CALIFORNIA BAGLEY-KEENE OPEN MEETING ACT
The Bagley-Keene Open Meeting Act (Government Code section 11120 et seq.) is a cornerstone of California’s commitment to transparent governance. Enacted in 1967, the law mandates that the business of state bodies be conducted openly, ensuring the public remains informed and able to participate in the decision making processes of the agencies that serve them. The Act is an implementation of the declaration in the California Constitution that the “meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny”.
An experienced attorney can help guide clients through laws regarding public participation in government meetings including the Bagley-Keene Open Meeting Act as well as laws governing government ethics.
Scope and Purpose
The Bagley-Keene Open Meeting Act applies to most California state boards, commissions, and similar multi-member bodies created by statute or executive order, such as the various professional licensing boards. It serves a higher value than mere efficiency; it ensures that a consensus of diverse viewpoints is developed through public debate and deliberation, rather than private decision-making.
The fundamental purpose of the Bagley-Keene Open Meeting Act is to provide the public with the ability to monitor and participate in state government deliberations. The Bagley-Keene Open Meeting Act is modeled after the Ralph M. Brown Act which guarantees the public’s right to attend, participate in, and record meetings of local legislative bodies.
Key Provisions
The California Bagley-Keene Act places three primary duties on state bodies:
Give timely and sufficient public notice of meetings: This generally means providing at least 10 days’ advance notice of a regular meeting and a specific agenda of the items to be discussed.
Provide an opportunity for public comment: Members of the public must be allowed to directly address the state body on any agenda item, either before or during the body’s discussion of the item.
Conduct meetings in open session: All meetings must be open and public, except where a closed session is specifically authorized by statute.
SB 470, enacted in 2025, extended the current Bagley-Keene provisions regarding meetings by teleconference until January 1, 2030.
Prohibitions and Specific Requirements
No Secret Meetings (Serial Meetings): The Bagley-Keene Act explicitly prohibits a majority of members from using a series of communications (whether directly, through intermediaries, or via technological devices, like email reply all chains) to discuss or act on any item of business outside of a properly noticed open meeting.
No Conditions on Attendance: A California body cannot require a person to register their name, provide identification (beyond security screenings), or fulfill any other condition to attend an open meeting.
Right to Record: Any person is permitted to record the proceedings of an open meeting, provided it does not constitute a persistent disruption.
Public Access to Materials: Written materials distributed to a majority of the state body for discussion at a public meeting must also be made available to the public.
Closed Sessions: Narrow Exceptions
While the principle is openness, the California Bagley-Keene Act does allow for certain, narrowly construed exceptions where a state body may meet in a closed (private) session. These exceptions typically involve sensitive matters such as:
- Personnel matters
- Pending litigation (to avoid prejudicing the body’s legal position)
- Matters involving an unwarranted invasion of individual privacy
- Discussions with legal counsel for the purpose of receiving legal advice
Enforcement and Remedies
The California Bagley-Keene Act is enforced through several mechanisms. An interested person, the Attorney General, or a district attorney can file a lawsuit to stop or prevent future violations. Courts may void action taken in violation of the Act under certain circumstances. Individual members who attend a meeting in violation of the Act with the intent to deprive the public of information may face misdemeanor penalties.
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