1

THE BROWN ACTTHE BROWN ACT

2

Brown ActBrown Act

Codified in Government Code §§ Codified in Government Code §§ 54950 et seq.54950 et seq.

Basic Rule: Basic Rule: ““meetingsmeetings”” of legislative of legislative bodies must be open and publicbodies must be open and public

PurposePurpose Facilitate Public ParticipationFacilitate Public Participation Curb Misuse of Democratic Process by Curb Misuse of Democratic Process by

Secret Legislation by Public BodiesSecret Legislation by Public Bodies

3

Brown ActBrown Act

The 2035 General Plan Update The 2035 General Plan Update Citizens Committee is Subject to Citizens Committee is Subject to Brown ActBrown Act

Meetings Must be Conducted in Open Meetings Must be Conducted in Open Public SessionsPublic Sessions

Agendas Must be Posted in AdvanceAgendas Must be Posted in Advance

4

Brown Act – Brown Act – agenda rulesagenda rules

AgendaAgenda

Agenda must be posted at least 72 hours Agenda must be posted at least 72 hours in advance for regular meetings; 24 hours in advance for regular meetings; 24 hours in advance for special meetingsin advance for special meetings

Agenda must specify the time and place Agenda must specify the time and place of meeting and general description of of meeting and general description of each item of business (20 words is each item of business (20 words is sufficient)sufficient)

5

Brown Act – Brown Act – agenda rulesagenda rules

Agenda must provide a public comment Agenda must provide a public comment period for public to address the committee period for public to address the committee before or during consideration of an item before or during consideration of an item on the agenda on the agenda andand unscheduled public unscheduled public comment period on any matter w/in the comment period on any matter w/in the jurisdiction of the committeejurisdiction of the committee

Agenda must include information Agenda must include information regarding ability to request modification or regarding ability to request modification or accommodation to allow a person with a accommodation to allow a person with a disability to participate in the meetingdisability to participate in the meeting

6

Brown Act – Brown Act – agenda rulesagenda rules

Committees cannot discuss or take Committees cannot discuss or take action on any item not appearing on the action on any item not appearing on the agendaagenda

Narrow Exceptions Narrow Exceptions briefly responding to comments made by a briefly responding to comments made by a

private person during public comment private person during public comment period; period;

asking staff for clarification, asking staff for clarification, directing staff to place item on future agendadirecting staff to place item on future agenda Making brief announcement regarding Making brief announcement regarding

membermember’’s own activitiess own activities

7

Brown Act Brown Act - - publicpublic’’s rightss rights

MemberMember’’s of public shall not be s of public shall not be required to register their names or required to register their names or provide other info to attend meeting provide other info to attend meeting (but they can be req(but they can be req’’d to give name d to give name and address to comment).and address to comment).

Public has right to videotape or Public has right to videotape or record meeting so long as they record meeting so long as they dondon’’t create a persistent disruption.t create a persistent disruption.

8

Brown Act – Brown Act – publicpublic’’s rightss rights

Information, documents, reports Information, documents, reports given to committee must be equally given to committee must be equally available at same time to the public. available at same time to the public. This would include any Powerpoint This would include any Powerpoint presentations presented to the presentations presented to the Committee. Committee. Note that there is no time requirement Note that there is no time requirement

for reports to be prepared prior to a for reports to be prepared prior to a meeting like there is for agendas to be meeting like there is for agendas to be posted (common misunderstanding)posted (common misunderstanding)

9

Brown Act – Brown Act – publicpublic’’s rightss rights

If requested, agenda must be made If requested, agenda must be made available in alternative formats available in alternative formats

10

Brown Act Brown Act – – ““meetingmeeting”” rules rules

““MeetingMeeting””:: Includes any congregation of a majority of Includes any congregation of a majority of

the members of the Committee at the same the members of the Committee at the same time and place to hear, discuss, or time and place to hear, discuss, or deliberate upon any item that is within the deliberate upon any item that is within the subject matter jurisdiction of the Committee subject matter jurisdiction of the Committee of the local agency to which it pertains. (GC of the local agency to which it pertains. (GC 54952.2).54952.2).

No need for Committee to take action for a No need for Committee to take action for a gathering to be a gathering to be a ““meetingmeeting””

11

Brown Act – Brown Act – ““meetingmeeting”” rules rules

Serial MeetingsSerial Meetings ProhibitedProhibited Defined as meetings that at any one Defined as meetings that at any one

time only involve less than a quorum of time only involve less than a quorum of the legislative body, but eventually the legislative body, but eventually result in the development of a result in the development of a collective collective concurrenceconcurrence without any formal meeting without any formal meeting that satisfies the requirements of the that satisfies the requirements of the Brown Act.Brown Act.

12

Brown Act – Brown Act – ““meetingmeeting”” rules rules

GC 54952.2(b): GC 54952.2(b): ““any use of direct any use of direct communication, personal communication, personal intermediaries, or technological intermediaries, or technological devices that is employed by a devices that is employed by a majority of the members of the majority of the members of the [Committee] to develop a collective [Committee] to develop a collective concurrence as to action to be taken concurrence as to action to be taken on an item by the members of the on an item by the members of the [Committee] is prohibited.[Committee] is prohibited.””

13

Brown Act – Brown Act – ““meetingmeeting”” rules rules

Two Common Types of Serial Two Common Types of Serial MeetingsMeetings Chain of direct communications between Chain of direct communications between

the decision makers themselves (e.g. e-the decision makers themselves (e.g. e-mails being forwarded)mails being forwarded)

A series of communications between A series of communications between individual decision makers and a third individual decision makers and a third party, such as a developer or a city staff party, such as a developer or a city staff person.person.

14

Brown Act – Brown Act – ““meetingmeeting”” rules rules

Gatherings that are not meetingsGatherings that are not meetings Individual Contact - Conversation between Individual Contact - Conversation between

committee member and any other person committee member and any other person where where the person is not the person is not ““pollingpolling”” members or members or conveying information obtained from other conveying information obtained from other Committee members.Committee members.

Conference, Public Meeting, Social/Ceremonial Conference, Public Meeting, Social/Ceremonial Exception – attendance by majority at Exception – attendance by majority at conference, public meeting or social gathering conference, public meeting or social gathering provided members do not discuss among provided members do not discuss among themselves specific business w/in bodythemselves specific business w/in body’’s s subject matter jurisdiction. subject matter jurisdiction.

15

Brown Act - Brown Act - ViolationsViolations

Remedies for ViolationsRemedies for Violations Any interested person may demand that Any interested person may demand that

the body declare any action taken in the body declare any action taken in violation of the Brown Act to be null and violation of the Brown Act to be null and void and cure defect w/in 30 or 90 days of void and cure defect w/in 30 or 90 days of violationsviolations

City may be required to pay attorneyCity may be required to pay attorney’’s fees s fees to prevailing partyto prevailing party

Individual members may also be criminally Individual members may also be criminally liable if member attends meeting with liable if member attends meeting with intent to deprive public of informationintent to deprive public of information

16

QUESTIONS?QUESTIONS?