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HomeMy WebLinkAbout6.10.26 YAC Agenda PacketDublin Senior Center 7600 Amador Valley Blvd Dublin, CA 94568 Regular Meeting of the DUBLIN YOUTH ADVISORY COMMITTEE Wednesday, June 10, 2026 Location: Dublin Senior Center 7600 Amador Valley Blvd Dublin, CA 94568 Regular Meeting 2:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. PRESENTATIONS 2.1 Rosenberg's Rules of Order and Brown Act Training The Youth Advisory Committee will receive a presentation from Marsha Moore, City Clerk, regarding Rosenberg’s Rules of Order and the Brown Act. STAFF RECOMMENDATION: Receive the presentation. Staff Report Attachment 1 - Rosenberg's Rules of Order Attachment 2 - A Guide to the Ralph M. Brown Act 2.2 2026-27 Youth Advisory Committee and Staff Introductions The Youth Advisory Committee and Staff will make introductions. STAFF RECOMMENDATION: Participate in introductions with Staff. Staff Report 3. PUBLIC COMMENT At this time, the public is permitted to address the Youth Advisory Committee on non- agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The June 10, 2026 Dublin Youth Advisory Committee Agenda 1 1 Committee may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the Recording Secretary’s Office related to the proper procedure to place an item on a future Youth Advisory Committee agenda. The exceptions under which the Committee MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the Youth Advisory Committee with one single action. Members of the audience, Staff or the Youth Advisory Committee who would like an item removed from the Consent Calendar for purposes of public input may request the Chair to remove the item. 4.1 Approval of the May 13, 2026 Youth Advisory Committee Regular Meeting Minutes The Committee will consider approving the May 13, 2026 Youth Advisory Committee Regular Meeting minutes. STAFF RECOMMENDATION: Approve the minutes of the May 13, 2026 Youth Advisory Committee Regular Meeting. Staff Report Attachment 1 - Minutes of the May 13, 2026 Youth Advisory Committee Regular Meeting 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Election of 2026-27 Youth Advisory Committee Chairperson and Vice Chairperson The Youth Advisory Committee will conduct elections for the positions of Chairperson and Vice Chairperson for the 2026-27 term. STAFF RECOMMENDATION: Conduct elections for Chairperson and Vice Chairperson for the 2026-27 term. Staff Report Attachment 1 - Youth Advisory Committee Bylaws and Rules of Procedure 6.2 2026-27 Youth Advisory Committee Work Plan The Committee will discuss and develop the 2026-27 Youth Advisory Committee Work Plan. STAFF RECOMMENDATION: Discuss and develop goals and objectives for the 2026-27 Youth Advisory Committee Work Plan. Staff Report June 10, 2026 Dublin Youth Advisory Committee Agenda 2 2 7. STAFF AND COMMITTEE MEMBER REPORTS Brief information only reports from Committee Members and/or Staff, including committee reports and reports by Committee Members related to meetings attended at City expense (AB1234). 8. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility. Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion. June 10, 2026 Dublin Youth Advisory Committee Agenda 3 3 Agenda Item 2.1 STAFF REPORT YOUTH ADVISORY COMMITTEE Page 1 of 2 DATE: June 10, 2026 TO: Committee Members FROM: Jackie Dwyer, Parks & Community Services Director SUBJECT: Rosenberg’s Rules of Order and Brown Act Training Prepared by: Shalini Reddy, Recreation Coordinator EXECUTIVE SUMMARY: The Youth Advisory Committee will receive a presentation from Marsha Moore, City Clerk, regarding Rosenberg’s Rules of Order and the Brown Act. STAFF RECOMMENDATION: Receive the presentation. FINANCIAL IMPACT: None. DESCRIPTION: This Rosenberg’s Rules of Order and Brown Act training is intended to prepare Committee members to effectively participate in public meetings, understand meeting procedures, and conduct Committee business in a transparent and professional manner. Rosenberg’s Rules of Order Rosenberg’s Rules of Order are guidelines for conduct at public meetings that allow everyone to be heard and help decisions be made in an orderly manner. These procedures assist advisory bodies with running efficient and organized meetings. Brown Act The Brown Act applies to legislative bodies in California. The intent of the Brown Act is to ensure that meetings, deliberations, and actions of these bodies are conducted openly and accessible to the public. This training will help Committee members better understand their 4 Page 2 of 2 role and responsibilities as members of a public advisory body. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Committee Agenda was posted. ATTACHMENTS: 1) Rosenberg’s Rules of Order 2) A Guide to the Ralph M. Brown Act 5 Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg Attachment 1 6 ii MISSION and CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California’s cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities. The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. © 2011 League of California Cities. All rights reserved. About the Author Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. Attachment 1 7 1 Table of Contents About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 To Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 Attachment 1 8 2 Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg’s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Attachment 1 9 3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.” Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ” A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.” The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.” 2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Attachment 1 10 4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” “Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs. A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows: Attachment 1 11 5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it. When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Attachment 1 12 6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Attachment 1 13 7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Attachment 1 14 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. Printed on recycled paper. Attachment 1 15 Brown Act Compliance Manual A GUIDE TO UNDERSTANDING CALIFORNIA’S OPEN MEETING LAWS for Special Districts (Revised January 2026) Scan for Digital Version Attachment 2 16 California Special Districts Association © 2025 2 Introduction The Ralph M. Brown Act (“Brown Act”)1 was enacted in 1953 in response to a series of articles in the San Francisco Chronicle detailing the way local agencies at the time conducted secret meetings or caucuses even though state law had long required that local agencies conduct business publicly. The purpose behind the Brown Act, as originally adopted and as it remains today, is to ensure that actions of local public agencies — including their deliberations, are taken in open and public meetings, with posted agendas, and where all persons are permitted to attend and participate. This manual provides special districts2 with guidelines and tips for complying with the various meeting agenda, notice, public participation, and public reporting requirements of the Brown Act. Districts are permitted to and should consider adopting local policies that exceed the minimum requirements of the Brown Act in terms of providing greater public access and openness to district business. “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.” ³ Printing made possible by the California Special Districts Alliance, a partnership between the California Special Districts Association (CSDA), the CSDA Finance Corporation (CSDAFC), and the Special District Risk Management Authority (SDRMA). Attachment 2 17 Brown Act Compliance Manual 3Printed on recycled paper. Table of Contents I. Overview of the Brown Act ..............................................................................................................4 Purpose and Basic Rule .........................................................................................................................5 II. District Legislative Bodies and Other Groups Covered and Not Covered ..................................6 What bodies are considered a “legislative body” subject to the Brown Act? .......................................6 What district bodies or groups are not considered a “legislative body” subject to the Brown Act? .....7 III. Meetings Covered and Exempted .................................................................................................8 Definition of Meeting .............................................................................................................................8 Prohibition Against Serial Meetings .......................................................................................................8 Teleconferencing Meetings ...................................................................................................................9 What is not a meeting? .......................................................................................................................13 Quorum Exceptions .............................................................................................................................14 IV. Categories of Meetings, and Applicable Notice, Location, Agenda and Procedural Requirements .................................................................................................................15 Categories of meetings subject to the Brown Act ..............................................................................15 Permitted Locations for Meetings ......................................................................................................15 Agenda Requirements .........................................................................................................................16 General Rules ..................................................................................................................................16 Non-Agenda Items ..........................................................................................................................17 Statutory exceptions to action on non-agenda items ......................................................................17 Special agenda disclosure for concurrent meetings ........................................................................17 Meetings of an “Eligible Legislative Body” .........................................................................................18 Two-Way Audiovisual or Telephonic Access .....................................................................................19 Meeting Translation ..........................................................................................................................21 Agenda Translation ..........................................................................................................................21 V. Rights of the Public at Meetings ..................................................................................................23 Public Attendance ................................................................................................................................23 Public Accommodation (Americans With Disabilities Act) ...................................................................23 Public Access to Meeting Records ....................................................................................................24 Public Participation ...............................................................................................................................24 Public Conduct .....................................................................................................................................25 VI. Closed Sessions ...........................................................................................................................26 Matters appropriate for closed session and applicable agenda description ........................................26 Procedure for Adjourning to Closed Session .......................................................................................30 Who may be present at the closed session? ......................................................................................30 Reporting After Closed Sessions .........................................................................................................30 Improper Disclosure of Closed Session Information ...........................................................................31 VII. Adjournments and Continuances ..............................................................................................31 Adjournments ......................................................................................................................................31 Continuances .......................................................................................................................................31 VIII. Remedies and Penalties for Violations .....................................................................................32 Criminal Penalties ................................................................................................................................32 Civil Action to Prevent Future Violations ..............................................................................................32 Opportunity for the legislative body to cure and correct alleged violations .........................................32 Opportunity for the legislative body to commit to cease & desist alleged past actions or practices ..........................................................................................................................................33 Invalidation of Certain Types of Actions ...............................................................................................34 Award of Costs and Attorney Fees ......................................................................................................34 Acknowledgment and Endnotes ......................................................................................................36 Appendix – Copy of Ralph M. Brown Act ........................................................................................40 Attachment 2 18 California Special Districts Association © 2025 4 Note: A local agency must provide a copy of this chapter to any person elected or appointed to serve as a member of a legislative body of the local agency. I. Overview of the Brown Act The purpose behind the Brown Act is to ensure that actions of local public agencies – including their deliberations - are taken in open and public meetings, with posted agendas, and where all persons are permitted to attend and participate. Courts construe the Brown Act liberally, in favor of openness and narrowly construe its limited exemptions. The Brown Act and incorporated provisions of the Americans with Disabilities Act not only guarantee the public’s right to attend and participate in open and public meetings but ensure that the meetings will actually be accessible to all members of the public. Violations of the Brown Act can result in the action taken being invalidated and the award of attorney’s fees and costs if there is a successful legal action against a public agency. Certain intentional violations can result in criminal prosecution. And regardless of the nature of the violation, the mere fact that the public perceives that an agency is improperly conducting business behind closed doors can indelibly damage the public’s trust in local government. This manual provides special districts with guidelines and tips for complying with the various meeting agenda, notice, public participation, and public reporting requirements of the Brown Act. The manual also includes guidance on how members of a legislative body may engage with the public on social media platforms and details on how to permit remote participation in a Brown Act compliant teleconference meeting. This manual provides special districts with guidelines and tips for complying with the various meeting agenda, notice, public participation, and public reporting requirements of the Brown Act. Scan/Click for Live Web Page Attachment 2 19 Brown Act Compliance Manual 5 This manual is not intended to provide legal advice on any specific issue. This manual is not intended to provide legal advice on any specific issue. Because the statutory and case law summarized in this manual is subject to change, district staff and officials should always seek the advice of agency legal counsel as to the application of the Brown Act in a particular situation and to ascertain whether there have been recent changes to the Brown Act or its interpretation by the courts. Purpose and Basic Rule The purpose of the Brown Act is elegantly stated in the opening declaration: “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business.” It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.3 The Brown Act’s basic and unchanged rule provides: “All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body.”4 As summarized by one court: “It is clearly the policy of this state that the proceedings of public agencies, and the conduct of the people’s business, [must] take place at open meetings, and that the deliberative process by which decisions related to the public’s business are made [must] be conducted in full view of the public.” Thus, except for certain closed session items, all aspects of the decision-making process by legislative bodies—including the acquisition of information, discussion and debate— must be conducted in public. Attachment 2 20 California Special Districts Association © 2025 6 II. District Legislative Bodies and Other Groups Covered and Not Covered The Brown Act only applies to a district “legislative body” as defined in Section 54952. Therefore, understanding the scope of that term is the critical first step in determining whether the Brown Act applies to a particular district body or group. What bodies are considered a “legislative body” subject to the Brown Act? 1. The Governing Body of a district (i.e., the board of directors) is considered a “legislative body” subject to the Brown Act.6 2. Standing committees of a legislative body, regardless of their composition (i.e., including less than a quorum of the legislative body), that have either (a) continuing subject matter jurisdiction or (b) a meeting schedule fixed by formal action of a legislative body are subject to the Brown Act.8 3. Appointed bodies, whether permanent or temporary, decision-making or advisory, created by a formal act of the governing body are subject to the Brown Act.9 The “formal act” required to create a Brown Act legislative body includes