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Sunshine



Jurisdiction Of California Public Access Laws


This webpage is also a tutorial on various California public access laws' hierarchy and interaction with each other.

The California Public Record Act is often referred to as CPRA in court, legal records, and writings on CPRA. Following that convention in legal writings, I will use SFSO to refer to the San Francisco Sunshine Ordinance.

Ca Public Access Laws Hierarchy

The simple rule in public access law is that state laws have greater weight and only can be superseded by local sunshine laws if the local laws allow the public greater access. If local provisions are less than, then they cannot supersede the state law.

Local sunshine laws only govern with their city or county boundaries and can be superseded by state sunshine laws that are greater than. One place this comes into play is in sunshine law definitions, which goes to jurisdiction. Let us set up the playing field of interaction between state and local sunshine laws.

State Sunshine Laws that Allow for Local Sunshine Laws that are Greater Than


Brown Act 54953.7.

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 under the authority of the elected legislative body.

CPRA § 6253.

(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.

Inclusion of Other Sunshine Laws Within Another Sunshine Law


This provision of the CPRA is noted because it includes parts of the Brown Act definitions as part of CPRA, (c) and (d) of Section 54952.

CPRA § 6252.

As used in this chapter:
(a) “Local agency” includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952.

SFSO § 67.5 Meetings to be Open and Public; Application of Brown Act

All meetings of any policy body shall be open and public, and governed by the provisions of the Ralph M. Brown Act (Government Code Sections 54950 et. seq.) and of this Article. In case of inconsistent requirements under the Brown Act and this Article, the requirement which would result in greater or more expedited public access shall apply.

SFSO § 67.21 Process for Gaining Access to Public Records; Administrative Appeals.

(k) Release of documentary public information, whether for inspection of the original or by providing a copy, shall be governed by the California Public Records Act (Government Code Section 6250 et seq.) in particulars not addressed by this ordinance and in accordance with the enhanced disclosure requirements provided in this ordinance.

Definitions


The Sunshine Ordinance definitions only apply when reading the Sunshine Ordinance and only when they are greater than that of the Brown Act or CPRA. The reality is that the Sunshine Ordinance definitions are weak. The Brown Act is the strongest on definitions.

SFSO § 67.3

Definitions starts off
Whenever in this Article the following words or phrases are used, they shall have the following meanings:

(a) "City" shall mean the City and County of San Francisco and then goes to meetings which will be covered later.

The Brown Act starts off with

Brown Act 54951.

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.

A lot stronger as city is just but one of “local agency”. The Sunshine Ordinance could have started stronger because within San Francisco are many of the above entities. The Brown Act does not make any hierarchal difference between city or “any board, commission or agency thereof, or other local public agency”.

The Sunshine Ordinance goes on defining meetings and then distinguishes between “passive meeting body” and “policy body” with it later putting on more scrutiny on the “policy body”. The Brown Act does not bother with this distinction. Let us compare:

SFSO § 67.3 Definitions

(c) "Passive meeting body" shall mean:
(1) Advisory committees created by the initiative of a member of a policy body, the Mayor, or a department head;
(2) Any group that meets to discuss with or advise the Mayor or any Department Head on fiscal, economic, or policy issues;
(3) Social, recreational or ceremonial occasions sponsored or organized by or for a policy body to which a majority of the body has been invited.
(4) "Passive meeting body" shall not include a committee that consists solely of employees of the City and County of San Francisco created by the initiative of a member of a policy body, the Mayor, or a department head;
(5) Notwithstanding the provisions of paragraph (4) above, "Passive meeting body" shall include a committee that consists solely of employees of the City and County of San Francisco when such committee is reviewing, developing, modifying, or creating City policies or procedures relating to the public health, safety, or welfare or relating to services for the homeless;

(d) "Policy Body" shall mean:
(1) The Board of Supervisors;
(2) Any other board or commission enumerated in the Charter;
(3) Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors;
(4) Any advisory board, commission, committee or body, created by the initiative of a policy body; (5) Any standing committee of a policy body irrespective of its composition.
(6) "Policy Body" shall not include a committee which consists solely of employees of the City and County of San Francisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors.
(7) Any advisory board, commission, committee, or council created by a federal, State, or local grant whose members are appointed by City officials, employees or agents.

The Brown Act 54952.

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, decision making 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 multi-member body that governs a private corporation, limited liability company, or other entity that either: And it goes on a little further, but the above is enough to make my point.

The Brown Act does not mince words. While the Sunshine Ordinance makes distinctions between “passive meeting body” and “policy body”, the Brown Act just say all these are “legislative bodies” from “governing body of a local agency or any other local body” and then “a commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.” And then a few exceptions. You have the same set of rules apply to just about all ‘local agency” bodies even down to temporary advisory and further to other outside corporation or entities that a “local agency” may setup, quasi-government bodies.

What does this mean for local Sunshine laws is that their definitions only matter if they add an even greater number of bodies (Brown Act 54953.7. greater than clause) which is probably hard to do given the Brown Act’s expansive definitions. The Sunshine Ordinance also incorporates the Brown Act in SFSO § 67.5 which states “In case of inconsistent requirements under the Brown Act and this Article, the requirement which would result in greater or more expedited public access shall apply.” With the Brown Acts greater than clause and the Sunshine Ordinance incorporation of the Brown Act this probably makes the distinction between “passive meeting body” and “policy body” moot. This is especially the case of “local agency” jurisdiction of the Sunshine Ordinance Task Force.

Does the definition between “passive meeting body” and “policy body” matter at all?

It only matter if there are provisions in the Sunshine Ordinance on the “policy body” and possibly “passive meeting body” that allow for “greater or more expedited public”, but that is outside of determining jurisdiction. Maybe another day.

This webpage is an ongoing open source project. If you have corrections or additions please e-mail info@sfneighborhoods.net Thank You.

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