Brown Act Basics

What is the Brown Act?

The California Brown Act, passed in 1953, is a law that ensures public access to the meetings of local legislative bodies. Its primary purpose is to promote transparency and accountability in government decision-making processes by requiring that deliberations and actions be conducted openly. The Brown Act intends to prevent the misuse of democratic processes by mandating that the business of public agencies is conducted in a manner that is accessible and visible to the public.

At Cerritos College, the Brown Act would only apply to the following institutions:

  • Board of Trustees
  • Faculty Senate
  • Student Senate
  • College Coordinating Committee
  • Senate Curriculum Committee

These bodies must conduct their meetings openly, with proper notice, public participation opportunities, and adherence to all Brown Act requirements for transparency in decision-making.

Brown Act Requirements

Below are the key requirements of the Brown Act. Understanding and adhering to these rules is critical for fostering transparency, ensuring community engagement, and protecting institutional integrity.

Requirement Description
Open Meetings All meetings of the legislative body must be open and accessible to the public. This includes regular, special, and emergency meetings.
Notice & Agenda Posting Meeting agendas must be posted in advance (72 hours for regular meetings, 24 hours for special meetings), ensuring transparency and public awareness of what will be discussed.
Public Participation The public has the right to attend and participate in meetings. Opportunities for public comments must be provided.
No Secret Ballots or Votes Decisions must be made openly, with individual votes recorded.
Closed Session Only certain matters may be discussed in closed sessions, such as personnel issues, pending litigation, or negotiations.
Violations Violations of the Brown Act can result in actions being nullified, fines, or even criminal penalties for intentional misconduct.

Frequently Asked Questions

What is considered a "meeting" under the Brown Act?

  • A "meeting" is any gathering of a majority of the members of a legislative body to discuss or deliberate on matters within the body's jurisdiction. This includes formal meetings, informal discussions, and even email exchanges if a majority is involved.

What constitutes a violation of the Brown Act?

  • Examples include failing to provide proper notice of a meeting, discussing items not listed on the agenda, or conducting secret meetings. Violations can be challenged in court and may result in voided decisions or legal penalties.

Why doesn't the Brown Act apply to all college committees?

  • The Brown Act applies to bodies responsible for legislative, policy-making, or decision-making functions. As a legislative body, the Board of Trustees is subject to the Brown Act. Additionally, because the Board is legally required to accept recommendations from the Faculty Senate, Student Senate, College Coordinating Committee, and Senate Curriculum Committee, these entities must also comply with the Act. However, most college and senate committees primarily serve in advisory roles to the administration or the Faculty Senate, rather than the Board. Because they do not engage in formal decision-making processes, they are not subject to the Act's open meeting requirements.