The Brown Act is a California law that requires local legislative bodies to hold open meetings with public participation. It does not apply to state government bodies, but they are protected by the Bagley-Keene Open Meeting Act. Closed sessions are allowed for certain topics, but action must be made public later. The law requires notice of meetings, posting of agendas, and recording of sessions. Violations can be reported to the governing body or District Attorney. The law was enacted in 1953 due to concerns about secret meetings.
The Ralph M. Brown Act, also known as the Brown Act, is a piece of legislation that was enacted by the California State Legislature in the United States (USA) in 1953. It was that state’s first sun law, which are the US laws that freedom of information and citizens’ right to access government information: Many countries around the world have similar information laws. The Brown Act restricts local legislative bodies from holding meetings without the participation and presence of the public. This includes all California city and county councils, commissions, councils and committees; it also applies to all elected or appointed members who serve on these panels. The Brown Act, however, has no jurisdiction over state government bodies; the similar Bagley-Keene Open Meeting Act of 1967 protects the rights of the public at this level.
While local boards of directors are required to hold open meetings, there are times when members need closed forums to discuss specific topics on their agenda, such as personnel matters, real estate acquisitions, employment negotiations and pending disputes. The Brown Act cannot be cited during these times. However, any closed session in which these issues are discussed must be preceded by a public agenda. Action taken during a closed meeting must be made public later, according to this mandate.
Under this Sun Law, the government agency must give at least three days’ notice of any regular public meeting, one day’s notice of a special meeting, and one hour’s notice of an emergency meeting. The agenda must be posted or mailed to those who request it even during this period of time. The act also requires that the media be notified of these meetings, which must be held within the jurisdiction of the city or county.
Participants are not required to sign under this law and are authorized to approach the government agency about any pertinent issues that have not been addressed in previous meetings. All sessions must be recorded; recordings can be destroyed after 30 days. The public, including the media, have the right to view these recordings and any documents presented during the open meeting.
If an individual or member of the media believes the Brown Act has been violated, they can contact the relevant governing body or their attorney. If that doesn’t work, you can file a complaint with the District Attorney forcing the governing body to release any information it discusses behind closed doors. In case of violation of the law, the aforementioned group can also be forced to release session recordings and any action taken during the private session can be void.
The Brown Act was written and implemented at a time when there was growing concern about secret meetings or workshops held by local government councils in California. Ralph M. Brown served as a California assemblyman from 1943 to 1961, at which time he resigned to accept a seat on the California Court of Appeals.
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