the local agency imposing the tax or assessment.
(f ) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the
legislative body discusses multiple tax or assessment proposals.
(g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by
this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered
pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public
meetings, public hearings, and notice.
(h)Any new or increased assessment that is subject to the notice and hearing provisions of Article XIIIC or XIIID of
the California Constitution is not subject to the notice and hearing requirements of this section.
(Amended by Stats. 2011, Ch. 382, Sec. 3.5. (SB 194) Effective January 1, 2012.)
The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned
special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from
time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the
legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of
the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such
notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be
conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned
special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular
meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all
purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to
be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
(Amended by Stats. 1959, Ch. 647.)
Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any
meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the
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54956.
54956.5.
legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of
meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order
or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following
the meeting at which the order or declaration of continuance was adopted or made.
(Added by Stats. 1965, Ch. 469.)
(a) A special meeting may be called at any time by the presiding officer of the legislative body of a local
agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the
legislative body and to each local newspaper of general circulation and radio or television station requesting notice in
writing and posting a notice on the local agency’s Internet Web site, if the local agency has one. The notice shall be
delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as
specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to
be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The
written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with
the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The
written notice may also be dispensed with as to any member who is actually present at the meeting at the time it
convenes.
The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible
to members of the public.
(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits, of a local agency executive, as defined in subdivision
(d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss
the local agency’s budget.
(c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web
site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative
body are compensated for their appearance, and if one or more of the members of the legislative body are also
members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(Amended by Stats. 2011, Ch. 692, Sec. 9. (AB 1344) Effective January 1, 2012.)
(a) For purposes of this section, “emergency situation” means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely
impairs public health, safety, or both, as determined by a majority of the members of the legislative body.
(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened
terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour
notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as
determined by a majority of the members of the legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an
emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting
requirement of Section 54956 or both of the notice and posting requirements.
(2) Each local newspaper of general circulation and radio or television station that has requested notice of special
meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee
thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the
presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice
shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or
station for notification of special meetings shall be exhausted. In the event that telephone services are not
functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of
the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of
the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting
as possible.
(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to
Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-
thirds of the members are present, by a unanimous vote of the members present.
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54956.6.
54956.7.
54956.75.
54956.8.
54956.81.
54956.86.
(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant
to this section, with the exception of the 24-hour notice requirement.
(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the
legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and
any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the
meeting as possible.
(Amended by Stats. 2002, Ch. 175, Sec. 2. Effective January 1, 2003.)
No fees may be charged by the legislative body of a local agency for carrying out any provision of this
chapter, except as specifically authorized by this chapter.
(Added by Stats. 1980, Ch. 1284.)
Whenever a legislative body of a local agency determines that it is necessary to discuss and determine
whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain
the license, the legislative body may hold a closed session with the applicant and the applicant’s attorney, if any, for
the purpose of holding the discussion and making the determination. If the legislative body determines, as a result
of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the
opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the
discussions or decisions made at the closed session and all matters relating to the closed session shall be
confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public
meeting during which the closed session is held or at its next public meeting denying the application for the license
but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the
applicant, except in an action by an applicant who has been denied a license challenging the denial of the license.
(Added by Stats. 1982, Ch. 298, Sec. 1.)
(a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency
that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions
to discuss its response to that report.
(b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency
meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some
other provision of law.
(Added by Stats. 2004, Ch. 576, Sec. 4. Effective January 1, 2005.)
Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed
session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency
to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in
which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the
person or persons with whom its negotiators may negotiate.
For purposes of this section, negotiators may be members of the legislative body of the local agency.
For purposes of this section, “lease” includes renewal or renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent
domain proceedings pursuant to Section 54956.9.
(Amended by Stats. 1998, Ch. 260, Sec. 3. Effective January 1, 1999.)
Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests
pension funds may hold a closed session to consider the purchase or sale of particular, specific pension fund
investments. All investment transaction decisions made during the closed session shall be made by rollcall vote
entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2.
(Added by Stats. 2004, Ch. 533, Sec. 20. Effective January 1, 2005.)
Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides
services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a
charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name,
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54956.87.
54956.9.
medical status, or other information that is protected by federal law publicly disclosed. Prior to holding a closed
session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right to have
the charge or complaint heard in an open session rather than a closed session.
(Added by Stats. 1996, Ch. 182, Sec. 2. Effective January 1, 1997.)
(a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed
pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of
Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper
records, records maintained in the management information system, or records in any other form, that relate to
provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas
or calculations for these payments, and contract negotiations with providers of health care for alternative rates are
exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the
records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute
a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors
shall be subject to this same exemption.
(b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the
Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely
for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held
in closed session. The requirements of making a public report of action taken in closed session, and the vote or
abstention of every member present, may be limited to a brief general description without the information
constituting the trade secret.
(c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to
consider and take action on matters pertaining to contracts and contract negotiations by the health plan with
providers of health care services concerning all matters related to rates of payment. The governing board may
delete the portion or portions containing trade secrets from any documents that were finally approved in the closed
session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request.
(d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as
otherwise provided by law.
(e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in
the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2
of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed
Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of
Division 2 of the Health and Safety Code.
(f) For purposes of this section, “health plan trade secret” means a trade secret, as defined in subdivision (d) of
Section 3426.1 of the Civil Code, that also meets both of the following criteria:
(1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing
strategy, business plan, or technology, or to add a benefit or product.
(2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a
substantial economic benefit or opportunity.
(Amended by Stats. 2015, Ch. 190, Sec. 65. (AB 1517) Effective January 1, 2016.)
(a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on
advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel
regarding pending litigation when discussion in open session concerning those matters would prejudice the position
of the local agency in the litigation.
(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this
section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of
conducting closed-session meetings pursuant to this chapter.
(c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before
a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
(d) For purposes of this section, litigation shall be considered pending when any of the following circumstances
exist:
(1) Litigation, to which the local agency is a party, has been initiated formally.
(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its
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54956.95.
legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local
agency.
(3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide
whether a closed session is authorized pursuant to paragraph (2).
(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is
deciding whether to initiate litigation.
(e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances” shall consist only of
one of the following:
(1) Facts and circumstances that might result in litigation against the local agency but which the local agency
believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
(2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence
that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts
or circumstances shall be publicly stated on the agenda or announced.
(3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.
(4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within
the responsibility of the legislative body.
(5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter
within the responsibility of the legislative body so long as the official or employee of the local agency receiving
knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which
record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify
the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a
public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation
is based, unless the identity of the person has been publicly disclosed.
