Brown Act Flashcards
What is the purpose of the Brown Act?
We want decision-making processes of legislative bodies to be conducted in public so that members of the public can participate.
What are the competing interests underlying the Brown Act?
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
Who does the Brown Act apply to?
local agencies’ legislative bodies and their meetings
+also applies to persons elected to legislative bodies even before they assume office
What is a “meeting” under the Brown Act?
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”
What is a serial meeting?
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
When does the Brown Act NOT apply to a body?
-attendance at a conference or similar event open to the public
-attendance at meetings of other local agencies
-purely social or ceremonial occasions
For a regular meeting, when does a notice and agenda need to be issued?
at least 72 hours in advance
For a special meeting, when does a notice and agenda need to be issued?
at least 24 hours in advance
For an emergency meeting, when does a notice and agenda need to be issued
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
As a general rule, if the topic is not on the agenda, the topic cannot be discussed
/
In terms of a quorum, individuals who abstain count towards a quorum. However, individuals who recuse do not count towards a quorum
/
When can a body go into closed session?
-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
What are certain actions taken in closed session that must be reported in open session?
-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
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
/
What is a useful analogy to view the role of public officials under the Brown Act?
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
What are common critiques of the Brown Act?
-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
What are some of the possible outcomes for a Brown Act violation?
-invalidation of an agency’s action
-payment of a challenger’s attorney’s fees
-public embarrassment
-possible criminal prosecution
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?
She may attend, but only as an observer; she may not participate
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?
she may not participate because she is not in a noticed and posted teleconference location.
Generally, where must meeting of a Brown Act body be held?
Brown Act bodies generally must hold their meetings within the territory over which the local agency exercises jurisdiction
What is the 2-step inquiry to allow action on an item that was not on the posted agenda?
1) is there an immediate need to take action? If so…
2) did the need arise after the posting of the agenda
