As the new year begins, many around California are embarking on a new endeavor: Serving for the first time on a city council, school board or other public agency board or commission. Those newly elected this past November are now set to begin reviewing, deliberating and voting on actions that will improve their respective communities and impact the lives of their neighbors, friends and families. Of course, any new job requires training. Assembly Bill 1234, adopted in 2005, requires that, if the public agency pays any sort of compensation, including reimbursement for expenses, then, within the first year of taking office, each new member must take two hours of training in ethics laws and other laws relating to public administration.

Whether or not training is required by law, it is still imperative for all public officials to have at least a basic understanding of the laws governing their office. This post is meant to provide a brief – very brief – introduction to some of the most basic and important concepts that public officials must understand. Upon request to your general counsel, our firm can provide more detailed introductions to these laws.

Open Meetings. The Ralph M. Brown Act requires that all meetings of public boards be open and public, and the items to be discussed must be identified on a publicly posted agenda. Only specific, limited matters may be discussed in closed sessions. Brown Act compliance requires vigilance on behalf of elected officials to ensure that no “meetings” take place outside of its requirements. This includes “serial meetings” – any series of discussions that led to a deliberation among a majority of the board.

Conflicts of Interest. Board members cannot participate in any discussions or influence any actions in which they have a conflict of interest, even situations where the board member is not directly, personally affected by a decision of the board. For example, if the decision affects a “source of income” – any person or company that provided $1,000 or more to the official within the past 12 months – or any real property within 500 feet of the board member’s property, then there may be a conflict. When the agenda item is called, the conflicted board member must publicly identify the conflict and leave the room before the discussion begins; merely abstaining from voting is insufficient.

Government Code section 1090. This section strictly prohibits board members from entering any contracts with their agencies, or having an interest in contracts entered into by their agencies. There are only very limited exceptions to this prohibition.

Gift Restriction. Board members may not accept any gifts from a single source aggregating $460 or more in value. For example, a board member taken out to lunch by one person several times throughout the year must be cognizant that the total price of all lunches purchased for the board member does not exceed $460. Board members must also disclose any gifts in excess of $50 in cumulative value. If, for example, the board member is taken to a single lunch event at which his or her portion of the bill exceeds $50, that must be disclosed. There are some limited exceptions, including gifts from family members.

Honorarium Restriction. Board members may not accept any “honoraria” – payments for speeches, attendance at events or articles published. Again, there are exceptions, including exceptions for payments earned as part of a bona fide business, trade or profession.

Public Records Act. All governmental records are generally subject to inspection by the public, with limited and narrow exceptions. “Records” include all communications related to public business, regardless of the physical form or characteristics. Public officials should be aware that their emails related to public business, even on their private devices, may be considered a public record subject to mandatory disclosure.

The laws briefly mentioned here are complex and have broad application. Running afoul of these laws can have serious consequences for the official and his or her agency. The best way to ensure compliance and to promote integrity and transparency in governing is to know enough of the law to know when to stop and ask for professional guidance.