California’s Open California’s Open Meeting LawsMeeting Laws

Ralph M. Brown ActRalph M. Brown Act

Mary Beth de Goede

de Goede, Dunne, and Martin

Professional Law Corporation

1725 N. Fine Ave. Fresno, CA 93727

Meetings Covered by the Brown ActMeetings Covered by the Brown Act Brown ActBrown Act Definition: A meeting is a gathering of a majority of Definition: A meeting is a gathering of a majority of

board members to hear, discuss or deliberate any item of board members to hear, discuss or deliberate any item of District business or potential businessDistrict business or potential business.. A meeting under the A meeting under the Brown Act does not have to include a vote or formal action, or a Brown Act does not have to include a vote or formal action, or a vote, and can occur simply through the exchange of information. vote, and can occur simply through the exchange of information.

There are three types of meetings:There are three types of meetings:

RegularRegular - The District must formally set the time and place for - The District must formally set the time and place for their regular meetings in Board Policy/Regulations, by their regular meetings in Board Policy/Regulations, by resolution, or some similar formal rule. resolution, or some similar formal rule.

SpecialSpecial – meetings called by the agreement of a majority of the – meetings called by the agreement of a majority of the Board to discuss a specific issue, such as an expulsion.Board to discuss a specific issue, such as an expulsion.

EmergencyEmergency – meetings held, as allowed in Section 54956.5 of – meetings held, as allowed in Section 54956.5 of the Act, to deal with emergency situations the Act, to deal with emergency situations

Updates and Informal Exchanges Updates and Informal Exchanges of Informationof Information

Even the collective acquisition of information, or the sharing Even the collective acquisition of information, or the sharing information, regarding District business among a majority of the information, regarding District business among a majority of the Board members is NOT permitted without satisfying the notice and Board members is NOT permitted without satisfying the notice and agenda requirements specified in the Act. For example, it would be agenda requirements specified in the Act. For example, it would be a violation of the Brown Act to specifically circulate a proposal a violation of the Brown Act to specifically circulate a proposal among Board members for review [as opposed to including the among Board members for review [as opposed to including the proposal in the Board’s meeting packet], even though formal proposal in the Board’s meeting packet], even though formal approval of the proposal is scheduled to take place at a noticed, approval of the proposal is scheduled to take place at a noticed, public meeting. public meeting.

The passive receipt of an individual Board member’s mail or the The passive receipt of an individual Board member’s mail or the solitary review of a memorandum by an individual Board membersolitary review of a memorandum by an individual Board memberwill not amount to a meeting, even if all of the Board members will not amount to a meeting, even if all of the Board members receive the same correspondence or memo, as long as they review receive the same correspondence or memo, as long as they review the information individually and any discussion occurs at noticed the information individually and any discussion occurs at noticed pubic meeting. pubic meeting.

Also don’t forget, written communication, including e-mails, are Also don’t forget, written communication, including e-mails, are

more often than not public records.more often than not public records.

Warnings About MeetingsWarnings About Meetings The Board The Board CAN NOTCAN NOT meet to discuss District meet to discuss District

business outside of a public meeting. business outside of a public meeting.

ExampleExample: In 1968 the Sacramento Newspaper : In 1968 the Sacramento Newspaper Guild sued the Sacramento County Board of Guild sued the Sacramento County Board of Supervisors because five county supervisors Supervisors because five county supervisors went to lunch with, the county counsel, a went to lunch with, the county counsel, a variety of county officers, and union variety of county officers, and union representatives to discuss a strike. The court representatives to discuss a strike. The court ruled in favor of the Newspaper, concluding ruled in favor of the Newspaper, concluding that despite the social setting, the gathering that despite the social setting, the gathering constituted a meeting and in violation of the constituted a meeting and in violation of the open meeting regiment. open meeting regiment.

Meeting ExceptionsMeeting Exceptions

ConferencesConferences – A majority of the Board – A majority of the Board may attend a conference together may attend a conference together provided the members do not discuss provided the members do not discuss District business. However, the Board District business. However, the Board may talk about issues within its subject may talk about issues within its subject matter jurisdiction as long as that matter jurisdiction as long as that discussion is generic in nature, part of the discussion is generic in nature, part of the conference program, and the conference conference program, and the conference is open to the public.is open to the public.

Meeting ExceptionsMeeting Exceptions(Continued)(Continued)

Community MeetingsCommunity Meetings – A Board majority may attend – A Board majority may attend community meetings together. community meetings together. For exampleFor example, a Board , a Board majority may attend a meeting in the community held to majority may attend a meeting in the community held to discuss whether land should be dedicated for a new park.discuss whether land should be dedicated for a new park.