(f ) Nothing in this section shall require disclosure of written communications that are privileged and not subject to
disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1).
(g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on
the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is
closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify
the litigation to be discussed, unless the body states that to do so would jeopardize the agency’s ability to effectuate
service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude
existing settlement negotiations to its advantage.
(h)A local agency shall be considered to be a “party” or to have a “significant exposure to litigation” if an officer or
employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective
activities or alleged activities during the course and scope of that office or employment, including litigation in which
it is an issue whether an activity is outside the course and scope of the office or employment.
(Amended by Stats. 2012, Ch. 759, Sec. 7. (AB 2690) Effective January 1, 2013.)
(a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article
1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local
agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort
liability losses, public liability losses, or workers’ compensation liability incurred by the joint powers agency or a local
agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-Insurance Authority formed pursuant
to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the
authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability
losses, or workers’ compensation liability incurred by the authority or a local agency member of the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency.
(Added by Stats. 1989, Ch. 882, Sec. 3.)
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54956.96.
54956.96.
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a
policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
(1) All information received by the legislative body of the local agency member in a closed session related to the
information presented to the joint powers agency in closed session shall be confidential. However, a member of the
legislative body of a local agency member may disclose information obtained in a closed session that has direct
financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct
financial or liability implications for that local agency member.
(B) Other members of the legislative body of the local agency present in a closed session of that local agency
member.
(2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the
legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers
agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers
agency.
(b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California, or
its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that
authorizes both of the following:
(A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its
successor entity, who is not a member of the legislative body of a local agency member and who is attending a
properly noticed meeting of the Clean Power Alliance of Southern California, or its successor entity, in lieu of a local
agency member’s regularly appointed member, to attend closed sessions of the Clean Power Alliance of Southern
California, or its successor entity.
(B) All information that is received by a designated alternate member of the legislative body of the Clean Power
Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency
member, and that is presented to the Clean Power Alliance of Southern California, or its successor entity, in closed
session, shall be confidential. However, the designated alternate member may disclose information obtained in a
closed session that has direct financial or liability implications for the local agency member for which the designated
alternate member attended the closed session, to the following individuals:
(i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct
financial or liability implications for that local agency member.
(ii) Members of the legislative body of the local agency present in a closed session of that local agency member.
(2) If the Clean Power Alliance of Southern California, or its successor entity, adopts a policy or bylaw or includes in
its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern
California, or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of
confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local
agency member who attends a closed session of the Clean Power Alliance of Southern California, or its successor
entity.
(c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint
powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the
advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning
information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or
paragraph (1) of subdivision (b).
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 248, Sec. 1. (SB 355) Effective January 1, 2020. Repealed as of January 1, 2025, by its own
provisions. See later operative version added by Sec. 2 of Stats. 2019, Ch. 248.)
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a
policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
(1) All information received by the legislative body of the local agency member in a closed session related to the
information presented to the joint powers agency in closed session shall be confidential. However, a member of the
legislative body of a local agency member may disclose information obtained in a closed session that has direct
financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct
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54956.97.
54956.98.
financial or liability implications for that local agency member.
(B) Other members of the legislative body of the local agency present in a closed session of that local agency
member.
(2) A designated alternate member of the legislative body of the joint powers agency who is also a member of the
legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers
agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers
agency.
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint
powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the
advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning
information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a).
(c) This section shall become operative on January 1, 2025.
(Repealed (in Sec. 1) and added by Stats. 2019, Ch. 248, Sec. 2. (SB 355) Effective January 1, 2020. Section operative January
1, 2025, by its own provisions.)
Notwithstanding any provision of law, the governing board, or a committee of the governing board, of a
public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take
action on matters pertaining to all of the following:
(a) A loan or investment decision.
(b) A decision of the internal audit committee, the compliance committee, or the governance committee.
(c) A meeting with a state or federal regulator.
(Added by Stats. 2019, Ch. 442, Sec. 14. (AB 857) Effective January 1, 2020.)
(a) For purposes of this section, the following definitions shall apply:
(1) “Shareholder, member, or owner local agency” or “shareholder, member, or owner” means a local agency that is
a shareholder of a public bank.
(2) “Public bank” has the same meaning as defined in Section 57600.
(b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents
provisions that authorize any of the following:
(1) All information received by a shareholder, member, or owner of the public bank in a closed session related to the
information presented to the governing board of a public bank in closed session shall be confidential. However, a
member of the governing board of a shareholder, member, or owner local agency may disclose information obtained
in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that shareholder, member, or owner local agency for purposes of obtaining advice on whether
the matter has direct financial or liability implications for that shareholder local agency.
(B) Other members of the governing board of the local agency present in a closed session of that shareholder,
member, or owner local agency.
(2) A designated alternate member of the governing board of the public bank who is also a member of the governing
board of a shareholder, member, or owner local agency and who is attending a properly noticed meeting of the
public bank governing board in lieu of a shareholder, member, or owner local agency’s regularly appointed member
may attend a closed session of the public bank governing board.
(c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing
documents pursuant to subdivision (b), then the governing board of the shareholder, member, or owner local
agency, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take
action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph
(1) of subdivision (b).
(Added by Stats. 2019, Ch. 442, Sec. 15. (AB 857) Effective January 1, 2020.)
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54957.(a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed
sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their
respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the
security of public buildings, a threat to the security of essential public services, including water, drinking water,
wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public
services or public facilities.
(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency
from holding closed sessions during a regular or special meeting to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought
against the employee by another person or employee unless the employee requests a public session.
(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by
another person or employee, the employee shall be given written notice of his or her right to have the complaints or
charges heard in an open session rather than a closed session, which notice shall be delivered to the employee
personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary
or other action taken by the legislative body against the employee based on the specific complaints or charges in the
closed session shall be null and void.
(3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness,
any or all other witnesses in the matter being investigated by the legislative body.
(4) For the purposes of this subdivision, the term “employee” shall include an officer or an independent contractor
who functions as an officer or an employee but shall not include any elected official, member of a legislative body or
other independent contractors. This subdivision shall not limit local officials’ ability to hold closed session meetings
pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on
proposed compensation except for a reduction of compensation that results from the imposition of discipline.
(Amended by Stats. 2013, Ch. 11, Sec. 1. (AB 246) Effective January 1, 2014.)
