City Attorney Presentation on the Brown Act for Commissions
Presentation on Open Meeting Laws
The Ralph. M. Brown Act
City Attorney Heather M. Minner
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It is the People’s Business
The people of the State do not yield their sovereignty to the agencies which serve them.
The people insist on remaining informed so that they may retain control over the instruments they have created.
The people do not give their public servants the right to decide what is good for them to know and what is not good for them to know.
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The Heart of the Brown Act
All meetings of the legislative body shall be open and public, and all persons shall be permitted to attend any meetings, except as otherwise provided in this chapter.
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What is a meeting?
Any gathering of a majority of members to hear, discuss, deliberate, or take action on any item within the subject matter of the governing body.
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Impermissible Serial Meetings
A majority of members shall not use a series of communications, directly or through intermediaries, to discuss or take action on any item of business.
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Impermissible Serial Meetings
Daisy Chain
Hub and spoke
Individual briefings OK, so long as not developing a collective concurrence.
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Meetings Not Subject To the Brown Act
Contacts with individuals
Conferences
Community meetings
Other legislative bodies
Social or ceremonial events
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Open and Public Meetings
Agenda with brief description of each item 72 hours in advance.
No action or discussion on non-agenda items. Except:
brief response, request for information, placing item on future agenda, brief announcements.
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Open and Public Meetings
Written materials made available.
Public permitted to freely attend and observe.
Public permitted to speak.
Reasonable limits for order and to avoid disruptions.
Minutes recorded.
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Consequences for Violations
Civil suits to invalidate the action taken/enjoin future violations.
Payment of attorneys fees.
Misdemeanor convictions of individuals.
Requires an overt act and intended violation.
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Thank You for Your Service!
City Attorney Heather M. Minner
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