HomeMy WebLinkAboutBrown Act Power Point
Understanding the Ralph M. Brown Act
Open and Public Photo courtesy The Modesto Bee Ralph M. Brown 1959 54950§Code California Government them to know.” what is not good for the people to know and decide what is good for
servants the right to not give their public delegating authority, do The people, in “
Meetings the Act, to deal with emergency situations meetings held, as allowed in Section 54956.5 of –Board to discuss a specific issue (ex. Project planning)meetings called by the agreement
of a majority of the –Specialtheir bylaws, by resolution or some similar formal rule. formally set the time and place for their regular meetings in regularly scheduled Board meetings.
The District must -RegularThere are three types of meetings:information. have to include action. It can simply be the exchange of ct does not AA meeting under the Brown potential business.
members to hear or discuss any item of district business or A meeting is a gathering of a majority of : Brown Act
Collective Briefings public record. ct. The memo may, however, be ABrown advisory memorandum does not violate the legislative body such as an informational or A unilateral written communication
to a specified in the Act. satisfy the notice and agenda requirements directors must be open to the public and briefings involving the majority of the permitted. Any not Collective
briefings are
More About Meetings There are a few exceptions. or potential violations. engine you will get many examples of Brown Act violations If you type “Brown Act violations” into an internet
search in violation of the act. gathering constituted a meeting and the supervisors were underway against the county. The court ruled that this and representatives of a union to discuss
a strike that was supervisors, the county counsel, a variety of county officers, held a lunch gathering that included five county the Sacramento County Board of Supervisors because
they In 1968 the Sacramento Newspaper Guild sued Example:meeting. for coffee or lunch to discuss District business outside of a agenda must be posted. Generally, District directors
can not meet meeting that the public has received proper notice about. An The Board CAN NOT meet to discuss District business outside of a
Meeting Exceptions to the public. program and the conference is open business if it is part of the conference permissible to talk about District not discuss District business. It is
conference together provided you do It is okay to attend a –Conferences
More Exceptions properly posted notice of the meeting. their meeting to discuss District business and the BOS had if the Board of Supervisors requested that the District attend , For
exampleagenda and the agenda has been properly posted. meeting is if the business is part of the other organization’s The only time directors can discuss District business outside a
avoid talking about District business while they are at the event.must With all of these exceptions, the Board :The Bottom Line etc. , funerals, weddings, For exampleceremonial gathering.
to prohibit directors from attending purely social or There is nothing in the Act –Social or Ceremonial Events .LAFCoCounty Board of Supervisors or For example–Other Legislative Bodies
okay if all District Board members attend. discuss building a new aquatic center in the District it is , if there is a meeting to For examplemeetings together. It is okay to attend
community –Community Meetings
Special Meetings 54954.3(b))§public comment period (As with regular meetings, every special meeting must allow for a Notice is required even if no action is taken at the meeting.notice.
cannot consider business that is not mentioned in the Board The 54956)§description of all business to be transacted or discussed. (notice must include the time and place of the meeting,
and a brief prior to the special meeting in a site freely accessible to the public. The 24 hoursThe written notice must be delivered and posted at least 54956)§television station which
has requested such notice in writing. (body and to each local newspaper of general circulation, and radio or Written notice must be delivered to each member of the legislative Conditions
for a special meeting:
Emergency Meetings requirement is waived.In the event the phones are not working the notice called one hour before the meeting. Anyone who has requested notice of meetings must be at
least 2/3rds of the Board determines that it is necessary. If the District is meeting with law enforcement officials and Exception:54956.5)§sessions (Generally emergency meetings can
not include closed a well that is critical to the District’s water supply is failing. Example:54956.5(a)(1))§impairs public health, safety or both. (a crippling activity, work stoppage
or other activity which severely :defined asAn emergency is emergencyOnly call an emergency meeting if there is in fact an Extremely rare
Emergency Meetings Cont.54956.5(a)(2).) §(majority of the members of the legislative body. public health, safety, or both, as determined by a before holding an emergency meeting may
endanger the hour notice -requiring a legislative body to provide onethat poses peril so immediate and significant that destruction, terrorist act, or threatened terrorist activity