any official action and is not necessarily limited to formation by a formal vote or adoption of a resolution.10 4. Joint Powers Authority legislative bodies of a legally separate entity established by districts under the Joint Exercise of Powers Act must comply with the Brown Act.11 5. Private organizations and other separate entities. The board or other governing body of a private organization, such as a nonprofit corporation, is subject to the Brown Act, if: (a) a district legislative body created or was involved in bringing the organization into existence to exercise lawfully delegated authority, or (b) if both of the following requirements are met: (i) the organization receives funds from the Note: The Brown Act also applies to persons elected to serve on a legislative body covered by the Brown Act but who have not yet assumed the duties of office.7 Attachment 2 21 district and (ii) a member has been appointed as a full voting member of such board by the district’s legislative body.12, 13 What district bodies or groups are not considered a “legislative body” subject to the Brown Act? 1. A temporary advisory committee (often referred to as an ad hoc committee) composed solely of less than a quorum of the legislative body that is created for a single or limited purpose (e.g., a recruitment committee for a vacant position or a committee to investigate a particular incident or issue) that will dissolve once its task is completed is not subject to the Brown Act. 2. Groups advisory to a single member of a legislative body created by the informal action of the particular member to advise the member are not covered by the Brown Act.14 3. A group appointed by district staff (e.g., a committee to assist with a district social or community event) is not subject to the Brown Act. Compliance Tip Forming a true ad hoc advisory committee that is composed solely of less than a quorum of the legislative body and that is not subject to the Brown Act requires careful consideration of these restrictions. Brown Act Compliance Manual Attachment 2 22 California Special Districts Association © 2025 8 III. Meetings Covered and Exempted Compliance Tip The use of e-mail can easily result in a serial meeting along with a paper trail establishing a potential violation of the Brown Act.18 District legislative body members must be extremely careful with the use of e-mail, except to pass along general information. For example, members should refrain in e-mails from stating or taking a position on matters that may come before the district. Members should also refrain from giving instructions or directions to staff members unless they have clear authority to do so. One never knows where, or in how many inboxes an e-mail may end up. This tip is equally applicable to members posting comments on social media and other technological platforms. Prohibition Against Serial Meetings Outside of a properly noticed and conducted Brown Act meeting, a majority of the members of a legislative body may not use a series of communication of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item that is within the body’s subject matter jurisdiction.17 This type of prohibited “serial meeting” can occur in two ways: 1. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on, until a quorum of the legislative body has been involved. 2. Hub-and-spoke: An intermediary, such as the general manager, contacts at least a quorum of the members of the legislative body to develop a collective concurrence (or communicate each member’s respective positions) on an action to be taken by the legislative body. The Brown Act only applies to “meetings” of district legislative bodies. Thus, it is critical to understand what meetings are covered and what gatherings are not considered a meeting. Definition of Meeting The Brown Act defines a “meeting” as any congregation of a majority of the members of a legislative body at the same time and location, including a teleconference location, to hear, discuss, deliberate, or take action on any item that is within the legislative body’s subject matter jurisdiction.15 As defined, the term “meeting” is not limited to gatherings at which action is taken but applies equally to situations where a quorum of the legislative body merely hears, discusses, or deliberates on district business. These terms have their ordinary meaning, but there is a specific definition for “action taken,” which includes: 1. a collective decision by a majority of the members of a legislative body; 2. a collective commitment, or promise by a majority of the members to make a positive or negative decision; or 3. an actual vote by a majority of the members of the legislative body sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance.16 Attachment 2 23 Brown Act Compliance Manual 9 Teleconferencing Meetings Standard Teleconferencing Meetings may be conducted by teleconferencing (i.e., any electronic audio or video connection) under the following conditions:19 1. agendas are posted at teleconferencing locations specifying all teleconference locations; 2. public access is provided at each teleconference location; 3. public opportunity to speak is provided at each teleconference location; and 4. all votes are taken by roll call. At least a quorum of the members of the legislative body must participate in the teleconference within the boundaries of the district. Alternative Teleconferencing A legislative body of a local agency may utilize teleconferencing without complying with the aforementioned requirements for ‘standard teleconferencing’ in any of the circumstances described in Government Code sections 54953.8.1 to 54953.8.7. However, the local agency must comply with each of the following mandatory procedures: 1. The legislative body must provide either a 1) two- way audiovisual platform or 2) a two-way telephonic service and live webcasting of the meeting. 2. Each agenda and notice for the meeting must include information for all persons to attend via a call-in option or an internet-based service option. 3. In the event of a disruption that prevents broadcasting the meeting or the receipt of public comments, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting is restored. (Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.) 4. The public must have an opportunity to address the legislative body and offer comments in real time. In addition, the public cannot be required to submit comments in advance of the meeting. 5. The minutes of the meeting must identify any member of the legislative body who participated from a remote location as well as the specific provision of law that permitted their remote participation. Every member participating from a remote location shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with those individuals. 6. The legislative body must adopt and implement a procedure for resolving requests for reasonable accommodation consistent with the federal Americans with Disabilities Act. 7. A local agency must identify a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings. Compliance Tip Districts should consider adopting a policy on the use of teleconferencing that addresses the circumstances under which it may be appropriate to use this technology, how much advance notice must be given, and the procedures the agency must follow. III. Meetings Covered and Exempted (continued)Attachment 2 24 California Special Districts Association © 2025 10 Alternative Teleconferencing - Categories In addition to the circumstances described below in further detail, alternative teleconferencing is permitted for use by the following, with each category having its own requirements for compliance: • A health authority.128 • An eligible neighborhood council.129 • An eligible community college student organization.130 • An eligible multijurisdictional body.131 °“Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. “Multijurisdictional” means either of the following: (A) A legislative body that includes representatives from more than one county, city, city and county, or special district, or (B) A legislative body of a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. Emergency Teleconferencing In response to the need for greater flexibility in teleconferencing meetings in the wake of the COVID-19 pandemic, the Brown Act was amended to allow legislative bodies to meet remotely during proclaimed emergencies under modified teleconferencing procedures that do not require compliance with the “standard” procedures noted above, provided that the special emergency procedures are followed.22 Summary of circumstances and process authorizing emergency teleconferencing procedures: 1. An emergency situation arises that poses an imminent risk to public health and safety. 2. A local emergency or state of emergency is declared. 3. A district wishes to meet remotely via teleconferencing as a result of the emergency. The meeting agenda includes an item for consideration of a resolution to authorize the use of teleconferencing for meetings consistent with Section 54953.8.2. 4. A resolution is passed by majority vote determining that meeting in person would present imminent risks to the health or safety of attendees. The resolution is valid for up to 45 days. III. Meetings Covered and Exempted (continued) Compliance Tip A legislative body seeking to use alternative teleconferencing pursuant to one of these bulleted options should refer to the statute authorizing the respective provision in order to understand the specific requirements for that type of alternative teleconferencing, which may vary depending on the category of alternative teleconferencing used. See the Appendix for a full copy of the Brown Act and more information on the aforementioned alternative teleconferencing categories. Attachment 2 25 Brown Act Compliance Manual 11 5. If the state of emergency remains, the district must renew its emergency teleconferencing resolution at least every 45 days, which includes findings that the legislative body has both (1) reconsidered the circumstances of the state of emergency, and (2) the state of emergency continues to directly impact the ability of the members to meet safely in person. Teleconferencing for “Just Cause” Circumstances Expanded teleconferencing procedures were added to the Brown Act in recent years to permit a member of a legislative body to attend a meeting by teleconferencing via a two-way audiovisual platform or “webcast” on a limited basis.121 The member may only request to participate from a remote location under these guidelines if one of the following circumstances applies: 1. The member must participate remotely for “just cause,” defined as: a. A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. b. A contagious illness that prevents a member from attending in person. c. A need related to a physical or mental disability, as defined. d. Travel while on official business of the legislative body or another state or local agency. e. An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. f. A physical or family medical emergency that prevents a member from attending in person. g. Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency. 2. In order for a member of the legislative body to participate remotely under these provisions, they must comply with the alternative teleconferencing provisions discussed previously, including: a. At least a quorum of the members of the Legislative Body participate in-person from a single physical location accessible to the public, which is within the boundaries of the agency and clearly identified in the posted agenda. b. The public is permitted to attend the meeting either by teleconference or videoconference in a manner such that the public can remotely attend and offer real-time comment during the meeting. c. Notice of the means by which the public can remotely attend the meeting via teleconference or videoconference and offer comment during the meeting is included within the posted agenda. III. Meetings Covered and Exempted (continued) Compliance Tip The emergency teleconferencing procedures can only be used in the event that a gubernatorial state of emergency (1) has been issued AND (2) remains active, or a local emergency is declared with extreme peril to persons or property in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency refers only to local emergencies in the boundaries of the territory over which the local agency exercises jurisdiction. Attachment 2 26 California Special Districts Association © 2025 12 d. The member has done the following: i. For a “just cause” circumstance, notify the legislative body at the earliest opportunity, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstance relating to their need to appear remotely at the given meeting. ii. The member shall participate through both audio and visual technology. e. The member shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the nature of the member’s relationship with such individuals. A member of a legislative body may not participate in meetings of the legislative body solely by teleconference from a remote location under these provisions for more than the following number of meetings, as applicable: 1. Two meetings per year, if the legislative body regularly meets once per month or less. 2. Five meetings per year, if the legislative body regularly meets twice per month. 3. Seven meetings per year, if the legislative body regularly meets three or more times per month. Any meetings that begin on the same calendar day shall be considered a single occurrence for the purpose of counting meetings. Teleconferencing under the Americans with Disabilities Act (ADA) The Brown Act requires an agency’s legislative body to allow remote participation in a meeting as a reasonable accommodation for a member with a qualifying disability that precludes in-person attendance at meetings of the legislative body by the member.124 The member’s remote participation must be conducted in a manner that simulates in-person attendance at meetings held in person at a location open to the public. To do this, a member that participates remotely in a meeting as an accommodation under ADA must do the following: 1. Use two-way video and audio streaming in real time, except that any member may use audio only if a physical condition related to their disability results in a need to participate off camera. 2. Disclose the identity of any adults who are present with the member at the remote location, and the general nature of the member’s relationship with any of the individuals. Local agencies should consult with counsel when receiving a request for accommodation under ADA to participate in a meeting remotely. Teleconferencing by an Eligible Subsidiary Body An eligible subsidiary body may conduct a teleconference meeting by complying with the alternative teleconferencing requirements, and: 1. Designating one physical meeting location within the boundaries of the legislative body that created the eligible subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the eligible subsidiary body or the legislative body that created the eligible subsidiary body shall be present at the physical meeting location during the meeting. The eligible subsidiary body shall post the agenda at the physical meeting location but need not post the agenda at a remote location. 2. A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, except if the member has a physical or mental condition that results in a need to participate off camera. 3. The visual appearance of a member of the eligible subsidiary body on camera may cease only when III. Meetings Covered and Exempted (continued)Attachment 2 27 Brown Act Compliance Manual 13 the appearance would be technologically infeasible, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video. 4. If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance prior to turning off their camera. 5. An elected official serving as a member of an eligible subsidiary body in their official capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to this section unless the use of teleconferencing complies with the requirements of paragraph (3) of subdivision (b) of Section 54953. 6. Before an eligible subsidiary body uses teleconferencing for the first time, the legislative body that established the eligible subsidiary body must adopt certain findings by a majority vote, and every six months thereafter.127 “Eligible subsidiary body” means a legislative body that meets all of the following: 1. Is described in subdivision (b) of Section 54952. 2. Serves exclusively in an advisory capacity. 3. Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds. 4. Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related proposals. III. Meetings Covered and Exempted (continued) What is not a meeting? The Brown Act lists seven circumstances that are not considered a regulated “meeting.” 1. Individual Contacts. Individual district legislative body members may engage in separate conversations or communications with staff, the public, and even another member of a legislative body, provided that the official or the person they contact “does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”26 In other words, the Brown Act does not restrain a member of a legislative body’s individual actions, but such contacts cannot lead to the type of prohibited serial meeting described above. Recent Brown Act amendments clarified that a member of a legislative body may engage in conversations of communications on an internet-based social media platform (e.g., Facebook or Twitter) to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. In addition, a member of the legislative body may not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.27 Attachment 2 28 California Special Districts Association © 2025 14 Quorum Exceptions Attendance by a quorum of members of a legislative body is permitted in the following circumstances, provided that a majority of the members do not discuss district business amongst themselves (other than as part of the scheduled meeting, occasion or program):23 2. Standing Committee Meetings. Members may attend an open and noticed meeting of a standing committee of the legislative body (provided that the members of the body who are not members of the committee attend only as observers). 3. Meetings of a different body of the local agency that are open and publicized. III. Meetings Covered and Exempted (continued) Practice Tip: Public officials do not have to stop engaging with the public because of the Brown Act. But they should take some simple precautions to avoid unintentional violations of the law. This includes warning members of the public when engaging with them outside of a Brown Act open meeting that you cannot discuss the views of other officials and stopping any such discussion by a member of the public as soon as possible. 