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54957.1.(a) The legislative body of any local agency shall publicly report any action taken in closed session and the
vote or abstention on that action of every member present, as follows:
(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported
after the agreement is final, as follows:
(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the
agreement in open session at the public meeting during which the closed session is held.
(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that
approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent
has informed the local agency of its approval.
(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to
enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be
reported in open session at the public meeting during which the closed session is held. The report shall identify, if
known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or
intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall
specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and
the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so
would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do
so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any
stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as
follows:
(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its
acceptance and identify the substance of the agreement in open session at the public meeting during which the
closed session is held.
(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement
becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify
the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as
soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against,
the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.
(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of
a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which
the closed session is held. Any report required by this paragraph shall identify the title of the position. The general
requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment
contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.
(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section
54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The
report shall identify the item approved and the other party or parties to the negotiation.
(7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first
open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer
of pension fund assets for the investment transaction.
(b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative
body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the
posting of the agenda, or to any person who has made a standing request for all documentation as part of a request
for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed
session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or
adopted in the closed session. If the action taken results in one or more substantive amendments to the related
documents requiring retyping, the documents need not be released until the retyping is completed during normal
business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes
the substance of the amendments for the benefit of the document requester or any other person present and
requesting the information.
(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day
following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any
necessary retyping is complete.
(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise
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54957.2.
54957.5.
54957.6.
subject to legislative body approval.
(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of
any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to
comply with this section.
(f ) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(Amended by Stats. 2006, Ch. 538, Sec. 311. Effective January 1, 2007.)
(a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer
or employee of the local agency who shall then attend each closed session of the legislative body and keep and
enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made
pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute
book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have
occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may,
but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose
members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed
under subdivision (a).
(Amended by Stats. 1981, Ch. 968, Sec. 31.)
(a) Notwithstanding Section 6255 or any other law, agendas of public meetings and any other writings,
when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in
connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable
public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1), and shall be made available upon request without delay. However, this section shall not include any writing
exempt from public disclosure under Section 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, 6254.22, or
6254.26.
(b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open
session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that
meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing
is distributed to all, or a majority of all, of the members of the body.
(2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office
or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or
location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the
writing on the local agency’s Internet Web site in a position and manner that makes it clear that the writing relates
to an agenda item for an upcoming meeting.
(3) This subdivision shall become operative on July 1, 2008.
(c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be
made available for public inspection at the meeting if prepared by the local agency or a member of its legislative
body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate
alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
thereof.
(d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or
deposit for a copy of a public record pursuant to Section 6253, except that a surcharge shall not be imposed on
persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12132), and the federal rules and regulations adopted in implementation thereof.
(e) This section shall not be construed to limit or delay the public’s right to inspect or obtain a copy of any record
required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).This chapter shall not be construed to require a legislative body of a local
agency to place any paid advertisement or any other paid notice in any publication.
(Amended by Stats. 2013, Ch. 326, Sec. 1. (AB 382) Effective January 1, 2014.)
(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed
sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or
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54957.7.
54957.8.
54957.9.
compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for
represented employees, any other matter within the statutorily provided scope of representation.
However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in
which it identifies its designated representatives.
Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of
reviewing its position and instructing the local agency’s designated representatives.
Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with
representatives of employee organizations and unrepresented employees.
Closed sessions with the local agency’s designated representative regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits may include discussion of an agency’s available funds and funding
priorities, but only insofar as these discussions relate to providing instructions to the local agency’s designated
representative.
Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or
more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state
conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term “employee” shall include an officer or an independent contractor who
functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or
other independent contractors.
(Amended by Stats. 1998, Ch. 260, Sec. 5. Effective January 1, 1999.)
(a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open
meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to
the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body
may consider only those matters covered in its statement. Nothing in this section shall require or authorize a
disclosure of information prohibited by state or federal law.
(b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall
make any disclosures required by Section 54957.1 of action taken in the closed session.
(c) The announcements required to be made in open session pursuant to this section may be made at the location
announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the
purpose of hearing the announcements.
(Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
(a) For purposes of this section, “multijurisdictional law enforcement agency” means a joint powers entity
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law
enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity
involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology,
computer, or identity theft; human trafficking; or vehicle theft.
(b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law
enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed
sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement
agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation,
and to discuss courses of action in particular cases.
(Amended by Stats. 2006, Ch. 427, Sec. 1. Effective September 22, 2006.)
In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the
orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are
willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the
meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a
session. Representatives of the press or other news media, except those participating in the disturbance, shall be
allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body
from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the
orderly conduct of the meeting.
(Amended by Stats. 1981, Ch. 968, Sec. 34.)
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54957.10.
54958.
54959.
54960.
54960.1.
Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions
to discuss a local agency employee’s application for early withdrawal of funds in a deferred compensation plan when
the application is based on financial hardship arising from an unforeseeable emergency due to illness, accident,
casualty, or other extraordinary event, as specified in the deferred compensation plan.
(Added by Stats. 2001, Ch. 45, Sec. 1. Effective January 1, 2002.)
The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the
conflicting provisions of any other state law.
(Added by Stats. 1953, Ch. 1588.)
Each member of a legislative body who attends a meeting of that legislative body where action is taken in
violation of any provision of this chapter, and where the member intends to deprive the public of information to
which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
(Amended by Stats. 1994, Ch. 32, Sec. 18. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.)
(a) The district attorney or any interested person may commence an action by mandamus, injunction, or
declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by
members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions
or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of
the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body
to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws
of this state or of the United States, or to compel the legislative body to audio record its closed sessions as
hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95,
54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings
for the period and under the terms of security and confidentiality the court deems appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title
of the clerk or other officer who shall be custodian of the recording.
(2) The audio recordings shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the
plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has
occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or
disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency
that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section
1005 of the Code of Civil Procedure.
(B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of
the following:
(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or
disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of
the recording.
(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has
occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have
violated the act.
(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be
likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its
discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding.
(5) This section shall not permit discovery of communications that are protected by the attorney-client privilege.
(Amended by Stats. 2012, Ch. 732, Sec. 1. (SB 1003) Effective January 1, 2013.)
(a) The district attorney or any interested person may commence an action by mandamus or injunction for
the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in
violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section.
Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
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54960.2.
(b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall
make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of
Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing and clearly describe
the challenged action of the legislative body and nature of the alleged violation.
(c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was
taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within
30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and
inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its
decision not to cure or correct the challenged action.
(3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to
cure or correct the challenged action, and the 15-day period to commence the action described in subdivision (a)
shall commence to run the day after the 30-day period to cure or correct expires.
