The SF Supervisors and Mayor Newsom are planning a private party to talk about . . .what exactly? Any talk about city business would put the supervisors in violation of the Brown Act.-PS
Sunshine-law advocates cast wary eye at Newsom shindig
The Examiner
By Joshua Sabatini
Published 1/8/09
SAN FRANCISCO – When it comes to the private bash Mayor Gavin Newsom plans to host Friday evening for members of the Board of Supervisors, there may be a lot of talk about the weather.
Newsom has invited the 11 members of the Board of Supervisors to a Friday evening “reception welcoming new members” of the board at his Russian Hill home. The four new members of the Board of Supervisors were scheduled to be sworn in today.
But advocates of government transparency are a little wary about the affair.
Open-meeting laws prevent a majority of the members of an elected body from gathering and discussing city business unless the event is open to the public and public notice is given. The law, however, does allow for the majority of the members of an elected body to gather at social events if they “refrain from discussing any business.”
Newsom spokesman Nathan Ballard said the event has “been cleared with the city attorney.” According to The City’s Good Government Guide, “Under the Brown Act [open meeting laws], a purely social, ceremonial, or recreational gathering of a majority of members of a policy body is not a meeting provided that the members refrain from discussing any business.”
“There is a danger of a sunshine violation,” said Richard Knee, a member of The City’s Sunshine Ordinance Task Force.
Peter Scheer, executive director of the California First Amendment Coalition, said general talk about city politics and the economy is OK, but talk of specific proposals or issues is off-limits.
“It is hard to imagine all these politicians in a room talking about the weather,” Scheer said. “On the other hand, I think we should be a little flexible and not make it impossible” for the mayor and the Board of Supervisors to gather in a social setting and “perhaps improve the working relationships.”
Supervisor Chris Daly, who said he planned on attending the event, said measures could be taken, if necessary, to ensure there is never a quorum of the board present. Six board members would make a quorum.
What will the supervisors and the mayor talk about if not city business? “That’s a good question,” Ballard said. “That’s the purpose of this function. It’s a party.”