Noticed Public Meetings of Other Legislative BodiesNoticed Public Meetings of Other Legislative Bodies – – For example,For example, a meeting of the Fresno City Council. a meeting of the Fresno City Council.

Social or Ceremonial EventsSocial or Ceremonial Events – There is nothing in the – There is nothing in the Act to prohibit Board members from attending purely social Act to prohibit Board members from attending purely social or ceremonial gathering. or ceremonial gathering. For exampleFor example, funerals, weddings, , funerals, weddings, etc. etc.

The Bottom LineThe Bottom Line:: Except in very limited situations, the Board Except in very limited situations, the Board MUST ALWAYSMUST ALWAYS avoid talking about District business while at avoid talking about District business while at any of the above events. The only time Board members may can any of the above events. The only time Board members may can discuss District Business outside a noticed, public meeting is discuss District Business outside a noticed, public meeting is during closed session or as part of another public agency’s during closed session or as part of another public agency’s agenda and the agenda has been properly posted. agenda and the agenda has been properly posted. For For exampleexample, if the City Council requested that the Board attend a , if the City Council requested that the Board attend a Council meeting to discuss District facilities and the Council had Council meeting to discuss District facilities and the Council had properly posted notice of the meeting. properly posted notice of the meeting.

Special MeetingsSpecial MeetingsConditions for a special meeting:

Government Code section 54956 requires that written notice of a special meeting be delivered to each Board member and to each local newspaper of general circulation, and to any radio or television station that has requested such notice in writing.

The written notice must be delivered and posted at least 24 hours prior to the special meeting in a site freely accessible to the public. The notice must include the time and place of the meeting, and a brief description of all business to be transacted or discussed. (§54956)

The Board may not conduct any business other than what is listed on the agenda for the special meeting.

Notice is required even if no action is taken at the meeting.

As with regular meetings, every special meeting must allow the public an opportunity to comment on any item on the agenda. (§54954.3(b)

SubcommitteesSubcommittees The Brown Act also applies to meetings of all:The Brown Act also applies to meetings of all:

Standing committeesStanding committees – a committee that has continuing – a committee that has continuing jurisdiction over a particular topic. jurisdiction over a particular topic. For example:For example: budgets, budgets, finance, school construction. [Government Code finance, school construction. [Government Code §54952(b)]§54952(b)]

Advisory committeesAdvisory committees that include a that include a majority majority of the Board of the Board and are not standing committees, e.g. do not have and are not standing committees, e.g. do not have continuing jurisdiction over a particular topic.continuing jurisdiction over a particular topic.

Advisory committees that are standing committeesAdvisory committees that are standing committees (regardless of the number of Board members), e.g. have (regardless of the number of Board members), e.g. have continuing jurisdiction over a particular topic.continuing jurisdiction over a particular topic.

Exception:Exception: The Brown Act does not apply to an advisory The Brown Act does not apply to an advisory committee that is made up of less than a majority of Board committee that is made up of less than a majority of Board members, AND, does not have continuing jurisdiction over an members, AND, does not have continuing jurisdiction over an issue.issue.

Do Not Succumb to the Do Not Succumb to the Serial Meeting TrapSerial Meeting Trap

Serial meetings are forbidden.Serial meetings are forbidden.

Serial meetings occur when substantive conversations Serial meetings occur when substantive conversations take place among a majority of the Board members take place among a majority of the Board members outside of a public meeting concerning an item on an outside of a public meeting concerning an item on an agenda, or likely to be placed on an agenda, and those agenda, or likely to be placed on an agenda, and those conversations contribute to the development of a conversations contribute to the development of a collective concurrence. collective concurrence.

Ways to Develop a Collective Concurrence:Ways to Develop a Collective Concurrence:

Conversation to advance or clarify a Board member’s Conversation to advance or clarify a Board member’s understanding of an issue.understanding of an issue.

Conversations to facilitate an agreement or compromise among Conversations to facilitate an agreement or compromise among Board members.Board members.

Conversations that advance the ultimate resolution of an issue.Conversations that advance the ultimate resolution of an issue.

