THE CALIFORNIA BROWN ACT

AGENCIES AND LEGISLATIVE BODIES COVERED:

1.Local Agencies, including counties, cities, school and special districts (§54951).

2."Legislative bodies" of each agency are the boards whose meetings are governed by the Brown Act -- the agency's governing body plus any board, commission, committee, task force or other advisory body created by the agency, whether permanent or temporary (§ 54952(b)). Collectively these will be called "covered boards".

3.Any standing committee of a covered board, regardless of number of members (§54952(b)).

4.Non-profit corporations formed by a public agency or which includes a member of a covered board and receives public money from that covered board (§ 54952).

5.NOT affected are: meetings of ad hoc, advisory committees consisting of less than a quorum of the covered board (§54952(b)); most non-profit corporations; courts and court agencies; state government (See Bagley-Keene Act for state agencies, §§ 11120-11132).

MEETINGS COVERED:

Meetings of public bodies must be "open and public," actions may not be secret, and action taken in violation of open meetings laws may be voided (§§ 54953(a), 54953(c), 54960, 54960.1).

A "meeting is any gathering of a majority of the members of a covered board to hear, discuss, or deliberate on matters within the agency's or board's jurisdiction. Note: no vote or action is required for the gathering to be a meeting, nor must the members meet face-to-face (§54962.2)

NOTICE REQUIREMENTS:

Post and send notice and an agenda for any regular meeting (§§54954, 54954.2); mail notice one week before regular and special meetings to those who request it (§54954.1); post notice of continued meetings (§54955.1); notice special and emergency meetings (§§54956, 54956.1). notify the media of special or emergency meetings ( 54956, 54956.5); allow media to remain in meetings, cleared due to public disturbance ( 54957.9). hold meetings in the jurisdiction of the agency except in limited circumstances (§54954(b)(1)-(4),(c), (d), (e)), and in places accessible to all, with no fee (§54961(A)).

AGENDA REQUIREMENTS:

Limit action to items on the agenda, absent special circumstances (§54954.2(a),(b)). do not require a "sign in" for anyone (§54953.3) allow recording and broadcast of meetings (§54953.5(a)), and let the public have a copy of and listen to any recording made by the agency of its open meetings (§54953.5(b)). allow the public to address the covered board at regular or committee meetings, on any item in the agency's jurisdiction (§54954.3(a)).

Conduct only public votes, with no secret ballots (§54953(c)). treat documents as public "without delay," if distribution before or at the meeting, unless they are also exempt under the Public Records Act (§54957.5).

WHAT MAY BE DISCUSSED IN A CLOSED SESSION?

Closed meetings are the exception, and permitted only if they meet defined purposes and follow special requirement (§54953(a),(c), §54954.5, §54962).

EVEN AT CLOSED SESSIONS: Special public notice and agenda requirements apply (§54954, 54954.2, 54954.5). All actions taken and all votes in closed session must be publicly reported orally or in writing within 24 hours (§54957.1), and copies of any contract or settlements approved must be made available promptly (§54957.1(c)).

CLOSED MEETINGS MAY BE HELD FOR:

Personnel: Only to discuss the appointment, employment, performance, evaluation, complaints about or dismissal of a specific employee or potential employee (§54957). (The employee may request a public meeting on and charges or complaints.) Closed sessions are NOT ALLOWED for general employment discussions; independent contractors not functioning as employees; salary discussions; any elected official or member of the covered board; "the local agency's available funds, funding priorities or budget."

Pending Litigation: Only if open discussion "would prejudice the position of the agency in the litigation." The litigation must be named on the posted agenda or in open session (§54956.9). To qualify, the agency must: Be a party to pending litigation (§54956.9(a)); OR expect, based on certain specified facts, to be sued (§54956.9(b)(1),(2)); OR expect to file suit itself (§54956.9(c)).

Labor Negotiations: Only to instruct the agency's negotiator on compensation issues (§54957.6). (Note: school districts are covered by the Rodda Act.

Property Negotiations: Only to discuss, with an agency's bargaining agent, price or payment terms. The parcel name of the prospective seller or purchaser must be on the agenda. Final price and payment terms must be disclosed when the actual lease or contract is discussed for approval (§54956.8). Other closed meetings include license and permit applications for people with criminal records (§54956.7); threats to public services or facilities (§54957); insurance pooling (§54956.95).

ENFORCING THE ACT

WHAT TO DO IF:

A MEETING IS CLOSED THAT SHOULD BE OPEN refuse to leave, and use this Guide to check the law, to protest and enforce all notice requirements leave only if ordered by law enforcement call your editor or lawyer at once

AN ILLEGAL CLOSED MEETING HAS BEEN HELD ask participants what happened, and get reports of actions taken and copies of contracts approved call First Amendment Project, Society of Professional Journalists or California First Amendment Coalition. write a story or letter to the editor about it. contact the District Attorney under §54959, or take legal action under §54960(a) against violations or a "gag rule" imposed on a body's members.

A court may: Force the agency to make and preserve tapes of closed sessions (§54960(b)); declare actions taken null and void (§54960.1) award costs and attorneys fees (§54960.5).