1. 1 THE BROWN ACT

2. 2 Brown Act Codified in Government Code §§ 54950 et seq. Codified in Government Code §§ 54950 et seq. Basic Rule: “meetings” of legislative bodies must be open and public Basic Rule: “meetings” of legislative bodies must be open and public Purpose Purpose Facilitate Public Participation Facilitate Public Participation Curb Misuse of Democratic Process by Secret Legislation by Public Bodies Curb Misuse of Democratic Process by Secret Legislation by Public Bodies

3. 3 Brown Act The 2035 General Plan Update Citizens Committee is Subject to Brown Act The 2035 General Plan Update Citizens Committee is Subject to Brown Act Meetings Must be Conducted in Open Public Sessions Meetings Must be Conducted in Open Public Sessions Agendas Must be Posted in Advance Agendas Must be Posted in Advance

4. 4 Brown Act – agenda rules Agenda Agenda Agenda must be posted at least 72 hours in advance for regular meetings; 24 hours in advance for special meetings Agenda must be posted at least 72 hours in advance for regular meetings; 24 hours in advance for special meetings Agenda must specify the time and place of meeting and general description of each item of business (20 words is sufficient) Agenda must specify the time and place of meeting and general description of each item of business (20 words is sufficient)

5. 5 Brown Act – agenda rules Agenda must provide a public comment period for public to address the committee before or during consideration of an item on the agenda and unscheduled public comment period on any matter w/in the jurisdiction of the committee Agenda must provide a public comment period for public to address the committee before or during consideration of an item on the agenda and unscheduled public comment period on any matter w/in the jurisdiction of the committee Agenda must include information regarding ability to request modification or accommodation to allow a person with a disability to participate in the meeting Agenda must include information regarding ability to request modification or accommodation to allow a person with a disability to participate in the meeting

6. 6 Brown Act – agenda rules Committees cannot discuss or take action on any item not appearing on the agenda Committees cannot discuss or take action on any item not appearing on the agenda Narrow Exceptions Narrow Exceptions briefly responding to comments made by a private person during public comment period; briefly responding to comments made by a private person during public comment period; asking staff for clarification, asking staff for clarification, directing staff to place item on future agenda directing staff to place item on future agenda Making brief announcement regarding member’s own activities Making brief announcement regarding member’s own activities

7. 7 Brown Act - public’s rights Member’s of public shall not be required to register their names or provide other info to attend meeting (but they can be req’d to give name and address to comment). Member’s of public shall not be required to register their names or provide other info to attend meeting (but they can be req’d to give name and address to comment). Public has right to videotape or record meeting so long as they don’t create a persistent disruption. Public has right to videotape or record meeting so long as they don’t create a persistent disruption.

8. 8 Brown Act – public’s rights Information, documents, reports given to committee must be equally available at same time to the public. This would include any Powerpoint presentations presented to the Committee. Information, documents, reports given to committee must be equally available at same time to the public. This would include any Powerpoint presentations presented to the Committee. Note that there is no time requirement for reports to be prepared prior to a meeting like there is for agendas to be posted (common misunderstanding) Note that there is no time requirement for reports to be prepared prior to a meeting like there is for agendas to be posted (common misunderstanding)

9. 9 Brown Act – public’s rights If requested, agenda must be made available in alternative formats If requested, agenda must be made available in alternative formats

10. 10 Brown Act – “meeting” rules “Meeting”: “Meeting”: Includes any congregation of a majority of the members of the Committee at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the Committee of the local agency to which it pertains. (GC 54952.2). Includes any congregation of a majority of the members of the Committee at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the Committee of the local agency to which it pertains. (GC 54952.2). No need for Committee to take action for a gathering to be a “meeting” No need for Committee to take action for a gathering to be a “meeting”

11. 11 Brown Act – “ meeting” rules Serial Meetings Serial Meetings Prohibited Prohibited Defined as meetings that at any one time only involve less than a quorum of the legislative body, but eventually result in the development of a collective concurrence without any formal meeting that satisfies the requirements of the Brown Act. Defined as meetings that at any one time only involve less than a quorum of the legislative body, but eventually result in the development of a collective concurrence without any formal meeting that satisfies the requirements of the Brown Act.

12. 12 Brown Act – “ meeting” rules GC 54952.2(b): “any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the [Committee] to develop a collective concurrence as to action to be taken on an item by the members of the [Committee] is prohibited.” GC 54952.2(b): “any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the [Committee] to develop a collective concurrence as to action to be taken on an item by the members of the [Committee] is prohibited.”

13. 13 Brown Act – “meeting” rules Two Common Types of Serial Meetings Two Common Types of Serial Meetings Chain of direct communications between the decision makers themselves (e.g. e-mails being forwarded) Chain of direct communications between the decision makers themselves (e.g. e-mails being forwarded) A series of communications between individual decision makers and a third party, such as a developer or a city staff person. A series of communications between individual decision makers and a third party, such as a developer or a city staff person.

14. 14 Brown Act – “meeting” rules Gatherings that are not meetings Gatherings that are not meetings Individual Contact - Conversation between committee member and any other person where the person is not “polling” members or conveying information obtained from other Committee members. Individual Contact - Conversation between committee member and any other person where the person is not “polling” members or conveying information obtained from other Committee members. Conference, Public Meeting, Social/Ceremonial Exception – attendance by majority at conference, public meeting or social gathering provided members do not discuss among themselves specific business w/in body’s subject matter jurisdiction. Conference, Public Meeting, Social/Ceremonial Exception – attendance by majority at conference, public meeting or social gathering provided members do not discuss among themselves specific business w/in body’s subject matter jurisdiction.

15. 15 Brown Act - Violations Remedies for Violations Remedies for Violations Any interested person may demand that the body declare any action taken in violation of the Brown Act to be null and void and cure defect w/in 30 or 90 days of violations Any interested person may demand that the body declare any action taken in violation of the Brown Act to be null and void and cure defect w/in 30 or 90 days of violations City may be required to pay attorney’s fees to prevailing party City may be required to pay attorney’s fees to prevailing party Individual members may also be criminally liable if member attends meeting with intent to deprive public of information Individual members may also be criminally liable if member attends meeting with intent to deprive public of information

16. 16 QUESTIONS?