(4) Within 15 days of receipt of the written notice of the legislative body’s decision to cure or correct, or not to cure
or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the
demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from
commencing the action.
(d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6,
54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and
54956.5.
(2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness
or any contract, instrument, or agreement thereto.
(3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than
compensation for services in the form of salary or fees for professional services, upon which a party has, in good
faith and without notice of a challenge to the validity of the action, detrimentally relied.
(4) The action taken was in connection with the collection of any tax.
(5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging
noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect,
error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of
business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant
to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed
pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to
Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant
to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953,
54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the
legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(f ) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this
section shall not be construed or admissible as evidence of a violation of this chapter.
(Amended by Stats. 2002, Ch. 454, Sec. 23. Effective January 1, 2003.)
(a) The district attorney or any interested person may file an action to determine the applicability of this
chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following
conditions are met:
(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist
letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the
violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the
agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that
agency, clearly describing the past action of the legislative body and nature of the alleged violation.
(2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months
of the alleged violation.
(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision
(b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).
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(4) Within 60 days of receipt of the legislative body’s response to the cease and desist letter, other than an
unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which
the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the
party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960
or thereafter be barred from commencing the action.
(b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30
days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an
unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that
in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought
pursuant to this section, in accordance with Section 54960.5.
(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to
cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in
substantially the following form:
To ______________________:
The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following
described past action of the legislative body violates the Ralph M. Brown Act:
[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]
In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of
legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past
action as described above.
The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in
open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act Commitment.” You
will be provided with written notice, sent by any means or media you provide in response to this message, to
whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days
before any such regular meeting. In the event that this commitment is rescinded, you will have the right to
commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be
delivered to you by the same means as this commitment, or may be mailed to an address that you have designated
in writing.
Very truly yours,
________________________________________________
[Chairperson or acting chairperson of the legislative body]
(2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open
session at a regular or special meeting as a separate item of business, and not on its consent agenda.
(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the
legislative body for which the legislative body has provided an unconditional commitment pursuant to this
subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past
action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has
provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice.
Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any
interested person to commence an action to determine the applicability of this chapter to ongoing actions or
threatened future actions of the legislative body.
(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment
shall not be construed or admissible as evidence of a violation of this chapter.
(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body
shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as
provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter,
without regard to whether the challenged action would otherwise violate this chapter. An action alleging past
violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section
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54960.5.
54961.
54962.
54963.
54960, without regard to the procedural requirements of this section.
(e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a
majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its
consent agenda, and noticed on its posted agenda as “Rescission of Brown Act Commitment,” provided that not less
than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the
rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon
rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of
Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960,
without regard to the procedural requirements of this section.
(Added by Stats. 2012, Ch. 732, Sec. 2. (SB 1003) Effective January 1, 2013.)
A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant
to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this
chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a
legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that
section at any time after the 30-day period for making such a commitment has expired, the court shall award court
costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the
unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal
liability of any public officer or employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to
Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court
finds that the action was clearly frivolous and totally lacking in merit.
(Amended by Stats. 2012, Ch. 732, Sec. 3. (SB 1003) Effective January 1, 2013.)
(a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the
admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section
11135, or which is inaccessible to disabled persons, or where members of the public may not be present without
making a payment or purchase. This section shall apply to every local agency as defined in Section 54951.
(b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged
victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed.
(Amended by Stats. 2007, Ch. 568, Sec. 35. Effective January 1, 2008.)
Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health
and Safety Code, or by Sections 37606, 37606.1, and 37624.3 of the Government Code as they apply to hospitals,
or by any provision of the Education Code pertaining to school districts and community college districts, no closed
session may be held by any legislative body of any local agency.
(Amended by Stats. 2006, Ch. 157, Sec. 2. Effective January 1, 2007.)
(a) A person may not disclose confidential information that has been acquired by being present in a closed
session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or
54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential
information.
(b) For purposes of this section, “confidential information” means a communication made in a closed session that is
specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this
chapter.
(c) Violation of this section may be addressed by the use of such remedies as are currently available by law,
including, but not limited to:
(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.
(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this
section.
(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this
section to the grandjury.
(d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has
either received training as to the requirements of this section or otherwise has been given notice of the
requirements of this section.
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(e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a
violation of this section, for doing any of the following:
(1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of
law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an
action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject
of deliberation at a closed session if that action were to be taken by a legislative body of a local agency.
(2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency
in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action.
(3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential
information.
(f ) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in
Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code.
(Added by Stats. 2002, Ch. 1119, Sec. 1. Effective January 1, 2003.)
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Summary of the Major Provisions and Requirements
of the Ralph M. Brown Act
The Ralph M. Brown Act is California's “sunshine” law for local government. It is found in the California Government
Code beginning at Section 54950. In a nutshell, it requires local government business to be conducted at open and public
meetings, except in certain limited situations. The Brown Act is based upon state policy that the people must be informed
so they can keep control over their government.
A. Application of the Brown Act to “Legislative Bodies”
The requirements of the Brown Act apply to “legislative bodies” of local governmental agencies. The term “legislative body”
is defined to include the governing body of a local agency (e.g., the city council) and any commission, committee, board or
other body of the local agency, whether permanent or temporary, decision-making or advisory, that is created by formal
action of a legislative body (Section 54952).
Standing committees of a legislative body, which consist solely of less than a quorum of the body, are subject to the
requirements of the Act. Some common examples include the finance, personnel, or similar policy subcommittees
of the city council or other city legislative body that have either some “continuing subject matter jurisdiction” or a
meeting schedule fixed by formal action of the legislative body. Standing committees exist to make routine and regular
recommendations on a specific subject matter, they survive resolution of any one issue or matter, and are a regular part of
the governmental structure.
The Brown Act does not apply to ad hoc committees consisting solely of less than a quorum of the legislative body,
provided they are composed solely of members of the legislative body and provided that these ad hoc committees do
not have some “continuing subject matter jurisdiction,” and do not have a meeting schedule fixed by formal action of a
legislative body. Thus, ad hoc committees would generally serve only a limited or single purpose, they are not perpetual
and they are dissolved when their specific task is completed.
Standing committees may, but are not required to, have regular meeting schedules. Even if such a committee does not have
a regular meeting schedule, its agendas should be posted at least 72 hours in advance of the meeting (Section 54954.2). If
this is done, the meeting is considered to be a regular meeting for all purposes. If not, the meeting must be treated as a
special meeting, and all of the limitations and requirements for special meetings apply.
