California Brown Act: Government Transparency & Open Meeting Law
California’s Brown Act guarantees the public’s right to observe and participate in the deliberations of local government. When public agencies hold secret meetings, exclude the community, or take action outside public view, they violate the law, and the people they serve have the right to hold them accountable.
Jeff Lewis Law advises individuals and organizations on Brown Act compliance and has litigated Brown Act violations against local agencies, including school boards, on behalf of community members seeking transparency and accountability.
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What Is California’s Brown Act? Open Meeting Law Explained
The Ralph M. Brown Act is California’s open meeting law. It requires that the meetings of local legislative bodies, including city councils, school boards, planning commissions, and special district boards, be open, noticed, and accessible to the public.
The Brown Act exists because Californians have the right to know what their local government officials are doing on their behalf. When agencies conduct business in secret, it undermines public trust and democratic accountability.
Common Brown Act violations include:
- Holding closed or secret meetings on topics that must be addressed publicly
- Failing to properly post meeting agendas at least 72 hours in advance
- Taking action on agenda items not properly noticed to the public
- Improperly excluding members of the public or press from open meetings
- Conducting serial communications among board members outside of a noticed meeting
- Misusing closed-session authority to shield deliberations from public view
How to Challenge a Brown Act Violation in California
If a public agency violates the Brown Act, affected individuals and organizations have legal options. Depending on the circumstances:
- Actions taken in violation of the Brown Act may be declared null and void by a court
- A court may issue an injunction requiring the agency to comply with the law going forward
- The violating agency may be required to reconsider the challenged action in a properly noticed public meeting
Pursuing a Brown Act claim typically begins with a written demand to the agency, giving it an opportunity to cure the violation. If the agency fails to respond adequately, litigation may follow. Jeff Lewis Law advises clients through each step of this process.
Brown Act Advisory & Litigation Services in California
Jeff Lewis Law provides two distinct types of Brown Act services:
Advisory & Compliance Guidance: If you are a member of a public agency board, an advocacy group, a journalist, or a community member who wants to understand your rights or ensure a public body is meeting its obligations, Jeff Lewis Law can provide clear guidance on what the law requires and what your options are.
Litigation & Enforcement: If a public agency has already violated the Brown Act and refuses to correct course, Jeff Lewis Law can pursue enforcement through the courts. This includes drafting cure-and-correct demands, filing suit, and litigating to a ruling or settlement that restores public access and accountability.
California Brown Act FAQs: Your Rights Under the Open Meeting Law
What is the Brown Act?
The Ralph M. Brown Act is California’s open meeting law. It requires that local government bodies, including city councils, school boards, planning commissions, and special district boards, conduct their meetings openly and give the public proper notice and access. The law exists to ensure that Californians can observe and participate in the decisions made by their local government.
What types of government bodies does the Brown Act apply to?
The Brown Act applies to local legislative bodies throughout California, including city councils, school boards, county commissions, planning commissions, special district boards, and similar public agencies. It does not apply to state-level bodies, which are governed by a separate law known as the Bagley-Keene Open Meeting Act.
What are common Brown Act violations?
Common violations include holding closed or secret meetings on topics that must be addressed publicly, failing to post agendas at least 72 hours before a meeting, taking action on items not properly noticed, improperly excluding the public from meetings, and using serial communications among board members to circumvent the open meeting requirement.
What can I do if I believe a local government body has violated the Brown Act?
If you believe a public agency has violated the Brown Act, you may have the right to challenge the agency’s actions in court. In many circumstances, actions taken in violation of the law can be declared null and void. The process typically begins with a written cure-and-correct demand to the agency. If the agency does not adequately respond, litigation may follow. Jeff Lewis Law can advise you on the right steps and represent you through the process.
Has Jeff Lewis Law successfully challenged Brown Act violations?
Yes. Jeff Lewis Law has filed lawsuits and obtained rulings against local agencies, including school boards, for Brown Act violations. In one notable case, after trial, a judge found that the Palos Verdes Peninsula School Board had conducted deliberations improperly and outside public view, in violation of California’s open meeting law.
Does the Brown Act apply to emails and text messages between board members?
Yes, it can. The Brown Act prohibits a majority of board members from using serial communications, including emails, texts, or calls relayed through intermediaries, to deliberate on public business outside of a properly noticed meeting. These so-called ‘daisy chain’ communications are a common but frequently overlooked form of Brown Act violation.
Speak With a California Brown Act Attorney Today
Whether you’re a concerned community member, a journalist, an advocacy group, or a board member trying to understand your obligations, Jeff Lewis Law can help. From your first call to the resolution of your matter, our goal is to ensure that local government in California operates the way it’s supposed to: openly, honestly, and accountable to the public.