4. Meetings of a legislative body of another local agency that are open and publicized (e.g., county board of supervisors, city council, or the board of directors of another district). 5. Community meetings organized to address topics of local community concern by a person or organization other than the district, provided the meeting is open and publicized. However, agencies should be mindful that the Attorney General has opined that a “State of the City” or “State of [Special District]” event is a meeting for the purposes of the Brown Act.123 6. Conferences or similar gatherings that are open to the public and are for purposes of discussing issues of general interest to the public or to public agencies such as the district. 7. Social or ceremonial events such as parties, weddings, funerals, retirement celebrations or charitable fundraisers. Compliance Tip “Liking” or “upvoting” (or other similar actions) can be construed as a legislative body discussion. The Brown Act defines “discuss among themselves” as: “communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.” 28 Note: The Brown Act does not define what “publicized” means for the purposes of the community meeting exemption, but notice in a newspaper, a mass mailing, physical posting in multiple locations around a community, or posting internet websites should be sufficient to satisfy the Brown Act’s openness requirements. Attachment 2 29 Brown Act Compliance Manual 15 IV. Categories of Meetings, and Applicable Notice, Location, Agenda and Procedural Requirements Categories of meetings subject to the Brown Act 1. Regular meetings are meetings held at the dates, times and location set by ordinance, resolution, bylaws or other formal action of a legislative body.30 2. Special meetings are meetings called by the presiding officer or a majority of the legislative body and may be held at any time subject to a 24-hour notice requirement. Such written notice must be delivered to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation, and to each radio and television station that has requested such notice in writing. Only the business set forth in the notice may be considered at the meeting.25 3. Adjourned meetings are regular or special meetings that have been adjourned to a time and place specified in the order of adjournment.32 4. Emergency meetings are meetings that may occur where the legislative body determines there is an emergency situation that severely impairs public health or safety or there is an existing or threatened situation that poses immediate and significant peril. The special meeting provisions apply to emergency meetings, except the 24-hour notice is not required. News media must be notified by telephone at least one hour in advance of an emergency meeting (except for “dire” emergencies), and all telephone numbers provided must be tried. If telephones are not working, the notice requirements are deemed waived, but the news media must be notified as soon as possible of the meeting and any action taken. Closed sessions are permitted during an emergency meeting under Section 54957 if agreed to by 2/3 vote of the members present (or all of the members if less than 2/3 present). The minutes of the meeting, a list of the persons notified or attempted to be notified, a copy of any roll call vote, and any action taken at the meeting must be posted in a public place for a minimum of ten days as soon after the emergency meeting as possible.33 Permitted Locations for Meetings 1. Regular and special meetings must be held within the boundaries of the agency’s jurisdiction except when: a. meeting by remote teleconferencing during a proclaimed state of emergency;34 b. complying with federal or state law or court order; c. inspecting real property or personal property that cannot be conveniently brought to the agency; d. participating in multi-agency meetings (provided the meeting takes place in a member agency’s jurisdiction and is properly noticed); e. meeting in the closest meeting facility if the district has no meeting facility within its boundaries; f. meeting with elected or appointed federal or state officials when a local meeting would be impractical (solely to discuss local issues over which such officials have jurisdiction); g. meeting in or nearby a facility owned by the agency (provided the meeting is limited to items directly related to the facility); and h. visiting the office of its legal counsel for a closed session on pending litigation when to do so would reduce legal costs.35 Note: Retreats and workshops for agencies other than statewide JPAs must be held within the territory of the agency. Attachment 2 30 California Special Districts Association © 2025 16 2. Joint powers agencies may meet within the territory of any member, or if members are located throughout the state, then they can meet anywhere in the state, provided such facility is open to all members of the public.36 3. Emergency meetings are subject to the same locational rules as regular and special meetings except that the presiding officer may move them to another location if it is unsafe to meet in the regular designated meeting location, or, if the meeting is being conducted during a proclaimed state of emergency by remote teleconferencing pursuant to the provisions of Section 54953.8.2.37 Agenda Requirements General Rules • A written agenda must be prepared for each regular or adjourned regular meeting of the legislative body. • The agenda must be posted at least 72 hours in advance of the regular meeting to which it relates. • Each item of business to be transacted or discussed, including items to be discussed in closed session, must be the subject of a brief general description, which generally need not exceed 20 words.36 • If the agency has an internet website, agendas must be posted at least 72 hours before a regular meeting and at least 24 hours before a special meeting on the agency’s website. The special meeting Internet posting requirement only applies to an agenda of either (a) the governing body, or (b) the participating members are compensated, and one or more members attending are also members of the governing body.39 IV. Meeting Categories & Requirements (continued) Compliance Tip Drafting an agenda description that is brief but discloses enough information for the public to understand a proposed action is not an easy task. Including information such as the location of a project, the purpose of a project (as opposed to just an agency or applicant given name), the parties involved, and the costs associated with the action will help deflect claims of lack of proper notice. Note: Agendas at physical locations must be posted in areas that are freely accessible to the public at all times. Posting on a bulletin board inside the district’s office that is locked after business hours is not in compliance. With limited exceptions, independent special districts must establish and maintain an Internet website that must have contact information for the district listed in addition to the agenda and any meeting materials. The internet website posting requirement may be excused if there are technical difficulties, provided that the district continues to comply with all other notice requirements. Internet website posting requires the agenda to be posted as a direct link on homepage of the agency’s website and in an open format that permits the public to retrieve, download, index, and search for the agenda through the internet, in a manner that is “platform independent and machine readable”.42 Attachment 2 31 Brown Act Compliance Manual 17 Non-Agenda Items Action or discussion on any item not appearing on the posted agenda is generally prohibited except that members of the legislative body may:43 • briefly respond to statements made or questions posed by the public; • ask a question for clarification; • make a brief announcement; • make a brief report on activities; • provide a reference to staff or other sources for factual information; • request staff to report back to the legislative body at a subsequent meeting; or • direct staff to place a matter of business on a future agenda.44 Statutory exceptions to action on non-agenda items A legislative body may take action on items of business not appearing on the agenda under the following conditions: • Emergency: When a majority decides that an emergency situation exists (i.e., work stoppage, crippling disaster, etc.). • Subsequent need urgency item: When 2/3 present (or all members if less than 2/3 are present) determine there is a need to take immediate action and that the need for action came to the attention of the district subsequent to the agenda being posted. • Hold over item: When the item appeared on the agenda of, and was continued from, a regular meeting held not more than five days earlier.45 Special agenda disclosure for concurrent meetings A legislative body that convenes a meeting and whose membership constitutes a quorum of another legislative body may convene a meeting of the other legislative body, either simultaneously or in serial order, only if a clerk or member of the body verbally announces, prior to convening any simultaneous or serial meeting, the amount of “compensation” or “stipend” that each member will receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body. No agenda announcement is required if: 1. The amount of compensation is prescribed by statute; and 2. No additional compensation for the simultaneous or subsequent meeting has been authorized by the district. The terms “compensation” and “stipend” do not include reimbursement for actual and necessary expenses incurred by a member in the performance of official duties, including travel, meals, and lodging.46 IV. Meeting Categories & Requirements (continued)Attachment 2 32 California Special Districts Association © 2025 18 Meetings of an “Eligible Legislative Body” Beginning July 1, 2026, all meetings of an “eligible legislative body” are subject to enhanced mandates under the Brown Act to provide increased public access as well as possible translation of agendas and meetings into additional languages.132 These additional requirements only apply to an “eligible legislative body” and not to a “legislative body” as traditionally defined in the Brown Act. For a special district, eligible legislative body means: IV. Meeting Categories & Requirements (continued) Compliance Tip The agenda must designate the address where documents may be inspected by the public.52 Documents and other writings related to a meeting must be made available to the public at the time of distribution to a majority of the legislative body meeting if prepared by the district or a member of a legislative body, or after the meeting if prepared by some other person.62 If a district is distributing agenda-related materials to the majority of a legislative body less than 72 hours before a meeting, it must ensure immediate public access to those materials in one of two ways: 1) by making the material immediately available for public inspection at a public office or location designated for that purpose and listing the address of the designated place on all agendas, or 2) by making an initial report (i.e., a document containing a summary and staff recommendation) of the material available for public inspection at a designated location at least 72 hours before the meeting, posting the material on the local agency’s internet website in a position and manner that makes it clear that the material relates to an agenda item for an upcoming meeting, listing the web address where the material can be found on all agendas, and making physical copies available for public inspection beginning the next regular business hours for the agency, though this last requirement can only be fulfilled if the next regular business hours of the local agency commence at least 24 hours before that meeting; otherwise the legislative body cannot fulfill all of the requirements of these provisions and may be forced to delay the agenda item the materials relate to.119 If requested in writing in advance, a member of the public may be mailed copies of the agenda or agenda packet at the time it is distributed to a majority of the legislative body. Such a request is valid for the calendar year filed. A public agency may establish a mailing fee not to exceed the cost of providing this service.63,64 Any audio or video tape record of a public meeting made by or at the direction of the district is subject to inspection under the Public Records Act and such inspection must be provided without charge on equipment made available by the district. If copies of the audio or video tape are desired, the agency may impose its ordinary charge for copies. Audio and video tapes may, however, be erased or destroyed 30 days after the taping or recording.65 1. The board of directors of a special district that has an internet website and meets any one of the following conditions – a. The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full- time equivalent employees; or b. The special district has over 1,000 full-time equivalent employees; or c. The special district has annual revenues, based on the most recent Financial Transaction Report data Attachment 2 33 Brown Act Compliance Manual published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-time equivalent employees. 2. An eligible legislative body also includes a city council of a city with a population of 30,000 or more; a county board of supervisors of a county, or city and county, with a population of 30,000 or more; and a city council of a city located in a county with a population of 600,000 or more. Two-Way Audiovisual or Telephonic Access Every meeting of an eligible legislative body must include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. IV. Meeting Categories & Requirements (continued) Note: If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting. Attachment 2 34 California Special Districts Association © 2025 When an eligible legislative body elects to provide two-way audiovisual access (rather than telephonic access), the eligible legislative body shall publicly post and provide a call-in option and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual platform. The public must be provided with an opportunity to provide comments as they would with any other open and public meeting, with the same time allotment as a person attending in person. Compliance Tip By July 1, 2026, an eligible legislative body must adopt a policy in open session related to disruption of service during meetings that includes procedures for recessing and reconvening a meeting in the event of disruption and describes the efforts that the eligible legislative body shall make to attempt to restore the service. If a disruption of service that prevents members of the public from attending or observing the meeting occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until service is restored, whichever is earlier. If service is not restored upon reconvening the session, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the service have been made in accordance with the policy by the agency, and that the public interest in continuing the meeting outweighs the public interest in remote public access. IV. Meeting Categories & Requirements (continued) Attachment 2 35 Brown Act Compliance Manual 21 Meeting Translation Although an eligible legislative body is not required to provide interpretation of any meeting, it may elect to provide interpretation, and must reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting as defined in Section 54957.95. Examples of assistance may include allowing extra time or allowing participants to use personal equipment to assist them. An eligible legislative body must also take affirmative actions to encourage underrepresented and non-English speaking communities to participate in meetings, including: having in place a system for electronically accepting and fulfilling requests for meeting agendas and documents pursuant to Section 54954.1 through email or through an integrated agenda management platform; maintaining an accessible internet webpage translated in all “applicable languages” (discussed below) dedicated to public meetings; making reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings. Agenda Translation The agenda for each meeting of an eligible legislative body must be translated into all “applicable languages,” with each translated agenda posted in accordance with agenda posting requirements. This applies only to the agenda, and not the entire agenda packet. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment. “Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.” “Applicable population” is determined as follows: 1. For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district: Compliance Tip Every eligible legislative body should have a webpage dedicated to public meetings that includes: a general explanation of the public meeting process, an explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment, a calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting, the most recent agenda, and a link from the homepage of the agency to the required webpage. IV. Meeting Categories & Requirements (continued)Attachment 2 36 California Special Districts Association © 2025 a. The population of the county with the greatest population within the boundaries of the special district. b. The population of the service area of the special district, if the special district has the data to determine what languages are spoken by the population within its service area. 2. For an eligible legislative body that is a city council or county board of supervisors, the applicable population shall be the population of the city or county. If more than three languages meet the criteria set forth for “applicable languages,” the agency shall translate for the three languages that are spoken by the largest percentage of the population. Translation may be done using a digital translation service, and the eligible legislative body must also accept additional translations of the agenda from the public to post in physical locations where agendas are posted. IV. Meeting Categories & Requirements (continued) Attachment 2 37 Brown Act Compliance Manual 23 V. Rights of the Public at Meetings PC: Ability Ministry on Disability Is Beautiful (disabilityisbeautiful.com) Public Attendance The Brown Act’s mandate that all persons must be “permitted to attend any meeting of a legislative body”47 is implemented in a variety of ways: • Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise fulfill any condition precedent to attending. If an attendance list, register, questionnaire or similar document is circulated to persons present during the meeting, it must state that the signing, registering or completion of the document is voluntary.48 • No meeting or any other function can be held in a facility that prohibits attendance based on race, religious creed, color, national origin, ancestry, or sex, or which is inaccessible to the disabled.49 • No meeting may be held where the public must pay or make a purchase to attend (this includes remote locations where teleconferencing is used).50 • And if teleconferencing is used, members of the public must be given notice of the teleconference location and be able to address the legislative body from such location.51 Public Accommodation (Americans With Disabilities Act) All open meetings under the Brown Act must also comply with Section 202 of the Americans with Disabilities Act (“ADA”) and its implementing rules and regulations. The ADA prohibits a governmental entity from discriminating against individuals with disabilities in the programs, services, and activities it offers. Programs and activities are required to be readily accessible to and usable by disabled individuals.54 Therefore, public entities must make accommodations for disabled individuals to participate in the meetings unless doing so would be an undue burden or cause a fundamental alteration in the program or activity. 