The Brown Act. The Brown Act of 1953 (Government Code ) governs meeting access for local public bodies.

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1 The Brwn Act The Brwn Act f 1953 (Gvernment Cde ) gverns meeting access fr lcal public bdies. Meetings under the Brwn Act A meeting is any gathering f a majrity f the members f a bard t hear, discuss, r deliberate n matters within the agency's r bard's subject matter jurisdictin. ( (a)) N vte r actin is required fr the gathering t be a meeting. The questin abut any gathering is whether it serves as a cnduit fr cllective cncurrence. Other imprtant pints abut public meetings include: Must be pen and public, and may nt be secret; Serial meetings and Hub & Spke meetings are illegal ( (b)(1)); and If actin is taken in vilatin f pen meetings laws, actin may be vided. ( 54953(a). See Appendix A fr the 5 types f meetings allwed by the Brwn Act. The Brwn Act applies T Lcal agencies, including cunties, cities, schl and special districts. ( 54951) T Legislative bdies f each agency--the agency's gverning bdy plus any bard, cmmissin, cmmittee, task frce r ther advisry bdy created by the agency, whether permanent r temprary. ( 54952(b)) T any standing cmmittee f a bard, regardless f the number f members, and having cntinuing jurisdictin ver a particular tpic. ( 54952(b)) The Brwn Act des nt apply T ad hc advisry cmmittees cnsisting f less than a qurum f the cvered bard ( 54952(b)); mst nn-prfit crpratins. T all ther gvernment agencies. State gvernmental agencies are cvered by the Bagley-Keene Open Meeting Act f (Gvt. Cde ) Students and campuses f the Califrnia State University are cvered by the Glria Rmer Open Meetings Act f (Gvt. Cde ) Certain gatherings by the bard are nt cvered by the Brwn Act as lng as the bard members d nt deliberate n tpics within the bard s subject matter jurisdictin. Fr example: At a cnference pen t the public invlving issues f general interest t the public. ( (c)(2));

2 At a publicized meeting rganized t address cmmunity cncerns by anther rganizatin ( (c)(3)); At a nticed meeting f anther rganizatin ( (c)(4)); At a purely scial r ceremnial ccasin ( (c)(5)); and At a nticed standing cmmittee meeting prvided the nn-member bard members attend nly as bservers. ( (c)(6)). The Brwn Act requires a lcal agency T pst ntice and an agenda at least 72 hurs in advance f any regular meeting ( (a)); additinally Pst ntice f cntinued meetings, ( ); Deliver ntice f special meetings at least 24 hurs in advance (t thse wh request it), ( 54956); Deliver ntice f emergency meetings at least ne hur in advance. ( (a)(2)); and Allw actins n items that have nt been agendized nly under the fllwing situatins. ( (b)); 1. When a majrity vte f the bard establishes an emergency situatin; 2. When a 2/3 vte bard (r unanimus, if 2/3 nt present) decides that there is a need t take immediate actin n an item that came t the attentin f the bard after the agenda was psted; r 3. When an item has been pstpned frm a previus meeting that ccurred nt mre than 5 days ag. T ntify the media f special r emergency meetings (if requested), ( (b)(2)); Allw media t remain in meetings cleared due t public disturbance. ( ) T hld free f charge meetings in places accessible t all ( 54961(a)). T nt require a "sign in" fr anyne. ( ) T allw nn-disruptive recrding and bradcast f meetings, ( (a)), and Let the public inspect any recrding made by the agency f its pen meetings. ( (b)) The agency may destry recrdings it made after 30 days. ( (b)) T allw the public t address the bard at regular r cmmittee meetings n any item in the agency's subject matter jurisdictin. ( (a)) LRCuesta, PRP Brwn Act Summary 8/2/2016 2

3 T cnduct nly public vtes, with n secret ballts. ( 54953(c)) T treat dcuments as public withut delay, if distributed t all r a majrity f members f a bard befre r at the meeting, being that these dcuments are disclsable under the Public Recrds Act. ( ) The Brwn Act s cmplex exceptin Clsed Sessins Clsed sessins are permitted nly if they meet defined purpses and fllw special requirements ( (a)(1), , ). Special public ntice and agenda requirements apply ( , , ). All actins taken and all vtes in clsed sessin must be publicly reprted rally r in writing within 24 hurs ( (b)), and cpies f any cntracts r settlements finally apprved must be made available prmptly ( (c)). The Brwn Act des nt require clsed sessin. Hwever, it des allw clsed sessins under special situatins that shall be cited n the agenda befre the bard ges int clsed sessin. 1. Persnnel -- Only t discuss the appintment, emplyment, perfrmance evaluatin, discipline, cmplaints abut r dismissal f a specific emplyee r ptential emplyee ( 54957(b)(1)). The emplyee may request a public meeting n any charges r cmplaints. But nt fr deliberatin f general persnnel plicies r individual salaries unless as part f disciplinary actin r labr negtiatins. 2. Pending Litigatin -- Only if pen discussin wuld prejudice the psitin f the agency in the litigatin. ( ).The litigatin must be named n the psted agenda r annunced in pen sessin unless ding s wuld jepardize the bard's ability t service prcess n an unserved party r cnclude existing settlement negtiatins t its advantage. ( (c)). But nt simply fr prtectin f attrney/client privilege. 3. Labr Negtiatins -- Only t instruct the agency's identified negtiatr n cmpensatin issues ( ). But shall first identify its designated representative. 4. Prperty Negtiatins -- Only t discuss, with an agency's identified bargaining agent, price r payment terms. The parcel, negtiatrs and the prspective seller r purchaser must be n the agenda. ( ) Final price and payment terms must be disclsed when the actual lease r cntract is discussed fr apprval. ( (a)(1)) LRCuesta, PRP Brwn Act Summary 8/2/2016 3