A dire emergency is a crippling disaster, mass Definition:54956.5(b).)§provided to the members of the body. (need to provide notice at or near the time that notice is In the case of
a dire emergency, the District would only 54956.5(e).)§location for at least 10 days. (taken must be posted in a freely accessible public who received notice, roll call votes, and
any actions After an emergency meeting the minutes, a list of people
Subcommittees committeedirectors, is an advisory committee AND is not a standing subcommittee that is made up of less than a majority of a The Brown Act does not apply to Exception:
(regardless of the number of directors)Advisory committees that are standing committees Board and are not standing committeesAdvisory committees that include a majority of the Budgets,
personnel, etc.For example:54952(b) §continuing jurisdiction over a particular topic a committee that has –Standing committeesThe Brown Act also applies to meetings of all:
Serial Meetings agreement on an issue. collectively develop or begin to develop an each others opinion on a topic enough to Directors have either directly or indirectly heard A collective
concurrence is developed when:to develop a collective concurrence. Directors have communicated about an issue Serial meetings occur when a majority of the Serial meetings are not
allowed
Types of Serial Meetings and is therefore in violation of the Brown Act. indirectly discussed the topic without public notice what the other has said, a majority of the Board has director
Bill and then calls director Tim telling each with him then she calls director Robert then calls John and discusses a District issue to get his opinion For instance, if employee Terri
calls Director Example:Hub and spoke meeting: about the topic to establish a collective concurrence.director Fred. A majority of the directors have talked director John to talk about
it and finally John calls about a new wind energy project then Bill calls When director Bob calls director Bill to talk Example:A daisy chain meeting:
E email. stating that this section of the act applies to The attorney general has issued an opinion body is prohibitedon an item by the members of the legislative collective concurrence
as to action to be taken members of the legislative body to develop a that is employed by a majority of the devicestechnological personal intermediaries, or 54953, any use of direct
communication, § 5492.2(b): Except as authorized pursuant to § mail-
The Attorney General’s opinion 906.pdf-http://ag.ca.gov/opinions/published/00You can find the opinion at: , 5 Cal.4th at p. 376.)supraRoberts v. City of Palmdale, (1981) 121 Cal.App.3d
231, 234; see v. Santa Clara Unified School Dist. Rowendecision.’ \[Citation.\]” (acquisition and exchange of facts preliminary to the ultimate construed to connote ‘not only collective
discussion, but the collective The opinion also states, “The term ‘deliberation’ has been broadly deliberative process.the Act because the board would be depriving the pubic of the
Even if the emails are made public they would still be a violation of the Ralph M. Brown Act.concurrence as to action to be taken by the board without violating public agency may not
email each other to develop a collective A majority of the board members of a local : The opinion concluded906, 2001)-(Opinion #00of email. In 2001 the CA Attorney General issued an
opinion regarding the use mail-regarding e
Meeting Agendas posted agendaprepared and properly must have a of Directors of the Board All meetings
Meeting Agendas three action exceptions. other limited routine comments. There are However, there can be responses to questions from the public or agenda.****The Board can not discuss
or take action on any item that is not on the not exceed 20 words.The 1994 revision specified that the brief description generally need each agenda item to be discussed.general public
to determine the general nature of subject matter of Agendas must have enough information to enable members of the the meeting, including items to be discussed in closed session. description
of each item of business to be transacted or discussed at The agenda should contain a brief general –Content requirementsmembers of the public and on the District’s website.before
the regular meeting in a location freely accessible to the 72 hoursAgendas must be posted at least –Posting requirementsRequirements:
The Three Action Exceptions included in the next few slides. A detailed discussion of these exceptions is Items posted on a previous agendaA need for immediate actionEmergency situationsThey
are:section 54954.2(b) of the Brown Act. The three action exceptions are discussed in
Emergency Situations it would be allowable for the Board to take action.topic of the need for emergency repairs to communications facilities, agenda had been posted and the GM or a Director
brings up the flood happened right before the regular Board meeting after the floods the District’s offices and emergency control center. If the might be if the Truckee River floods
(like in 97) and An exampleoccasions.very rareThis exception would generally only apply to the District in activity severely impairs public health, safety or both.determines a work