How Serial Meetings HappenHow Serial Meetings Happen ““And Then He Said” : And Then He Said” :

Example:Example: Board member Jones calls Board member Smith to Board member Jones calls Board member Smith to discuss the disposal of certain surplus equipment. When Board discuss the disposal of certain surplus equipment. When Board member Flores calls Smith to get the Superintendent’s cell member Flores calls Smith to get the Superintendent’s cell number, Smith talks to Flores about the surplus equipment. number, Smith talks to Flores about the surplus equipment. Board member Flores happens to see Board member Vang at Board member Flores happens to see Board member Vang at Save Mart and mentions the surplus equipment to him and they Save Mart and mentions the surplus equipment to him and they talk about its disposal. A majority of the Board members have talk about its disposal. A majority of the Board members have now had substantive talks about the topic which have now had substantive talks about the topic which have contributed to, or will most certainly be perceived as contributing contributed to, or will most certainly be perceived as contributing to, the development of a collective concurrence.to, the development of a collective concurrence.

Hub and spoke meeting: Hub and spoke meeting: Example:Example: The Director of Transportation talks to a Board The Director of Transportation talks to a Board

member about purchasing energy efficient buses and then calls member about purchasing energy efficient buses and then calls several other Board members to see what they think about the several other Board members to see what they think about the purchase. When the Director tells each member what the other purchase. When the Director tells each member what the other members have said, the Transportation Director has become the members have said, the Transportation Director has become the “hub” of an illegal serial meeting. “hub” of an illegal serial meeting.

E-mail: The Perfect Medium E-mail: The Perfect Medium for a Serial Meetingfor a Serial Meeting

The Brown ActThe Brown Act prohibits the use of prohibits the use of any direct communication, personal any direct communication, personal intermediaries, or intermediaries, or technological devicestechnological devices by a majority of Board members to by a majority of Board members to discuss, deliberate or develop a collective concurrence as to action to be taken on discuss, deliberate or develop a collective concurrence as to action to be taken on any item. [Government Code § any item. [Government Code § 54952.2(b)]54952.2(b)]

California’s Attorney General has concluded that technological devices include e-California’s Attorney General has concluded that technological devices include e-mail. In fact, the Attorney General said that a violation of the Brown Act would still mail. In fact, the Attorney General said that a violation of the Brown Act would still exist even if after a majority of the board e-mailed each other about a current issue exist even if after a majority of the board e-mailed each other about a current issue within the District’s jurisdiction, those e-mails were posted on the web and printed within the District’s jurisdiction, those e-mails were posted on the web and printed versions were reported at the next public meeting. The Attorney General said that versions were reported at the next public meeting. The Attorney General said that the e-mails constituted deliberations among the Board members outside the the e-mails constituted deliberations among the Board members outside the purview of the public. purview of the public.

The opinion also states, “The term ‘deliberation’ has been broadly construed to connote ‘not only collective discussion, but the collective acquisition and exchange of facts preliminary to the ultimate decision.’ [Citation.]” (Rowen v. Santa Clara Unified School Dist. (1981) 121 Cal.App.3d 231, 234; see Roberts v. City of Palmdale, supra, 5 Cal.4th at p. 376.)

Meeting AgendasMeeting Agendas

All meetings All meetings of the Board of the Board must have a must have a properly properly prepared and prepared and posted posted agenda.agenda.

Public Notice Requirements Public Notice Requirements Agenda Requirements: Agenda Requirements:

PostingPosting – Agendas must be posted at least – Agendas must be posted at least 72 hours72 hours before a regular before a regular meeting in a location freely accessible to the members of the public.meeting in a location freely accessible to the members of the public.Special meeting agendas must be posted Special meeting agendas must be posted 24 hours24 hours in advance.in advance.

ContentsContents –An agenda should contain a brief general description of –An agenda should contain a brief general description of each item of business to be transacted or discussed at the meeting, each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. including items to be discussed in closed session.

Agendas must have enough information to enable members of the Agendas must have enough information to enable members of the general public to determine the general nature of subject matter of general public to determine the general nature of subject matter of each agenda item to be discussed.each agenda item to be discussed.

With the exception of three distinct situations outline below, the Board can not With the exception of three distinct situations outline below, the Board can not discuss or take action on any item that is not on the agenda. discuss or take action on any item that is not on the agenda.

Please note that the general prohibition against discussing items not listed on the Please note that the general prohibition against discussing items not listed on the agenda does not apply when either a Board member or staff member, on agenda does not apply when either a Board member or staff member, on his/her own initiative , or in response to a question from the public, asks for r his/her own initiative , or in response to a question from the public, asks for r clarification, makes a brief announcement ,or presents a brief report on his/her clarification, makes a brief announcement ,or presents a brief report on his/her own activities. own activities.

