Q: Can a majority of members of a body (city council) discuss the logistics (when and where) of scheduling a meeting, including the topic but no content, outside of an official meeting?
My thought is yes because no information is exchanged, only the logistics.
A: As I believe you are aware, the Brown Act, at Govt. Code section 54952.2, defines “meetings” to include “any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or local agency to which it pertains.” The focus on this section does appear to be substantive as opposed to logistic discussions. But I am not ware of any authority that conclusively establishes that the planning of when and where a meeting should occur is not “an item that is within the subject matter jurisdiction” of the agency.
it seems that no one might complain if the discussions were limited to such routine planning communications. But I cannot say for sure that such discussions are not a “meeting” for the purposes of the Brown Act.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.