To ______________________:
The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:
[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.
The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act Commitment.” You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.
Very truly yours,
________________________________________________
[Chairperson or acting chairperson of the legislative body] 1/7/26, 3:26 PM Codes Display Text
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54960.5.
54961.
54962.
(2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. (3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as “Rescission of Brown Act Commitment,” provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (Added by Stats. 2012, Ch. 732, Sec. 2. (SB 1003) Effective January 1, 2013.) A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. (Amended by Stats. 2012, Ch. 732, Sec. 3. (SB 1003) Effective January 1, 2013.) (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. (Amended by Stats. 2007, Ch. 568, Sec. 35. Effective January 1, 2008.) Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health and Safety Code, or by Sections 37606, 37606.1, and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. (Amended by Stats. 2006, Ch. 157, Sec. 2. Effective January 1, 2007.) 1/7/26, 3:26 PM Codes Display Text
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54963. (a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.
(b) For purposes of this section, “confidential information” means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter.
(c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to:
(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section.
(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grandjury.
(d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section.
(e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following:
(1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information.
(f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. (Added by Stats. 2002, Ch. 1119, Sec. 1. Effective January 1, 2003.) 1/7/26, 3:26 PM Codes Display Text
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SB 707 “Applicable Languages” Determination Guide and Worksheet (Gov. Code § 54953.4(e)(1))
Disclaimer: This resource is provided for general informational purposes only and does not constitute legal advice. It is not a substitute for review by agency counsel. Agencies should consult their own legal counsel to confirm applicability, interpret statutory requirements, and ensure compliance with SB 707 and related laws.
CMCA Legisla�ve Program ǀ [email protected] 1/7/2026 ǀ Page 1 of 6 Purpose
To identify SB 707 “applicable languages” using the most recent ACS language and English proficiency data (Table B16001 or C16001).
Start Here (How to Use This Guide)
1. Open the worksheet on page 4 now.
2. Follow Steps 1–6 and fill out the matching worksheet sec�on (STEP __) as you go.
3. If you select “None of the above (no further analysis required)” in Worksheet Step 1, stop—you’re done.
4. Keep your downloaded ACS table open while comple�ng Worksheet Steps 2–5.
Note about the population number used: ACS Tables B16001 and C16001 only include people age 5 and older. To maintain consistency in the math, this worksheet uses the B16001 or C16001 total (age 5 +) as the “applicable population.” If you instead used the population described in 54953.4(e)(1)(B) (e.g., entire city population, which would include children under 5), the percentages could be slightly lower. Agencies should consult with their legal counsel to confirm this approach.
Step 1: Determine if the Legisla�ve Body is an “Eligible Legisla�ve Body” If the legisla�ve body meets the defini�on of an “eligible legisla�ve body,” con�nue to Step 2. “Eligible legisla�ve body” means any of the following:
A. A city council of a city with a popula�on of 30,000 or more.
B. A county board of supervisors of a county, or city and county, with a popula�on of 30,000 or more.
C. A city council of a city located in a county with a popula�on of 600,000 or more.
D. The board of directors of a special district that has an internet website and meets any of the following condi�ons:
i. The boundaries of the special district include the en�rety of a county with a popula�on of 600,000 or more, and the special district has over 200 full-�me equivalent employees. ii. The special district has over 1,000 full-�me equivalent employees. iii. The special district has annual revenues, based on the most recent Financial Transac�on Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for infla�on commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-�me equivalent employees.
If the legislative body is not an “eligible legislative body,” it does not qualify, and no further analysis is required. 11206 of 11211
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Step 2: Identify the Legislative Body Type and Select the Area to Use in ACS Iden�fy what kind of eligible legisla�ve body you are and select the area you will use for the ACS table, consistent with Gov. Code § 54953.4(e)(1)(B).
• City council → use the city (place)
• County board of supervisors → use the county
• Special district → choose one of the following (by board discre�on):
a. Use the county with the greatest popula�on within the district boundaries, OR b. Use the district’s service area (only if the district has reliable service-area language data) Note: You will enter the “Applicable Popula�on” number in the worksheet using the ACS B16001 or C16001 “Total:” es�mate for the area selected above (see Step 4).
Special districts: If the board selects the ‘county with the greatest popula�on within district boundaries’ op�on, use ACS B16001 or C16001 in Step 3 for that county as the applicable geography. If the board selects ‘service area,’ the district must use reliable service-area language data (ACS may not provide service-area boundaries directly).
