RALPH M. BROWN ACT IN CALIFORNIA
The Ralph M. Brown Act, California’s foundational “sunshine law” enacted in 1953, is a cornerstone of open and transparent local government. Codified in Government Code sections 54950 et seq., the Brown Act guarantees the public’s right to attend, participate in, and record meetings of local legislative bodies, ensuring that the “people’s business” is conducted openly and not behind closed doors.
SB 707, enacted in 2025, updates the Brown Act to require, among other things, that open meetings include a two-way telephonic or audiovisual option for public attendance and that the public is encouraged to participate through dedicated webpages, easier access to documents, outreach to underrepresented groups, and distribution of a copy of the Brown Act to every newly elected or appointed member of a local legislative body.
An experienced attorney can help guide clients through laws regarding public participation in government meetings including the Brown Act as well as laws governing government ethics.
Purpose and Intent
The primary intent of the Brown Act is simple: public agencies exist to aid in the conduct of the people’s business, and their actions and deliberations must be conducted openly. This law reinforces government ethics and was a response to concerns about a lack of transparency and “backroom deal-making” in local governance. The Brown Act is generally construed liberally in favor of public access, while exceptions permitting closed sessions are interpreted narrowly. The Brown Act is largely mirrored in the Bagley-Keene Open Meeting Act which mandates that the business of state bodies be conducted openly.
Who and What It Covers
The Brown Act applies to a broad range of local government bodies in California, including:
- City councils and county boards of supervisors.
- School boards and special districts (e.g., water or sanitary districts).
- Commissions, committees, and any other permanent or temporary advisory bodies created by a local agency.
A “meeting” is defined as any gathering of a majority of a legislative body to discuss or act on matters within their jurisdiction. This definition includes “serial meetings” where a majority reaches a consensus through indirect communications.
Key Provisions
Open and Public Meetings: Meetings must be open to the public, with limited exceptions.
Notice and Agendas: Regular meeting agendas require 72 hour notice and a description of items. Special meetings need 24 hour notice. Generally, action cannot be taken on unlisted items.
Public Participation: The public can attend, record, and broadcast meetings and comment on agenda items, subject to reasonable time limits.
Closed Sessions: These are allowed only for specific reasons like personnel, litigation, labor negotiations, or property negotiations. Actions taken in closed sessions must usually be reported in open session.
Meeting Materials: Public records distributed to a majority of the body less than 72 hours before a meeting must be publicly available simultaneously.
Enforcement and Penalties
Violations can result in civil or criminal penalties. Civil actions can be brought by interested parties to prevent or void illegal actions. A “cure and correct” letter is required before a lawsuit to void an action. Criminal charges are possible for individuals intending to keep information from the public.
The Brown Act is crucial for local government accountability and transparency, fostering public trust.
Contact us by phone or email to learn more about the Ralph M. Brown Act as well as California government ethics in general including AB 1234 mandatory ethics training for local agency officials, the California Public Records Act and more.