Action On An Item Not Listed on the Agenda Action On An Item Not Listed on the Agenda is Permitted in Three Situationsis Permitted in Three Situations

Three exceptions exist to the rule that the Board may only act on Three exceptions exist to the rule that the Board may only act on those items specifically listed on its agenda: those items specifically listed on its agenda:

Emergency situationsEmergency situationsA need for immediate actionA need for immediate actionItems posted on a previous agendaItems posted on a previous agenda

Exception No. 1: Emergency.Exception No. 1: Emergency. An emergency exists if the Board An emergency exists if the Board decides that a work stoppage, crippling disaster, or other activity has decides that a work stoppage, crippling disaster, or other activity has severely impaired public health, safety or both.severely impaired public health, safety or both.

This exception would generally only apply on This exception would generally only apply on very rarevery rare occasions. occasions. For example, a newly constructed, but still unoccupied, two story For example, a newly constructed, but still unoccupied, two story

classroom building collapses right before the regular board meeting and classroom building collapses right before the regular board meeting and well after the agenda’s posting. The Board President initiates a well after the agenda’s posting. The Board President initiates a discussion of whether to hire emergency personnel to barricade the area discussion of whether to hire emergency personnel to barricade the area around the collapsed building and clean up the debris. The Board would around the collapsed building and clean up the debris. The Board would be permitted to vote on the issue because of the danger to health and be permitted to vote on the issue because of the danger to health and safety.safety.

No Agenda Item, No Action No Agenda Item, No Action EXCEPT:EXCEPT:

Exception No. 2: Need to Take Immediate Action,Exception No. 2: Need to Take Immediate Action,

The Board my act on an item that is not on the agenda if the Board decides by a The Board my act on an item that is not on the agenda if the Board decides by a 2/3rds vote that there is a need for immediate action that cannot reasonably wait until 2/3rds vote that there is a need for immediate action that cannot reasonably wait until the next meeting. (§54954.2(b)(2)) the next meeting. (§54954.2(b)(2))

Requirements to use this exception:Requirements to use this exception:

The issue must have come to the attention of the board after the The issue must have come to the attention of the board after the agenda was posted. agenda was posted.

The board must openly discuss the issue during the meeting. The board must openly discuss the issue during the meeting. Example:Example: The day before the regular board meeting, the Superintendent The day before the regular board meeting, the Superintendent

advises the Board President that a report to the State Department of Education advises the Board President that a report to the State Department of Education is due at the end of the week and while an extension of time can be obtained, is due at the end of the week and while an extension of time can be obtained, there is a very steep financial penalty. The Superintendent recommends the there is a very steep financial penalty. The Superintendent recommends the hiring of an expert to assist with the completion of the report. The Board hiring of an expert to assist with the completion of the report. The Board President discusses the matter in open session, telling the Board that this issue President discusses the matter in open session, telling the Board that this issue arose after the agenda was posted and it will be too late to avoid the financial arose after the agenda was posted and it will be too late to avoid the financial penalty if the Board waits until its next meeting to consider hiring the expert. In penalty if the Board waits until its next meeting to consider hiring the expert. In this situation the Board could, by 2/3rds vote, add the item to the agenda and act this situation the Board could, by 2/3rds vote, add the item to the agenda and act on it.on it.

Exception No. 3: Item On Previous Agenda.Exception No. 3: Item On Previous Agenda. When an item appeared on a previous agenda and was When an item appeared on a previous agenda and was continued from a meeting held pursuant to that agenda continued from a meeting held pursuant to that agenda not more than five days earlier, then the Board can take not more than five days earlier, then the Board can take action on the continued item even though it is not action on the continued item even though it is not specifically listed on the new agenda.specifically listed on the new agenda.

Example:Example: After a healthy debate in open session, the After a healthy debate in open session, the Board cannot agree on whether to drug test all athletes Board cannot agree on whether to drug test all athletes and so the members continue the matter to their next and so the members continue the matter to their next scheduled board meeting which happens to be two days scheduled board meeting which happens to be two days later when the Board is set to review the budget. The later when the Board is set to review the budget. The Board may consider and act on the drug testing issue at Board may consider and act on the drug testing issue at the budget meeting. the budget meeting.

No Agenda Item, No Action No Agenda Item, No Action EXCEPT:EXCEPT:

Closed SessionsClosed Sessions are the only exceptions to the are the only exceptions to the requirement that the public’s requirement that the public’s

business be conducted in business be conducted in public.public.

