HomeMy WebLinkAboutCOM 0537.054 2004-2006
November 22, 2005
Dear Lincoln,
Pursuant to your request, I provide the fol;,owing quick and general
guidance regarding the Council's assignment of co-chairs for its
committees. It is my understanding that the co-chairs, as part of their
functions, recommend to the Council Chair items for consideration by
the full Council. I agree with your analysis that the designation of co-
chairs in itself is not violation of the Sunshine Law, but that other
issues weigh against the use of co-chairs.
First, as we discussed, although two council members may discuss
council business under a permitted interaction, discussion by more than
two members is a violation of the Sunshine Law. Thus, the two co-chairs
could discuss an item that they are considering recommending, and
which at that point would likely be deemed board business (since at that
point the item may reasonably be anticipated to come before the Council
in the foreseeable future), but each would then be precluded from
discussing that same issue with the Council Chair.
Second, as you pointed out, even if the council members are able to walk
a fine line and not violate the Sunshine Law in the manner described
above, the problem from a practical standpoint is the public's perception.
It is not unreasonable for the public to believe that more than two
council members are discussing and agreeing on the merits of board
business outside of a meeting because it seems likely that the council
members would need to do so in order to carry out their responsibilities
as co-chairs and Council Chair.
I hope this responds to your inquiry. If you require further assistance,
please feel free to contact our office.
Sincerely,
Cathy L. Takase
Staff Attorney
Office of Information Practices
Comm. No, J ~1.
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