The governing boards of private entities are subject to the Brown Act if either of the following applies: (i) the private entity
is created by an elected legislative body to exercise lawfully delegated authority of the public agency, or (ii) the private
entity receives funds from the local agency and the private entity's governing body includes a member of the legislative
body who was appointed by the legislative body (Section 54952).
The Brown Act also applies to persons who are elected to serve as members of a legislative body of a local agency who have
not yet assumed the duties of office (Section 54952.1). Under this provision, the Brown Act is applicable to newly elected,
but not-yet-sworn-in councilmembers.
B. Meetings
The central provision of the Brown Act requires that all “meetings” of a legislative body be open and public. The Brown Act
definition of the term “meeting” (Section 54952.2) is a very broad definition that encompasses almost every gathering of a
majority of Council members and includes:
“Any congregation of a majority of members of a legislative body at the same time and place to hear, discuss, or deliberate
upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains.”
In plain English, this means that a meeting is any gathering of a majority of members to hear or discuss any item of city
business or potential city business.
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There are six specific types of gatherings that are not subject to the Brown Act. We refer to the exceptions as: (1) the
individual contact exception; (2) the seminar and conference exception; (3) the community meeting exception; (4) the other
legislative body exception; (5) the social or ceremonial occasion exception; and (6) the standing committee exception.
Unless a gathering of a majority of members falls within one of the exceptions discussed below, if a majority of members
are in the same room and merely listen to a discussion of city business, then they will be participating in a Brown Act
meeting that requires notice, an agenda, and a period for public comment.
1. The individual contact exception
Conversations, whether in person, by telephone or other means, between a member of a legislative body and any other
person do not constitute a meeting (Section 54952.2(c)(1)). However, such contacts may constitute a “serial meeting” in
violation of the Brown Act if the individual also makes a series of individual contacts with other members of the legislative
body serving as an intermediary among them. An explanation of what constitutes a “serial meeting” follows below.
2. The seminar and conference exception
The attendance by a majority of members at a seminar or conference or similar educational gathering is also generally
exempt from Brown Act requirements (Section 54952.2 (c)(2)). This exception, for example, would apply to attendance at a
California League of Cities seminar. However, in order to qualify under this exception, the seminar or conference must be
open to the public and be limited to issues of general interest to the public or to cities. Finally, this exception will not apply
to a conference or seminar if a majority of members discuss among themselves items of specific business relating to their
own city, except as part of the program.
3.. The community meeting exception
The community meeting exception allows members to attend neighborhood meetings, town hall forums, chamber of
commerce lunches or other community meetings sponsored by an organization other than the city at which issues of local
interest are discussed (Section 54952.2(c)(3)). However, members must observe several rules that limit this exception.
First, in order to fall within this exception, the community meeting must be “open and publicized.” Therefore, for example,
attendance by a majority of a body at a homeowners association meeting that is limited to the residents of a particular
development and only publicized among members of that development would not qualify for this exemption. Also, as with
the other exceptions, a majority of members cannot discuss among themselves items of city business, except as part of the
program.
4. The other legislative body exception
This exception allows a majority of members of any legislative body to attend meetings of other legislative bodies of the
city or of another jurisdiction (such as the county or another city) without treating such attendance as a meeting of the
body (Section 54952.2(c)(4)). Of course, as with other meeting exceptions, the members are prohibited from discussing city
business among themselves except as part of the scheduled meeting.
5. The social or ceremonial occasion exception
As has always been the case, Brown Act requirements do not apply to attendance by a majority of members at a purely
social or ceremonial occasion provided that a majority of members do not discuss among themselves matters of public
business (Section 54942.2(c)(5)).
6. The standing committee exception
This exception allows members of a legislative body, who are not members of a standing committee of that body, to attend
an open and noticed meeting of the standing committee without making the gathering a meeting of the full legislative
body itself. The exception is only applicable if the attendance of the members of the legislative body who are not standing
committee members would create a gathering of a majority of the legislative body; if not, then there is no "meeting." If
their attendance does establish a quorum of the parent legislative body, the members of the legislative body who are not
members of the standing committee may only attend as “observers” (Section 54952.2(c)(6)). This means that members of
the legislative body who are not members of the standing committee should not speak at the meeting, sit in their usual seat
on the dias or otherwise participate in the standing committee's meeting.
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With a very few exceptions, all meetings of a legislative body must occur within the boundaries of the local governmental
agency (Section 54954). Exceptions to this rule which allow the City Council to meet outside the City include meeting
outside the jurisdiction to comply with a court order or attend a judicial proceeding, to inspect real or personal property,
to attend a meeting with another legislative body in that other body's jurisdiction, to meet with a state or federal
representative to discuss issues affecting the local agency over which the other officials have jurisdiction, to meet in a
facility outside of, but owned by, the local agency, or to visit the office of the local agency's legal counsel for an authorized
closed session. These are meetings and in all other respects must comply with agenda and notice requirements.
“Teleconferencing” may be used as a method for conducting meetings whereby members of the body may be counted
towards a quorum and participate fully in the meeting from remote locations (Section 54953(b)). The following
requirements apply: the remote locations may be connected to the main meeting location by telephone, video or both; the
notice and agenda of the meeting must identify the remote locations; the remote locations must be posted and accessible
to the public; all votes must be by roll call; and the meeting must in all respects comply with the Act, including participation
by members of the public present in remote locations. A quorum of the legislative body must participate from locations
within the jurisdiction, but other members may participate from outside the jurisdiction. No person can compel the
legislative body to allow remote participation. The teleconferencing rules only apply to members of the legislative body;
they do not apply to staff members, attorneys or consultants who can participate remotely without following the posting
and public access requirements.
All actions taken by the legislative body in open session and the vote of each member thereon must be disclosed to the
public at the time the action is taken. (Section 54953(c)(2)).
C.Serial Meetings
In addition to regulating all gatherings of a majority of members of a legislative body, the Brown Act also addresses some
contacts between individual members of legislative bodies. On the one hand, the Brown Act specifically states that nothing
in the Act is intended to impose Brown Act requirements on individual contacts or conversations between a member of
a legislative body and any other person (Section 54952.2(c)(1)). However, the Brown Act also prohibits a series of such
individual contacts if they result in a “serial meeting” (Section 54952.2(b)).
Section 54952.2(b)(1) prohibits a majority of members of a legislative body outside of a lawful meeting from directly or
indirectly using a series of meetings to discuss, deliberate or take action on any item of business within the subject matter
jurisdiction of the body. Paragraph (b)(2) expressly provides that substantive briefings of members of a legislative body by
staff are permissible, as long as staff does not communicate the comments or positions of members to any other members.
