Brown Act

Question 1

What is the purpose of the Brown Act?

Answer 1

We want decision-making processes of legislative bodies to be conducted in public so that members of the public can participate.

Question 2

What are the competing interests underlying the Brown Act?

Answer 2

1) The government’s interest in candor and confidentiality
2) public’s interest in free and open debate and in being informed of government’s activity on the public’s behalf

Question 3

Who does the Brown Act apply to?

Answer 3

local agencies’ legislative bodies and their meetings
+also applies to persons elected to legislative bodies even before they assume office

Question 4

What is a “meeting” under the Brown Act?

Answer 4

any gathering of a majority of the members of a legislative body to hear, discuss, deliberate, or take action on any item within the legislative body’s subject matter jurisdiction.

+Not vote or action is required
+Also includes video teleconferencing and “serial meetings”

Question 5

What is a serial meeting?

Answer 5

Using a series of communications, directly or through intermediaries, to discuss, deliberate, or take action on an issue within the group’s subject matter jurisdiction outside of a public meeting

+Ex: an email exchange, text-message chain

Question 6

When does the Brown Act NOT apply to a body?

Answer 6

-attendance at a conference or similar event open to the public
-attendance at meetings of other local agencies
-purely social or ceremonial occasions

Question 7

For a regular meeting, when does a notice and agenda need to be issued?

Answer 7

at least 72 hours in advance

Question 8

For a special meeting, when does a notice and agenda need to be issued?

Answer 8

at least 24 hours in advance

Question 9

For an emergency meeting, when does a notice and agenda need to be issued

Answer 9

there is no notice and agenda requirement. However, emergency meetings are reserved for true public health and safety meetings

+But it is best to at least comply with the requirements of a special meeting

Question 10

As a general rule, if the topic is not on the agenda, the topic cannot be discussed

Answer 10

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Question 11

In terms of a quorum, individuals who abstain count towards a quorum. However, individuals who recuse do not count towards a quorum

Answer 11

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Question 12

When can a body go into closed session?

Answer 12

-consultation with legal counsel relating to litigation
-meeting with real estate negotiators relating to price and terms of payment for real property transactions
-meeting with labor negotiators
-meeting with designated security or law enforcement officials relating to threats to public services or facilities

Question 13

What are certain actions taken in closed session that must be reported in open session?

Answer 13

-real estate agreements
-authorization to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation
-settlement agreements
-claim disposition
-public employee appointment, dismissal, resignation
-labor negotiation agreements
-pension fund transactions

Question 14

Courts and the CA AG usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules

Answer 14

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Question 15

What is a useful analogy to view the role of public officials under the Brown Act?

Answer 15

public officials should think of themselves as living in glass houses, and they may only draw the curtains when it is in the public interest to preserve confidentiality

Question 16

What are common critiques of the Brown Act?

Answer 16

-the law is toothless (there has never been a criminal conviction for a violation)
-requires public discussion of matters that are better discussed privately
-public meetings are inefficient
-public meetings encourage grandstanding

Question 17

What are some of the possible outcomes for a Brown Act violation?

Answer 17

-invalidation of an agency’s action
-payment of a challenger’s attorney’s fees
-public embarrassment
-possible criminal prosecution

Question 18

The legislative body establishes a standing committee of two of its five members, which meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she?

Answer 18

She may attend, but only as an observer; she may not participate

Question 19

A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving on the east coast. May she?

Answer 19

she may not participate because she is not in a noticed and posted teleconference location.

Question 20

Generally, where must meeting of a Brown Act body be held?

Answer 20

Brown Act bodies generally must hold their meetings within the territory over which the local agency exercises jurisdiction

Question 21

What is the 2-step inquiry to allow action on an item that was not on the posted agenda?

Answer 21

1) is there an immediate need to take action? If so…
2) did the need arise after the posting of the agenda