Enter your e-mail to receive our bi-weekly FLASH newsletter:
Search CFAC
|
JAMES CHAFFEE, Plaintiff and Appellant,
v.
SAN FRANCISCO LIBRARY COMMISSION et al., Defendants and
Respondents.
No. A102550
In the Court of Appeal of the State of California
First Appellate Districet
Division Two
(San Francisco County Super. Ct. No. 408077)
Trial Court:San Francisco Superior Court, Trial Judge:Hon.
David A. Garcia
COUNSEL
Robert J. Moskowitz, for Appellant
Dennis J. Herrera, City Attorney; Wayne K. Snodgrass,
Rafal Ofierski, K. Scott Dickey, Deputy City Attorneys, for Respondents
Filed January 29, 2004
I.
Introduction
Appellant James Chaffee appeals from a judgment granting
respondents' motion for summary judgment. We disagree with appellant
that the Ralph M. Brown Act (Gov. Code, 54950 et seq.)[FOOTNOTE
1] (the Brown Act) and the San Francisco Sunshine Ordinance of
1999 (S.F. Admin. Code, ch. 67) (the Sunshine Ordinance) require
that a general public comment[FOOTNOTE 2] period be provided
at each session of a continued public meeting held to
consider a single published agenda. Accordingly, we affirm.
II.
Facts and Procedural History
On May 16, 2002, the San Francisco Library Commission
(Library Commission) held its regularly scheduled meeting.[FOOTNOTE
3] Commissioners Bautista, Chin, Higueras, and Steiman were present.
The agenda for the May 16th meeting was posted on May 12, 2002,
and included the following items: (1) Approval of the April 18,
2002 Minutes (Action); (2) Bond Program Manager's Report (Discussion);
(3) Art Enrichment Program (Action); (4) Design Excellence Program
(Discussion); (5) Site Acquisition: Portola Branch (Action);
(6) Library 2002/2003 Budget Update (Action); (7) Public Comment
(Discussion); and (8) Adjournment (Action). The agenda also noted
that public comment would be taken before or during the Library
Commission's consideration of each agenda item. During the May
16th session, President Higueras announced that due to the potential
loss of quorum by 5:30 p.m. that day, he would reorder the taking
up of agenda items.[FOOTNOTE 4] The commission announced the
three agenda items to be considered that day (agenda items (1),
(3), and (5)), and proceeded to hear public comment on each item.
President Higueras then announced that, as the commission was
losing its quorum, the remaining business of the meeting would
be continued to Tuesday, May 21, 2002. The meeting was adjourned
at 5:27 p.m.
On May 17, 2002, the Library Commission issued the notice
and the agenda for the continued portion of the May 16th meeting,
and posted both at the door of the main library's Koret Auditorium,
where the second session of the continued meeting would be held.
The agenda for the continued May 16th meeting only listed the
remaining items not heard at the first and in the new order as
announced by President Higueras on May 16th: (1) Bond Program
Manager's Report (Discussion); (2) Design Excellence Program
(Discussion); (3) Library 2002/ 2003 Budget Update (Action);
(4) Public Comment (Discussion); and (5) Adjournment (Action).
Also on May 17, 2002, appellant filed a complaint seeking injunctive
and declaratory relief against the commission and commissioners
Higueras, Steiman, Chin, and Bautista alleging that the parties
violated the Brown Act and the Sunshine Ordinance. Appellant
sought a permanent injunction requiring the Library Commission
and its members to provide for public comment at all meetings,
and declaratory relief stating that the Brown Act and the Sunshine
Ordinance require general public comment at all regular meetings.
Appellant also filed an ex parte application for a temporary
restraining order on May 20, 2002, which the trial court denied.
At the continued meeting on Tuesday, May 21, 2002, the
same commissioners present at the May 16th meeting heard the
remaining agenda items. At this session public comment was allowed
on each remaining agenda item, and a general public comment period
was also held at the conclusion of meeting, but before adjournment.
Appellant filed a motion for preliminary injunction
on July 26, 2002, which the trial court denied. Thereafter, respondents
filed a summary judgment motion, which was granted. This timely
appeal followed.
III.
Discussion
Appellant argues that the Brown Act and the Sunshine
Ordinance require that members of the public be given an opportunity
to comment generally on matters within the jurisdiction of a
legislative body at each session of that body's public
meetings, in addition to being allowed comment on specific agenda
items. Hence, appellant claims respondents violated both statutes
when the Library Commission adjourned and continued its May 16,
2002 meeting without giving him an opportunity to make general
public comment. This is so, he argues, notwithstanding that he
was allowed to make comments on every agenda item taken up at
the May 16th meeting, in addition to being allowed to comment
on the remaining agenda items, and to make general public comments,
at the continued May 21st meeting session.
