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.)

Return to Brown Act table of contents

INTRODUCTION

This pamphlet concerns the provisions of the Ralph M. Brown Act, which governs open meetings for local government bodies. The Brown Act is contained in section 54950 et seq. of the Government Code, and accordingly, all statutory references in this pamphlet are to the Government Code unless otherwise noted.

The pamphlet contains a table of contents, which may also serve as a topical outline for the reader. The pamphlet also includes a brief summary of the main provisions of the Brown Act, along with references to the appropriate Government Code sections and chapters of the text. The text includes a discussion of the law along with tips on how the law should be applied in particular situations. Numerous references are made to legal authorities throughout the text. A copy of the Brown Act in its entirety is set forth in the appendix to the pamphlet. Lastly, the pamphlet contains a table of authorities so that the reader can determine all of the places in the text where references are made to a particular authority.

In preparing this pamphlet, we relied on a variety of legal resources. Appellate court cases were consulted and are cited throughout the pamphlet. While most of the more significant cases are discussed, this pamphlet is not intended to be a compendium of all court cases in this area. In addition, we drew upon published opinions and unpublished letter opinions issued by this office. Attorney General opinions, unlike appellate court decisions, are advisory only and do not constitute the law of the state. However, in some instances, the courts have adopted the analysis of Attorney General opinions, and for that reason, we believe that these opinions may be helpful in interpreting the Brown Act. Published opinions are cited by volume and page number (e.g., 32 Ops.Cal.Atty.Gen. 240 (1958)). Unpublished letter opinions are cited as indexed letters by year and page number (e.g., I.L. 76-201). Published opinions are available through law libraries and some attorneys' offices. As a general rule, indexed letters are available only in the Office of the Attorney General. Copies may be obtained by a request to the Public Inquiry Unit of the Office of the Attorney General.

If you have specific questions or problems, the statutes, cases and opinions should be consulted. You also may wish to refer the matter to the attorney for the agency in question, a private attorney or the district attorney.

The pamphlet is current through May 1994 with respect to statutes, case law, and Attorney General opinions.

SUMMARY OF BROWN ACT

Coverage

 

GOVERNING BODIES:

Includes city councils, boards of supervisors, and district boards. Also covered are other legislative bodies of local government agencies created by state or federal law.

 

SUBSIDIARY BODIES:

Includes boards or commissions of a local government agency as well as standing committees of a legislative body. A standing committee has continuing subject matter jurisdiction or a meeting schedule set by its parent body. Less-than-a-quorum advisory committees, other than standing committees, are exempt.

 

PRIVATE CORPORATIONS OR ENTITIES:

Covered only if:

(1) A legislative body delegates some of its functions to a private corporation or entity; or

(2) If a legislative body provides some funding to a private corporation or entity and appoints one of its members to serve in official capacity on entity's board of directors.

Meeting Defined

INCLUDES:

Any gathering of a quorum of a legislative body to discuss or transact business under the body's jurisdiction; serial meetings are prohibited.

 

EXEMPTS:

(1) Individual contacts between board members and others which do not constitute serial meetings;

(2) Attendance at conferences and meetings which are open to public so long as members of legislative bodies do not discuss amongst themselves business of a specific nature under the body's jurisdiction;

(3) Attendance at social or ceremonial events where no business of the body is discussed.

Locations of Meetings

A body must conduct its meetings within the boundaries of its jurisdiction unless it qualifies for a specific exemption.

Public Rights

PUBLIC TESTIMONY:

Public may comment on agenda items before or during consideration by legislative body. Time must be set aside for public to comment on any other matters under the body's jurisdiction.

 

TAPING OR BROADCASTING:

Meetings may be broadcast, audio-recorded or video- recorded so long as the activity does not constitute a disruption of the proceeding.

 

CONDITIONS TO ATTENDANCE:

Public may not be asked to register or identify themselves or to pay fees in order to attend public meetings.

Public Records

Materials provided to a majority of a body which are not exempt from disclosure under the Public Records Act must be provided, upon request, to members of the public without delay.

Required Notices and Agendas

REGULAR MEETINGS:

Agenda containing brief general description (approximately twenty words in length) of each matter to be considered or discussed must be posted at least 72 hours prior to meeting.

 

SPECIAL MEETINGS:

Twenty-four hour notice must be provided to members of legislative body and media outlets including brief general description of matters to be considered ordiscussed.

 

EMERGENCY MEETINGS:

One hour notice in case of work stoppage or crippling disaster.

 

CLOSED SESSION AGENDAS:

All items to be considered in closed session must be described in the notice or agenda for the meeting. A model format for closed-session agendas appears in section 54954.5. Prior to each closed session, the body must andorally announce the subject matter of the closed session. If final action is taken in closed session, the body generally must report the action at the conclusion of the closed session.

 

AGENDA EXCEPTION:

Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda.

Closed-Session Meetings

PERSONNEL EXEMPTION:

The body may conduct a closed session to consider appointment, employment, evaluation of performance, discipline or dismissal of an employee. With respect to complaints or charges against an employee, the employee must be notified, at least 24 hours in advance, of his or her right to have the hearing conducted in public.

 

PENDING LITIGATION:

A body may meet in closed session to receive advice from its legal counsel concerning existing litigation, initiating litigation, or situations involving a significant exposure to litigation. The circumstances which constitute significant exposure to litigation are expressly defined in section 54956.9(b)(3).

 

LABOR NEGOTIATIONS:

A body may meet in closed session with its negotiator to consider labor negotiations with represented and unrepresented employees. Issues related to budgets and available funds may be considered in closed session, although final decisions concerning salaries of unrepresented employees must be made in public.

 

REAL ESTATE NEGOTIATIONS:

A body may meet in closed session to consider price and terms of payment in connection with the purchase, sale, exchange or lease of real property.

Remedies and Sanctions

CIVIL REMEDIES:

Individuals or the district attorney may file civil lawsuits for injunctive, mandatory or declaratory relief, or to void action taken in violation of the Act. Attorneys' fees are available to prevailing plaintiffs.

 

CRIMINAL SANCTIONS:

The district attorney may seek misdemeanor penalties against a member of a body who attends a meeting where action is taken in violation of the Act, and where the member intended to deprive the public of information which the member knew or has reason to know the publicwas entitled to receive.