Learn about the Ralph M. Brown Act, which emphasizes transparency in government proceedings and ensures that public agencies operate openly. Discover the Act's purpose, applicability, exceptions, and more. Explore how it impacts local legislative bodies, boards, councils, and advisory groups in California.
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Presentation Transcript
GOVERNMENT TRANSPARENCY The Ralph M. Brown Act Presented by: Los Angeles County Counsel Juvenile Justice Coordinating Council October 4, 2023
The Brown Act Preamble & Purpose The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
Preamble & Intent 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.
APPLIES TO: Local Legislative Bodies: Boards of Supervisors City Councils School Boards Groups Created by the Board: Commissions Committees Councils Task Force Blue Ribbon Working Group
APPLIES WHEN: There is a gathering of a majority (or quorum) of the members of the legislative body to: 1. HEAR Listening to staff reports or watching a movie! DISCUSS Does not require any action be taken. 3. DELIBERATE Making decisions, taking action. 2. on any item of business that is within the subject matter jurisdiction of the body.
Exceptions The Brown Act does not apply to meetings of employees of public agencies (e.g. staff meetings). Communications, particularly e-mails, should be limited to a single member.
Exceptions Conferences and similar gatherings which are open to the public. Open and public meetings held by another person or organization. Open and noticed meetings of another legislative body. Purely social or ceremonial occasions. PROVIDED THAT MAJORITY MEMBERS DO NOT DISCUSS BUSINESS AMONG THEMSELVES
SUBSIDIARY BODIES Ad-Hoc Committee Standing Committee Comprised solely of less than a quorum of the members Less than a quorum of members Advisory only Includes other individuals not on the legislative body Short-term Advisory or Decision-making No fixed meeting schedule Continuing jurisdiction over a particular subject matter Fixed meeting schedule BROWN ACT DOES NOT APPLY BROWN ACT APPLIES
CAUTION: Serial Meetings A serial meeting is typically a series of communications (face-to-face/ telephone/e-mail), each of which involves less than a quorum of the body, but which taken as a whole involves a majority of the body s members
Teleconference/Virtual Appearance Traditional Requirements A member may appear remotely if: (1) the remote location is publicly accessible and ADA-compliant; (2) the location of the appearance is posted on the agenda; AND (3) the following criteria are met: Agenda must be posted at location; Public must have ability to participate in meeting at location; Public must be able to provide public comment at location; Documents must be accessible at location; AND All votes must be taken by roll call. Quorum Note: A member participating remotely outside the County cannot be counted toward a quorum, but once committee quorum is established, the member can then participate in committee discussion and their vote counted to passage/failure of a motion. (Govt Code 54953(b)(3).)
Teleconference/Virtual Appearance AB 2449 Requirements (Slide 1) Effective January 1, 2023, a member may appear remotely without disclosing location IF: A quorum of members attend the meeting in person at a singular location, and ONLY for Just Cause or Emergency Circumstances. Just Cause can be: Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely; or A contagious illness that prevents a member from attending in person; or A need related to a physical or mental disability; or Travel while on business of the legislative body or another state or local agency. A member seeking to appear remotely for "just cause" must: Notify the legislative body at the earliest opportunity (can be the start of the meeting); and Provide a general description of the circumstances necessitating their remote appearance. A member may only appear remotely for just cause for 2 meetings per calendar year. No vote is required for a member to appear remotely for just cause.
Teleconference/Virtual Appearance AB 2449 Requirements (Slide 2) Emergency Circumstances means a physical or family medical emergency that prevents a member from attending in person. A member must: Request the legislative body allow them to appear remotely due to emergency circumstances (can be the start of the meeting); and Member must state reason for emergency circumstances without revealing medical diagnosis or disability; and The legislative body must take action (i.e., vote) to approve the request. Under both Just Cause and Emergency Circumstances: A member cannot appear remotely for more than three consecutive months, or for 20% of regular meetings in a calendar year. A member appearing remotely must disclose if any person over the age of 18 is present in room where they are remotely appearing, and participate using both audio and visual technology. If a member appears remotely under AB 2449, the public must also be provided virtual access to the meeting.
Meetings Regular Meeting Agenda must be posted 72 hours in advance. Special Meeting Agenda must be posted 24 hours in advance. Certain topics CANNOT be discussed at special meeting.
The Agenda Agenda items must have enough detail to give the public a reasonable idea of what will be discussed and/or acted upon no guessing. Example: For discussion and action If it s not on the agenda, it cannot be discussed!
Adding an Item to the Agenda After the agenda is posted, an item may be added only if one of the following occurs: Emergency when prompt action is needed because of actual or threatened disruption of public facilities Newly arising item (after agenda posted, need to take immediate action.)
Publics Rights Brown Act gives members of the public the right to: Not give their name as a condition precedent to attend. Record the meeting. Comment and Criticize. Members of the public must be allowed to comment on: Any agenda item, before or during the consideration of the item; and On any matter within the Committee s jurisdiction.
Public Comment Fair and reasonable rules may be adopted to assist the body in processing comments from the public. Regulating time and manner, such as a reasonable time limit, is OK. Regulating content is not OK. At least twice the allotted time should be provided to a member of the public who utilizes a translator, unless simultaneous translation is utilized. Chair may clear room in the event of an actual public disruption and proceed with the press present.
Publics Rights to Documents Public can make standing request for copies of agenda materials: Request must be made in writing Request is effective for one year Subject to fees for copying and postage Failure to send packet can invalidate action
Penalties and Remedies Criminal Penalties Knowing violations are a misdemeanor. Civil Remedies Any interested person may bring a lawsuit. Body has chance to cure and correct. Certain illegal action may be voided. Costs and attorney fees awarded.
