The Brown Act
Alex Mog, City Attorney
December 17, 2024
Brown Act
•Meetings…
•Of Legislative Bodies…
• Shall be open and public
Open Meeting Requirements
Legislative Bodies
What is a
legislative body?
Governing
body
Appointed
body
Standing
committee
What is not a
legislative body?
Ad hoc
committee if
comprised
of less than a
quorum
Brown Act
Brown Act
• A congregation of a majority of the members at the
same time and place to hear, discuss, or deliberate
on an item of business within the agency’s subject
matter jurisdiction
• Does not need to be an item actively pending before
the body
Definition of “Meetings”
Brown Act
• Conferences
• Community Meetings (open to the public)
•Individual contacts
• Meetings of other legislative bodies
• Standing Committees (but can’t participate)
• Social or ceremonial events
BUT a majority must not congregate to discuss
anything within its subjective matter jurisdiction.
Exceptions
Brown Act
•A majority may not, outside
a meeting, use a series of
communications to discuss,
deliberate, or take action
on any item of business
Avoiding “Serial Meetings”
– Does not prevent employees and officials from
engaging in separate conversations outside
of a meeting provided that the comments or
positions of other members are not
communicated
Brown Act
Hub and spoke
A staff member (the hub)
communicates with members
of a legislative body (the spokes)
one-by-one for input on a
proposed action and in the process
reveals members’ positions to
other members in advance of the
meeting.
Examples
Avoiding “Serial Meetings”
Brown Act
Daisy Chain
Member A contacts Member B,
Member B contacts Member C,
Member C contacts Member D
and so on, until a quorum has discussed,
deliberated or taken action on an item within the
legislative body’s subject matter jurisdiction.
Examples
Avoiding “Serial Meetings”
Brown Act
Emails
Informal nature of email
communication is ripe
for inadvertent Brown Act
violations
Examples
Avoiding “Serial Meetings”
Brown Act
• Prohibition applies on a topic-by-topic basis
•Whether conversation is about the same topic should
be construed broadly
• There is a temporal element to whether two
conversations are about the same topic, but no bright
line rule
Avoiding “Serial Meetings”
Brown Act
•Ad hoc committee is a committee of less than a quorum
that serve limited or single purpose
•Members not on the Ad hoc can’t attend meetings
•Overlap with standing committees requires caution
Ad-Hoc Committees
Brown Act
•Government Code section 54952.2
•Members of a legislative body may not respond directly to any communications posted on the internet by other members of the same legislative body regarding a matter within the jurisdiction of the legislative body. • This includes comments and digital icons (emojis)
•Applies to all generally accessible social media
platforms
Social Media
Brown Act
• Closed session discussions are
confidential
• Required to publicly report certain
actions taken in closed session
Examples of Permissible Closed
Session Topics:
Closed Sessions
• Real estate negotiations
• Threatened or existing
litigation
• Initiation of litigation
• Personnel
• Labor negotiations
• Public security
Brown Act
• Posting requirements:
• Regular meetings must
be posted 72 hours
before meeting
• Special meetings must
be posted 24 hours
before meeting
Posted Agendas
• Exceptions
– Emergency
– Urgency need for
immediate action
came to agency’s
attention after
posting the agenda
Brown Act
• Regular meetings must provide
an opportunity for the public to
speak regarding any matter within
the body’s jurisdiction
• Legislative body may briefly discuss
these items and refer matters to staff,
but cannot take action
Public Participation Rights
• Public can address the legislative body on matters on the agenda before or during consideration of the item
Brown Act
• May ask, but may not require members of
public to identify themselves or state address
• No secret ballots
• Can’t limit negative comments
• Allocated time doubled if translator required
Public Participation Rights
Brown Act
• Individuals may be removed if engaged in
disruptive conduct
• Behavior must actually disrupt, disturb,
impede, or render infeasible the orderly
conduct of the meeting
• Must warn individual that their behavior is
disrupting meeting and they may be removed
if they don’t stop
Public Participation Rights
Brown Act
Public Participation Rights
Public has the
right to make
audio/video
recordings
Brown Act
Teleconference- Traditional Rules
•Agenda posted at all locations, with teleconference
locations specifically identified
•All locations open to the public with public
participation possible at each location
•At least quorum of legislative body member must
participate from locations within city boundaries
•Roll call votes only
Brown Act
Teleconference- Traditional Rules
•No limit on number of meetings it can be used
•No requirement to provide similar option for public
• Can participate by phone or video
Brown Act
AB 2449
• Provides alternative teleconference procedures
• At least a quorum of the legislative body must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the local agency;
• A member may only teleconference for publicly disclosed "just cause" or in "emergency circumstances" approved by the legislative body; and
• A member may only teleconference for a limited number of meetings.
Brown Act
AB 2449
• Qualifying Circumstances:
o "Just cause" means: (1) childcare or caregiving need; (2) contagious illness; (3) physical or mental disability needs; or public official business travel.
o "Emergency circumstances" means a physical or family medical emergency.
• Allowed for 5 meetings per year (new change
enacted by AB 2302)
o Of this limit, “just cause” can only be used twice per year Brown Act
AB 2449
• Member must make request to participate remotely as soon as possible
• Must provide general description of reason
• Identify any adult in the room with the member
• Member must participate through both audio and visual technology
• Must provide public the option of participating in the meeting through similar audio/visual technology
Brown Act
Consequences of Violating the Brown Act
•Nullification of a decision made in violation of the
Brown Act’s requirements;
•Requirement to Cure & Correct and/or court
injunction
• Criminal penalties
•Award of attorneys’ fees
• Loss of public confidence.
Questions?
Q&A?