Brown act for school boards

The overriding mandate of the Brown Act is relatively simple — all meetings of the board shall be open and noticed to the public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, subject to exceptions described in the Government Code. (Cal. Gov’t. Code § 54953(a).) But, as many governing board members already know, understanding the intricate exceptions and definitions within the Brown Act can be challenging.

CSBA’s Legal Department fields questions and provides legal guidance on a variety of topics, including questions relating to the Brown Act. CSBA has also written and published a book designed to give board members all the information they need about the Brown Act, available for purchase at www.csba.org/ProductsAndServices/CSBAStore/Books.

As part of an ongoing series of articles on the Brown Act, the CSBA legal team has provided answers to the following frequently asked questions:

Q: Can a governing board restrict public comment on an item that has already been considered by a committee?

A: For a regular meeting, yes. For a special meeting, no. The Brown Act requires governing boards to allow the opportunity for public comment. An exception to this rule exists under Government Code section 54954.3, which states that the agenda need not provide an opportunity for public comment on any item that has already been considered by a committee composed exclusively of board members, where all members of the public were given an opportunity to address the committee before or during the committee’s consideration, unless the item has been substantially changed (as determined by the board) since the committee originally heard the matter (the “committee exception”).

However, according to a California appellate ruling, this committee exception only holds for regular board meetings, and public comment on an agenda item must be allowed at special meetings. In Preven v. City of Los Angeles, the court found that governing boards cannot restrict public comment on an item at a special meeting even if it has already been discussed in a committee where the public had the opportunity to comment.

Additional note: At a special meeting, the board must allow the public an opportunity to address the board concerning any item on the agenda, but unlike a regular meeting, is not required to provide an opportunity for public comment generally.

Q: Can a majority of school board members from different school districts gather together to hear and discuss topics of broad significance?

A: Maybe. A congregation of a majority of the governing board at the same time and location to hear, discuss, deliberate or take action on any matter within the board’s or agency’s subject matter jurisdiction is considered a meeting subject to the Brown Act. However, a gathering of a majority of members from different school districts may not be a meeting under the Brown Act, or may be a properly noticed meeting under certain circumstances, as described below.

The Brown Act defines three situations that are not considered “meetings” pursuant to Government Code section 54952.2, including:

1. Conferences – Attendance of a majority of members of a governing board at a conference or similar gathering open to the public involving a discussion of public issues, or issues of interest to public education agencies, provided that a majority of the board members do not discuss among themselves, other than as part of the scheduled program, specific business within the agency’s jurisdiction;
2. Community meetings – Attendance of a majority of members of a governing board at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided (similar to above), that a majority of the board members do not discuss among themselves, other than as part of the scheduled program, specific business within the agency’s jurisdiction; and
3. Other legislative bodies – Attendance of a majority of members of a governing board at an open and publicized meeting of another body of a local agency or of a legislative body of another local agency, such as a local City Council or County Board of Supervisors meeting, provided that a majority of the board members do not discuss among themselves, other than as part of the scheduled program, specific business within the agency’s jurisdiction.

If none of these exceptions to the definition of a meeting apply, the meeting must be held within the confines of the Brown Act. That is, one school district holds the meeting within its jurisdictional boundaries, and the meeting is noticed with an agenda and open to the public. All of the school district participants attending the meeting are required to notice the meeting and post the agenda. Since the meeting is held outside of the jurisdiction of the other school districts, this allows a majority of board members from other school districts to attend the meeting when the meeting or discussion is of multiagency significance. (Cal. Gov’t. Code § 54954(3).)

The information provided here by CSBA is for informational purposes and is not legal advice. Please contact your district or county office of education’s legal counsel for legal questions related to this information.