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Brown Act Compliance Policy

 Purpose

The Foresthill Fire Protection District (“District”) Board of Directors (“Board”) shall conduct its meetings in accordance with the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.), which requires that the deliberations and actions of local legislative bodies be conducted openly and with full opportunity for public participation.

 

Agendas

Preparation of Agendas

Administrative staff, in cooperation with the Board Chair, shall prepare an agenda for each Regular and Special meeting of the Board in accordance with the Brown Act.

Any Director may request that an item be placed on the agenda by contacting the Administrative staff. Directors are encouraged to submit agenda requests at least fourteen (14) business days prior to the meeting whenever possible to allow adequate time for preparation of supporting materials.

Public Requests for Agenda Items

Any member of the public may request that a matter directly related to District business be placed on the agenda of a regularly scheduled Board meeting, subject to the following conditions:

  1. The request must be submitted in writing to the Administrative staff and include any supporting documentation or information.
  2. Requests should be submitted at least fourteen (14) business days prior to the meeting to allow sufficient time for staff review and agenda preparation.
  3. Administrative staff and/or the Board Chair shall determine whether the request is directly related to District business.
  4. If a request is not placed on the agenda, the requesting party may ask a Director to sponsor the item for inclusion on a future agenda.
  5. Matters that are legally required to be considered in closed session will not be accepted under this public agenda request process.
  6. The Board may limit the total time devoted to consideration of a public-requested agenda item and may establish time limits for individual speakers.

Public Comment on Non-Agenda Items

This policy does not prevent the Board from receiving public comments at Regular and Special meetings on matters that are not listed on the agenda. However, in accordance with the Brown Act, the Board shall not discuss or take action on such matters at that meeting, except to:

  • briefly respond to statements made or questions posed by the public,
  • request clarification,
  • provide a reference to staff or other resources for factual information, or
  • direct staff to place the matter on a future agenda.

Agenda Posting Requirements

At least seventy-two (72) hours prior to the time of all Regular meetings, an agenda containing a brief general description of each item of business to be transacted or discussed shall be posted in a location that is freely accessible to members of the public in accordance with California Government Code Section 54954.2(a)(1).

If the District maintains a website, the agenda shall also be posted on the website at the same time it is posted physically.

All documents and materials provided to the Board for a public meeting, except those exempt from disclosure under State law, shall be made available for public review prior to the meeting.

Special Meeting Agendas

The agenda for a Special meeting shall be posted at least twenty-four (24) hours before the meeting in the same location used for posting Regular meeting agendas in accordance with California Government Code Section 54956.

Order of Agenda Items

The Board Chair shall determine the order in which agenda items are considered for discussion and/or action. The Board may, by majority vote, reorder items on the agenda during the meeting.

 

Meetings

Regular Meetings

Regular meetings of the District Board of Directors shall be held on the second Friday of each calendar month at 6:00 p.m. in the District Boardroom, unless otherwise noticed in accordance with the Brown Act.

Special Meetings

Special meetings of the Board may be called by the Board Chair or by a majority of the Board.

Written notice of the Special meeting shall be delivered to each member of the Board and to each local newspaper of general circulation, and to radio or television stations that have requested notice.

The notice shall:

  • be delivered personally or by any other means,
  • be provided at least twenty-four (24) hours prior to the meeting, and
  • specify the time, place, and business to be transacted or discussed.

No other business shall be considered at a Special meeting.

Emergency Meetings

In the event of an emergency involving matters requiring immediate action due to the disruption or threatened disruption of public facilities, the Board may hold an Emergency meeting without complying with the twenty-four (24) hour notice requirement.

An emergency situation means a crippling disaster that severely impairs public health, safety, or both, as determined by the Board Chair or by a majority of the Board.

Newspapers of general circulation in the District, and radio or television stations that have requested notice of Special meetings, shall be notified at least one hour prior to the Emergency meeting.

If telephone services are not functioning, the one-hour notice requirement is waived. The Board, or its designee, shall notify such media organizations of the meeting and any actions taken as soon as possible after the meeting.

Closed sessions may be held during an Emergency meeting by a unanimous vote of the members present.

Minutes of the Emergency meeting, a list of persons notified or attempted to be notified, the roll call vote(s), and any actions taken shall be posted in the District office for a minimum of ten (10) days as soon as possible after the meeting.

Adjourned Meetings

A majority vote of the Board of Directors may adjourn any Board meeting to a time and place specified in the order of adjournment.

If no Directors are present at any Regular or Adjourned Regular meeting, the Business Manager may declare the meeting adjourned to a stated time and place and shall provide written notice of the adjournment.

Standing Committees

Standing Committees of the Board are subject to the notice and open meeting requirements of the Brown Act.

Meeting Facilities

The Board Clerk shall ensure that required information and materials are available for the public at Board meetings and that meeting facilities are functional and accessible to all persons in attendance.