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  • Asked and Answered

    Brown Act

    Informal Meetings and the Brown Act

    […] and the communication is among a majority of the members of the board, resulting in a collective concurrence as to action that will be taken on an agenda item, this is probably a violation of the Brown Act. As the Attorney General has explained: "In construing these terms, one should be mindful of the […]

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Elected Officials Right to Public Comment

    […] assuming you are referring to a situation where a member of the City Council made remarks during a public comment period.  The Brown Act provides that "[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    District Hospitals and Closed Sessions

    The CEO and the COO for a District Hospital are provided to the Hospital by the management company that contracted with the district. The CEO and COO are being paid by the management company not by the Hospital or District. The CEO and COO are also the president and vice president of the management […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Denying public comment

    […] comment on an agendized item?  At the start of a Council meeting, the Mayor told the many people present they might speak on any item on the agenda when it came up. When under Administrative Items, there was an item reconsidering a certain program but the Mayor would allow no comment.  Although no mention […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Collective concurrences, serial meeting, and the Brown Act

    […] to distribute information, to express an opinion, to alert them to an urgent matter, etc.? In other words, communication not intended to directly or immediately influence concurrence? For volunteer boards, especially of small organizations (such as our Park and Rec district), dealing from scratch with 100% of the organization's business exclusively in open monthly […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Are Emails Meetings?

    […] and the communication was among a majority of the members of the board, resulting in a collective concurrence as to action that will be taken on an agenda item, this is probably a violation of the Brown Act. As the Attorney General has explained: "In construing these terms, one should be mindful of the […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Applicability of Brown Act to public charter schools

    […] governing body includes a member of the legislative body—for the purposes of the Ralph M. Brown Open Meetings Act and is therefore subject to the open meeting requirements for legislative bodies under the Brown Act. A body that governs a private (often non-profit) entity may be subject to the Brown Act if it is […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Brown Act rules for scheduling a meeting

    […] 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 […]

    October 18, 2013

  • Asked and Answered

    Brown Act

    Minutes to be Approved Made Public

    […] member of the committee, or after the meeting if prepared by someone else.  Id., subsection (b). If the committee is going to "consider" and vote on approving the minutes, this seems to require that they be made available with the agenda packet at the same time it is given to the members of the committee.

    June 14, 2009