Ralph M. Brown Act

The Ralph M. Brown Act (California Government Code Section 54950 et. seq.), often referred to simply as the “Brown Act,” sets guidelines for public access to meetings of California local government agencies. Governmental bodies subject to the requirements of the Brown Act must provide public notice of their meetings and post agendas for those meetings.

In 2012, the State Legislature suspended certain portions of the Brown Act in order to avoid having to reimburse local agencies for compliance. Shortly after this, the City of Los Altos was the first agency in Santa Clara County to affirm its continued commitment to following all aspects of the Brown Act and has remained dedicated to ensuring all City Council, Commission/Committee meetings and deliberations are open to the public.

Application of the Brown Act to “Legislative Bodies”

The requirements of the Brown Act apply to local agencies, such as the City of Los Altos. Included in these requirements are the “legislative bodies” of each agency. Legislative bodies in the City include the City Council, Commissions/Committees and standing City Council subcommittees. Ad hoc advisory committees consisting of less than a quorum of any legislative body are exempt from the requirements of the Brown Act. (City Resolution regarding subcommittees and the Brown Act)

Brown Act Requirements

Under the provisions of the Brown Act, the City must post an agenda for any regular or special meeting. Agendas for regular meetings must be posted at least 72 hours in advance of the meeting. Agendas for special meetings must be posted at least 24 hours in advance. Agendas must be posted in a location that is publicly accessible 24 hours a day at City Hall (the City has a “Brown Act Board” located outside of the main entrance to City Hall). If the meeting is to be held away from City Hall, the agenda must be posted at that location as well. Agendas must also be published on the City website.

Agendas must contain simple yet meaningful descriptions of topics to be discussed. The legislative body may not discuss items not on the agenda, except in very rare circumstances and under strict guidelines. Any document distributed to the legislative body as part of the meeting packet must be provided to the public as well, unless exempt under the Public Records Act.

The City must hold meetings in the jurisdiction of the City, except in limited circumstances, and in places accessible to all, with no requirement to enter. Meeting attendees are not required to “sign in.”

The non-disruptive recording and broadcast of meetings must be allowed, and the public may inspect any recording made by the City of its open meetings. The City video records and broadcasts meetings of the City Council and Planning and Transportation Commission. Those recordings may be found here. All other Commission meetings are audio-recorded.

Any member of the public may speak on any agenda item for any meeting. Also, members of the public may address any legislative body at a regular meeting on any item not on the agenda. The City may establish guidelines for public speakers, such as length of allotted time, in order to allow for the orderly conduct of the meeting.

Closed meetings, or closed sessions, are meetings which are not open to the public and may be held only if they meet defined purposes and follow special requirements. Even at closed meetings, special public notice and agenda requirements apply. The City Council is the only body in the City which holds closed meetings. All votes and actions taken in closed session must be publicly reported orally or in writing.

Closed meetings may be held for the following reasons:

Personnel

Only to discuss the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific employee or potential employee who reports to the City Council. In the City of Los Altos, this constitutes the City Manager and City Attorney. Closed sessions are not allowed for discussing the performance of any elected official or commission member.

Pending Litigation

Only if open discussion “would prejudice the position of the agency in the litigation.” The litigation must be named on the posted agenda or announced in open session. To qualify, the City must be a party to pending litigation or expect, based on certain specified facts, to be sued; or expect to file suit itself.

Anticipated Litigation

Only for legal counsel to inform the legislative body of specific facts and circumstances that suggest that the City has significant exposure to litigation.

Labor Negotiations

Only to instruct the City’s identified negotiator on compensation issues.

Property Negotiations

Only to discuss, with the City’s identified bargaining agent, price or payment terms. The parcel, negotiators and the prospective seller or purchaser must be identified on the agenda. Final price and payment terms must be disclosed when the actual lease or contract is discussed for approval.

Other exceptions apply such as license applications for people with criminal records, threats to public services or facilities, and insurance pooling.