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Asked and Answered

Forcing public official to attend Brown Act training

June 14, 2009

Question

1) Is there provision or precedent for a board to participate as a body in “training” to achieve more well-established and mutual awareness of respective authorities (and/or lack thereof), parliamentary procedure & protocol – in general, to learn how to “play well together?”

2) Is there provision or precedent for a majority of directors to discuss construction of an agenda (content, order, etc.) prior to a meeting (assuming they do not substantially debate the merits of individual agenda items)?

Answer

To answer your first question first, the Brown Act allows a majority of the members of a board to attend a conference “or similar gathering open to the public that involves a discussion of issues of general interest … to public agencies of the type represented” by the board.  Gov’t Code sec. 54952.2(c)(2).  So, if there was a training session for members of bodies like the district board, then some or all of your board members could attend.

Second, given the broad definition of what constitutes a meeting covered by the Brown Act, discussion by a majority of the member of an item on, or whether to place an item on an agenda, would appear to constitute a meeting that must be open, properly noticed, etc.  The Brown Act defines a meeting to include any gathering of a majority of the members, whether in person, by telephone, or in a series of communications, “to hear, [or] discuss … any item that is within the subject matter jurisdiction” of the board.  Gov’t Code sec. 54952.2(a).

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.