A serial meeting is a series of meetings or communications between individuals in which ideas are exchanged among a
majority of a legislative body (i.e., three council members) through either one or more persons acting as intermediaries
or through use of a technological device (such as a telephone answering machine, or e-mail or voice mail), even though a
majority of members never gather in a room at the same time. Serial meetings commonly occur in one of two ways; either
a staff member, a member of the body, or some other person individually contacts a majority of members of a body and
shares ideas among the majority (“I’ve talked to Councilmembers A and B and they will vote ‘yes.’ Will you?”) or, without
the involvement of a third person, member A calls member B, who then calls member C, and so on, until a majority of the
body has reached a collective concurrence on a matter.
We recommend the following guidelines be followed to avoid inadvertent violation of the serial meeting rule. These rules
of conduct apply only when a majority of a legislative body is involved in a series of contacts or communications. The
types of contacts considered include contacts with local agency staff members, constituents, developers, lobbyists and
other members of the legislative body.
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1. Contacts with staff
Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on
items of local agency business. To avoid an illegal serial meeting through a staff briefing:
a. Individual briefings of a majority of members of a legislative body should be “unidirectional,” in that information
should flow from staff to the member and the member's participation should be limited to asking questions and acquiring
information. Otherwise, multiple members could separately give staff direction thereby causing staff to shape or modify
its ultimate recommendations in order to reconcile the views of the various members, resulting in an action outside a
meeting.
b. Members should not ask staff to describe the views of other members of the body, and staff should not volunteer
those views if known.
c. Staff may present its viewpoint to the member, but should not ask for the member's views and the member
should avoid providing his or her views unless it is absolutely clear that the staff member is not discussing the matter with
a quorum of the legislative body.
2. Contacts with constituents, developers and lobbyists
As with staff, a constituent or lobbyist can also inadvertently become an intermediary who causes an illegal serial meeting.
Constituents' unfamiliarity with the requirements of the Act aggravate this potential problem because they may expect a
member of a legislative body to be willing to commit to a position in a private conversation in advance of a meeting. To
avoid serial meetings via constituent conversations:
a. First, state the ground rules “up front.” Ask if the constituent has or intends to talk with other members of the
body about the same subject; if so, make it clear that the constituent should not disclose the views of other members
during the conversation.
b. Explain to the constituent that you will not make a final decision on a matter prior to the meeting. For example:
“State law prevents me from giving you a commitment outside a meeting. I will listen to what you have to say and give it
consideration as I make up my mind.”
c. Do more listening and asking questions than expressing opinions.
d. If you disclose your thoughts about a matter, counsel the constituent not to share them with other members of
the legislative body.
3. Contacts with fellow members of the same legislative body
Direct contacts concerning local agency business with fellow members of the same legislative body, whether through
face-to-face or telephonic conversations, notes or letters, electronic mail or staff members, are the most obvious means
by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from
discussing items of agency business with another member of the body outside of a meeting; as long as the communication
does not involve a quorum of the body, no “meeting” has occurred. There is, however, always the risk that one participant
in the communication will disclose the views of the other participant to a third or fourth member, creating an illegal
serial meeting. Therefore, we recommend you avoid discussing local agency business with a quorum of the body or
communicating the views of other members outside a meeting.
These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquisition of important
information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports
with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given
situation, please ask for advice.
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D. Notice and Agenda Requirements
Two key provisions of the Brown Act that ensure that the public's business is conducted openly are the requirements that
legislative bodies post agendas prior to their meetings (Sections 54954.2, 54955 and 54956) and that no action or discussion
may occur on items or subjects not listed on the posted agenda (Section 54954.2(a)(2)). Limited exceptions to the rule
against discussing or taking action on an item not on a posted agenda are discussed below.
Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for
holding regular meetings (Section 54954(a)). Meeting agendas must contain a brief general description of each item of
business to be transacted or discussed at the meeting (Section 54954.2(a)). The description need not exceed 20 words.
Each agenda must be posted in a place that is freely accessible to the public and must be posted on the agency’s website,
if it has one. After January 1, 2019, additional online posting requirements apply. Agenda posting requirements differ
depending on the type of meeting to be conducted.
If the meeting is a “regular meeting” of the legislative body (i.e., occurs on the body’s regular meeting day, without a special
meeting call), the agenda must be posted 72 hours in advance of the meeting (Section 54954.2(a)). For “special meetings,”
the “call” of the meeting and the agenda (which are typically one and the same) must be posted at least 24 hours prior to
the meeting (Section 54956). Each member of the legislative body must personally receive written notice of the special
meeting either by personal delivery or by “any other means” (such as fax, electronic mail or U.S. mail) at least 24 hours
before the time of the special meeting, unless they have previously waived receipt of written notice. Members of the
press (including radio and television stations) and other members of the public can also request written notice of special
meetings and if they have, that notice must be given at the same time notice is provided to members of the legislative
body. A special meeting may not be held to discuss salaries, salary schedules or compensation paid in the form of fringe
benefits of a local agency “executive” as defined in Government Code section 3511(d). However, the budget may be
discussed in a special meeting. Section 54956(b).
Both regular and special meetings may be adjourned to another time. Notices of adjourned meetings must be posted on
the door of the meeting chambers where the meeting occurred within 24 hours after the meeting is adjourned (Section
54955). If the adjourned meeting occurs more than five days after the prior meeting, a new agenda for that adjourned
meeting must be posted 72 hours in advance of the adjourned meeting (Section 54954.2(b)(3)).
The Brown Act requires the local agency to mail the agenda or the full agenda packet to any person making a written
request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. The
agency may charge a fee to recover its costs of copying and mailing. Any person may make a standing request to receive
these materials, in which event the request must be renewed annually. Failure by any requestor to receive the agenda does
not constitute grounds to invalidate any action taken at a meeting (Section 54954.1).
If materials pertaining to a meeting are distributed less than 72 hours before the meeting, they must be made available to
the public as soon as they are distributed to the members of the legislative body. Further, the agenda for every meeting of
a legislative body must state where a person may obtain copies of materials pertaining to an agenda item delivered to the
legislative body within 72 hours of the meeting. (Section 54957.5).
A legislative body that has convened a meeting and whose membership is a quorum of another legislative body (for
example, a city council that also serves as the governing board of a housing authority) may convene a meeting of that
other legislative body, concurrently or in serial order, only after an oral announcement of the amount of compensation or
stipend, if any, that each member will receive as a result of convening the second body. No announcement need be made if
the compensation is set by statute or if no additional compensation is paid to the members. (Section 54952.3(a)).