On appeal from a grant of summary judgment, we exercise
our independent judgment in determining whether there are triable
issues of material fact and whether the moving party is entitled
to judgment as a matter of law. (Guz v. Bechtel National,
Inc. (2000) 24 Cal.4th 317, 334-335.) Summary judgment is
properly granted if there is no question of fact and the issues
raised by the pleadings may be decided as a matter of law. (Code
Civ. Proc., 437c, subd. (c); Aguilar v. Atlantic Richfield
Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) In moving
for summary judgment, a defendant may show that one or more elements
of the cause of action cannot be established by the plaintiff
or that there is a complete defense to the cause of action. (Code
Civ. Proc., 437c, subd. (o)(2); Aguilar, supra, 25 Cal.4th
at p. 849.) Once the defendant has met that burden, the burden
shifts to the plaintiff to show that a triable issue of one or
more material facts exists as to that cause of action or a defense
thereto. (Ibid.) The plaintiff may not rely upon the mere
allegations or denials of his pleadings to show that a triable
issue of material fact exists but instead, must set forth the
specific facts showing that a triable issue of material fact
exists as to that cause of action or a defense thereto. (Ibid.)
The moving party must support the motion with evidence
including affidavits, declarations, admissions, answers to interrogatories,
depositions, and matters of which judicial notice must or may
be taken. (Code Civ. Proc., 437c, subd. (b); Aguilar, supra,
25 Cal.4th at p. 843.) Similarly, any adverse party may oppose
the motion and "' where appropriate,' "may present
evidence including affidavits, declarations, admissions to interrogatories,
depositions, and matters of which judicial notice must or may
be taken. (Ibid.) In ruling on the motion, the court must
consider all of the evidence and all of the inferences reasonably
drawn therefrom (Code Civ. Proc., 437c, subd. (c); Aguilar,
supra, 25 Cal.4th at p. 843), and view such evidence and
inferences in the light most favorable to the opposing party.
(Aguilar, supra, at p. 843.)
Appellant makes no reference in his brief to any material
disputed issue of fact in this case.[FOOTNOTE 5] Therefore, our
independent review of the summary judgment turns solely on an
interpretation of the law. More specifically, we are called upon
to interpret sections 54950 et seq. and San Francisco Administrative
Code chapter 67 as applied to the May 16th and May 21st Library
Commission meetings, and determine whether general public comment
is required at both the original and the continued session of
those assemblies.
Section 54954.3, subdivision (a) provides in pertinent
part, "[e]very agenda for regular meetings shall provide
an opportunity for members of the public to directly address
the legislative body on any item of interest to the public .
. . that is within the subject matter jurisdiction of the legislative
body . . . ." Similarly, San Francisco Administrative Code
section 67.15, subdivision (a) provides, "[e]very agenda
for regular meetings shall provide an opportunity for members
of the public to directly address a policy body on items of interest
to the public that are within policy body's subject matter jurisdiction
. . . ."
Appellant urges us to interpret these laws to mean that
there must be general public comment allowed at every session
when a public body meets, in addition to allowing comment on
specific agenda items. Appellant argues that because a continued
meeting is a separate and regular meeting under sections 54952.2,
subdivision (a), and 54955, and respondents failed to provide
for a general public comment period at both "meetings,"
respondents violated both the Brown Act and the Sunshine Ordinance.[FOOTNOTE
6] We disagree.
In determining the meaning of a statute, we are guided
by settled principles of statutory interpretation. "The
fundamental purpose of statutory construction is to ascertain
the intent of the lawmakers so as to effectuate the purpose of
the law. [Citations.]" (People v. Pieters (1991)
52 Cal.3d 894, 898 (Pieters).) To determine this intent,
we begin by examining the words of the statute. (Ibid.)
We must follow the construction that "comports most closely
with the apparent intent of the Legislature, with a view to promoting
rather than defeating the general purpose of the statute, and
avoid an interpretation that would lead to absurd consequences."
(People v. Jenkins (1995) 10 Cal.4th 234, 246.) Further,
we must read every statute, "' with reference to the entire
scheme of law of which it is part so that the whole may be harmonized
and retain effectiveness.' . . ." (Pieters, supra,
52 Cal.3d at p. 899, quoting Clean Air Constituency v. California
State Air Resources Bd. (1974) 11 Cal.3d 801, 814.)
Here, the words of both public meeting statutes are
clear: "[e]very agenda for regular meetings shall
provide an opportunity for members of the public to directly
address a legislative body on any item of interest to the public
. . . that is within the subject matter jurisdiction of the legislative
body . . . ." ( 54954.3, subd. (a); see S.F. Admin. Code,
67.15, subd. (a), italics added.) The Library Commission provided
for general public comment during the second day of its two-day
meeting held to consider a single agenda. Thus, the commission
fully complied with the plain meaning requirements of both section
54954.3 and San Francisco Administrative Code section 67.15.
If we were to accept appellant's interpretation of the
statute requiring general public comment at every session or
"meeting" of a public body, and not for every "agenda,"
we would render the Legislature's use of the word "agenda"
mere surplusage. (See Agnew v. State Bd. of Equalization
(1999) 21 Cal.4th 310, 330 ["[S]ignificance must be given
to every word in pursuing the legislative purpose, and the court
should avoid a construction that makes some words surplusage"
].)
