GET TO KNOW THE BROWN ACT

DISCLAIMER

• The following information is designed to be a general guide to the Brown Act and should NOT be considered legal advice. For questions about specific situations concerning the Brown Act please consult an attorney.

WHO MUST COMPLY?• Legislative Bodies:

– Governing body of a local agency – Advisory committees (with exceptions)– Citizen volunteer groups, task forces, etc. – Standing committees of legislative body

• continuing subject matter jurisdiction or• schedule fixed by resolution or other formal

action

WHAT IS A MEETING?• Congregation of a majority of a legislative

body

– same time and place

– to hear, discuss or deliberate

– agency business

– TECHNOLOGY COUNTS!

• Retreats Are Meetings (the interaction among board members is the public’s business)

WHAT IS NOT A MEETING?• Individual Contacts and Conversations

• Attendance at:– conferences– other agency meetings– Ad hoc committee meetings– social/ceremonial events– DON’T DISCUSS AGENCY BUSINESS

TYPES OF MEETINGS• Regular

• Special

• Adjourned

• Emergency

• Open and Public

• No Conditions on Attendance

• Accessible

• Video/Audio & Broadcasting

GENERAL MEETING REQUIREMENTS

• Teleconferencing

• Location

• Public Opportunity to Address Board

• Agendas

MEETING REQUIREMENTS, PART 2

• Time and Place Set by Ordinance, etc.

• 72 Hours Notice Required

REGULAR MEETINGS

• No action can be taken… except– Emergency situations– 2/3 of the full board, or if less than full

board is present, a unanimous vote that immediate action is needed and need came to board’s attention after agenda was posted

• Applies to Regular Meetings ONLY!

WHAT ABOUT ITEMS NOT ON THE AGENDA

• Allows action prior to next regular meeting

• Usual purpose: to meet deadlines

• 24 hours notice

• Business is limited to subjects on agenda, including public comment

• Written notice to each board member & each media member requesting notice

SPECIAL MEETINGS

• Disruption of public facilities• Work stoppage / Disaster• Activity which impairs public health/safety• Notice/Agenda requirements DO NOT apply• Government Code Section 54956.5

EMERGENCY MEETINGS

• Written notice to each board member and each media member requesting notice

• Additional requirements– One hour notice – No Closed Sessions– Post minutes ASAP - Leave posted 10

days

• Other posting requirements

NOTICE REQUREMENTS FOR EMERGENCY MEETINGS

ADJOURNED MEETINGS

• Treated like a regular meeting

• If meeting is continued within five days of original meeting -- use original agenda…

• If not… USE A NEW AGENDA!

• Post notice of adjournment on or near the door of meeting place within 24 hours.

• If no members show up, clerk may adjourn.

• Serial– Hub and Spoke– Daisy Chain

• Informal Gatherings– At which agency business is

discussed

• Collective Staff Briefings– Special challenges for staff

discussion with board members

PROHIBITED MEETINGS

• May be used for all purposes

• At least a quorum within jurisdiction

• Notice, agenda & meeting requirements apply at each location

• Votes must be by roll call

TELECONFERENCING

• Regular meetings ONLY

• Within the subject matter jurisdiction

• Brief response, but NO ACTION!

• Do not prohibit public criticism

• Reasonable time limitations and other regulations are permitted (be consistent)

PUBLIC OPPORTUNITY TO ADDRESS THE BOARD

• Post in Accessible Location• A Brief General Description of the Items

Being Considered. (Usually Less Than 20 Words).

• Specify Time and Location – Regular – 72 hours– Special – 24 hours– Emergency – 1 hour– Adjourned – Depends on how adjourned

AGENDA REQUIREMENTS

• General rule - agendas, minutes & writings distributed at board meetings are public records.

• Materials must be made available during or after the meeting if materials are provided at the meeting.

RECORDS & PUBLIC ACCESS

• Specified special election documents

• Preliminary drafts not regularly kept

• Records relating to pending litigation

• Records relating to personal privacy

• Privileged records

• Contents of real estate appraisals

EXCEPTIONS TO PUBLIC DISCLOSURE OF DOCUMENTS

• Government Code Section 54957.2

• Minutes may be kept public record

• Board members can review

• Persons designated by court order

CLOSED SESSION RECORDS

• Civil Action

• Stop or prevent violations • Review board rules/actions or determine applicability • Compel taping of closed sessions

ENFORCEMENT, PENALTIES & REMEDIES

• Criminal Action (Misdemeanor)• Need intent and overt act

• Invalidation• Lawsuit filed to declare action null and void

• Board given “cure and correct” opportunity

• Court costs

• Reasonable attorneys’ fees

• Misdemeanor is punishable by imprisonment in county jail for six months or less and/or fine not exceeding $1000

PENALTIES FOR BROWN ACT VIOLATIONS