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Asked and Answered

Can Elected Officials Be Seated in the Audience During Meetings?

February 12, 2018

Question

` Are elected officials allowed to sit in the audience while acting in their official capacity during meetings?

Answer

California has a number of laws addressing government meetings, including the Brown Act (which covers the legislative bodies of local agencies), the Bagley-Keene Act (which covers state executive agencies), and the Grunsky-Burton Open Meeting Act, which covers the State Legislature.

If the elected official is a member of the legislative body of a local agency, then the Brown Act would be most relevant, but I am not aware of any provisions in the Brown Act regarding where elected officials may or may not sit during meetings.  You may want to check the legislative body’s bylaws, as the body’s local rules might address seating arrangements.

Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC 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.  No attorney-client relationship has been formed by way of this response.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.