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E. Public Participation
1. Regular Meetings
The Brown Act mandates that agendas for regular meetings allow for two types of public comment periods. The first is a
general audience comment period, which is the part of the meeting where the public can comment on any item of interest
that is within the subject matter jurisdiction of the local agency. This general audience comment period may come at any
time during a meeting (Section 54954.3).
The second type of public comment period is the specific comment period pertaining to items on the agenda. The Brown
Act requires the legislative body to allow these specific comment periods on agenda items to occur prior to or during the
City Council's consideration of that item (Section 54954.3).
Some public entities accomplish both requirements by placing a general audience comment period at the beginning of the
agenda where the public can comment on agenda and non-agenda items. Other public entities provide public comment
periods as each item or group of items comes up on the agenda, and then leave the general public comment period to the
end of the agenda. Either method is permissible, though public comment on public hearing items must be taken during the
hearing. Caution should also be taken with consent calendars. The body should have a public comment period for consent
calendar items before the body acts on the consent calendar, unless it permits members of the audience to “pull” items
from the calendar.
The Brown Act allows a body to preclude public comments on an agenda item in one situation, where the item was
considered by a committee of the body which held a meeting where public comments on that item were allowed. So, if
the body has standing committees (which are required to have agendized and open meetings with an opportunity for the
public to comment on items on that committee's agenda) and the committee has previously considered an item, then at
the time the item comes before the full body, the body may choose not to take additional public comments on that item.
However, if the version presented to the body is different from the version presented to, and considered by, the committee,
the public must be given another opportunity to speak on that item at the meeting of the full body (Section 54954.3).
2. Public Comments at Special Meetings
The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to
address the body concerning any item listed on the agenda prior to the body's consideration of that item (Section 54954.3).
Unlike regular meetings, in a special meeting the body does not have to allow public comment on any non-agenda matter.
3. Limitations on the Length and Content of the Public's Comments
A legislative body may adopt reasonable regulations limiting the total amount of time allocated to each person for public
testimony. For example, typical time limits restrict speakers to three or five minutes. A legislative body may also adopt
reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as
a zoning ordinance or other regulatory ordinance (Section 54954.3(b)). However, we do not recommend setting total
time limits per item for any quasi-judicial matter such as a land use application or business license or permit application
hearing. Application of a total time limit to a quasi-judicial matter could result in a violation of the due process rights of
those who were not able to speak to the body during the time allotted.
The Act precludes the body from prohibiting public criticism of the policies, procedures, programs, or services of the
agency or the acts or omissions of the city council (Section 54954.3 (c)). This does not mean that a member of the public
may say anything. If the topic of the public's comments is not within the subject matter jurisdiction of the agency, the
member of the public can be cut off.
The body also may adopt reasonable rules of decorum for its meetings which preclude a speaker from disrupting,
disturbing or otherwise impeding the orderly conduct of public meetings. Also, the right to publicly criticize a public
official does not include the right to slander that official, though the line between criticism and slander is often difficult to
determine in the heat of the moment. Care must be given to avoid violating the speech rights of speakers by suppressing
opinions relevant to the business of the body.
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The use of profanity may be a basis for stopping a speaker. However, it will depend upon what profane words or comments
are made and the context of those comments in determining whether it rises to the level of impeding the orderly conduct
of a meeting. While terms such as “damn” and “hell” may have been disrupting words thirty years ago, today's standards
seem to accept a stronger range of foul language. Therefore, if the chair is going to rule someone out of order for
profanity, the chair should make sure the language is truly objectionable and that it causes a disturbance or disruption in
the proceeding before the chair cuts off the speaker.
4. Discussion of Non-Agenda Items
A body may not take action or discuss any item that does not appear on the posted agenda (Section 54954.2).
There are two exceptions to this rule. The first is if the body determines by majority vote that an emergency situation
exists. The term “emergency” is limited to work stoppages or crippling disasters (Section 54956.5). The second exception
is if the body finds by a two-thirds vote of those present, or if less than two-thirds of the body is present, by unanimous
vote, that there is a need to take immediate action on an item and the need for action came to the attention of the local
agency subsequent to the posting of the agenda (Section 54954.2 (b)). This means that if four members of a five-member
body are present, three votes are required to add the item; if only three are present, a unanimous vote is required.
In addition to these exceptions, there are several limited exceptions to the no discussion on non-agenda items rule. Those
exceptions are:
• Members of the legislative body or staff may briefly respond to statements made or questions posed by persons during
public comment periods;
• Members or staff may ask questions for clarification and provide a reference to staff or other resources for factual
information;
• Members or staff may make a brief announcement, ask a question or make a brief report on his or her own activities;
• Members may, subject to the procedural rules of the legislative body, request staff to report back to the legislative body
at a subsequent meeting concerning any matter; and
• The legislative body may itself as a body, subject to the rules of procedures of the legislative body, take action to direct
staff to place a matter of business on a future agenda.
The body may not discuss non-agenda items to any significant degree under these exceptions. The comments must be
brief. These exceptions do not allow long or wide-ranging question and answer sessions between the public and city
council or between legislative body and staff.
When the body is considering whether to direct staff to add an item to a subsequent agenda, these exceptions do not allow
the body to discuss the merits of the matter or to engage in a debate about the underlying issue.
To protect the body from problems in this area, legislative bodies may wish to adopt a rule that any one member may
request an item to be placed on a subsequent agenda, so that discussion of the merits of the issue can be easily avoided. If
the legislative body does not wish to adopt this rule, then the body's consideration and vote on the matter must take place
with virtually no discussion.
It is important to follow these exceptions carefully and interpret them narrowly because the city would not want to have an
important and complex action tainted by a non-agendized discussion of the item.
5. The public's right to photograph, videotape, tape-record and broadcast open meetings
The public has the right to videotape or broadcast a public meeting or to make a motion picture or still camera record of
such meeting (Section 54953.5). However, a body may prohibit or limit recording of a meeting if the body finds that the
recording cannot continue without noise, illumination, or obstruction of a view that constitutes, or would constitute, a
disruption of the proceedings (Section 54953.5). These grounds would appear to preclude a finding based on nonphysical
grounds such as breach of decorum or mental disturbance.
Any audio or video tape record of an open and public meeting that is made, for whatever purpose, by or at the direction of
the city is a public record and is subject to inspection by the public consistent with the requirements of the Public Records
Act. The city must not destroy the tape or film record of the open and public meeting for at least 30 days following the
date of the taping or recording. Inspection of the audiotape or videotape must be made available to the public for free on
equipment provided by the city (Section 54953.5).