Step 3: Obtain Language Data
Use language and English-proficiency data from the most recent ACS, typically ACS 5-year es�mates:
1. Visit htps://data.census.gov/
2. In the search bar, type: “B16001 [your city/county/area]” (or, if B16001 isn’t available, “C16001 [your city/county/area]”). Example: “C16001 Chula Vista, California” Note (B16001 vs. C16001): Try B16001 first. If a recent B16001 is not available for your city/county/area, use C16001 instead for the same area and ACS release. C16001 is less detailed and may combine languages into broader categories. If a combined category meets (or is close to) the 20% threshold and you need to iden�fy a specific language, consult addi�onal Census/ACS materials for more detail, consider an alterna�ve data source (with the required finding), and/or consult legal counsel.
3. Click the result that shows the table �tle: “Language Spoken at Home…” a. Click the Filters icon (le� page column) and ensure the Dataset is the ACS 5-year es�mates using the most recent year
b. Geography: confirm it’s your city/county (or add it if needed)
4. Use the Download icon (across the top) to download the data to Excel or CSV Agencies may use an alternative data source only if they formally determine, based on substantial evidence, that it is equally or more reliable than the ACS for their jurisdiction.
Step 4: Iden�fy Languages Spoken by 20% or More of the Applicable Popula�on From the ACS B16001 or C16001 data downloaded in Step 3:
1. Click the “Data” tab (it may not open automa�cally). In the first row labeled “Total:” copy the value under the “Es�mate” column and enter it as the Applicable Popula�on in the worksheet.
2. Iden�fy any language(s) spoken by 20% or more of that applicable popula�on.
Languages spoken by fewer than 20% of the applicable population do not qualify and may be excluded from further analysis.
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Step 5: Apply the English Proficiency Test
For each language that meets the 20% threshold in Step 4, determine whether 20% or more of people who speak that language speak English less than “very well.”
Note: Use the ACS es�mate for “less than very well” where provided. If the table provides separate categories, sum “well,” “not well,” and “not at all” (i.e., all categories other than “very well”).
Only languages that meet both condi�ons qualify:
1. ≥ 20% of the applicable popula�on speaks the language, and
2. ≥ 20% of that language group speaks English less than “very well.” If either condition fails, the language is excluded.
Step 6: Limit to the Top Three Languages (If Necessary) • If three or fewer languages meet the criteria → all are “applicable languages.” • If more than three languages meet the criteria → select the three languages spoken by the largest percentage of the applicable popula�on.
Step 7: Document the Determina�on (Best Prac�ce)
Prepare a short internal memo or staff report that includes:
• Date of analysis
• Eligibility determina�on (Step 1)
• Type of legisla�ve body and selected geography (Step 2) • Data source used (ACS vintage and table, or alterna�ve source and the suppor�ng finding) • Calcula�ons for each qualifying language
• Final list of applicable languages (including top three selec�on if applicable) Con�nue to the worksheet on Page 4.
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Applicable Languages Determina�on Worksheet (SB 707)
Agency: ______________________________
(STEP 1)
Eligible Legisla�ve Body ☐ City council of a city with a popula�on of 30,000 or more.
Determina�on: ☐ County board of supervisors of a county, or city and county, with a (Confirm eligibility criteria popula�on of 30,000 or more. against the current codified ☐ City council of a city located in a county with a popula�on of 600,000 or more. text of Gov. Code § 54953.4 Board of directors of a special district that has an internet website and meets any of before finalizing.) the following condi�ons:
☐ The boundaries of the special district include the en�rety of a county with a popula�on of 600,000 or more, and the special district has over 200 full-�me equivalent employees.
☐ The special district has over 1,000 full-�me equivalent employees. ☐ The special district has annual revenues, based on the most recent Financial Transac�on Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for infla�on commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-�me equivalent employees.
