ABSTRACT: During Announcements from City Council members at the 3 November 2009 City Council Meeting, Mayor Sue McCloud announced that “an ad hoc Centennial Committee for Forest Theater is being formed.” Ad Hoc Advisory Committees are not covered by the Open Meetings Laws of the State of California, (Government Code §§ 54950-54962, the Brown Act); therefore, meetings are not required to be “open and public.” The members of the Forest Theater Centennial Committee are presented.
Forest Theater Centennial Committee
Phil Arnold
Lacy Buck
Walt deFaria, Administrative Consultant Pacific Repertory Theatre (PacRep Theatre)
Nick Hovick, Children's Experimental Theatre Artistic Director & Board Member (CET)
Donna Jett
Safwat Malek, Architect, Forest Theater Guild Board of Directors
Rose McLendon, Local History Librarian
Sharon Meresman
Stephen Moorer
Founder/Executive Director Pacific Repertory Theatre (PacRep Theatre)
Tom Parks
Ruth Rachel
Marcia Kuster Rider
Niels Reimers, Mechanical Engineer
Megan Terry
Kim Weston
Susan Willey
Sue McCloud (Mayor)
Molly Laughlin, Deputy City Clerk (Staff)
ADDENDUM:
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 54952
As used in this chapter, "legislative body" means:
(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.
3 comments:
The celebration for the Forest Theater should be a celebration where the public feels we have had input in the crafting of the event. Here, with secret meetings, a few people will set the agenda for the celebration, the few, not the many. This is not the way to get support for the event or to get people to donate towards the costs of renovation.
We want our government back and I hope voters will vote for Adam and Jason for more openness and transparency.
Do I misunderstand? Are all these names actually members of the ad hoc committee? If so, such a committee is not exempt from the Brown Act. Only committees made of less-than-a-quorum of the legislative body are exempt under sect. 54952. Any additional members, outside of members of the legislative body, would make this an advisory committee subject to the requirements of the Brown Act (open meetings, posted agendas, etc.).
The City furnished these names as members of the Committee.
Ad Hoc Committees have three distinct characteristics: (1) they are composed solely of the members of the legislative body that are less than a quorum of the legislative body (2) are not subject to the Brown Act, and (3) do not have a continuing subject matter jurisdiction or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. § 54952 (b).
Interpretation: A committee of less than a quorum of Council members means for a five member council only 1 or 2 council members could serve; members of the public can be selected to serve on an ad hoc committee.
Additionally, recall the mayor's creation of the Ad Hoc Management and Ad Hoc Finance Committees for the Sunset Center prior to the installation of SCC-also not technically subject to the Brown Act-there were members of the public on those two committees and their meetings were not open to the public.
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