55 This is accomplished in the following two ways: 1. Physical facilities: In addition to the meeting room being accessible, the telephones and bathrooms must also be made accessible if phones and bathrooms are provided for non-disabled individuals.56 Meeting rooms must also have wheelchair seating and assistive listening systems.57 2. Agenda and written materials: Agendas must include information regarding how, to whom and when a request for disability-related modification or accommodation may be made in order for a person with a disability to participate in the meeting. When requested by a person with a disability, the agenda and documents in the agenda packet must be made available in “appropriate alternative formats,” and writings distributed at a public meeting must also be made available in “appropriate alternative formats,” even when the materials are handed out by members of the public.58 Attachment 2 38 Public Access to Meeting Records The public has the right to review agendas and documents and other writings distributed to a majority of the legislative body (except for privileged documents). A fee or deposit may be charged for a copy of these public records.59 See Compliance Tip on Page 18 for more information. Public Participation A regular meeting agenda must allow an opportunity for members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body.66 The public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.67 However, an agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting where members of the public were given the opportunity to address the committee on the item, before or during the committee’s consideration of the item. This shall not apply in some circumstances, such as when the item has been substantially changed since the committee heard the item, or if the committee members did not participate from a singular location when considering the item. Every notice for a *special* meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.125 V. Rights of the Public at Meetings (continued) Compliance Tip With the advent of digital files, most agencies maintain copies of meeting recordings on their website, either permanently or for an extended period of time, to ensure continued public access and as an aid for reminding officials and staff precisely what transpired in such meetings. California Special Districts Association © 2025 Attachment 2 39 Brown Act Compliance Manual 25 Public Conduct Disturbances. The legislative body may remove any person from a meeting who willfully interrupts the proceedings. Removal is only justified, however, when an audience member actually disrupts the meeting.71 If order still cannot be restored, the meeting room may be cleared.72 Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may also re-admit individuals not responsible for the disturbance.73 The authority of a legislative body to remove a person who disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting shall apply to members of the public participating in a meeting via two-way telephonic service or two-way audiovisual platform.126 Removal of disruptive individuals. The presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting if, prior to removing the individual, the presiding member or their designee warns the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: 1. A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. 2. Engaging in behavior that constitutes use of force or a true threat of force. No warning is required if the individual is engaging in behavior that constitutes use of force or a true threat of force. “True threat of force” is defined to mean a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.120 Non-disruptive criticism. The legislative body cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself.74 Expressions of opposition to actions of the district (provided they are not overly disruptive) constitute protected speech.75 Compliance Tip If a closed session is held before the start of the regular open session agenda, the public must be provided an opportunity to address the legislative body on any closed session item before the legislative body adjourns to closed session. The legislative body may adopt reasonable regulations, including time limits, on public comments (e.g., 3-5 minutes/speaker).68 However, when a legislative body limits time for public comment, the legislative body must provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body.69 The public is allowed to use audio or video tape recorders or still or motion picture cameras at an open meeting, absent a reasonable finding by the legislative body that such recording, if continued, would persistently disrupt the proceedings due to noise, illumination, or obstruction of view. 70 V. Rights of the Public at Meetings (continued)Attachment 2 40 California Special Districts Association © 2025 26 VI. Closed Sessions Compliance Tip Interviews for appointments to district legislative or advisory bodies must be conducted in open session. While candidates for such positions cannot be compelled to stay outside the room where the interview is held while other candidates are being interviewed, most will comply with a request to do so. Note: The public employment exception only applies to “public employees.” This includes independent contractors that function as an officer or employee such as a contract general counsel or human resources officer. Discussions or action taken on persons other than employees (e.g., elected officials, appointed members of a committee, and independent contractors that do not function as an officer or employee) must be taken in open session unless there is another applicable exception such as potential litigation.70 The Brown Act recognizes that not all local agency business should be conducted in the open and provides limited exceptions termed “closed sessions” for sensitive matters such as litigation, security threats and certain personnel matters. If a matter is not listed in the Brown Act as an appropriate subject for a closed session, the matter must be discussed in public even if the subject is sensitive, embarrassing or controversial. In addition to listing the permissible subjects for closed sessions, the Brown Act outlines how such matters should be agendized,76 and when and how the matters must be disclosed in an open meeting or otherwise made public. Matters appropriate for closed session and applicable agenda description 77 1. Public employment. A closed session may be held to appoint, employ, evaluate the performance of, discipline, or dismiss a public employee.78 A closed session may also be used to hear specific complaints or charges brought against a public employee unless the employee requests a public session upon 24 hours’ advance written notice.79 The applicable safe harbor agenda descriptions for these matters are: a. PUBLIC EMPLOYMENT Government Code section 54957 Title: (Specify description of position to be filled) b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code section 54957 Title: (Specify position title of employee being reviewed) c. PUBLIC EMPLOYEE DISCIPLINE/ DISMISSAL/RELEASE Government Code section 54957 (No description is required.) Attachment 2 41 Brown Act Compliance Manual 27 2. Labor negotiations. A closed session is appropriate to discuss, with the agency’s bargaining representative, salaries, salary schedules, fringe benefits, funding priorities and other matters within the statutory scope of employee representation for both represented (e.g., union or other recognized employee organization) and unrepresented employees (e.g., management). Final action must be taken in open session.82 The applicable safe harbor agenda description is: CONFERENCE WITH LABOR NEGOTIATORS Government Code section 54957.6 Agency designated representatives: (Specify names of designated representatives attending the closed session) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) 3. Litigation. A closed session is appropriate to discuss (1) threatened litigation against the district; (2) potential exposure to litigation; (3) potential initiation of litigation; and (4) existing litigation. Potential litigation against or to be initiated by the district. A closed session may be held in situations where there is anticipated litigation against the district or when the district is contemplating bringing a legal action. Where the agency seeks to discuss with its legal counsel threatened or anticipated litigation, there must be “existing facts and circumstances” to support the closed session. Existing facts and circumstances include: a. facts and circumstances that the agency believes are not known to a potential plaintiff; b. the receipt by the agency of a claim pursuant to the Government Claims Act or some other written communication threatening litigation; c. a statement made by a person in a public meeting threatening litigation on a specific matter within the responsibility of the legislative body; or d. a statement made outside a public meeting so long as the official or employee of the agency receiving knowledge of the threat makes a record Note: The personnel exception does not authorize action on proposed compensation in closed session, except for a reduction in pay as a result of proposed disciplinary action. Reviewing an employee’s job performance and making threshold decisions about whether any salary increase should be granted is permissible for closed session, but any action concerning the amount of any salary increase must be held in an open session.81 As noted below, a legislative body may address compensation of an unrepresented employee, such as a general manager, under the labor negotiation exception. Note: The Brown Act requires an oral report in open session at the meeting where final action is to be taken that summarizes the recommendation for final action on the salary, salary schedule, or compensation paid in the form of fringe benefits of a “local agency executive” as that term is defined in Government Code section 3511.1, or a department head or other similar administrative officer of the local agency.83 The intent appears to be to preclude placing such items on a consent calendar or similar action item that may involve no discussion of the matter. VI. Closed Sessions (continued)The Brown Act recognizes that not all local agency business should be conducted in the open and provides limited exceptions termed “closed sessions” for certain sensitive matters. Attachment 2 42 California Special Districts Association © 2025 28 of the statement prior to the meeting, and the statement is available for public inspection.84 A legislative body may also meet in closed session to decide if the above facts and circumstances are present and thus whether the closed session is authorized.85 The applicable safe harbor agenda descriptions are: CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) or (3) [as applicable]: (Specify number of potential cases)86 or Initiation of litigation pursuant to Government Code section 54956.9(d)(4): (Specify number of potential cases) Existing litigation. Where a legal action has already been initiated by or against the district, a closed session may be held to provide updates to the board and discuss strategy. The applicable safe harbor agenda description is: CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Government Code section 54956.9(d)(1) Name of case: (Specify by reference to claimant’s name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) 4. Real estate negotiations. A closed session is permitted for the legislative body to discuss with its real property negotiator the purchase, sale, exchange or lease of real property by or for the district. As part VI. Closed Sessions (continued) Notes: The ability to meet in closed session for existing litigation only applies to litigation to which the district is a party. It is generally understood, consistent with the safe harbor description, that the agency’s attorney must be a participant in all litigation-related closed sessions.76 Attachment 2 43 Brown Act Compliance Manual 29 of the discussion, the legislative body may discuss the price and terms of the transaction. According to the Attorney General, this includes only the following: a. The amount of consideration that the district is willing to pay or accept in exchange for the real property rights to be acquired or transferred in the particular transaction; b. The form, manner, and timing of how that consideration will be paid; and c. Items that are essential to arriving at the authorized price and payment terms, such that their public disclosure would be tantamount to revealing the information that the exception permits to be kept confidential.88 The real estate exemption is very limited. Discussions regarding related policy matters such as design work for the project, traffic, and EIR considerations, etc., are beyond the scope of the exemption.89 The applicable safe harbor agenda description is: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code section 54956.8 Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) 5. License applications. A closed session is appropriate if the legislative body finds it necessary to discuss the license application of an applicant with a criminal record, and whether that applicant is sufficiently rehabilitated to obtain the license.90 The applicable safe harbor description is: LICENSE/PERMIT DETERMINATION Government Code section 54956.7 Applicant(s): (Specify number of applicants) 6. Security of public facilities and services or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity. A closed session is appropriate for the legislative body to discuss matters posing a threat to the security of public buildings and facilities as well as essential public services, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity, and threats VI. Closed Sessions (continued)Attachment 2 44 California Special Districts Association © 2025 30 to the public’s right of access to public services or facilities.91 The applicable safe harbor description is: THREAT TO PUBLIC SERVICES OR FACILITIES Government Code section 54957 Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) Procedure for Adjourning to Closed Session Prior to holding any closed session, the legislative body must disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may simply refer to the items as they are listed on the closed session agenda. This announcement may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcement.92 Compliance Tip For convenience, many districts schedule closed sessions prior to commencement of the regular agenda and often hold such closed sessions in separate locations. Under § 54957, the public has the right to be present at such location and has the right to address the legislative body regarding any agendized closed session items under § 54954.3 prior to the legislative body adjourning into closed session. VI. Closed Sessions (continued) Who may be present at the closed session? Closed sessions should only include those members of the legislative body and support staff necessary to conduct business regarding the specific item (e.g., legal counsel, consultants, real estate or labor negotiators, etc.).93 Reporting After Closed Sessions The legislative body must reconvene in open session to report any “action taken” in closed session. In general, only final action on a matter need be reported (e.g., an agreement to buy property, settlement of a lawsuit where the other party has signed the agreement, acceptance of a resignation, etc.). Thus, for example, the dismissal or nonrenewal of an employment contract is not reported until the first public meeting following exhaustion of administrative remedies, if any. Once final approval occurs, the agency must disclose the action taken “upon inquiry by any person.”94 Copies of contracts, settlement agreements, or other documents finalized in closed session must be made available within 24 hours of the action, or, in the case of substantial amendments or retyping, when complete.95, 96 Attachment 2 45 Brown Act Compliance Manual 31 Improper Disclosure of Closed Session Information The disclosure of confidential information acquired in a closed session is prohibited unless the legislative body authorizes the disclosure of the information. “Confidential information” means communication made in closed session that is specifically related to the basis for the closed session meeting. Violations of this disclosure prohibition may be addressed by any legal remedy, including: injunctive relief to prevent future disclosures; disciplinary action (against employees); or referral to a grand jury (for violations by members of the legislative body).97 Compliance Tip Although § 54957.1(a)(1) indicates that real estate agreements may be approved in closed session, as a practical and political matter, it is prudent to take final action on such agreements in open session so that the public may more fully participate in the deliberations. Note: A joint powers agency may authorize in its agreement or bylaws the disclosure of confidential information by members of the agency’s legislative body to their district legislative body in a closed session as well as to legal counsel of a member district.98 VII. Adjournments and Continuances Adjournments The legislative body may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may adjourn such meetings and if all members are absent, the clerk or secretary of the legislative body may declare the meeting adjourned. Written notice of the adjournment must be provided in the same manner as notice for special meetings. A copy of the order or notice of adjournment must be conspicuously posted on or near the door of the place where the meeting was held within 24 hours of adjournment. When a regular or adjourned regular meeting is adjourned, the resulting adjourned meeting is a