Legal Question in Administrative Law in California

Proceedures in Public meetings

Where would I go to find out how public meetings (boards of supervisors, etc;) are structured and who is eligible to appear and speak? Is it governed by law or selectively haphazard?


Asked on 10/21/03, 9:17 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Proceedures in Public meetings

Generally, government operations of all kinds are prescribed and regulated by the Government Code, which is probably the single largest of all of California's several dozen codes.

I would say that a board of supervisors may not conduct its meetings in a truly haphzard fashion. The Code imposes fairly stringent limits and procedures, including requirements for posted agendas. However, within limits, the presiding officer has some discretion, e.g. to limit public comment, to go into closed session when permitted by law, to table matters, to adjourn, and so on.

Most boards rely on a county attorney to advise on the legal procedures for conducting public and closed-session meetings, and a county attorney is often present to give on-the-spot advice to the presiding officer.

If you question procedures, I suggest you contact the county attorney who regularly participates in the board meetings and pose your questions directly to her or him, with a request for a statement of the legal authority (s)he relies upon for your board's handling of matters that you feel may be handled inappropriately.

If this doesn't help, try LawGuru again with a question addressing a specific practice.

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Answered on 10/22/03, 1:35 am


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