Closed Session RequirementsClosed Session Requirements The Attorney General has stated, “If a specific statutory exception

authorizing a closed session cannot be found, the matter must be conducted in public regardless of its sensitivity.” [Government Code § 54962; Rowen v. Santa Clara Unified School District (1981) 121 Cal.App.3d 231, 234; 68 Ops.Cal.Atty.Gen. 34, 41-42 (1985).]

Items to be discussed in closed sessions must be on the agenda Items to be discussed in closed sessions must be on the agenda and must be orally announced before going into closed session. The and must be orally announced before going into closed session. The agenda must include the reason for the closed session and a brief agenda must include the reason for the closed session and a brief description. It is always a good idea to cite the section of the Brown description. It is always a good idea to cite the section of the Brown Act that allows for the closed session.Act that allows for the closed session.

Meetings are either open or closed and the Board does not have the Meetings are either open or closed and the Board does not have the discretion to invite only certain members of the public into closed discretion to invite only certain members of the public into closed session while excluding others. Closed sessions should include only session while excluding others. Closed sessions should include only Board members, the Superintendent, legal counsel, and depending Board members, the Superintendent, legal counsel, and depending on the nature the item to be considered in the closed session, the on the nature the item to be considered in the closed session, the administrative/managerial staff appropriate to the issue.administrative/managerial staff appropriate to the issue.

More Closed Session More Closed Session RequirementsRequirements

Public comment on closed session businessPublic comment on closed session business

In its guide to the Brown Act, the Office of the Attorney In its guide to the Brown Act, the Office of the Attorney General has stated, “General has stated, “it would be prudent for legislative bodies to afford the public an opportunity to comment on closed session items prior to the body’s adjournment into closed session.” (CA Attorney General’s Office, pg. 19)

Decisions reached in closed sessions must be Decisions reached in closed sessions must be discussed in public immediately after the closed discussed in public immediately after the closed session. session.

The Most Common Reasons for The Most Common Reasons for Closed SessionsClosed Sessions

1.1. Personnel Matters (Personnel Matters (§§54957)54957)

Public employee appointment or Public employee appointment or employmentemployment

Evaluation of employee performanceEvaluation of employee performanceDiscipline, Dismissal or ReleaseDiscipline, Dismissal or ReleaseComplaints against employeesComplaints against employees

Pending Litigation Pending Litigation §§54956.954956.9

Existing LitigationExisting Litigation Threatened or Anticipated LitigationThreatened or Anticipated Litigation Potential LitigationPotential Litigation The Attorney General states that the The Attorney General states that the

Board’s attorney must be present either Board’s attorney must be present either in person or by teleconference means in person or by teleconference means in order to use this exception.in order to use this exception.

Real Estate Negotiations Real Estate Negotiations ((§§54956.8)54956.8)

Closed session are authorized if the Closed session are authorized if the Board is meeting with its negotiator to Board is meeting with its negotiator to discuss the purchase, sale, exchange or discuss the purchase, sale, exchange or lease of real property.lease of real property.

But, please note, that before going into But, please note, that before going into closed session, the Board must name its closed session, the Board must name its negotiator (who may be an employee of negotiator (who may be an employee of the District), describe the property, and the District), describe the property, and name the parties the District is name the parties the District is negotiating with. negotiating with.

Labor Negotiations (Labor Negotiations (§54957.6)§54957.6) The Board may use closed The Board may use closed

sessions to meet with its sessions to meet with its negotiator regarding the Board’s negotiator regarding the Board’s position on any matter within the position on any matter within the scope of representation when scope of representation when related to employees represented related to employees represented by an employee organization. For by an employee organization. For unrepresented employees, the unrepresented employees, the Board’s discussion in closed Board’s discussion in closed session with its negotiator is session with its negotiator is limited to salaries, salary limited to salaries, salary schedules, and fringe benefits. schedules, and fringe benefits.

But as with closed sessions But as with closed sessions regarding real property, the Board regarding real property, the Board must identify its labor negotiators must identify its labor negotiators during the public meeting before during the public meeting before moving into closed sessionmoving into closed session

Adjourning or Continuing Adjourning or Continuing MeetingsMeetings

Government Code Government Code section §section §5495554955 permits permits the Board to adjourn a the Board to adjourn a regular, adjourned regular, adjourned regular, special or regular, special or adjourned special adjourned special meeting to a time and meeting to a time and place specified in the place specified in the order of adjournment. order of adjournment.

AdjournmentAdjournment If less than a quorum is present, the directors who are If less than a quorum is present, the directors who are

present can adjourn the meeting.present can adjourn the meeting.