stoppage, crippling disaster, or other An Emergency situation exists if the legislative body there is an emergency situation.Action can be taken on an item that is not on the agenda
if
A Need For Immediate Action ct. Athis opportunity. The vote would not be a violation of the Brown the meeting for the Directors to vote on whether or not to pursue submit it. In this
case the Director could bring up the proposal at the proposal, however, it needs the approval of the Board to the regular meeting. Staff will put in the extra effort to complete planned
District project. The grant proposal is due two days after finds a grant opportunity that is the perfect match for a long The day before the District Board meeting a director -ExampleThe
Board must openly discuss the issue during the meeting. The issue must have come to the attention of the District after Requirements to use this exception:54954.2(b)(2)) §. (meetingimmediate
action that can’t reasonably wait until the next Board determines by a 2/3rds vote that there is a need for Action can be taken on an item that is not on the agenda if the
The third action exception to be held in two days. on the topic at a special a special meeting Directors agree to continue the discussion scheduled Board meeting. So, the resolution
on a topic at its regularly The Board can not come to a Example:not more than five days earlier.and was continued from a meeting held The item appeared on a previous agenda
Closed Sessions business must be discussed in publicDistrict Act for a closed session, all Without specific authority in the Brown
Closed Session Requirements matter, consultants, a labor negotiator etc. staff required, legal counsel, a supervisor involved in a disciplinary should include only District directors
plus any additional support certain members of the public and exclude others. Closed sessions Meetings are either open or closed. The District can’t invite only agendas.54954.5 of
the Act provides a model format for closed session ection S of the Brown Act that allows for the closed session. session and a brief description. It is a good idea to cite the section
he agenda must include the reason for the closed closed session. Tagenda and must be orally announced before going into Items to be discussed in closed sessions must be on the 42 (1985).)-.
34, 41Ops.Cal.Atty.Gen234; 68 (1981) 121 Cal.App.3d 231, Santa Clara Unified School District v. Rowen54962 \[of CA government code\]; §sensitivity.” (matter must be conducted in public
regardless of its exception authorizing a closed session cannot be found, the The Attorney General has stated, “If a specific statutory
More Closed Session General’s Office, pg. 19)adjournment into closed session.” (CA Attorney session items prior to the body’s -on closedbodies to afford the public an opportunity to
comment it would be prudent for legislative office has stated, “eneral’s GIn its guide to the Brown Act the Attorney Public comment on closed session businessthe closed session. must
be discussed in public immediately after Certain decisions reached in closed sessions Requirements
Personnel Matters (Complaints against employeesEmployee discipline or dismissalEvaluation of employee performanceEmployee appointment or employmentIncluding:54957)§
Pending Litigation (1988).)105 -. 96, 104Ops.Cal.Atty.Gen(71 present during the closed session. that the District’s lawyer must be The Attorney General has stated Note:Threatened or
Anticipated LitigationExisting LitigationIncluding:54956.9§
Real Estate Negotiations negotiating. with which the District is property, and name the parties from the District), describe the negotiator (it can be someone the District must name
it’s Before going into closed session of real property.purchase, sale, exchange or lease If you are meeting with your 54956.8)§(
Labor Negotiations (negotiations. labor some aspects of are permitted for Closed sessions 54957.6)§
Closed Session Minute Book 7 of Title 1. 6250 of Division §starting with Records Act in Chapter 3.5 Public Cadisclosure under the The book is exempt from pubic confidential. record
and must be kept public notThe minute book is closed sessions. them into a minute book during clerk to take notes and enter The District may designate a 54957.2 (a))§(
Adjournments and order of adjournment. place specified in the meeting to a time and adjourned special regular, special or any regular, adjourned local agencies to adjourn of the Act
allows54955§Continuances
More on Adjournments and adjournment”.was held within 24 hours after the time of the adjourned regular, special or adjourned special meeting on or near the door of the place where the
regular, or notice of adjournment shall be conspicuously posted A copy of the order states, “54955§ of the adjournment. The Act gives very specific instructions on posting notice create
a written notice.stated time and place. The Clerk or Secretary must legislative body may declare the meeting adjourned to a If no Directors are present, the Clerk or Secretary of the
present can adjourn the meeting.If less than a quorum is present, the Directors who are Continuances
