The Brown Act A crash course on one of the most misunderstood laws...like ever

A brief history of the namesake ➢ ➢

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Named after Ralph M. Brown Brown represented Modesto in the California State Assembly from 1943 to 1961 Last relevant person to come from Modesto Served as Speaker from 1959 to 1961 Authored California’s first sunshine law in 1953 to shed light on government operations

The law in summary ➢ ➢

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Originally only 686 words Has been amended substantially over the years to keep up with the shenanigans of local lawmakers (e.g.: city and county government agencies, boards, and councils) Bagley-Keene covers state bodies Legislative intent of statute states: 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. 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.

The sticky stuff ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢

§54952: defines ASOs as subject to Brown Act by virtue of being extensions of community college district governing boards §54952.2 (a): defines meeting as any congregation of a majority of a body’s membership §54952.2 (b): prohibits a majority of membership from deliberating outside of a meeting §54952.2 (c): provides numerous exceptions to congregations of a majority of membership so long as no business is discussed §54953 (a): mandates open meetings for all members of the public and members of the body §54953 (b): affords bodies the ability to use teleconferencing; all votes must be done by roll call, members must post their teleconference location, majority of members must call within jurisdiction §54953 (c): prohibits secret ballots, requires each member’s vote to be publicly recorded §54953.2: requires meetings be compliant with the Americans with Disabilities Act (ADA) §54953.3: prohibits a body from requiring a member of the public disclose their identity as a condition for addressing the body in public comment §54953.5: allows anyone to record the proceedings of a meeting (does not allow persistent disruption of meeting); record becomes subject of Public Records Act and may not be destroyed for thirty days

But wait...there’s more ➢ ➢ ➢ ➢ ➢

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§54953.7: allows a body to impose stricter restrictions (e.g.: ASUC posts its agenda a week in advance) §54954.2: allows a body to meet outside its jurisdiction for a number of specific circumstances (e.g.: regions meeting at General Assembly) §54954.1: requires a body make its agenda and supporting documents freely available to any requestor §54954.2: requires agendas to be posted at least seventy-two hours in advance; items must include a brief general description of no more than twenty words; if body has a website, must be posted there too §54954.3: guarantees right for public comment; can be about a subject on or off meeting agenda; members of body may not take action - only respond briefly or request clarification; bodies can regulate time limits but must be reasonable and equitable §54956: allows a body to call a special meeting; same notification methods as a regular meeting; only twentyfour hours notice; absolutely not intended to circumvent regular meeting requirements §54956.5: articulates the reasons for which a body may hold an emergency meeting (almost exclusively inapplicable to ASOs) §54957.6: articulates the reasons for which a body may meet in closed session (generally inapplicable to ASOs) §54957.9: allows a body to clear the meeting room if disruptions persists

And most importantly The Brown Act exists to protect members of the public from shady government; it is NOT a club for members of a body to use as a weapon against one another.