Frequently Asked Questions about the Brown Act Open Meeting Law

Frequently Asked Questions about the Brown Act Open Meeting Law By Chris Micheli

            What is the Ralph M. Brown Act? The Brown Act was adopted in 1953 and applies to open meetings at the county and city levels of local government.

Where is the Brown Act found in the law? It is found at Government Code Sections 54950, et seq.

What is the purpose of the Brown Act? Its purpose is to guarantee the public’s right to attend and participate in meetings of local legislative bodies.

 

What did the proponents of the Brown Act originally say? They argued that city councils, county boards of supervisors, and other local government bodies were avoiding public scrutiny by holding secret "workshops" and "study sessions."

 

How does the Brown Act differ from other open meetings laws? The Brown Act solely applies to California city and county government agencies, boards, and councils. It is comparable to the Bagley-Keene act that requires open meetings for state government agencies in this state.

 

What legislative findings and declarations are contained in the Brown Act? The Brown Act contains the following findings and declarations: “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.”

What is the basic requirement of the Brown Act? A majority of a decision-making body may not decide among themselves on issues within their jurisdictions, except in open and publicized meetings held within their boundaries. In addition, local agencies must publicize when and where meetings will occur, as well as what will be discussed, so the public can observe those meetings.

What is the notice requirement? It is 72 hours or 3 days’ notice required.

Is the Brown Act notice different than other open meetings laws’ notice? Yes, it is different than the 10 days’ notice under the Bagley-Keene Meeting Act.

Can votes be taken outside the public’s viewing? No, there are no secret ballots allowed, whether final or preliminary.

What is the right of the public to comment on agenda items? The public has a right to be heard on matters on the agenda before decisions are made.

Can the public speak on any items? The public also has a general right to address agency decision-makers on items of concern to them, even if they are not on the agenda (typically called the “public comment period” on agendas).

Does the Brown Act prohibit a series of individual meetings of a decision-making body? The Act prohibits “serial meetings.”

Does the Brown Act cover committees and advisory bodies? Yes.

What are the penalties for violating the Brown Act? They are almost identical to Bagley-Keene Act penalties for violation of the law.

Are there any other requirements that must be met? Yes, a member of the public must act within 90 days of the alleged Brown Act violation. And, the agency must be given an opportunity to remedy before filing suit.

Comments

Post a Comment

Popular posts from this blog

Another Reason to Limit Bill Introductions?

Another Reason to Limit Bill Introductions?  By Chris Micheli             As I did my final review of Governor Newsom’s actions on the 1,046 bills sent to him after the 2023 Legislative Session, I noticed that some of the Governor’s veto messages provide additional rationales for limiting bill introductions.             Out of 156 vetoes from the 2023 Session, the number one reason for the Governor’s veto was budget concerns or cost pressures. In fact, 41% of the vetoes used that basis. That by itself is not a reason to limit bill introductions, but another statistic may provide such a reason…             By my count, just over 1/3 of the bills vetoed by Governor Newsom likely should not have been sent to his Desk and, arguably, should not have made it through the process at all. In fact, perhaps they should not h...
Read more

Frequently Asked Questions about California’s Budget Process

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contain...
Read more

Can Any Bill Call an Election?

Can Any Bill Call an Election?  By Chris Micheli             In June 2024, we saw two bills that contain a provision to call an election.             Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.” Such a measure only requires a majority vote, unless some other constitutional provision requires a higher vote threshold (e.g., a tax increase). What is the basis for this statement? Section 8(c)(3) of Article IV of the state Constitution provides: “ Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” However, there is no further gui...
Read more