4 But nt fr discussin f ptential sites, but rather abut a specific ne. The bard shall als identify its negtiatr, the real prperty invlved, and the ppsing party. 5. Others -- License applicatins fr peple with criminal recrds ( ); threats t public services r facilities; ( 54957) insurance pling ( )). Shall vs May: Ntice that the Brwn Act smetimes specifies that an actin SHALL be taken and at ther times it states that an actin MAY be taken. The SHALL refers t mandatry requirements f this law. The MAY refers t actins that a bard has permissin t perfrm if the bard has the authrity frm its wn bylaws r rules. Telecnference: An example f an actin that the Brwn Act allws a bard t perfrm (if its bylaws allw it) is t hld a meeting by Telecnference. If a bard hlds a meeting by telecnference, the Brwn Act dictates under what cnditins this actins shall be taken. Such as the fllwing ( 54953): 1. The telecnference meeting shall cmply with all ther requirements. 2. All vtes shall be taken by rll call. 3. Agenda shall be psted at all telecnference sites. 4. Each telecnference site shall be identified n the meeting s psted ntice and agenda. 5. Each telecnference site shall be accessible t the public. 6. The public shall be prvided an pprtunity t address the bard frm each f the telecnference sites. 7. At least a qurum f the bard members shall participate frm within the bundaries f the bard s jurisdictin. The Brwn Act is a state law. It specifies the minimum that the public expects because the public insists n remaining infrmed. The public intends n retaining cntrl ver the instruments they have created. (See Appendix B fr ften misunderstd facts abut the Brwn Act.) This is a brief summary f general infrmatin n the Brwn Act. This des nt substitute fr research r attrney cnsultatin n any specific situatin. LRCuesta, PRP Brwn Act Summary 8/2/2016 4

5 Appendix A: The Brwn Act Allws fr 5 Types f Meeting Meeting Type Pst and Ntice Ordered by Regular ( ) Pst at least 72 hurs befre Ordered per bylaw r mtin the meeting. Ntice mailed t thse n a list fr a minimal fee. Adjurned ( 54955) Special ( 54956) Emergency ( ) Dire Emergency ( ) Pst at least 24 hurs after adjurnment f riginal meeting that set the adjurned meeting. Psted near the dr! If the hur is mitted, the hur is that f the regular meeting. Ntice in same manner as in Special Meeting. Pst at least 24 hurs befre the meeting. Written ntice t each member and media (that requested it) at least 24 hurs befre the special meeting. Written ntice is dispensed with if member waives it r attends meeting. May be called t discuss budget but nt salaries. Pst at least 24 hurs befre, if pssible. Ntify the media (that requested it) at least 1 hur befre, r when pssible. Minutes shall be psted fr at least 10 days as sn as pssible. Pst at least 24 hurs befre, if pssible. Ntify the media (that requested it) at least 1 hur befre, r when pssible. Minutes shall be psted fr at least 10 days as sn as pssible. Ordered by majrity vte at regular meeting, adjurned meeting, r special meeting. Qurum is nt required. If all members are absent, clerk r secretary may declare adjurnment and set the adjurned meeting. Ordered by presiding fficer r majrity f the members Ordered by majrity f members fr cnditins f wrk stppage, crippling activity, impaired public health r safety. Ordered by majrity f members fr cnditins f crippling disaster, mass destructin, terrrist act, endangered public health r safety. LRCuesta, PRP Brwn Act Summary 8/2/2016 5

6 Appendix B: Ten Often Misunderstd Facts abut the Brwn Act 1. Standing Cmmittees irrespective f their cmpsitin with a cntinuing subject matter jurisdictin r with frmally scheduled meetings are subject t the Brwn Act. ( 54952) 2. Nthing in the Brwn Act is intended t allw members f the public free admissin t a cnference r similar gathering at which the rganizers have required ther participants r registrants t pay fees as a cnditin f attendance. ( (c)(2)) 3. A member f the public shall nt be required, as a cnditin t attendance at a meeting, t register his name, t prvide ther infrmatin, t cmplete a questinnaire, r therwise t fulfill any cnditin precedent t his attendance. ( ) 4. The bard may adpt reasnable regulatins t ensure that the public has an pprtunity t address the bard, including but nt limited t, limiting the ttal time allcated fr public testimny n an issue and fr each speaker. ( (b)) 5. The bard shall nt prhibit public criticism f the plicies, prcedures, prgrams, r services f the bard, r f the acts r missins f the bard. ( (c)) 6. Nthing in the Brwn Act shall cnfer any privilege r prtectin fr expressin beynd that therwise prvided by law. ( (c)) 7. Prir t hlding any clsed sessin, the bard shall disclse, in an pen meeting, the item t be discussed in clsed sessin limited t items n In clsed sessin the bard may cnsider nly thse matters cvered in its statement. ( (a)) 8. In the event that any meeting is willfully interrupted by a grup f persns s as t render the rderly cnduct f such meeting unfeasible, the bard may rder the meeting cleared and cntinue in sessin. ( ) 9. A curt may award curt csts and reasnable attrney fees t the plaintiff in any actin brught frth that finds the bard has vilated the Brwn Act. ( ) 10. A curt may award curt csts and reasnable attrney fees t a defendant in any actin brught frth that finds that the accusatin was clearly frivlus and ttally lacking in merit. ( ) LRCuesta, PRP Brwn Act Summary 8/2/2016 6