2006-03-02 Cost of Government Commission Minutes

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Two members, and only two, are allowed to talk to each other about board business, as long as no commitment is made to vote a certain way. However, it is safer to stay away from any discussion with a board member on board business, because it is very easy for the discussion to be spoken of to a third member, and then it becomes serial communication. Mr. Sakaguchi asked what the penalty is for violating the Sunshine Law. Ms. Garson said that any action taken at a meeting that violated the law would be in invalid. Mr. Joseph stated that there was an impeachment proceeding ongoing regarding County Council people who violated the Sunshine Law. Ms. Garson said she was only aware of an impeachment proceeding regarding Council members voting on the marijuana eradication law. Ms. Garson explained that subcommittees can be formed, where two ore more members (but less than a quorum) can get together to investigate or negotiate an issue. However, a subcommittee needs to be created at a meeting in which its creation is an agenda item. Also, a subcommittee's parameters of authority need to be clearly defined. Its findings would need to be reported at a second meeting; and if any action is to be taken based on the subcommittee's report, it would need to take place at a duly noticed third meeting. Ms. Garson explained the circumstances in which a committee can go into executive session, which is closed to the public. The circumstances to enter into executive session are very limited. The main reason a board may want to go into executive session is to consult with its attorney, which becomes attorney - client privilege. Certain personnel matters also would be discussed in executive session. If it is anticipated that something needs to be discussed in executive session, it needs to so indicate on the agenda. Ms. Garson explained that members of the public are invited to submit oral or written testimony on issues and that if any of the commissioners receive such communication, they should forward it to the Board's secretary for assignment of a communication number, distribution to commissioners, and placement on the next agenda. Another requirement is that minutes of each meeting be kept. The secretary is to provide the minutes within 30 days of a meeting. Ms. Garson said that each commissioner was earlier given a booklet on the Sunshine Law and said that if any commissioner has a question on what can or cannot be done, to call her office, her cell phone, or e -mail her. She explained there is no restriction on their communicating with her. She said they could also contact the Office of Information Practices directly with any questions, if they preferred. Ms. Garson explained that this meeting, because it is their first, is a little different from how meetings usually will go and that her purpose is really only to answer any legal questions they may have. Mr. Sakaguchi asked whether a commission member could send written testimony or vote on an issue if he /she was not able to be present at a meeting but knew what was on the agenda. Ms. Garson said the member could not vote at a meeting in which he /she was not 11