Ralph M. Brown Act:
Attorney General's Guide

(Note: This page contains a segment of the California Attorney General's 1994 pamphlet, "The Brown Act: Open Meetings for Local Legislative Bodies," Deputy Attorney General Ted Prim, editor. No alteration of the substance has been made in placing the pamphlet on this site, although some formatting changes have been made to allow for navigating the text.)

TABLE OF CONTENTS

INTRODUCTION

SUMMARY OF BROWN ACT

I. PURPOSE AND SCOPE

II. BODIES COVERED BY THE BROWN ACT

1. Local Agencies

2. Legislative Bodies

A. Governing Bodies

B. Subsidiary Bodies

C. Nonprofit Corporations and Other Entities

D. Hospital Lessees

III. MEETING DEFINED

1. Face to Face Meetings

A. Conferences and Retreats

B. Other Public Meetings

C. Meetings of Other Bodies under the Same Local Agency

D. Social or Ceremonial Occasions

2. Serial Meetings

A. Individual Contacts between Members of the Public and Board Members

B. Video Teleconferencing and Conference Telephone Calls

C. Writings as Meetings

IV. NOTICE AND AGENDA REQUIREMENTS

1. Regular Meetings

A. Agenda Requirement

B. Exceptions to Agenda Requirements

C. Public Testimony

2. Special Meetings

3. Emergency Meetings

4. Closed Sessions

A. Agenda Requirement

B. Oral Announcement Prior to Closed Sessions

C. Report at the Conclusion of Closed Sessions

5. Adjournments and Continuances

6. Location of Meetings

7. Special Procedures Regarding Taxes and Assessments 26

V. RIGHTS OF THE PUBLIC

VI. PERMISSIBLE CLOSED SESSIONS

1. Introduction

A. Narrow Construction

B. Semi-Closed Meetings

C. Secret Ballots

2. Authorized Exceptions

A. Personnel Exception

B. Pending Litigation and the Attorney-Client Privilege

(1) Historical Background

(2) Pending Litigation Exception

C. Real Estate Negotiations Exception

D. Labor Negotiations Exception

E. Public Security Exception

F. License Application Exception

3. Minute Book

VII. PENALTIES AND REMEDIES FOR VIOLATION OF THE ACT

1. Criminal Penalties

2. Civil Remedies

A. Injunctive Relief

B. Voidability of Action

C. Attorney Fees