Location of Meetings purchase. without making a payment or the public may not attend persons; or where members of inaccessible to disabled ancestry, or sex; which is creed, color, national
origin, the basis of race, religious admittance of any person on any facility that prohibits the A meeting may not be held in meetings.likely not allowed for District Tropical locations
are most . 54954(b))§(District boundaries meetings must be held within With a few exceptions,
The Location Exceptions 54954(b)(4)§ if the office is located outside the agency’s boundaries. meet in the closest facility or at the principal office of the agency If an agency does
not have a facility within its boundaries, it can 54954(b)(3)§ agencies involved in the meeting. the meeting must take place within the boundaries of one of the another jurisdiction
also participating in the meeting. However, agency meeting held in -To participate as a body in a multi54954(b)(2)§ property the District is inspecting. District boundaries. The meeting
discussion is limited to the To inspect real property that can not be easily brought within the 54954(b)(1)§ is a party. administrative proceeding to which the Districtattend a judicial
or To comply with state or federal law orfollowing reasons:Meetings can be held outside District boundaries for the
Location Exceptions Continued 54954(e) § method of communication available at the time. the local media that have requested notice, by the fastest designated by the President or his/her
designee in a notice to location unsafe, the meetings can be held at a location Finally, if there is an emergency that makes the regular meeting 54954(b)(7)§ fees or costs. session
on pending litigation when doing so would reduce legal To visit the office of the District’s legal counsel for a closed 54954(b)(6) § to items related directly to that facility. outside
District boundaries, if the topic of the meeting is limited To meet at or nearby a facility owned by the District that is 54954(b)(5) § District that the federal or state officials
have jurisdiction over. be limited to a legislative or regulatory issue affecting the a local meeting would be impractical. However, discussion must To meet with elected or appointed
federal or state officials when
Teleconferences teleconference location.The agenda must provide for public comment at each within the District boundaries. At least a quorum of the Board must participate from locations
Each teleconference location must be accessible to the public. Each teleconference location must be identified in the agenda.Agendas must be posted at all teleconference locations.call.All
votes taken during a teleconference must be taken by roll Teleconferences must comply with the rest of the ActRequirements for teleconferences include:. teleconfencing54953(b)(1)
permits the use of
Disruptive Attendees stay. interruption must be allowed to pubic who were not part of the press and other members of the continue the meeting. However, all meeting may clear the room
and the legislative body conducting the The Act states that the members of interruptions of meetings. 54957.9 does address willful §negative public comment however, The District MUST
allow for
Special Situations istrict. Dreceives funds from the on the corporation’s board, and (ii) member appointed by the Board to serve icorporation that both (The Brown Act also applies to
a nonprofit
Penalties and Remedies deprive public of information.violation of the Act and member intends to body at a meeting where action is taken in Misdemeanor for attendance by member of a .
Criminal Penalties1
Civil Remedies Action to void past actsviolationsor stop violations or threatened prevent to or declaratory relief mandamus , Injunction2. Civil Remedies
Demand to Cure or Correct session90 days of closed 30 days of open sessioncorrect the alleged unlawful action.of the legislative body to cure or dmenadattorney or interested party
must make a distriactPrior to bringing lawsuit the
Cure or Correct expiration of 30 day response period. days of notice to cure or not or within Party must commence action within 15 correctcure or demand to of has 30 days from receipt
District
Cease and Desist Letter alleged violation.Clearly describes past action and nature of and desist” letter. Section 54960.2person must send public agency a “cease violation, district
attorney or interested Prior to filing lawsuit for Brown Act
More Cease and Desist desist from and not repeat the past action.an unconditional commitment to cease, District must respond within 30 days with fax or email OK.–alleged violation Must
be sent within 9 months of the
Attorney Fees of cease and desist.letter is sent more than 30 days after receipt Court must award to Plaintiff if a commitment merit.and the action was frivolous and without District
may receive attorney fees if it prevails District, but not the Board member.Plaintiff may receive attorney fees against the
For more information Ask your attorney!ction=retrieve bin/waisgate?WAISdocID=6815592595+1+0+0&WAISa-http://www.leginfo.ca.gov/cgi Text of the Brown Act: 906.pdf-http://ag.ca.gov/opinions/published
/00 of email: s Opinion Regarding the Use ’Attorney GeneralrownAct.pdfhttp://www.ag.ca.gov/publications/2003_Intro_Bs publication at: ’View the CA Attorney General