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Any audio or video tape record of an open and public meeting that is made, for whatever purpose, by or at the direction of
the city is a public record and is subject to inspection by the public consistent with the requirements of the Public Records
Act. The city must not destroy the tape or film record of the open and public meeting for at least 30 days following the
date of the taping or recording. Inspection of the audiotape or videotape must be made available to the public for free on
equipment provided by the city (Section 54953.5).
If a member of the public requests a duplicate of the audio or videotape, the city must provide such copy. If the city has an
audiotape or videotape duplication machine, the city must provide the copy on its own machine. If the city does not have
such a machine, the city must send it out to a business that can make a copy. The city may charge a fee to cover the cost of
duplication.
The Brown Act requires written material distributed to a majority of the body by any person to be provided to the public
without delay. If the material is distributed during the meeting and prepared by the local agency, it must be available
for public inspection at the meeting. If it is distributed during the meeting by a member of the public, it must be made
available for public inspection after the meeting (Section 54957.5).
One problem in applying this rule arises when written materials are distributed directly to a majority of the body without
knowledge of City staff, or even without the members knowing that a majority has received it. The law still requires these
materials to be treated as public records. Thus, it is a good idea for at least one member of the body to ensure that staff
gets a copy of the document so that copies can be made for the city’s records and for members of the public who request a
copy.
F. Closed Sessions
The Brown Act allows a legislative body during a meeting to convene a closed session in order to meet privately with its
advisors on specifically enumerated topics. Sometimes people refer to closed sessions as “executive sessions,” a holdover
term from the Brown Act's early days. Examples of business which may be conducted in closed session include personnel
evaluations or labor negotiations, pending litigation, and real estate negotiations (See Sections 54956.7 through 54957 and
Sections 54957.6 and 54957.8). Political sensitivity of an item is not a lawful reason for a closed session discussion.
The Brown Act requires that closed session business be described on the public agenda. And, there is a “bonus” of sorts for
using prescribed language to describe litigation closed sessions in that legal challenges to the adequacy of the description
are precluded (Section 54954.5). This so-called “safe harbor” encourages cities to use a very similar agenda format. The
legislative body must identify the City's negotiator in open session before going into closed session to discuss either real
estate negotiations or labor negotiations.
The legislative body must reconvene the public meeting after a closed session and publicly report specified closed session
actions and the vote taken on those actions (Section 54957.1). There are limited exceptions for certain kinds of litigation
decisions, and to protect the victims of sexual misconduct or child abuse.
Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be
provided at the time the closed session ends to any person who has made a standing request for all documentation in
connection with a request for notice of meetings (typically members of the media) and to any person who makes a request
within 24 hours of the posting of the agenda, if the requestor is present when the closed session ends (Section 54957.1).
The Brown Act also includes detailed requirements describing when litigation is considered “pending” for the purposes of a
closed session (Section 54956.9). These requirements involve detailed factual determinations that will probably be made in
the first instance by the City Attorney.
Roberts v. City of Palmdale, 5 Cal.4th 363 (1993), a California Supreme case, affirms the confidentiality of attorney-client
memoranda. See also Section 54956.9(b)(3)(F) with respect to privileged communications regarding pending litigation.
Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the
agenda and the public can be present when the meeting first begins. Moreover, public comment on closed session items
must be allowed before convening the closed session.
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One perennial area of confusion is whether a body may discuss salary and benefits of an individual employee (such as a city
manager) as part of an evaluation session under Section 54957. It may not. However, the body may designate a negotiator
to negotiate with that employee and meet with its negotiator in closed session under Section 54957.6 to provide directions.
The employee in question may not be present in such a closed session.
G. Enforcement
There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include
injunctions against further violations, orders nullifying any unlawful action, and orders determining the validity of any rule
to penalize or discourage the expression of a member of the legislative body (Section 54960.1). The provision relating to
efforts to penalize expression may come up in the context of measures by the legislative body to censure or penalize one
of its members for breaching confidentiality or other violations. This area of law is charged with difficult free speech and
attorney-client privilege issues. The tape recording of closed sessions is not required unless the court orders such taping
after finding a closed session violation (Section 54960).
Prior to filing suit to invalidate an action taken in violation of the Brown Act, the complaining party must make a written
demand on the legislative body to cure or correct the alleged violation. The written demand must be made within 90
days after the challenged action was taken in open session unless the violation involves the agenda requirements under
Section 54954.2, in which case the written demand must be made within 30 days. The legislative body is required to cure
or correct the challenged action and inform the party who filed the demand of its correcting actions, or its decision not
to cure or correct, within 30 days. A suit must be filed by the complaining party within 15 days after receipt of the written
notice from the legislative body, or if there is no written response, within 15 days after the 30-day cure period expires.
Any person may also seek declaratory and injunctive relief to find a past practice of a legislative body to constitute a
violation of the Brown Act (Section 54960). In order to do so, the person must first send a “cease and desist” letter to the
local agency, requesting that the practice cease. If the agency replies within a designated time, and disavows the practice,
no lawsuit may be initiated. However, if the agency fails to reply or declares its intent to continue the practice, the lawsuit
seeking to declare the practice a violation of the Brown Act may be filed, and attorney fees will be granted in the event the
practice is found to violate the Act.
A member of a legislative body will not be criminally liable for a violation of the Brown Act unless the member intends to
deprive the public of information to which the member knows or has reason to know the public is entitled under the Brown
Act (Section 54959). This standard became effective in 1994 and is a different standard from most criminal standards. Until
it is applied and interpreted by a court, it is not clear what type of evidence will be necessary to prosecute a Brown Act
violation.
Under Section 54963, it is a violation of the Brown Act for any person to disclose confidential information acquired
in a closed session. This section enumerates several nonexclusive remedies available to punish persons making such
disclosures and to prevent future disclosures.
H. Conclusion
The Brown Act contains many rules and some ambiguities; it can be confusing and compliance can be difficult. In the event
that you have any questions regarding any provision of the law, you should contact your City Attorney.
Please contact either of today's presenters if you would like more details on these issues and how your agency can address
them:
OFFICES ACROSS CALIFORNIA AND IN WASHINGTON, D.C. www.BBKlaw.com 9
Lauren Langer
(310) 643-8448
Lauren.Langer@bbklaw.com
Trevor Rusin
(310) 643-8448
Trevor.Rusin@bbklaw.com
Library Board of Trustees, March 3, 2021, pg. 86