regular meeting for all purposes. If the order of adjournment fails to state a specific hour for the next meeting, the meeting must be held at the hour designated for regular meetings.99 Continuances A duly noticed hearing may also be continued in the same manner as adjourned meetings. However, if the hearing is continued to a meeting that will occur in less than 24 hours, a copy of a notice of continuance must be posted immediately following the meeting at which the continuance was adopted.100 Attachment 2 46 California Special Districts Association © 2025 32 VIII. Remedies and Penalties for Violations Note: If the challenged meeting involves only deliberation and no action is taken, there can be no misdemeanor penalty. Moreover, as with most criminal statutes, it is often difficult to prove criminal intent. As a result, criminal enforcement of the Brown Act is rare. Criminal Penalties A member of a legislative body may be charged with a misdemeanor where (a) the member attends a meeting where an action is taken in violation of the Brown Act, and (b) the member intends to deprive the public of information to which the public is entitled under the Brown Act.101 Civil Action to Prevent Future Violations The district attorney or any interested person may file a civil action to: • Stop or prevent a threatened violation of the Brown Act.102 • Determine the applicability of the Brown Act to ongoing actions or threatened future action of the legislative body.103 • Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law.104 • Compel the legislative body to tape record its closed sessions.105 • Determine that an action of a legislative body violated the Brown Act and the action is null and void.106 Opportunity for the legislative body to cure and correct alleged violations 107 Before filing a legal action alleging that a legislative body violated the Brown Act, the complaining party must send a written “cure or correct” demand to the legislative body. The demand must clearly describe the challenged action, the nature of the alleged violation, and the “cure” sought, and must be sent within 90 days of the alleged violation (or 30 days if the action was taken in open session but in violation of § 54952.2, which defines “meetings”). The legislative body has up to 30 days to cure and correct its action. If it does not act, any lawsuit must commence within 15 days after (a) receipt of written notice from the legislative body of such non-action, or (b) the expiration of the 30-day cure period if the legislative body does not respond to the cure request. Attachment 2 47 Brown Act Compliance Manual 33 Opportunity for the legislative body to commit to cease & desist alleged past actions or practices 108 Prior to commencing an action to determine if past actions of a legislative body are a violation of the Brown Act under § 54960, the complaining party must send a “cease and desist letter.” The cease-and-desist letter must be sent within nine months of the alleged violation. The legislative body may respond to the cease-and-desist letter within 30 days by making an unconditional commitment to cease and desist from the past action in open session at a regular or special meeting as a separate item of business, and not on its consent agenda, and providing such commitment to the complaining party. The commitment must state that: • The legislative body has received the cease-and-desist letter; and • The legislative body unconditionally commits to cease and desist from the challenged action; and If the legislative body chooses to send an unconditional commitment agreeing to cease-and-desist from the challenged conduct within 30 days of receipt of the cease and desist letter, then no legal action can be commenced. Any party sending a cease-and-desist letter can commence a legal action challenging past conduct of a legislative body on whichever is earlier: (a) 60 days Compliance Tip The cure & correct and cease & desist options allow a legislative body to avoid litigation over alleged Brown Act violations unless it is abundantly clear that no violation occurred, and a district wants to defend what it believes to be a correct policy or procedure. And even if a legislative body waits to cure or correct an alleged violation until after a lawsuit is commenced, an action seeking invalidation must be dismissed. Because a subsequent cure or correction cannot be introduced as evidence of a violation of the Brown Act, there is rarely a legitimate reason for a legislative body not to take any post-lawsuit steps to cure or correct an alleged violation if there is any question as to Brown Act compliance. 109 of receiving a response other than an unconditional commitment to cease-and-desist; or (b) within 60 days of the expiration of the legislative body’s 30-day time period to respond to the cease-and-desist letter. VIII. Remedies and Penalties for Violations (continued)Attachment 2 48 California Special Districts Association © 2025 34 If a court finds that a legislative body violated the Brown Act, the plaintiff may be awarded costs and attorney fees. Invalidation of Certain Types of Actions Only actions taken in violation of the Brown Act under the following circumstances may be invalidated:110 • the basic open meeting provision;111 • notice and agenda requirements for regular meetings and closed sessions;112 • tax hearings;113 • special meetings;114 and • emergency situations.115 VIII. Remedies and Penalties for Violations (continued) Certain actions taken in violation of the Brown Action will not be invalidated if they involve:116 • substantial compliance; • sale or issuance of notes, bonds or other indebtedness, or related contracts or agreements; • a contractual obligation upon which a party has in good faith relied to its detriment; • the collection of any tax; or • the complaining party had actual notice at least 72 hours prior to the meeting at which the action is taken. Award of Costs and Attorney Fees If a court finds that a legislative body violated the Brown Act, the plaintiff may be awarded costs and attorney fees.117 The costs and fees are the liability of the district and not its officers or employees. A district may only recover its costs and attorney fees if it wins, and the court determines that the lawsuit was “clearly frivolous and totally lacking in merit.”118 Attachment 2 49 Attachment 2 50 California Special Districts Association © 2025 36 Special thanks to our contributing editors Donald M. Davis of Burke Williams & Sorensen, LLP, Kane Thuyen, and CSDA Chief Counsel Mustafa Hessabi. 1. The Brown Act is codified in the Government Code starting at Section 54950. Unless other- wise indicated, all statutory references are to the California Government Code. 2. Please note that school districts and community college districts have a number of unique Brown Act provisions applicable only to such special districts that are outside the scope of this manual. 3. § 54950. 4. § 54953(a). 5. Epstein v. Hollywood Entertainment Dist. II Bus. Improvement Dist. (2001) 87 Cal.App.4th 862, 867. 6. § 54952(a). 7. § 54952.1. 8. § 54952(b). 9. § 54952(b). 10. See Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 805; Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 792-793. 11. See McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.App.4th 354. 12. § 54952(c). 13. See also 107 Ops.Cal.Atty.Gen. 1; 85 Ops.Cal.Atty.Gen. 55; and International Longshoreman’s & Warehouseman’s Union v. L.A. Export Terminal, Inc. (1999) 69 Cal.App.4th 287. 14. See 56 Ops. Cal Atty Gen 14 (1973). 15. § 54952.2(a). 16. § 54952.6. 17. § 54952.2(b)(1). 18. See Op.Cal.Atty.Gen. No. 00-906 (2001), available at https://oag.ca.gov/system/files/opin- ions/pdfs/00-906.pdf. 19. § 54953(b). 20. § 54953(b)(3). 21. § 54953(b)(4). 22. § 54953.8.2 23. § 8625. 24. Visit www.csda.net to find a copy of the CSDA Emergency Teleconferencing (“AB 361”) Implementation Guide and Sample Resolutions to assist with transitioning to remote emer- gency teleconferencing meetings. 25. § 54953(e). 26. §§ 54952.2(b)(2), 54952.2(c)(1). 27. § 54952.2(b)(3). These changes are in effect only until January 1, 2026, unless extended or made permanent by the Legislature and Governor. 28. § 54952.2(b)(3)(B)(i). Endnotes Acknowledgment and Endnotes Attachment 2 51 Brown Act Compliance Manual 37 29. § 54952.2(c)(2)-(6). 30. § 54954(a). 31. § 54956. 32. § 54955. 33. § 54956.5. 34. § 54953(e). 35. § 54954(b). 36. § 54954(d). 37. § 54954(e). 38. § 54954.2; See also San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 [Brown Act violated where agenda description for project approval did not include proposed approval of CEQA action (mitigated negative declaration)]. 39. §§ 54954.2 and 54956. 40. § 53087.8(a)(3). 41. See Op.Cal.Atty.Gen. No. 14-1203 (2016), available at https:// oag.ca.gov/system/files/opinions/pdfs/14-1203.pdf. 42. §§ 54954.2. 43. § 54954.2(a). 44. See Cruz v. City of Culver City (2016) 2 Cal.App.5th 239, 250. 45. § 54954.2(b). 46. § 54952.3. 47. § 54953. 48. § 54953.3. 49. § 54961(a). 50. § 54961(a). 51. § 54953(b)(3). 52. § 54953.2. 53. 42 U.S.C. § 12101 et seq. 54. 42 U.S.C. § 12132; 28 C.F.R. § 35.149. 55. 28 C.F.R. §§ 35.149, 35.150. 56. Department of Justice Technical Assistance Manual (Title II), Section II-5.1000. The Manual is available at: https://www.ada. gov/taman2.html. 57. 28 C.F.R. §§ 35.150, 35.151. 58. §§ 54954.2(a), 54954.1, 54957.5(b). 59. § 54957.5. 60. § 54957.5(b)(2). 61. § 54957.5(c). 62. Sierra Watch v. Placer County (2021) 69 Cal.App.5th 1. 63. § 54954.1. 64. § 54957.5 (c). 65. § 54953.5(b); see also § 6253(b). 66. § 54954.3. 67. § 54954.3(a). 68. § 54954.3; See Chaffee v. San Francisco Public Library Commis- sion (2005) 134 Cal.App.4th 109. 69. § 54954.3(b)(2). Exception may apply if simultaneous translation equipment is provided. 70. §§ 54957.5 and 54953.5. 71. Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 [“in- solent” remarks did not constitute actual disruption]; Norse v. City of Santa Cruz ((9th Cir. 2010) 629 F.3d 966 [silent Nazi salute directed at mayor is not a disruption]. 72. § 54957.9. 73. § 54957.9. 74. § 54954.3(c). 75. White v. City of Norwalk (9th Cir. 1990) 900 F.2d 1421. 76. The Brown Act provides a format for describing closed sessions, which if substantially followed, create a “safe harbor” from any alleged notice violations of the Brown Act. See § 54954.5. This manual provides adapted versions of such safe harbor descrip- tions. 77. For a complete list of all permissible closed session matters see § 54954.5. 78. § 54957(b)(1). 79. § 54957(b)(2); see also Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87 [decision by school board not to reemploy probationary employees based on the evaluation of performance, but not specific complaints or charges, does not require 24 hours’ advance written notice]; and San Diego Civil Service Com. v. Bollinger (1999) 71 Cal.App.4th 568 [if charges have already been heard and sustained at a public evidentiary hearing, employee notice of closed session is not required]. 80. § 54957(b)(4). 81. San Diego Union v. City Council (1983) 146 Cal.App.3d 947 [two-step process contemplated: (1) closed session for evalua- tion of performance or appointment; (2) open session for setting employee’s salary]. 82. § 54957.6. 83. § 54953(d). 84. See Fowler v. City of Lafayette (2020) 45 Cal.App.5th 68. 85. § 54956.9. 86. In addition, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to Section 54956.9(e)(2) to (5). 87. See for example, “The Brown Act,” California Attorney General (2003), p.40. 88. See Op.Cal.Atty.Gen. No. 10-206 (2011), available at https://oag. ca.gov/system/files/opinions/pdfs/10-206.pdf. 89. See Shapiro v. San Diego City Council (2002) 96 Cal.App. 4th 904. 90. § 54956.7. 91. § 54957(a). 92. § 54957.7. 93. See Op.Cal.Atty.Gen. No. 03-604 (2003), available at https://oag. ca.gov/system/files/opinions/pdfs/03-604.pdf. 94. See §§ 54957.1 and 54957.7. 95. § 54957.1. 96. See §§ 54957.1 and 54957.7. 97. § 54963. 98. § 54956.96. 99. § 54955. 100. § 54955.1. 101. § 54959. 102. § 54960(a). 103. § 54960 (a). 104. § 54960 (a). 105. § 54960 (b). Endnotes (continued)Attachment 2 52 California Special Districts Association © 2025 38 106. § 54960.1(a). 107. § 54960.1. 108. § 54960.2. 109. § 54960.1(e) and (f). 110. § 54960.1(a). 111. § 54953. 112. §§ 54954.2 and 54954.5. 113. § 54954.6. 114. § 54956. 115. § 54956.5; see also § 54960.1. 116. § 54960.1(d). 117. See Los Angeles Times Communications v. Los Angeles County Board of Supervisors (2003) 112 Cal.App.4th 1313 [“fees are ‘presumptively appropriate’ and a successful plaintiff ‘should ordinarily recover attorney’s fees unless special circumstances would render such an award unjust’”]. 118. § 54960.5. 119. § 54957.5. 120. § 54957.95. 121. Section 54953.8.3. 122. 107 Ops.Cal.Atty.Gen. 107. 123. 107 Cal.Ops.Atty.Gen. 47. 124. § 54953(c). 125. § 54954.3(a)(2). 126. § 54957.96. 127. § 54953.8.6. 128. § 54953.8.1. 129. § 54953.8.4. 130. § 54953.8.5. 131. § 54953.8.7. 132. § 54953.4. Endnotes (continued)Attachment 2 53 Brown Act Compliance Manual 39 Notes:Attachment 2 54 California Special Districts Association © 2025 40 GOVERNMENT CODE - GOV TITLE 5. LOCAL AGENCIES [50001 - 57607] (Title 5 added by Stats. 1949, Ch. 81.) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] (Division 2 added by Stats. 1949, Ch. 81.) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] (Part 1 added by Stats. 1949, Ch. 81.) 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agen- cies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. (Added by Stats. 1953, Ch. 1588.) 54950.5. This chapter shall be known as the Ralph M. Brown Act. (Added by Stats. 1961, Ch. 115.) 54951. As used in this chapter, “local agency” means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, com- mission or agency thereof, or other local public agency. (Amended by Stats. 1959, Ch. 1417.) 54952. As used in this chapter, “legislative body” means: (a) The governing body of a local agency or any other local body created by state or federal statute. CHAPTER 9. Meetings [54950 - 54963] (Chapter 9 added by Stats. 1953, Ch. 1588.) Appendix – Copy of Ralph M. Brown Act* (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: (A) Is created by the elected legislative body in order to exercise author- ity that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity. (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency. (2) Notwithstanding subparagraph (B) of paragraph (1), no board, com- mission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Attachment 2 55 Brown Act Compliance Manual 41 Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 54952.1. Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. (Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) 54952.2. (a) As used in this chapter, “meeting” means any congrega- tion of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or pro- vide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or com- munications on an internet-based social media platform to answer ques- tions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (B) For purposes of this paragraph, all of the following definitions shall apply: (i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public. (iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legisla- tive body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agen- cies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body 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 that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. (Amended (as amended by Stats. 2020, Ch. 89, Sec. 1) by Stats. 2025, Ch. 327, Sec. 1. (SB 707) Effective January 1, 2026.) 54952.3. (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensa- tion or stipend, if any, that each member will be entitled to receive as a Attachment 2 56 California Special Districts Association © 2025 42 result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency. (b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member’s official duties, includ- ing, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.) 54952.6. As used in this chapter, “action taken” means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. (Added by Stats. 1961, Ch. 1671.) 54952.7. A local agency shall provide a copy of this chapter to any person elected or appointed to serve as a member of a legislative body of the local agency. (Amended by Stats. 2025, Ch. 327, Sec. 3. (SB 707) Effective January 1, 2026.) 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meet- ing or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter ju- risdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following: (A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agen- das as otherwise required by this chapter. (D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. (3) If the legislative body of a local agency elects to use teleconferenc- ing, it shall post agendas at all teleconference locations. Each tele- conference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be acces- sible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as expressly provided in this chapter. (4) The teleconferencing requirements of this subdivision shall not apply to remote participation described in subdivision (c). (c) (1) Nothing in this chapter shall be construed to prohibit a member of a legislative body with a disability from participating in any meeting of the legislative body by remote participation as a reasonable accommo- dation pursuant to any applicable law. (2) A member of a legislative body participating in a meeting by remote participation pursuant to this subdivision shall do both of the following: (A) The member shall participate through both audio and visual technol- ogy, except that any member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera. (B) The member shall disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any of those individuals. (3) Remote participation under this subdivision shall be treated as in-person attendance at the physical meeting location for all purposes, including any requirement that a quorum of the legislative body par- ticipate from any particular location. The provisions of subdivision (b) and Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this subdivision. (d) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) (A) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of either of the following during the open meeting in which the final action is to be taken: (i) A local agency executive, as defined in subdivision (d) of Section 3511.1. (ii) A department head or other similar administrative officer of the local agency. (B) This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (e) For purposes of this section, both of the following definitions apply: (1) “Disability” means a physical disability or a mental disability as those Attachment 2 57 Brown Act Compliance Manual 43 terms are defined in Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42 of the United States Code. (2) (A) “Teleconference” means a meeting of a legislative body, the mem- bers of which are in different locations, connected by electronic means, through either audio or video, or both. (B) Notwithstanding subparagraph (A), “teleconference” does not include one or more members watching or listening to a meeting via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters. (3) “Remote participation” means participation in a meeting by telecon- ference at a location other than any physical meeting location desig- nated in the notice of the meeting. (Amended (as amended by Stats. 