At its meeting on Monday August 18th the Commission adopted the latest, and hopefully, last version of the new Posting Policy. The latest version of the Posting Policy supersedes all of the others that have been adopted over the last several years. Since it is in place we thought it would be a good idea to create a list of frequently asked questions (FAQ) in order to be certain that everyone understands the new Policy.
Why did the Commission need to adopt this new version of the Posting Policy? Didn’t they adopt one that’s almost the same a few months ago?
After we adopted the new Policy at our May 6, 2014 meeting we received additional feedback from neighborhood councils. We also received information from our City Attorney advisors. This updated Policy was put in place in order to address those concerns and to clear up any confusion that might exist because of previous attempts to amend or modify earlier versions. That’s why we stated that this Posting Policy supersedes all other previously adopted posting policies.
How do we post if WE HAVE A WEBSITE?
You must do the following:
- Physically post at least one Brown Act compliant agenda for all Board and Committee meetings.
- Post the agenda on your website, complying with the Brown Act time limits for posting.
- Submit a copy of the agenda to the Department of Neighborhood Empowerment to be posted on the Early Notification System (ENS). Agendas should be emailed to the Department at [email protected]. The meeting agendas must be emailed in compliance with Brown Act time limitations. The agendas are not required to be posted to the ENS within Brown Act time limitations.
- If your Neighborhood Council maintains an email list of stakeholders you may email either a copy of the agenda and the agenda materials or an announcement of the meeting with a link to the agenda and agenda materials. Distribution to the email list must occur at the time meeting information is disseminated to the board or committee members.
How do we post if WE DO NOT HAVE a web site or do not have access to our website?
You must do the following:
- Physically post at the five (5) to seven (7) locations as determined during your certification process. One (1) of the posting locations shall be Brown Act Compliant, and the remaining posting locations shall be within the Neighborhood Council boundaries and shall comply with Brown Act time limits for posting.
- Submit a copy of the agenda to the Department of Neighborhood Empowerment to be posted on the Early Notification System (ENS). Agendas should be emailed to the Department at [email protected]. The meeting agendas must be emailed in compliance with Brown Act time limitations. The agendas are not required to be posted to the ENS within Brown Act time limitations.
- If your Neighborhood Council maintains an email list of stakeholders you may email either a copy of the agenda and the agenda materials or an announcement of the meeting with a link to the agenda and agenda materials. Distribution to the email list must occur at the time meeting information is disseminated to the board or committee members.
What does Brown Act compliant mean?
The Brown Act requires that a copy of all Board or committee agendas be posted at a location within the boundaries of the neighborhood council that is open to the public and that allows members of the public to view the entire agenda any time during the day or night. The Brown Act time limitations require that all regular meetings be posted at least 72 hours before the meeting and at least 24 hours before a special meeting.
Our bylaws state that we are required to post in 5-7 posting locations, don’t we need to continue to comply with this provision?
- Not if you have a website. The Commission policy is similar to a rule of law. The Commission’s policy supersedes and takes priority over the inconsistent language in your bylaws and, thus, if you follow the website posting process, you will not be required to continue to post in your 5-7 physical locations.
- If over the upcoming months your NC submits to the Department any revisions to your bylaws, this provision will be updated at that time. If not, the Department will automatically incorporate the new provisions into your bylaws and notify you accordingly.