ON-LINE VERSION OF A POCKET GUIDE TO
OPEN MEETING LAWS IN CALIFORNIA:
THE BROWN ACT
A SERVICE OF:
SPJ-NORTHERN CALIFORNIA CHAPTER
THE FIRST AMENDMENT PROJECT

FUNDING PROVIDED BY THE FREEDOM FORUM

FOR MORE INFORMATION OR HELP:

First Amendment Project: 510/208-7744
SPJ-Northern California Chapter: 415/703-7902
Calif. First Amendment Coalition: 916/447-2322
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HOW TO USE THIS GUIDE

This on-line version of the pocket guide is intended to be a
quick reference for journalists and citizens on the Brown Act as
of April 1, 1994.  It does not substitute for research or
consultation with a lawyer on detailed questions.  It is intended
to address the most common access problems, but can't cover
everything.  The guide is divided into five sections:

    Basic rules for who and what are covered

    Rules for open meetings

    What if . . . defining what is a "meeting"

    Rules for closed meetings

    What to Do . . . about closed meetings
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                         CALIFORNIA OPEN MEETINGS:
                 THE BROWN ACT: Gov't Code 54950-54960.5

THE BASICS:

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).

WHO'S 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).

WHAT'S COVERED:

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 (54952.2).

MEETING RULES:

To preserve the public's rights under the Brown Act, an agency
must:

    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).

    limit action to items on the agenda, absent special
     circumstances (54954.2(a),(b)).

    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)).

    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 distributed
     before or at the meeting, unless they are also exempt under
     the Public Records Act (54957.5).
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WHAT IF . . .

A council member is on a board of a non-profit corporation--is it
covered?  YES, if the council appointed him or her, and funds the
corporation (54952(c)(2)).

An agency delegates authority to some other entity--is that
entity covered?  YES, if it was created by the agency's elected
body (54952(b),(c)(1)).

A council committee meeting has less than a quorum--is it
required to meet openly?  YES, if the committee has either a set
meeting schedule or a continuing subject matter jurisdiction
(54952(b)).

A quorum of an agency is at a social gathering--is that a
violation? NO, so long as the members do not discuss business
matters within their jurisdiction (54952.2(b)(4)).  BUT regular
"social" gatherings like luncheons are meetings, since it's
likely public business is discussed (43 Ops.Atty.Gen. 36 (1964)).

Members use individual contacts to collectively decide an issue -
- is that a violation?  YES.  Information communicated to a
quorum through a series of contacts, individual phone calls
("daisy chain"), or a third person ("spoke and wheel") to evade
the public is a "meeting" (54952.2(a)(2); 63 Ops.Atty.Gen. 820
(1980); Stockton Newspapers v. Stockton Redevelop. Agency, 171
CA3d 95 (1985); Common Cause v. Stirling, 147 CA3d 518 (1983)).

Agency members attend a conference called by someone else--is
this covered?  NO, so long as they do not discuss specific
business matters within their jurisdiction (54952.2(b)(2), (3)).

A meeting is held by video-teleconference. This is ALLOWED, for
testimony and deliberation only, if the public's rights are
protected (54953(b)).
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CLOSED MEETINGS

Closed meetings are the exception, and permitted only if they
meet defined purposes and follow special requirements
(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 contracts 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 any 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).
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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 FAP, SPJ or CFAC (phone numbers are on the cover of
     this Pocket Guide)

    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).
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