☐ None of the above (no further analysis required)
(STEP 2)
Type of Legisla�ve Body: ☐ City Council ☐ County Board of Supervisors ☐ Special District Special Districts ONLY - ☐ Popula�on of the county with the greatest popula�on within the district Popula�on Used: boundaries
☐ Popula�on of the district’s service area (only if the district has reliable language data for that area)
Applicable Popula�on: _______________________________ (From the downloaded ACS B16001 or C16001 table, enter the value in the first row labeled “Total:” under the “Es�mate” column.) To keep the calculations consistent, this worksheet uses the ACS Table B16001 or C16001 total (population age 5 and over) as the “applicable population” denominator, so the language counts and population total come from the same ACS table and geography. Using a larger population total that includes residents under age 5 (who are not included in B16001) could lower the calculated percentages and potentially make a language appear below the 20% threshold when it would otherwise qualify.
(STEP 3)
American Community Survey (ACS) Source Informa�on
ACS release: (e.g., “2023 ACS 5-year”)
ACS table: (e.g., “B16001” or “C16001”)
Geography used: (e.g., “Chula Vista city, California”)
Download date:
San Mateo 97,006 4-23-2026 ✔
✔
San Mateo City, California C16001 2024 AC 11209 of 11211 SB 707 “Applicable Languages” Determina�on Guide and Worksheet CMCA Legisla�ve Program ǀ [email protected]
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(STEPS 4 & 5)
Languages Spoken and Threshold Determina�on
COLUMN A COLUMN B COLUMN C COLUMN D COLUMN E COLUMN F COLUMN G COLUMN H Applicable
Popula�on
Language Es�mated
Number of
Speakers
% of
Applicable
Popula�on
Speak
English Less
Than “Very
Well”
% of
Es�mated
Number of
Speakers
Meets Both
Language
Thresholds
Included in
Top Three
(If Needed)
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
☐ Yes
☐ No
Table Comple�on Instruc�ons (see example on the following page):
Column A: Enter the Applicable Popula�on from Step 2. (From the downloaded ACS B16001 or C16001 table, enter the value in the first row labeled “Total:” under the “Es�mate” column.) Column B: Enter the language from the ACS data table downloaded in Step 3.
Column C: Enter the es�mated number of speakers from the ACS data table column �tled “Es�mate.” Column D: Calculate the percentage of speakers of that language from the applicable popula�on. Formula: (Column C/Column A)*100.
If the percentage is less than 20%, the language does not qualify and may be excluded from further analysis.
Column E: Enter the number of speakers from the ACS data table who speak English less than “very well.” In ACS Table B16001 or C16001, “less than very well” means all categories other than “Speaks English very well.” If the table displays separate categories (e.g., “well,” “not well,” “not at all”), sum those categories to obtain Column E.
Column F: Calculate the percentage of that language’s speakers who speak English less than very well. Formula:
(Column E/Column C)*100.
Column G: If both Column D and Column F are 20% or greater, the language meets both thresholds; check Yes.
Otherwise, check No.
Column H: If there are more than three languages that meet both thresholds(i.e., ≥ 20% in both Columns D and F), choose the three languages spoken by the largest percentage of the applicable population (Column D). (STEP 6)
Applicable Languages: ______________________________ or ☐ None ______________________________
______________________________
Prepared by: ______________________________ Date: ______________________________ 97006 Spanish 19909 8626 43.3% French 965 1.0% 0.0% Tagalog 2786 2.9% 0.0% Russian 1454 1.5% 0.0% Korean 718 0.7% 0.0% Chinese 9121 9.4% 0.0% Spanish Martin McTaggart 4-23-2026 20.5% ✔ ✔
✔
✔
✔
✔
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EXAMPLE OF COMPLETED TABLE: Languages Spoken and Threshold Determina�on
COLUMN A COLUMN B COLUMN C COLUMN D COLUMN E COLUMN F COLUMN G COLUMN H Applicable
Popula�on
Language Es�mated
Number of
Speakers
% of
Applicable
Popula�on
Speak
English less
than “very
well”
% of
Es�mated
Number of
Speakers
Meets Both
Language
Thresholds
Included in
Top Three
(If Needed)
261,003
(From ACS
B16001 or
C16001
Table Total:
Population 5
years and
over, Line 1)
Spanish
(from ACS
Data Table)
119,622
(from ACS
Data Table)
(119,622/
261,003)*
100=
45.83%
43,898
(from ACS
Data Table)
(43,898/
119,622)*
100=
36.70%
☒ Yes
☐ No
☒ Yes
☐ No
Tagalog 16,225 6.22% N/A N/A ☐ Yes
☒ No
☐ Yes
☐ No
☐ Yes
☐ No
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