Brown Act
The Ralph M. Brown Act set forth in California Government Code (“GC”) §§ 54950 through 54963, requires that meetings of public bodies be “open and public.” The goal of the Act is to increase government transparency.
Violations may result in an invalidation of the action. Individual members of the legislative body who violate the Act may be charged with a misdemeanor if: (1) the member intends to deprive the public of information, and (2) the public is entitled to that information. (GC §§ 54950.1, 54959)
Who is Covered by the Brown Act?
Covered
Local public agencies (GC § 54951)
Legislative bodies and covered boards of local public agencies (GC § 54952)
Standing committees of a covered board, regardless of number of members (GC § 54952)
Governing bodies of any private organization meeting certain requirements (GC § 54952)
Not Covered
Ad hoc advisory committees with less than a quorum of the covered board (GC § 54952)
Most other non-profit corporations
All other government agencies (e.g., state agencies) are covered under the Bagley-Keene Open Meeting Act (GC §§ 11120-11132)
Local Public Agency – includes counties, cities, schools, and special districts
Legislative Body – a local agency’s governing body (e.g., city council) and “covered boards” (permanent and temporary boards, commissions, task forces, or other advisory bodies created by the local agency)
Quorum – the number of members needed to take valid action (usually a majority of members of the legislative body or other group covered under the Act)
Regular Meeting – meetings at the dates, times, and location set by resolution, by-law, or other formal action by the legislative body
Special Meeting – meetings called by the presiding officer or majority of the legislative body to discuss specific items on the agenda
Emergency Meeting – meetings called by the majority of the legislative body during an emergency (crippling activity, strikes, public health, public safety impairments)
Dire Emergency Meeting – meetings called by the majority of the legislative body during a dire emergency (crippling disasters, terrorism, public health or safety threats)
Adjourned Meeting – regular or special meetings adjourned or re-adjourned to a time and place specified in the order of adjournment
Closed Session – private sessions held during meetings for limited purposes
What is a Meeting? (GC § 54952.2)
Any gathering of a majority of the members of a legislative body at the same time and location (including those who are teleconferencing in) to hear, discuss, deliberate, or take action on any matter under the local public agency’s jurisdiction (Example: 3 of 5 councilmembers meet to discuss an ordinance)
Serial Meeting
Definition
A series of individual contacts, which results in information regarding members’ thoughts on agency matters communicated to a quorum of legislative body members, is a meeting. Serial meetings are prohibited.
Examples
• (1) Daisy Chain Meeting: “A” talks to “B” who talks to “C,” who then talks to “D.”
• (2) Spoke and Wheel Meeting: A third person “X” is at the center of the communication. The members never talk to each other; they all talk individually to “X.”
What are NOT Meetings? (GC §§ 54952.2, 54953.1)
Briefings regarding public agency business, if the content is informative and does not involve communicating the position or comments of any other legislative body member
Conversations between legislative body members not regarding public agency business
Conferences open to the public involving issues of interest to the legislative body
Other public meetings (e.g., an organization hosts an open and publicized meeting on a topic of local community concern)
Meetings of other bodies of the public agency (e.g., councilmembers attending a planning commission meeting)
Social or ceremonial occasions
Public meetings of a public agency’s standing committee, if the legislative body members, who are not members of the standing committee, attend only as observers
Legislative body members may testify in private before a grand jury
Rules for Public Meetings
Meetings Must
Be open and public (including teleconferenced meetings) (GC § 54953)
Comply with the Americans with Disabilities Act (GC § 54953.2)
Permit the public to audio or video record the meeting (GC § 54953.5)
Permit broadcasting of the meeting (GC § 54953.6)
Permit criticism of public policies, procedures, programs, or services, and the legislative body’s acts (GC § 54954.3)
Permit public testimony and inspection (GC § 54954.3)
Pertain only to agenda items (GC § 54954.2)
Meetings Must Not
Be held in any facility with discriminatory policies (GC § 54961)
Require the public to give personal information, answer questions, or fulfill any condition to participate in meetings (GC § 54953.3)
The Legislative Body May
Prohibit public recordings or broadcasts if the noise, illumination, or obstruction of view is persistently disruptive (GC §§ 54953.5-54953.6)
Set reasonable limits on public testimony (GC § 54954.3)
Clear the meeting room, except for press or news media, if individuals willfully interrupt the meeting in a way that order cannot be restored by removing the disruptive individuals (GC § 54957.9)
Agenda Requirements (GC § 54954.2)
Basic Requirements
Brief description of items to be discussed
Time and location of meeting
Procedure for obtaining disability-related modifications or accommodations