In addition, construing section 54954.3 and San Francisco
Administrative Code section 67.15 to require a single general
public comment period where a public body meets in multiple sessions
to consider its agenda is fully consonant with the plain meaning
of the applicable open government statutes and avoids absurd
results. The Brown Act's statement of intent provides: "In
enacting this chapter, the Legislature finds and declares that
the public commissions, boards and councils and the other public
agencies in this State exist to aid in the conduct of the people's
business. It is the intent of the law that their actions be taken
openly and that their deliberations be conducted openly. [] The
people of this State do not yield their sovereignty to the agencies
which serve them. The people, in delegating authority, do not
give their public servants the right to decide what is good for
the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control
over the instruments they have created." ( 54950.) The Brown
Act is intended to ensure the public's right to attend public
agency meetings to facilitate public participation in all phases
of local government decision-making, and to curb misuse of the
democratic process by secret legislation of public bodies. (International
Longshoremen's & Warehousemen's Union v. Los Angeles Export
Terminal, Inc. (1999) 69 Cal.App.4th 287, 293.)
When the Brown Act and the Sunshine Ordinance are read
in their entirety, we conclude that the lawmaking bodies clearly
contemplated circumstances in which continuances and multiple
sessions of meetings to consider a published agenda would be
required, and thus they mandated that a single general public
comment period be provided per agenda, in addition to
public comment on each agenda item as it is taken up by the body.
For example, section 54955.1 allows for any hearing by a legislative
body of a local agency to be continued in the manner set forth
in section 54955. Section 54955 provides that less than a quorum
may adjourn from time to time and a copy of the order or notice
of adjournment shall be conspicuously posted on or near the door
of the place where the meeting was held within 24 hours after
the time of the adjournment. In addition, section 54954.2, subdivision
(b)(3) mandates that action on continued agenda items must occur
within five calendar days of the meeting at which the continuance
is called. Similarly, San Francisco Administrative Code section
67.15, subdivision (e) states that continuances shall be announced
at beginning of meeting, or soon thereafter, while section 67.7,
subdivision (e)(2) prevents policy bodies from taking action
on items not appearing on posted agenda if less than two-thirds
of members are present.
The Library Commission fully adhered to the language
of these enactments and the Legislature's intent embedded in
the statutes by hearing public comment on every agenda item taken
up at the May 16th meeting. When the commission then lost its
quorum, and in accordance with sections 54955, 54955.1, and 54954.2,
subdivision (b)(3) and San Francisco Administrative Code sections
67.15, subdivision (e), and 67.7, subdivision (e)(2), the meeting
on the May 16th agenda was continued for a period not to exceed
the prescribed five-day limit with notice of the continued hearing
time and date posted on the door of the meeting place within
24 hours. Further, the commission provided public comment on
every remaining agenda item at the session held on May 21st,
including providing for general public comment. Thus, the Library
Commission did all that was required under both the plain meaning
of pertinent provisions of the Brown Act and the Sunshine Ordinance,
and in accordance with the Legislature's purpose in facilitating
and providing for public participation in legislative decisionmaking.
Therefore, we conclude that respondents were entitled
to judgment as a matter of law.
IV.
Disposition
The judgment is affirmed.
Ruvolo, J.
We concur: Haerle, Acting P.J., Lambden, J.
::::::::::::::::::::::::::::: FOOTNOTE(S):::::::::::::::::::::::::::::
FN1. Unless otherwise indicated, further statutory
references are to the Government Code.
FN2. For simplicity, we will refer to the type of additional
public comment at issue in this appeal as "general public
comment."
FN3. Respondents' request for judicial notice of meeting
minutes, which was taken under submission pursuant to this court's
order dated October 1, 2003, is hereby granted.
FN4. President Higueras reordered the taking of agenda
items as follows: (2) was changed to (4), (3) to (2), (4) to
(5), (5) to (3), followed by items (6) through (8) in the original
posted order.
FN5. Although appellant disputes whether the Library
Commission's choice of the order with which to proceed with agenda
items at the May 16th meeting was not really the "most pressing"
in appellant's statement of disputed facts, we find that this
"disputed" fact is not material to the cause of action
for relief because neither the Brown Act nor the Sunshine Ordinance
requires that agenda items be put in any specific order. (See
54950 et seq.; see also S.F. Admin. Code, ch. 67.) Further, appellant's
only other "disputed" fact relevant to this appeal
is that "[t]he adjournment of defendant library commission
on May 16, 2002 was not unexpected or due to any emergency or
situation beyond the commission's control." Again, this
point is not material because there is no requirement in either
the Brown Act or the Sunshine Ordinance necessitating such conditions
for adjournment and continuance. (See 54950 et seq.; see also
S.F. Admin. Code, ch. 67.)
FN6. Although appellant contends that "the actions
of defendants violated the law by refusing to allow public comment
that is mandated by both . . . the ' Brown Act' . . . and . .
. the ' Sunshine Ordinance' ," appellant fails to provide
us with any argument relating to how respondents have
violated the Sunshine Ordinance. Nevertheless, because of the
textual similarity of the two public meeting statutes, we will
also address any potential Sunshine Ordinance violations.
|

Have a legal question?
Check out Asked & Answered first.
Chances are, we've already answered it. If
not, then proceed to CFAC's Legal
Hotline for help from top lawyers—free.
CFAC Archives:
Search CFAC
|