The Brown Act

This workbook explores the Ralph M. Brown Act, commonly referred to as the “Brown Act.” Former State Assembly member Ralph M. Brown authored the Brown Act, which was passed by the California State Legislature in 1953. The Act is codified within California Government Code § 54950, et seq. It remains as a pivotal piece of legislation and continues to evolve and change.

This workbook serves as an easy-to-understand desktop reference for the Brown Act to assist the user in implementing and complying with the provisions of the Act.

The Public Records Act

The California Public Records Act (“CPRA” or the “Act”) is contained in Government Code section 7920.000 et. seq. Previously, Government Code section 6254 addressed the Act. On January 1, 2023, the Act was recodified under Government Code section 7920.000. The Act provides the public with the right to access public records in the possession of public agencies. The Act also provides the public with the right to access public records in possession of nongovernmental entities in very limited circumstances. The general policy of the Act favors disclosure and a refusal to disclose information must be justified by a specific exemption of the Act.

Disclosure of public records is not an absolute right and the Act recognizes two fundamental yet competing interests. On the one hand, the Act seeks to prevent secrecy in government. On the other hand, the Act also seeks to protect the privacy interests implicated for certain records. Therefore, as discussed in greater detail below, the Act provides several exemptions to the general policy of disclosure.

The disclosure requirements of the Act serve as minimum standards for a local agency. A local agency may adopt requirements that allow for faster, more efficient or greater access to records than the requirements prescribed by the Act.

Topics Include:

• Overview of the Brown Act
• What is Covered by the Brown Act?
  • Public Agencies Covered by the Act
  • Legislative Bodies Covered by the Brown Act
• What Constitutes a Meeting?
  • Meetings Covered by the Act
  • Serial Meetings
  • Circumstances That are Not Covered by the Act
  • Types of Meetings
• Notice and Agenda Requirements
  • Regular Meetings
  • Special Meetings
  • Emergency Meetings
  • Special Notice Requirements for Adopting a New Tax or Assessment
  • Teleconference and Remote Meetings During Declared State of Emergencies 26
• Conducting the Meeting
  • Location of Meetings
  • Adjournment of Meetings
  • Continuance of Hearings
• Rights of the Public
  • Public Attendance at Meetings
  • Public Participation by Teleconferencing
  • Public Right to Record Meeting
  • Public Right to Broadcast a Meeting
  • Public Right to Inspect Documents and Recordings
  • Disorderly Conduct of the Public During Meeting
• Exceptions to the Open Meeting Requirement
  • Pending Litigation
  • Personnel Matters
  • Labor Negotiations
  • Real Property Transactions
  • Security Threats and Public Safety
  • Reviewing License Applications of an Individual with a Criminal Record
  • Health Plans and Trade Secrets
  • Charges or Complaints from Members of the Local Agency Health Plan
  • Joint Powers Agency or Local Agency Self-Insurance Authority Formed for Insurance Pooling Liability
  • Multi-Jurisdictional Drug Law Enforcement Agency
• Conducting Closed Session Meetings
  • Agenda Descriptions for Closed Session Items
  • Announcement before Closed Sessions
  • Minute Book Record
  • Attendees
  • Public Report of Action Taken
  • No Disclosure of Personal Recollections
  • Disclosure of Confidential Information
• Remedies for Violation of the Brown Act
  • Preventing Violations of the Act
  • Correcting and Curing an Unlawful Action
  • Prejudice is Necessary to Void Unlawful Action
  • Discovery of Closed Session Tapes
  • Costs and Attorney Fees for Violating the Act
• The Maddy Act
• Public Records
  • What Constitutes a Public Record?
  • Types of Public Records
• Inspection of Public Records
• Request for Copies
  • Right to Exact Copy of Record
  • Right to Assistance from Agency
  • Agency Response to Request for Records
  • Extension for Response
  • Denial of Request
  • Request and Consideration of Salary History Information
  • Union Access to Employee's Contact Information
• Exempt Records
  • Categories of Exempt Records
  • Personnel Files
  • Pending Litigation
  • Records Exempt from Disclosure Pursuant to Federal and/or State Law
  • Catch-All Exemption
  • Waiver of Exemption by Local Agency
• Disclosure of Electronic Records
  • Records Posted on the agency’s Website
  • Disclosure of Electronic Communications
• Legal Action to Compel Disclosure of Public Records
  • Determination Process
  • Attorney Fees and Costs
• Reverse CPRA Actions and Notices
• District Attorney as the Requesting Party