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.)

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CHAPTER V.

RIGHTS OF THE PUBLIC

Under the Brown Act, a member of the public can attend a meeting of a legislative body without having to register or give other information as a condition of attendance. (sec. 54953.3; see also 27 Ops.Cal.Atty.Gen. 123 (1956).) If a register, questionnaire or similar document is posted or circulated at a meeting, it must clearly state that completion of the document is voluntary and not a precondition for attendance. (sec. 54953.3.) A legislative body may not prohibit any person attending an open meeting from video recording, audio recording or broadcasting the proceedings, absent a reasonable finding that such activity would constitute a disruption of the proceedings. (secs. 54953.5, 54953.6; Nevens v. City of Chino (1965) 233 Cal.App.2d 775; see also sec. 6091.)

Under the Act, the public is guaranteed the right to provide testimony at any regular or special meeting on any subject which will be considered by the legislative body before or during its consideration of the item. (sec. 54954.3(a).) In addition, the public has the right at every regular meeting to provide testimony on any matter under the legislative body's jurisdiction. (sec. 54954.3(a).) However, the body may enact regulations to ensure reasonable access for members of the public. The regulations may limit the total amount of time of testimony on particular issues and for each individual speaker. (sec. 54954.3(b); 75 Ops.Cal.Atty.Gen. 89 (1992); see also White v. City of Norwalk (9th Cir. 1990) 900 F.2d 1421, where time of repetitive speaker was limited.) The legislative body shall not prohibit a member of the public from criticizing the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. (sec. 54954.3(c).) Personal attacks on individuals are not authorized by the Act, nor does the Act confer any privilege or protection for expression beyond that otherwise provided by law.

Despite the public's rights to attend meetings as discussed above, a legislative body may exclude all persons from a meeting where a disturbance has been created and where exclusion of the disruptive persons is not sufficient to allow the meeting to continue unimpeded. (sec. 54957.7.) However, in such situations, media personnel not involved in the disturbance must be permitted to attend the session as continued. (sec. 54957.9.)

Agendas or any other writings, except for records exempt from disclosure under section 6254 of the Public Records Act, distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public upon request, and shall be made available to members of the public in accordance with the provisions of section 54957.5. Members of the public who have made written requests for documents which were finally approved in a closed session generally may receive copies of such documents at the conclusion of the meeting. (sec. 54957.1(b).) This right to obtain documents does not include documents which are exempt from disclosure pursuant to section 6254 of the Public Records Act. (Roberts v. City of Palmdale, supra, 5 Cal.4th 363; I.L. 77-67.) Pursuant to section 6257, a fee equal to the direct cost of duplication may be charged to any person requesting a copy of a public record. (sec. 54957.5(c); North County Parents Organization for Children with Special Needs v. California Department of Education (1994) 23 Cal.App.4th 144.)

If an agency records an open meeting either on video or audio tapes, the tapes and a tape recorder must be made available to the public if a request is made. (sec. 54953.5(a).) The agency is not required to prepare a transcript, but if one were prepared, the public generally would have the right to receive copies. (64 Ops.Cal.Atty.Gen. 317 (1981).) If the agency wishes to destroy the tapes after 30 days, it may do so without regard to the limitations imposed by section 34090. (sec. 54953.5(b).)

Except as specifically authorized by the Act, the legislative body may not impose fees to defray its costs in carrying out the provisions of the Act. (sec. 54956.6.)

A legislative body may not conduct any meeting or function in any facility where racial or other discrimination is practiced, or which is inaccessible to disabled persons, or where members of the public must pay to attend the meeting. (sec. 54961.) A facility is accessible if it fully satisfies the accessibility requirements of Government Code section 4450 et seq. or Health and Safety Code section 19955 et seq., as well as the Americans with Disabilities Act. If a meeting facility is inaccessible, the meeting must be moved to an accessible facility.

Legislative bodies may go beyond the minimal requirements of the Act and provide greater public access to their meetings. (sec. 54953.7.) Elected legislative bodies may impose greater access requirements on agencies under their jurisdiction. (sec. 54953.7.)