2023, Ch. 534, Sec. 2) by Stats. 2025, Ch. 327, Sec. 4. (SB 707) Effective January 1, 2026.) 54953.1. The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giv- ing testimony in private before a grand jury, either as individuals or as a body. (Added by Stats. 1979, Ch. 950.) 54953.2. All meetings of a legislative body of a local agency that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implemen- tation thereof. (Added by Stats. 2002, Ch. 300, Sec. 5. Effective January 1, 2003.) 54953.3. A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. (Amended by Stats. 1981, Ch. 968, Sec. 28.) 54953.4. (a) The Legislature finds and declares that public access, including through translation of agendas as required by this section, is necessary for an informed populace. The Legislature encourages local agencies to adopt public access requirements that exceed the require- ments of this chapter by translating additional languages, employing human translators, and conducting additional outreach. (b) (1) In addition to any other applicable requirements of this chapter, a meeting held by a eligible legislative body pursuant to this chapter shall comply with both of the following requirements: (A) (i) (I) (ia) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting. (ib) (Ia) On or before July 1, 2026, an eligible legislative body shall ap- prove at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service. (Ib) If a disruption of telephonic or internet service that prevents mem- bers of the public from attending or observing the meeting via the two- way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed ses- sion during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. (Ic) Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or inter- net service have been made in accordance with the policy adopted pur- suant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access. (II) Subclause (I) does not apply to a meeting that is held to do any of the following: (ia) Attend a judicial or administrative proceeding to which the local agency is a party. (ib) Inspect real or personal property provided that the topic of the meet- ing is limited to items directly related to the real or personal property. (ic) Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (id) Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (ie) Meet in an emergency situation pursuant to Section 54956.5. (ii) If an eligible legislative body elects to provide a two-way audiovisual platform, the eligible legislative body shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two- way audiovisual platform. If an eligible legislative body does not elect to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-way telephonic service for the public to participate in the meeting, pursuant to subclause (I). (B) (i) All open and public meetings for which attendance via a two-way telephonic service or a two-way audiovisual platform is provided in ac- Attachment 2 58 California Special Districts Association © 2025 44 cordance with paragraph (1) shall provide the public with an opportunity to provide public comment in accordance with Section 54954.3 via the two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person. (2) (A) An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body shall publicize instruc- tions on how to request assistance under this subdivision. Assistance may include any of the following, as determined by the eligible legisla- tive body: (i) Arranging space for one or more interpreters at the meeting location. (ii) Allowing extra time during the meeting for interpretation to occur. (iii) Ensuring participants may utilize their personal equipment or reason- ably access facilities for participants to access commercially available interpretation services. (B) This section does not require an eligible legislative body to provide interpretation of any public meeting, however, an eligible legislative body may elect to provide interpretation of any public meeting. (C) The eligible legislative body is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. An action shall not be commenced or maintained against the eligible legislative body arising from the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. (3) An eligible legislative body shall take the following actions to encour- age residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings: (A) Have in place a system for electronically accepting and fulfilling re- quests for meeting agendas and documents pursuant to Section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using this system shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (B) (i) Create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information: (I) A general explanation of the public meeting process for the eligible legislative body. (II) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment. (III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting. (IV) The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section 54954.2. (ii) The eligible legislative body shall include a link to the webpage required by subparagraph (A) on the home page of the eligible legislative body’s internet website. (C) (i) Make reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings, which may include, but are not limited to, all the following: (I) Media organizations that provide news coverage in the jurisdiction of the eligible legislative body, including media organizations that serve non-English-speaking communities. (II) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities. (ii) Legislative bodies shall have broad discretion in the choice of reasonable efforts they make under this subparagraph. No action shall be commenced or maintained against an eligible legislative body arising from failing to provide public meeting information to any specific group pursuant to this subparagraph. (c) (1) (A) The agenda for each meeting of an eligible legislative body shall be translated into all applicable languages, and each translation shall be posted in accordance with Section 54954.2. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment. (B) The accessible internet webpage provided under subparagraph (B) of paragraph (3) of subdivision (b) shall be translated into all applicable languages, and each translation shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (2) A translation made using a digital translation service shall satisfy the requirements of paragraph (1). (3) The eligible legislative body shall make available a physical location that is freely accessible to the public in reasonable proximity to the physical location in which the agenda and translations are posted as described in paragraph (1), and shall allow members of the public to post additional translations of the agenda in that location. (4) The eligible legislative body is not responsible for the content or ac- curacy of any translation provided pursuant to this subdivision. No action shall be commenced or maintained against an eligible legislative body arising from the content, accuracy, posting, or removal of any translation provided by the eligible legislative body or posted by any person pursu- ant to this subdivision. (5) For the purposes of this section, the agenda does not include the entire agenda packet. (d) This section shall not be construed to affect or supersede any other applicable civil rights, nondiscrimination, or public access laws. (e) For purposes of this section, all of the following definitions apply: (1) (A) “Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.” (B) For the purposes of subparagraph (A), the applicable population shall be determined as follows: (i) For an eligible legislative body that is a city council or county board of Attachment 2 59 Brown Act Compliance Manual 45 supervisors, the applicable population shall be the population of the city or county. (ii) For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district: (I) The population of the county with the greatest population within the boundaries of the special district. (II) The population of the service area of the special district, if the special district has the data to determine what languages spoken by the popula- tion within its service area meet the requirements of paragraph (A). (C) If more than three languages meet the criteria set forth in sub- paragraph (A), “applicable languages” shall mean the three languages described in subparagraph (A) that are spoken by the largest percentage of the population. (D) An eligible legislative body may elect to determine the applicable languages based upon a source other than the most recent American Community Survey if it makes a finding, based upon substantial evi- dence, that the other source provides equally or more reliable data for the territory over which the eligible legislative body exercises jurisdic- tion. (2) “Eligible legislative body” means any of the following: (A) A city council of a city with a population of 30,000 or more. (B) A county board of supervisors of a county, or city and county, with a population of 30,000 or more. (C) A city council of a city located in a county with a population of 600,000 or more. (D) The board of directors of a special district that has an internet web- site and meets any of the following conditions: (i) The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full-time equivalent employees. (ii) The special district has over 1,000 full-time equivalent employees. (iii) The special district has annual revenues, based on the most recent Financial Transaction Report data published by the California State Con- troller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from Janu- ary 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-time equivalent employees. (3) “Two-way audiovisual platform” means an online platform that pro- vides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (f) This section shall become operative on July 1, 2026. (g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 5. (SB 707) Effective January 1, 2026. Operative July 1, 2026, by its own provisions. Repealed as of January 1, 2030, by its own provisions.) 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the pro- ceedings in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. (Amended by Stats. 2025, Ch. 327, Sec. 6. (SB 707) Effective January 1, 2026.) 54953.6. No legislative body of a local agency shall prohibit or other- wise restrict the broadcast of its open and public meetings in the ab- sence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. (Amended by Stats. 1994, Ch. 32, Sec. 6. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) 54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legisla- tive body of a local agency may impose those requirements on appointed legislative bodies of the local agency. (Amended by Stats. 2025, Ch. 327, Sec. 7. (SB 707) Effective January 1, 2026.) 54953.8. (a) The legislative body of a local agency may use teleconfer- encing as authorized by subdivision (b) of Section 54953 without comply- ing with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive. (b) A legislative body that holds a teleconference meeting pursuant to this section shall, in addition to any other applicable requirements of this chapter, comply with all of the following: (1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body: (A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconference meeting held pursuant to this section is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet- based service option. Attachment 2 60 California Special Districts Association © 2025 46 (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submit- ted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursu- ant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconfer- ence meeting from a remote location pursuant to this section and the specific provision of law that the member relied upon to permit their participation by teleconferencing shall be listed in the minutes of the meeting. (8) The legislative body shall have and implement a procedure for receiv- ing and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is other- wise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (c) A local agency shall identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings. (d) (1) Nothing in this section shall prohibit a legislative body from pro- viding the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from provid- ing the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (e) A member of a legislative body who participates in a teleconference meeting from a remote location pursuant to this section shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the re- mote location with the member, and the general nature of the member’s relationship with those individuals. (f) The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to 54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing provisions that are appli- cable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting. (g) For purposes of this section, the following definitions apply: (1) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) “Teleconference” means a meeting of a legislative body, the mem- bers of which are in different locations, connected by electronic means, through either audio or video, or both. (3) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (5) “Webcasting” means a streaming video broadcast online or on televi- sion, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (Added by Stats. 2025, Ch. 327, Sec. 8. (SB 707) Effective January 1, 2026.) 54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section. (b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a com- mon physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. (c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed Attachment 2 61 Brown Act Compliance Manual 47 pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (Added by Stats. 2025, Ch. 327, Sec. 9. (SB 707) Effective January 1, 2026.) 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances: (1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the follow- ing findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body conducting a teleconference meeting pursuant to this section may elect to use a two-way telephonic service without a live webcasting of the meeting. (e) For purposes of this section, the following definitions apply: (1) “Local emergency” means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the boundaries of the territory over which the local agency exercises jurisdiction. (2) “State of emergency” means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (Added by Stats. 2025, Ch. 327, Sec. 10. (SB 707) Effective January 1, 2026.) 54953.8.3. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the tele- conference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following ad- ditional requirements: (1) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meet- ing, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. (2) The member shall participate through both audio and visual technology. (3) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for just cause for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) The minutes for the meeting shall identify the specific provision in subdivision (c) that each member relied upon to participate remotely. This subdivision shall not be construed to require the member to disclose any medical diagnosis or disability, or any personal medical information that is otherwise exempt under existing law, including, but not limited to, the Confidentiality of Medical Information Act (Chapter 1 (commenc- ing with Section 56) of Part 2.6 of Division 1 of the Civil Code). (c) For purposes of this section, “just cause” means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953. (4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. (6) A physical or family medical emergency that prevents a member from attending in person. (7) Military service obligations that result in a member being unable to attend in person because they are serving under official written orders Attachment 2 62 California Special Districts Association © 2025 48 for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency. (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 11. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.) 54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred: (1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neigh- borhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (4) If the meeting is outside regular business hours, the eligible neigh- borhood council shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. (b) For purposes of this section, the following definitions apply: (1) “Accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing ac- cess to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) “Eligible neighborhood council” means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 12. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.) 54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the fol- lowing additional requirements: (1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this sec- tion at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organiza- tion votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college stu- dent organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) Except as specified in clause (ii), at least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) The requirements described in clause (i) shall not apply to the Califor- nia Online Community College. (iii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person is under 18 years of age. (II) The person is incarcerated. (III) The person is unable to disclose the location that they are participat- ing from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confiden- Attachment 2 63 Brown Act Compliance Manual 49 tial, including, but not limited to, an independent living program. (IV) The person provides childcare or caregiving to a child, parent, grand- parent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, “child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable: (A) (i) Except as specified in subparagraph (B), if the meeting is during regular business hours of the offices of the board of trustees of the com- munity college district, the eligible community college student organiza- tion shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (ii) Except as specified in subparagraph (B), if the meeting is outside regular business hours, the eligible community college student organiza- tion shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, “accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (B) The requirements described in subparagraph (A) shall not apply to the California Online Community College. (b) For purposes of this section, “eligible community college student organization” means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run com- munity college organization that is required to comply with the meeting requirements of this chapter, that is in any community college recognized within the California Community Colleges system and includes the Student Senate for California Community Colleges. