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The Brown Act - A Summery

Compiled by Kenna Cottrill, July 2004

1. The Act The Brown Act was made a law in the 1950’s. It ensures that people do not give up their power completely to the agencies that serve them. Since the ASG represents all Sacramento City College students, the actions you take and decisions you make should be public knowledge.

2. Meetings

•Under the Brown Act any time the majority of the ASG officers come together to “hear, discuss or deliberate” a campus issue, it is defined as a meeting. All meetings of governing bodies must be open to the public.

•There are exceptions, which allow a majority of your ASG to discuss issues without it being defined as a meeting:
     o Individual contacts: As an individual ASG officer, you may discuss any issue with those who have information you need to make a more informed decision.
     o Conferences, Community Meetings, Meeting of another body of the agency: You may attend conferences and meetings and discuss ASG issues openly, as long as these events are open to the public and as long as the discussions take place as part
of the scheduled program, i.e. within a conference workshop.
     o Attendance as an observer of a standing committee: If you attend a committee meeting but do not participate, you are exempt from the Brown Act.
     o Social or ceremonial event: The majority of you may attend a social or  ceremonial event as long you do not make decisions during said events.

•Video teleconferencing is allowed, but meeting via telephone is not.

•Meetings must be held on campus, since the campus is the boundary of your jurisdiction. There are some exceptions; consult with your advisor if you have questions.

3. New Members

•As soon as new members are elected, they must adhere to the Brown Act. Therefore, if a meeting between outgoing members and incoming members constitutes a majority of the group, this could be a violation, especially if decisions are being discussed.

4. Notice & Agenda Requirements

•The time and place for regular meetings must be set by formal rule, resolution, bylaws or other formal action. Time and place should remain the same.

•The agenda should be posted 72 hours in advance of the meeting in a location that is regularly accessible to the public. Agendas should include a brief description (20 words or less) of each item being discussed.

•Individuals may receive an agenda prior to the meeting. They must make a written request. They should receive the agenda by the time the agenda is posted for the public or is delivered to the ASG members, whichever is earlier.
     o ASG may charge a fee to cover the costs of copying and mailing, if necessary.
     o A person may make a standing request to receive the agenda, and must renew the request annually.
     o If the requested agenda is not received, action taken at the meeting is still valid.

•No action or discussion may occur on any item that is not on the posted agenda. However, ASG members can:
     o Briefly respond to statements or questions of those publicly testifying.
     o Ask a question for clarification, make an announcement, or make a brief report on his/her own activities.
     o Provide reference to another person/source for factual information, request a report at the subsequent meeting, or direct individuals to submit an agenda item request for a future meeting.
     o Act upon an item if it is identified prior to acting upon it and if any of the following conditions are met:
            the majority decides there is an emergency situation (see emergency
meetings below).
            2/3 of the members present at the meeting (or all the members if less than 2/3 are present) decide immediate action is needed and that the need for
action came after the agenda was posted.
            If the item appeared on an agenda of a meeting less than 5 days earlier and the current meeting is a continuation of that previous meeting.

•Special meetings are called by the ASG President. The majority of the ASG has the authority to communicate to the President that they want to call a special meeting.
     o Written notice must be given the ASG members and posted 24 hours in advance of the special meeting. The notice must state meeting time, place, and items to be discussed. This notice serves as the agenda for the meeting.
     o Items not on the notice cannot be considered.

•Regular and special meetings may be adjourned to another place and time, if necessary.
     o If a meeting is adjourned for less than 5 days, no new agenda is needed.
     o The reason for adjournment should be posted within 24 hours at the location where the meeting was held.

•Emergency meetings are held when public facilities are threatened, such as during a work stoppage, a disaster, or any other activity that impairs public health and/or safety.
     o Special meeting requirements are in effect, except for the 24-hour notice.

5. Rights of the Public at Meetings

•The public should not have to fulfill any condition to attend meetings, such as provide their names or any other information or fill out a questionnaire. Attendance lists or questionnaires should be explicitly labeled as voluntary.

•Meetings should be held in facilities that are open to everyone, regardless of race, ethnicity, religion, national origin, gender, or ability (etc.). Additionally, the public should not have to pay to enter or make a purchase in order to attend the meeting.

•Secret ballots are not permitted.

•Meetings are either closed or open, not “semi-closed.”

•Individuals who willfully disrupt meetings must be removed. If necessary, the room may be cleared of the public, but not of media members if they have not been part of the disruption.

•A victim of sexual misconduct or child abuse should not be identified unless their identity has been publicly disclosed previously.

•The public may review the agendas and other documents distributed to a majority of the ASG members, except for privileged documents.

•The public may record the meetings in any fashion, unless the ASG determines this will be a disruption.

•The public has the right to comment on all agenda items. This must occur before or during any decisions are made regarding the item.
     o ASG may impose reasonable regulations to ensure everyone has the opportunity to speak. Time limits are the most common regulations.
     o Criticisms cannot be prohibited, but defamatory statements are not protected.

6. Closed Sessions
There are very few allowances for closed sessions, during which the public is not allowed. Even though the session is closed, an agenda should still be posted as though the meeting were open. The agenda should clearly state that the meeting is closed. The reasons for a closed session include personnel issues, litigation issues, labor negotiations, real estate negotiations, threats to public safety,
grand jury testimony, and other miscellaneous issues as outlined by the Brown Act.

Resources

•Fourkas, T. (1994). Open and Public II: A User’s Guide to the Ralph M. Brown Act.

•Thompson, L.D. “The Ralph M. Brown Act.” Workshop Handout, March 5,
1998.