The Brown Act: California's Open Meetings Law

What Is the Brown Act?

The Ralph M. Brown Act (Government Code §§ 54950–54963) is California's open meetings law, enacted in 1953. It guarantees the public's right to attend and participate in meetings of local legislative bodies. The Act embodies a fundamental principle: the people's business should be conducted in public.

"The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, 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." — Gov. Code § 54950

Who Must Comply?

The Brown Act applies to all legislative bodies of local agencies, including:

• City councils and boards of supervisors
• Planning commissions and advisory committees
• School boards and special district boards
• Standing committees of any legislative body (even two-member committees)
• Any board, commission, or committee created by formal action of a legislative body

Key Distinction

The Brown Act does not apply to state-level bodies (which are governed by the Bagley-Keene Open Meeting Act) or to staff meetings where no legislative body members participate in their official capacity.

Core Requirements

1. Agenda Posting (72-Hour Rule)

For regular meetings, the agenda must be posted at least 72 hours in advance in a location freely accessible to the public, 24 hours a day. The agenda must include:

• Time and location of the meeting
• A brief general description of each item to be discussed
• Information on how to request disability-related accommodations

For special meetings, at least 24 hours' notice must be given to members and media outlets that have requested notice.

2. Public Participation Rights

The public has the right to:

• Attend all open meetings
• Comment on any item on the agenda before or during the body's consideration
• Record the meeting (audio, video, photographs) unless it constitutes a disruption
• Access agendas, agenda packets, and other meeting materials

The body must provide an opportunity for public comment on each agenda item and must also provide a general public comment period for items not on the agenda.

3. Closed Session Limitations

Closed (executive) sessions are permitted only for specific topics enumerated in the Act:

Before entering closed session, the body must publicly announce the items to be discussed. After closed session, the body must report any action taken and the vote.

4. Serial Meeting Prohibition

The Brown Act prohibits serial meetings — a series of communications among a majority of the legislative body's members, conducted outside a noticed meeting, to discuss, deliberate, or take action on any item within the body's jurisdiction.

This includes:

• Daisy-chain communications (Member A calls Member B, who calls Member C)
• Hub-and-spoke communications (a staff member or third party relays information between members)
• Email chains or group texts among a majority

5. Teleconference Requirements

Members may participate via teleconference, but each teleconference location must be:

• Identified in the agenda
• Accessible to the public
• Equipped so the public can hear the proceedings

AB 2449 (2022) created limited exceptions allowing remote participation without making the remote location public, under specific circumstances and with limitations on frequency.

Penalties for Violations

A member who attends a meeting where action is taken in violation of the Brown Act is not guilty of a misdemeanor if the member did not intend to deprive the public of information.

Cure and Correct Provisions

Before filing a lawsuit, a party must send a demand to cure or correct the alleged violation (§ 54960.1). The legislative body then has 30 days to:

1. Unconditionally commit to cease the violation, OR
2. Inform the demanding party that no violation occurred

If the body fails to respond or cure, the demanding party may then file suit within 15 days.

Common Pitfalls

1. Walking quorums — Discussing business in small groups that collectively constitute a majority
2. Reply-all emails — Electronic communications among a majority about pending business
3. Social gatherings — Using social events to discuss or build consensus on official matters
4. Agenda descriptions — Descriptions that are too vague to give meaningful notice
5. Improper closed sessions — Discussing items in closed session that don't fit the statutory exceptions

Resources

• Full Text of the Brown Act
• Attorney General's Brown Act Guide (PDF)
• League of California Cities — Open & Public Guide
• FPPC Advice Line [blocked]: 1-866-ASK-FPPC