FAQ: What is the Brown Act?
Excerpt: The Ralph M. Brown Act (Open Meetings), California Government Code Sections 54950 et seq, regulates many aspects of all government agency meetings including those of Citizens’ Bond Oversight Committee (CBOC) meetings.
- The Brown Act is essentially a body of rules designed to ensure open government and fairness. Because of the complexities and potential penalties, we recommend that qualified legal counsel educate CBOC members and staff on the Brown Act at the beginning of their terms of service and that the advice of legal counsel be obtained in advance of any matters that may be questionable.
What are the main provisions of the Brown Act?
All CBOC meetings, including those of standing committees, must be open to the public. A meeting is any congregation of a quorum of the CBOC members at the same time and place including Zoom or other electronic meetings. Meetings can also include phone calls and/or an e-mail thread that includes a quorum of the CBOC. A quorum of CBOC members is generally a majority of the active membership. ..
Are meetings, phone calls, and/or e-mails to or between CBOC members subject to the Brown Act?
A CBOC member can e-mail one or more other members on a topic if the number of CBOC members involved is kept under that of a quorum.
- E-mails that are sent out by staff to inform CBOC members, such as transmitting a meeting agenda package, are not subject to the Brown Act. However, e-mails should be used with caution because if any of the members “respond to all,” it can become subject to the Brown Act requirements. ...
What rights does the public have to address the CBOC at meetings?
For regular meetings, the public must be provided an opportunity to address not only any item on the agenda, but any item within the subject matter of the CBOC.
- Members of the public may comment on any CBOC applicable topic they wish during a general public comment period. ...
Does the Brown Act allow items the CBOC can discuss in closed session?
Certain items, such as personnel matters and possible and/or active legal actions, may be considered in executive session where the public is not allowed.
- However, such items must be placed on the agenda ... and the results of any actions taken in executive session announced. ...
Are subcommittees and task force meetings subject to the Brown Act?
Standing subcommittee – those that are intended to remain in existence without a predetermined end date or achievement of a specific objective – are also subject to the Brown Act rules shown above even if a quorum is not present.
- Task forces that are established for limited specific purposes and terms are not subject to the Brown Act if a quorum of CBOC members is not in attendance. …
