Ralph M. Brown Act:
Meeting Locations and Access Barriers
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Q: May a body governed by the Brown Act meet wherever it pleases?
Q: If one of these exceptions allows for a distant meeting, is
the meeting still subject to the Act's other rules?
Q: What other provisions does the Brown Act contain to keep
meetings accessible to the community?
Q: May a body governed by the Brown Act meet wherever it pleases?
A: No. A gathering constituting a meeting under the Act must in general be held locally
-- in its home territory -- with certain specific exceptions. Those exceptions do not
include a distant"retreat" whose only purpose is to get away from the
constituency. The rule and its exceptions are stated in Government Code § 54954:
(a) The legislative body of a local agency shall provide, by ordinance, resolution,
bylaws, or by whatever other rule is required for the conduct of business by that body,
the time and place for holding regular meetings.
(b) Regular and special meetings of the legislative body shall be held within the
boundaries of the territory over which the local agency exercises jurisdiction except to
do any of the following:
(1) Otherwise comply with the state or federal law or court order. (2) Inspect real
or personal property which cannot be conveniently brought within the boundaries of the
territory over which the local agency exercises jurisdiction.
(3) Participate in meetings or discussions of multiagency significance that are outside
the boundaries of a local agency's jurisdiction. However, any meeting or discussion held
pursuant to this subdivision shall take place within the jurisdiction of one of the
participating local agencies and be noticed by all participating agencies as provided for
in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility
within the boundaries of the territory over which the local agency exercises jurisdiction,
or at the principal office of the local agency if that office is located outside the
territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed officials of
theUnited States or the State of California when a local meeting would be impractical,
solely to discuss a legislative or regulatory issue affecting the local agency and over
which the federal or
state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a
facility owned by the agency, provided that the topic of the meeting is limited to items
directly related tothe facility.
(7) Visit the office of the local agency's legal counsel for a closed session on pending
litigation held pursuant to Government Code § 54956.9, when to do so would reduce legal
fees orcosts.
(c) Meetings of the governing board of a school district shall be held within the district
except under the circumstances enumerated in subdivision (b), or to do either of the
following:
(1) Attend a conference on nonadversarial collective bargaining techniques.
(2) Interview members of the public residing in another district with reference to the
trustees' potential employment of the superintendent of that district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at least one
of its member agencies, or as provided in subdivision (b). However, a joint powers
authority which has members throughout the state may meet at any facility in the state
which complies with the requirements of Government Code § 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to
meet in the place designated, the meetings shall be held for the duration of the emergency
at the place designated by the presiding officer of the legislative body or his or her
designee in a notice to the local media that have requested notice pursuant to Government
Code § 54956, by the most rapidmeans of communication available at the time.
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Q: If one of these exceptions allows for a distant meeting, is
the meeting still
subject to the Act's other rules?
Yes. The siting exceptions do not excuse the legislative body from observance of other
Brown Act rules. For example, these meetings must be preceded by a special meeting notice
(with extra effort to reach the news media quickly in the case of an emergency described
in subdivision (c)); they must be open to the public unless the topic is authorized for a
closed session; and they must allow any members of the public present to address the body
on whatever issue is the noticed topic of the meeting.
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Q: What other provisions does the Brown Act contain to keep
meetings accessible to the community?
A: The Brown Act goes to considerable lengths to remove arbitrary barriers to
attendance by the public, whether those barriers consist in the use of private clubs or
other facilities that bar citizens on the basis of otherwise illegal discrimination, in
architectural obstacles to the handicapped, in the use of restaurants or other meeting
venues where citizens must buy something to be present, in requirements that people
identify themselves as a condition to attendance, or in admission fees.
Government Code § 54961. No legislative body ... shall conduct any meeting in any
facility that prohibits the admittance of any person, or persons, on the basis of race,
religious creed, color, national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be present without making a
payment or purchase.
Government Code § 54953.3. A member of the public shall not be required, as a condition
to attendance at a meeting of a legislative body ... to register his or her name, to
provide other information, to complete a questionnaire, or otherwise to fulfill any
condition precedent to hisor her attendance. If an attendance list, register,
questionnaire, or other similar document is posted at or near the entrance to the room
where the meeting is to be held, or is circulated to the persons present ... it shall
state clearly that the signing, registering, or completion of the document is voluntary,
and that all persons may attend the meeting regardless of whether a person signs,
registers, or completes the document.
Government Code § 54956.6. No fees may be charged by the legislative body ... for
carrying out any provision of this chapter, except as specifically authorized by this
chapter.
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