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Opinion Question Conclusion
18-901 1. Would it violate the Bagley-Keene Open Meeting Act for a majority of Fair Political Practices Commission members to meet privately over lunch and discuss how the Bagley-Keene Act applies to the Commission?

2. Where a meeting agenda for the Fair Political Practices Commission contains a general statement that the Commission may act on “any” item listed on the agenda, but the description of a specific agenda item states only that the matter will be discussed, may the Commission vote on that specific agenda item without violating the Bagley-Keene Open Meeting Act?

3. Would it violate the Bagley-Keene Open Meeting Act for a member of the Fair Political Practices Commission to respond to an email message—sent from a member of the public to all five Commission members and other members of the public concerning an item of Commission business—by replying via email only to the sender of that message and the other members of the public? 		1. It would violate the Bagley-Keene Open Meeting Act for a majority of Fair Political Practices Commission members to meet privately over lunch and discuss how the Act applies to the Commission.

2. Viewed in light of the Bagley-Keene Act’s “substantial compliance” standard, the Commission’s vote on a specific agenda item would not be voidable where the Commission’s meeting agenda contained a general statement that the Commission may act on “any” item listed on the agenda, but the description of the specific agenda item stated only that the matter would be “discussed.”

3. It would not violate the Act for a member of the Commission to respond to an email message—sent from a member of the public to all five Commission members and other members of the public concerning an item of Commission business—by replying via email only to the sender of that message and the other members of the public.

Issued on September 22, 2020
Official Citation: 103 Ops.Cal.Atty.Gen. 42