Grover Beach City Council
February 11, 2025

The Brown Act—A Brief Overview
Presented by: Robert Lomeli
City of Grover Beach| February 11, 2025
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Presenter
2 [email protected]
805.788.9620
Robert Lomeli
Rob Lomeli is an Attorney in Lozano Smith’s San Luis Obispo Office. Mr.

Lomeli primarily represents local government offices with a focus on public meetings and governance, contracts, investigations and labor negotiations. Mr. Lomeli is a member of the firm’s AI Working Group and has co-authored the firm’s AI resources. He is experienced in the Brown Act, California Public Records Act, employee and employer side labor negotiations, public safety investigations, employee discipline, municipal elections and adjudicated water basins. Mr. Lomeli is also an adjunct law school professor.

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Topics
 Brown Act Overview
 Meetings
 Teleconferencing
 Public Participation
 Closed Sessions
 Brown Act Violations
3 Brown Act
Overview
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Brown Act Overview
 The Legislature adopted the Brown Act,
commonly referred to as California’s
“Open Meetings Laws” in 1964.
 On November 2, 2004, the voters
approved Proposition 59 to mandate that
the Brown Act be broadly construed in
furtherance of the public’s “right of
access to information concerning the
conduct of the people’s business.”
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What Does the Brown Act Require?
 Actions and deliberations taken openly and
in public
 Meetings are public unless closed session is
allowed
 Meeting agendas and packets must be
publicly available
 Agenda posted in advance
 Public right to attend and comment
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Who is Subject to the Brown Act?
 Governing Bodies
 Subcommittees and Commissions
 Private Entities Created by Legislative Body or
Funded by a Local Agency
7 Meetings
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What is a Meeting?
 Any congregation of a majority
of members at the same time
and location to hear, discuss, or
deliberate on any item within
the Public Agency’s jurisdiction.
 Even if no action taken or no
concurrence reached.
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Serial Meetings

LINEAR OR CHAIN MEETING HUB OR SPOKE MEETING
A
B
C
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One-Way Transmission of Information
 Agency employees and officials can provide information to councilmembers if they are not communicating the position of other board members.
 One-way transmission of information by a board member to other board members is … complicated.
−Avoid communicating a position
−Information only, with no responses, may be permissible (e.g., an article) 11 LozanoSmith.com
When Can Governing Boards Meet?
• Regular Meetings – 72-hour notice
• Special Meetings – 24-hour notice
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Where Can Governing Boards Meet?
• Usually within
boundaries of the
local agency
• Exceptions
13 Teleconferencing
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Traditional Brown Act Teleconferencing
Location Quorum of the Board must participate within the District’s boundaries
Notice/Agenda
Agenda must identify each teleconference location with
opportunity for the public to address the Board directly at each teleconference location. Agenda must be posted at each
teleconference location.

Technology Requirement None expressly listed
Public Comment
The public is allowed access to each Board member’s
teleconference location and permitted to address the Board at each teleconference location.

When Available ALWAYS!
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AB 2449 At a Glance: Just Cause, Emergency Medical
Remote Attendance, Board Meeting Requirements
Required Under AB 2449 Not Required Under AB 2449
Circumstances/Findings
 Just Cause/Emergency Disclosed
 Board Action to Approve Just Cause/ Emergency
 Frequency of Use Limited
Board action to approve remote attendance
required, but no resolution needed
Agenda Identify public call-in option or internet-based service option to attend.

Jurisdiction Quorum of board members must participate from one location within the district with public access
Public Comment Must accept public comments virtually in real-time Each teleconference location need not be accessible to the public
Location Access
Remote board member must be on video and audio.

Board member must identify relationship to adults in the remote room location.

Teleconference location need not be
accessible to the public. Teleconference
location need not be on the agenda.

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AB 2302—New Limits on Remote Participation
Refines and tailors regular meeting limits under AB 2449:
 If your Board meets:
o Once or less times per month: 2 meetings per year
o Twice per month: 5 meetings per year
o Three or more times per month: 7 meetings per year
 Does not include special or emergency meetings
 Expires January 1, 2026
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Just Cause and Emergency Circumstance
 Childcare
 Caregiver need
 Contagious illness
 Disability
 Travel on official state or local
business
 Physical emergency
 Family emergency

JUST CAUSE EMERGENCY
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Remote Public Access and Recording
 Remote Access to the Public is not required.
 Recording of meetings is also not required, however, if a local agency records, it must be made available to the public.

Public
Participation
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Public Participation
• A board meeting is a meeting of the
board held in public, not a meeting
of the public held in front of the
board.
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Public Participation
• Public comment
• Recording / photography
• Disruptions
22 LozanoSmith.com
Response to General Public Comments
 Board may:
−Respond briefly (i.e., we hear you, thank you, we will look into it, etc.) −Ask staff to look into questions/issues posed and provide answer back to council
−Refer public commentor to inquire with appropriate staff −Ask to add item to future agenda per “rules or procedures” of the Board  However, it is not an open dialogue.
23 Closed Sessions
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Boards May Meet in
Closed Session
25 Real Property Transactions
Litigation
Personnel Exception
Labor Negotiations
Public Safety
Cybersecurity
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Closed Sessions
• Announce in open
session the basis for
closed session
• Report action and vote
taken in closed session
26 LozanoSmith.com
Closed Session: Confidentiality
 Board members are legally prohibited from
speaking publicly about confidential
information that has been acquired in closed
session
Brown Act
Violations
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Brown Act Violations
29 THE REMEDIES FOR A VIOLATION OF THE BROWN

ACT INCLUDE NULLIFICATION OF ACTION TAKEN,

CURE AND CORRECTION, AN AWARD OF
ATTORNEYS’ FEES, AND IN CERTAIN
CIRCUMSTANCES DAMAGES.

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Additional Resources
Institute for Local Government
www.ca-ilg.org
California Fair Political Practices Commission
www.fppc.ca.gov
California Attorney General
www.oag.ca.gov/publications
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For more information or questions about the
presentation, please feel free to contact:

Robert Lomeli
805.788.9620
[email protected]
Senior Counsel
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