If no directors are present, the clerk or secretary of the If no directors are present, the clerk or secretary of the legislative body may declare the meeting adjourned to a legislative body may declare the meeting adjourned to a stated time and place. The clerk or secretary must create stated time and place. The clerk or secretary must create a written notice.a written notice.

The Act gives very specific instructions on posting notice The Act gives very specific instructions on posting notice of the adjournment. of the adjournment. §54955§54955 states, “ states, “A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment”.

Where Can the Board Meet?Where Can the Board Meet? Although exception do exist, Although exception do exist,

Board meetings should Board meetings should normally be held within the normally be held within the boundaries of the District. boundaries of the District. [Government Code section [Government Code section §54954(b)]§54954(b)]. .

Meetings must be held in facilities that permit admittance of any person regardless of race, religious creed, color, national origin, ancestry, or sex; which are accessible to disabled persons; and where no one is required to make a payment or purchase to enter.

Exceptions To Staying LocalExceptions To Staying Local Meetings may be held outside District boundaries for Meetings may be held outside District boundaries for

the following reasons:the following reasons:

To comply with state or federal law orTo comply with state or federal law or attend a judicial or administrative proceeding to which the agency is a party. §54954(b)(1)

To inspect real property that can not be easily brought within the district boundaries. The meeting discussion is limited to the property under inspection. §54954(b)(2)

To participate as a body in a multi-agency meeting held in another jurisdiction as long as the meeting takes place within the boundaries of one of the agencies involved in the meeting. §54954(b)(3)

If the District does not have a facility within its boundaries, then a meeting can be located in the closest facility or at the principal office of the District if the office is located outside the district boundaries. §54954(b)(4)

Exceptions ContinuedExceptions ContinuedTo meet with elected or appointed federal or state officials when

a local meeting would be impractical. However, discussion must be limited to a legislative or regulatory issue affecting the district that the federal or state officials have jurisdiction over. §54954(b)(5)

To meet at or nearby a facility owned by the District that is outside its boundaries, if the topic of the meeting is limited to items related directly to that facility. §54954(b)(6)

To visit the office of the District’s legal counsel for a closed session on pending litigation when doing so would reduce legal fees or costs. §54954(b)(7)

Finally, if there is an emergency that makes the regular meeting location unsafe, the meetings can be held elsewhere until the emergency is over, as long as the Board President designates alternative meeting site and sends written notice to the media by the most rapid means of communication at that time. §54954(e)

The Brown Act Permits Attendance The Brown Act Permits Attendance At Meetings By TeleconferenceAt Meetings By Teleconference

Government Code § 54953(b)(1) permits the use of teleconferencing to enable a Board member to participate from a remote location via electronic means..

Requirements for teleconference attendance include: Teleconferences must comply with the rest of the Act

All votes taken during a teleconference must be taken by roll call.

Agendas must be posted at all teleconference locations.

Each teleconference location must be identified in the agenda.

Each teleconference location must be accessible to the public.

At least a quorum of the board must participate from locations within the district boundaries.

The agenda must provide for public comment at each teleconference location.

The Public’s Right to The Public’s Right to CriticizeCriticize

The Board must allow the public to criticize District The Board must allow the public to criticize District policy, procedure, programs, services, and even policy, procedure, programs, services, and even Board members or District staff. Restricting Board members or District staff. Restricting negative commentary can be a First Amendment negative commentary can be a First Amendment violation. violation.

However, it is still the Board’s meeting and However, it is still the Board’s meeting and Government Code §54957.9 does allow the Board Government Code §54957.9 does allow the Board to exclude persons who willfully disrupt its to exclude persons who willfully disrupt its meeting. meeting.

The Board may clear the room and continue the The Board may clear the room and continue the meeting, as long as the press and non-disruptive meeting, as long as the press and non-disruptive members of the audience are permitted to stay.members of the audience are permitted to stay.

ConclusionConclusion

In enacting the Ralph M Brown Act, the Legislature declaredIn enacting the Ralph M Brown Act, the Legislature declaredthat the public boards, councils and the other public agencies in that the public boards, councils and the other public agencies in California exist to aid in the conduct of the people's business. California exist to aid in the conduct of the people's business. The intent of the Act is that the meetings, actions and The intent of the Act is that the meetings, actions and deliberations of public agencies be conducted in public. deliberations of public agencies be conducted in public.

"The people of this State do not yield their sovereignty to the "The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain The people insist on remaining informed so that they may retain control over the instruments they have created." control over the instruments they have created."