and my reply

Hi, Mark. Thanks for writing back.

I am confused by your thinking that “the Brown Act prohibits Boards of Directors from conducting discussions as a group outside of their formal meeting structure with meetings noticed with an agenda.” The Brown Act is a part of the Sunshine movement. I am encouraged that you see the Board of Directors of Berkeley Community Media as a “legislative body” which is answerable to the residents of the Berkeley community. But I don’t think the Brown Act applies to this situation.

I invited you, and any of the board members and staff who are willing to be a part of a discussion about public access with me and other public access activists to be on my show. I was not inviting the Board to hold its meeting in any form on my show. I would be surprised [but happy] if anything close to the majority of the board members accepted my invitation. I hope the discussion will be in-depth, covering most of the issues. The discussion will be public, going out on the internet live. Then we will archive the discussion unedited and uncensored. Of course I will play the whole discussion unedited and uncensored on B-TV.

Clearly the below section of The Brown Act extremely powerfully states the act does not block such discussions

(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person.
(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.


So I hope you and the other board members and staff will reconsider and join the discussion that I am in the process of setting up as I write this. Or I would be happy to come to your next board meeting WITH MY VIDEO CAMERA to have this discussion.

Also I am puzzled by your saying: “Your letter did not address the concerns that you referred to so I am unable to give you any answers at this time, but I promise that the Board will look at any specific questions that you bring to our attention in the future.” I thought I outlined my concerns in detail… Maybe in too much detail! So I will include another copy of my original letter with this.

Looking forward to talking with you, Mark!

In Freedom,
Frank Moore