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1®1® <br />BEST BEST & KRIEGER 3 <br />ATTORNEYS AT LAW <br />communicate to members of the legislative body the <br />comments or position of any other member or members of <br />the legislative body. (Gov. Code § 54952.2(b)(2).) <br />Staff can inadvertently (or intentionally) become a conduit among a majority of <br />the Brown Act body members in the course of providing briefs on local agency business <br />items. Multiple members of the Brown Act body could separately give staff direction <br />thereby shaping the ultimate recommendation to the Brown Act body as staff attempts <br />to reconcile the differing views or direction. Members and staff of Brown Act bodies <br />should be careful not to cross this line. <br />To avoid discussing, deliberating, or taking action ---meaning, reaching a <br />collective decision, commitment or promise to make a decision or actual vote by a <br />majority (Gov. Code § 54952.6) --- by way of staff briefing, please consider the following <br />guidelines: <br />1, Limit your interactions during individual staff briefings to asking <br />questions and acquiring information. <br />2. Avoid providing staff with your views and positions during individual staff <br />briefings (unless it is absolutely clear that the staff member is not <br />discussing the matter with other Brown Act body members). <br />3. Do not ask staff to describe or speculate about the views of other Brown <br />Act body members. <br />B. Contacts with constituents, developers and lobbyists <br />A constituent, developer, or lobbyist can also become an intermediary among a <br />majority of a Brown Act body causing a violation of the Brown Act. Remember, this can <br />happen even if the Brown Act body member did not intend to participate in a violation of <br />93939.0020E\31180968.1 -4- <br />This product provided under the Public Policy & Ethics Group Program <br />