The Brown Act governs open meetings for local government agencies in California. It requires that legislative bodies conduct their business in public and provide notice and access to their meetings. Meetings include gatherings where a majority of members discuss agency business. Exceptions exist for individual contacts and social gatherings not discussing business. The Brown Act sets rules for regular, special, emergency and adjourned meetings including agendas, public comment periods, and teleconferencing. It aims to balance open government with practical operations, and violations can result in civil or criminal penalties.

1. GET TO KNOW THE BROWN ACT

2. 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.

3. 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

4. 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)

5. 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

6. TYPES OF MEETINGS Regular Special Adjourned Emergency

7. GENERAL MEETING REQUIREMENTS Open and Public No Conditions on Attendance Accessible Video/Audio & Broadcasting

8. MEETING REQUIREMENTS, PART 2 Teleconferencing Location Public Opportunity to Address Board Agendas

9. REGULAR MEETINGS Time and Place Set by Ordinance, etc. 72 Hours Notice Required

10. WHAT ABOUT ITEMS NOT ON THE AGENDA 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!

11. SPECIAL MEETINGS 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

12. EMERGENCY 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

13. NOTICE REQUREMENTS FOR 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

14. 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.

15. PROHIBITED MEETINGS 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

16. TELECONFERENCING 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

17. PUBLIC OPPORTUNITY TO ADDRESS THE BOARD 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)

18. AGENDA REQUIREMENTS 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

19. RECORDS & PUBLIC ACCESS 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.

20. EXCEPTIONS TO PUBLIC DISCLOSURE OF DOCUMENTS 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

21. CLOSED SESSION RECORDS Government Code Section 54957.2 Minutes may be kept  public record Board members can review Persons designated by court order

22. ENFORCEMENT, PENALTIES & REMEDIES Civil Action Stop or prevent violations Review board rules/actions or determine applicability Compel taping of closed sessions Criminal Action (Misdemeanor) Need intent and overt act Invalidation Lawsuit filed to declare action null and void Board given “cure and correct” opportunity

23. PENALTIES FOR BROWN ACT VIOLATIONS Court costs Reasonable attorneys’ fees Misdemeanor is punishable by imprisonment in county jail for six months or less and/or fine not exceeding $1000