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 13. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.) 54953.8.6. (a) An eligible subsidiary body may conduct a teleconfer- ence meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: (1) The eligible subsidiary body shall designate one physical meeting location within the boundaries of the legislative body that created the eligible subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the eligible subsidiary body or the legislative body that created the eligible subsidiary body shall be present at the physical meeting location during the meeting. The eligible subsidiary body shall post the agenda at the physical meeting location, but need not post the agenda at a remote location. (2) (A) A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, except if the member has a physical or mental condition not subject to subdivision (c) of Section 54953 that results in a need to participate off camera. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically infeasible, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be rem- edied by joining without video. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance prior to turning off their camera. (3) An elected official serving as a member of an eligible subsidiary body in their official capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to this section unless the use of teleconferencing complies with the requirements of paragraph (3) of subdivision (b) of Section 54953. (4) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the follow- ing findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every six months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would en- hance public access to meetings of the eligible subsidiary body, and the public has been made aware of the type of remote participation, includ- ing audio-visual or telephonic, that will be made available at a regularly scheduled meeting and has been provided the opportunity to comment at an in-person meeting of the legislative body authorizing the subsidiary body to meet entirely remotely. (iii) Teleconference meetings of the eligible subsidiary body would pro- mote the attraction, retention, and diversity of eligible subsidiary body members. (B) (i) An eligible subsidiary body authorized to use teleconferencing pursuant to this section may request to present any recommendations it develops to the legislative body that created it. (ii) Upon receiving a request described in clause (i), the legislative body that created the subsidiary body shall hold a discussion at a regular meeting held within 60 days after the legislative body receives the request, or if the legislative body does not have another regular meeting scheduled within 60 days after the legislative body receives the request, at the next regular meeting after the request is received. (iii) The discussion required by clause (ii) shall not be placed on a con- sent calendar, but may be combined with the legislative body’s subse- quent consideration of the findings described in subparagraph (A) for the following 12 months. (iv) The legislative body shall not take any action on any recommenda- tions included in the report of a subsidiary body until the next regular meeting of the legislative body following the discussion described in clause (ii). Attachment 2 64 California Special Districts Association © 2025 50 (C) After the legislative body makes the findings described in subpara- graph (A), the eligible subsidiary body shall approve the use of telecon- ferencing by majority vote before using teleconference pursuant to this section. (D) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant to this section at any time. (b) (1) For purposes of this section, “eligible subsidiary body” means a legislative body that meets all of the following: (A) Is described in subdivision (b) of Section 54952. (B) Serves exclusively in an advisory capacity. (C) Is not authorized to take final action on legislation, regulations, con- tracts, licenses, permits, or any other entitlements, grants, or allocations of funds. (D) Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legisla- tive body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. (2) An eligible subsidiary body may include members who are elected officials, members who are not elected officials, or any combination thereof. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 14. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.) 54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: (1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session. (2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. (3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, “compensation” does not include reimburse- ment for actual and necessary expenses. (4) A member of the eligible multijurisdictional body may participate from a remote location provided that: (A) The eligible multijurisdictional body identifies each member of the eligible multijurisdictional body who plans to participate remotely in the agenda. (B) The member shall participate through both audio and visual technology. (5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles each way from any physical location of the meeting described in paragraph (2). (6) The provisions of this section shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (A) Two meetings per year, if the legislative body regularly meets once per month or less. (B) Five meetings per year, if the legislative body regularly meets twice per month. (C) Seven meetings per year, if the legislative body regularly meets three or more times per month. (D) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For the purposes of this section, both of the following definitions apply: (1) “Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. (2) “Multijurisdictional” means either of the following: (A) A legislative body that includes representatives from more than one county, city, city and county, or special district. (B) A legislative body of a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 15. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.) 54954. (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolu- tion, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exer- cises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is Attachment 2 65 Brown Act Compliance Manual 51 limited to items directly related to the real or personal property. (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency’s jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regula- tory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency’s legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdi- vision (b), or to do any of the following: (1) Attend a conference on nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees’ potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the lo- cal media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. (Amended by Stats. 2004, Ch. 257, Sec. 1. Effective January 1, 2005.) 54954.1. Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents consti- tuting the agenda packet if the person requests that the item or items be delivered by email. If the local agency determines it is technologi- cally infeasible to send a copy of all documents constituting the agenda packet or a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee shall send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accor- dance with the mailing requirements established pursuant to this sec- tion. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materi- als to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the cal- endar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of provid- ing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. (Amended by Stats. 2021, Ch. 763, Sec. 1. (SB 274) Effective January 1, 2022.) 54954.2. (a) (1) At least 72 hours before a regular meeting, the legisla- tive body of the local agency, or its designee, shall post an agenda that meets all of the following requirements: (A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. (B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one. (C) (i) If requested, the agenda shall be made available in appropriate al- ternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply: (A) An online posting of an agenda shall be posted on the primary inter- net website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The di- rect link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. Attachment 2 66 California Special Districts Association © 2025 52 (B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: (i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications. (ii) Platform independent and machine readable. (iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the follow- ing are met: (i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision estab- lished by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision estab- lished by the state shall be the first agenda available at the top of the integrated agenda management platform. (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subpara- graph (B). (D) The provisions of this paragraph shall not apply to a political subdivi- sion of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. (E) For purposes of this paragraph, both of the following definitions apply: (1) “Integrated agenda management platform” means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (2) “Legislative body” means a legislative body that meets the definition of subdivision (a) of Section 54952. (3) No action or discussion shall be undertaken on any item not appear- ing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual informa- tion, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda be- ing posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s internet website, if the local agency has one, shall only apply to a legislative body that meets either of the fol- lowing standards: (1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivi- sion (a) of Section 54952. (Amended (as amended by Stats. 2023, Ch. 131, Sec. 92) by Stats. 2025, Ch. 327, Sec. 16. (SB 707) Effective January 1, 2026.) 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legisla- tive body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. (2) (A) Notwithstanding paragraph (1), the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportu- nity to address the committee on the item, before or during the commit- tee’s consideration of the item. Attachment 2 67 Brown Act Compliance Manual 53 (B) Subparagraph (A) shall not apply if any of the following conditions are met: (i) The item has been substantially changed since the committee heard the item, as determined by the legislative body. (ii) When considering the item, a quorum of the committee members did not participate from a singular physical location, that was clearly identi- fied on the agenda, open to the public, and situated within the boundar- ies of the territory over which the local agency exercises jurisdiction. (iii) The committee has primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legis- lative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. This clause shall not apply to an item if the local agency has adopted a law applicable to the meeting of the committee at which the item that was considered prohibits the committee from placing a limit on the total amount of time for public comment on the item. (3) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. (3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criti- cism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivi- sion shall confer any privilege or protection for expression beyond that otherwise provided by law. (Amended by Stats. 2025, Ch. 327, Sec. 17. (SB 707) Effective January 1, 2026.) 54954.4. (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to lo- cal agencies and school districts for costs mandated by the state pursu- ant to that act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or oth- erwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which rep- resent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner. (Added by Stats. 1991, Ch. 238, Sec. 1.) 54954.5. For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel num- ber or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will con- cern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Specify by reference to claimant’s name, names of par- ties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) Attachment 2 68 California Special Districts Association © 2025 54 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of sub- division (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of subdivision (e) of Section 54956.9.) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Sec- tion 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed ses- sion to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances neces- sitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented em- ployee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed ses- sion to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern pro- posed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed ses- sion to discuss a charge or complaint pursuant to Section 54956.86.) (j) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.) (k) With respect to every item of business to be discussed in closed ses- sion pursuant to Section 54956.75: AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE (Amended by Stats. 2012, Ch. 759, Sec. 6.1. (AB 2690) Effective January 1, 2013.) 54954.6. (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term “new or increased assessment” does not include any of the following: (A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for which the fee is charged. (B) A service charge, rate, or charge, unless a special district’s principal act requires the service charge, rate, or charge to conform to the require- ments of this section. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. Attachment 2 69 Brown Act Compliance Manual 55 (D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. (2) The legislative body shall provide at least 45 days’ public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hear- ing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax. (E) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (F) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hear- ing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accom- plished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assess- ment roll, the State Board of Equalization assessment roll, or the local agency’s records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of an as- sessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each busi- ness owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A general description of the purpose or improvements that the as- sessment will fund. (C) The address to which property owners may mail a protest against the assessment. (D) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment. (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if applicable. (F) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subpara- graph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not Attachment 2 70 California Special Districts Association © 2025 56 delay or prolong the governmental decisionmaking process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following: (1) The property owners subject to the assessment. (2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. (g) The local agency may recover the reasonable costs of public meet- ings, public hearings, and notice required by this section from the pro- ceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice. (h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section. (Amended by Stats. 2011, Ch. 382, Sec. 3.5. (SB 194) Effective January 1, 2012.) 54955. The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjourn- ment. When a regular or adjourned regular meeting is adjourned as pro- vided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule. (Amended by Stats. 1959, Ch. 647.) 54955.1. Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. (Added by Stats. 1965, Ch. 469.) 54956. (a) (1) A special meeting may be called at any time by the pre- siding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telephone or electronic mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (2) The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensa- tion paid in the form of fringe benefits, of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency’s budget. (Amended by Stats. 2025, Ch. 327, Sec. 18. (SB 707) Effective January 1, 2026.) 54956.5. (a) For purposes of this section, “emergency situation” means both of the following: (1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. (b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24- hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Sec- tion 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. (A) Except as provided in subparagraph (B), the notice required by this Attachment 2 71 Brown Act Compliance Manual 57 paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (B) For an emergency meeting held pursuant to this section, the presiding officer of the legislative body, or designee thereof, may send the notifica- tions required by this paragraph by email instead of by telephone, as pro- vided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice require- ments of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a mini- mum of 10 days in a public place as soon after the meeting as possible. (Amended by Stats. 2025, Ch. 327, Sec. 19. (SB 707) Effective January 1, 2026.) 54956.6. No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifi- cally authorized by this chapter. (Added by Stats. 1980, Ch. 1284.) 54956.7. Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently re- habilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant’s attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meet- ing during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. (Added by Stats. 1982, Ch. 298, Sec. 1.) 54956.75. (a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report. (b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law. (Added by Stats. 2004, Ch. 576, Sec. 4. Effective January 1, 2005.) 54956.8. Notwithstanding any other provision of this chapter, a legisla- tive body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legisla- tive body of the local agency. For purposes of this section, “lease” includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. (Amended by Stats. 1998, Ch. 260, Sec. 3. Effective January 1, 1999.) 54956.81. Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular, specific pension fund investments. All investment transaction decisions made during the closed session shall be made by rollcall vote entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2. (Added by Stats. 2004, Ch. 533, Sec. 20. Effective January 1, 2005.) 54956.86. Notwithstanding any other provision of this chapter, a legis- lative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status, Attachment 2 72 California Special Districts Association © 2025 58 or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this section, the legisla- tive body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. (Added by Stats. 1996, Ch. 182, Sec. 2. Effective January 1, 1997.) 54956.87. (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments, and contract negotiations with pro- viders of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmis- sion of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemp- tion from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The require- ments of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. (f) For purposes of this section, “health plan trade secret” means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria: (1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan, or technology, or to add a benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. (Amended by Stats. 2015, Ch. 190, Sec. 65. (AB 1517) Effective January 1, 2016.) 54956.9. (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open ses- sion concerning those matters would prejudice the position of the local agency in the litigation. (b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter. (c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: (1) Litigation, to which the local agency is a party, has been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litiga- tion against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances” shall consist only of one of the following: (1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litiga- tion against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Divi- sion 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. Attachment 2 73 Brown Act Compliance Manual 59 (4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (f) Nothing in this section shall require disclosure of written communica- tions that are privileged and not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (g) Prior to holding a closed session pursuant to this section, the leg- islative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency’s ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (h) A local agency shall be considered to be a “party” or to have a “significant exposure to litigation” if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. (Amended by Stats. 2021, Ch. 615, Sec. 206. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) 54956.95. (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Sec- tion 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from hold- ing a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency. (b) Nothing in this chapter shall be construed to prevent the Local Agen- cy Self-Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ com- pensation liability incurred by the authority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. (Added by Stats. 1989, Ch. 882, Sec. 3.) 54956.96. (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agree- ment provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or li- ability implications for that local agency to the following individuals: (A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member. (2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly ap- pointed member to attend closed sessions of the joint powers agency. (b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California, or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following: (A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California, or its successor entity, in lieu of a local agency member’s regularly appointed member, to attend closed sessions of the Clean Power Alliance of Southern California, or its successor entity. (B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member, and that is presented to the Clean Power Alliance of Southern California, or its successor entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability implications for the local agency member for which the desig- nated alternate member attended the closed session, to the following individuals: (i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (ii) Members of the legislative body of the local agency present in a closed session of that local agency member. (2) If the Clean Power Alliance of Southern California, or its successor Attachment 2 74 California Special Districts Association © 2025 60 entity, adopts a policy or bylaw or includes in its joint powers agree- ment a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California, or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California, or its successor entity. (c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning informa- tion obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b). (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended (as amended by Stats. 2019, Ch. 248, Sec. 1) by Stats. 2024, Ch. 24, Sec. 1. (AB 1852) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2024, Ch. 24.) 54956.96. (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agree- ment provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or li- ability implications for that local agency to the following individuals: (A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member. (2) A designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly ap- pointed member to attend closed sessions of the joint powers agency. (b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in or- der to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). (c) This section shall become operative on January 1, 2030. (Amended (as added by Stats. 2019, Ch. 248, Sec. 2) by Stats. 2024, Ch. 24, Sec. 2. (AB 1852) Effective January 1, 2025. Section operative Janu- ary 1, 2030, by its own provisions.) 54956.97. Notwithstanding any provision of law, the governing board, or a committee of the governing board, of a public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take action on matters pertaining to all of the following: (a) A loan or investment decision. (b) A decision of the internal audit committee, the compliance commit- tee, or the governance committee. (c) A meeting with a state or federal regulator. (Added by Stats. 2019, Ch. 442, Sec. 14. (AB 857) Effective January 1, 2020.) 54956.98. (a) For purposes of this section, the following definitions shall apply: (1) “Shareholder, member, or owner local agency” or “shareholder, mem- ber, or owner” means a local agency that is a shareholder of a public bank. (2) “Public bank” has the same meaning as defined in Section 57600. (b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents provisions that authorize any of the following: (1) All information received by a shareholder, member, or owner of the public bank in a closed session related to the information presented to the governing board of a public bank in closed session shall be confi- dential. However, a member of the governing board of a shareholder, member, or owner local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that shareholder, member, or owner local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that shareholder local agency. (B) Other members of the governing board of the local agency present in a closed session of that shareholder, member, or owner local agency. (2) A designated alternate member of the governing board of the public bank who is also a member of the governing board of a shareholder, member, or owner local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member, or owner local agency’s regularly appointed member may at- tend a closed session of the public bank governing board. (c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing documents pursuant to subdivision (b), then the governing board of the shareholder, member, or owner local agency, upon the advice of its legal counsel, may conduct a closed ses- sion in order to receive, discuss, and take action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b). (Added by Stats. 2019, Ch. 442, Sec. 15. (AB 857) Effective January 1, 2020.) 54957. (a) (1) This chapter does not prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or other law enforcement or security personnel, or a security consultant or Attachment 2 75 Brown Act Compliance Manual 61 a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas ser- vice, and electric service, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity. (2) For purposes of this subdivision, the following definitions apply: (A) “Critical infrastructure controls” means networks and systems controlling assets so vital to the local agency that the incapacity or de- struction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. (B) “Critical infrastructure information” means information not customar- ily in the public domain pertaining to any of the following: (i) Actual, potential, or threatened interference with, or an attack on, compromise of, or incapacitation of critical infrastructure controls by either physical or computer-based attack or other similar conduct, includ- ing, but not limited to, the misuse of, or unauthorized access to, all types of communications and data transmission systems, that violates federal, state, or local law or harms public health, safety, or economic security, or any combination thereof. (ii) The ability of critical infrastructure controls to resist any interference, compromise, or incapacitation, including, but not limited to, any planned or past assessment or estimate of the vulnerability of critical infrastructure. (iii) Any planned or past operational problem or solution regarding criti- cal infrastructure controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, compromise, or incapacitation of critical infrastructure controls. (b) (1) Subject to paragraph (2), this chapter does not prevent the legisla- tive body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of their right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. (3) The legislative body also may exclude from the public or closed meet- ing, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision, the term “employee” shall in- clude an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials’ ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. (Amended by Stats. 2024, Ch. 243, Sec. 1. (AB 2715) Effective January 1, 2025.) 54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows: (1) Approval of an agreement concluding real estate negotiations pursu- ant to Section 54956.8 shall be reported after the agreement is final, as follows: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approv- al given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once for- mally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (3) Approval given to its legal counsel of a settlement of pending litiga- tion, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settle- ment is final, as follows: (A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement. (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed Attachment 2 76 California Special Districts Association © 2025 62 session pursuant to Section 54957 shall be reported at the public meet- ing during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general require- ment of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (6) Approval of an agreement concluding labor negotiations with repre- sented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Sec- tion 54956.81 shall be disclosed at the first open meeting of the legisla- tive body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any per- son who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyp- ing, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legisla- tive body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. (f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (Amended by Stats. 2006, Ch. 538, Sec. 311. Effective January 1, 2007.) 54957.2. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a viola- tion of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. The minute book may, but need not, consist of a recording of the closed session. (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). (Amended by Stats. 2021, Ch. 615, Sec. 207. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) 54957.5. (a) Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or por- tion thereof, that is exempt from public disclosure. (b) (1) If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) (A) Except as provided in subparagraph (B), a local agency shall com- ply with both of the following requirements: (i) A local agency shall make any writing described in paragraph (1) avail- able for public inspection at a public office or location that the agency shall designate for this purpose. (ii) A local agency shall list the address of the office or location des- ignated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency. (B) A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met: (i) An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting. (ii) The local agency immediately posts any writing described in para- graph (1) on the local agency’s internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (iii) The local agency lists the web address of the local agency’s internet website on the agendas for all meetings of the legislative body of that agency. (iv) (I) Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A). Attachment 2 77 Brown Act Compliance Manual 63 (II) This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting. (c) Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Sec- tion 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public’s right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (com- mencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivi- sion (b) of Section 7922.530 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 208) by Stats. 2022, Ch. 971, Sec. 1. (AB 2647) Effective January 1, 2023.) 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation, subject to all of the following conditions: (1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. (2) The closed session shall be for the purpose of reviewing its position and instructing the local agency’s designated representatives. (3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. (4) Any closed session with the local agency’s designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency’s available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency’s designated representative. (5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. (6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legisla- tive body, or other independent contractors. (Amended by Stats. 2025, Ch. 327, Sec. 20. (SB 707) Effective January 1, 2026.) 54957.7. (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. (Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.) 54957.8. (a) For purposes of this section, “multijurisdictional law enforcement agency” means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony pos- session of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. (Amended by Stats. 2006, Ch. 427, Sec. 1. Effective September 22, 2006.) 54957.9. In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Noth- ing in this section shall prohibit the legislative body from establishing a Attachment 2 78 California Special Districts Association © 2025 64 procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (Amended by Stats. 2025, Ch. 327, Sec. 21. (SB 707) Effective January 1, 2026.) 54957.95. (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body con- ducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconfer- enced meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b). (b) As used in this section: (1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. (Amended by Stats. 2025, Ch. 327, Sec. 22. (SB 707) Effective January 1, 2026.) 54957.96. (a) The existing authority of a legislative body or its presid- ing officer to remove or limit participation by persons who engage in be- havior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including existing limitations upon that authority, shall apply to members of the public participating in a meeting via a two-way telephonic service or a two-way audiovisual platform. (b) For purposes of this section, the following definitions apply: (1) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (2) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (Added by Stats. 2025, Ch. 327, Sec. 23. (SB 707) Effective January 1, 2026.) 54957.10. Notwithstanding any other provision of law, a legisla- tive body of a local agency may hold closed sessions to discuss a local agency employee’s application for early withdrawal of funds in a deferred compensation plan when the application is based on financial hardship arising from an unforeseeable emergency due to illness, acci- dent, casualty, or other extraordinary event, as specified in the deferred compensation plan. (Added by Stats. 2001, Ch. 45, Sec. 1. Effective January 1, 2002.) 54958. The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. (Added by Stats. 1953, Ch. 1588.) 54959. Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor. (Amended by Stats. 1994, Ch. 32, Sec. 18. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) 54960. (a) The district attorney or any interested person may com- mence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the ap- plicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The audio recordings shall be subject to the following discovery procedures: (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pur- suant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio record- ing. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: Attachment 2 79 Brown Act Compliance Manual 65 (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording. (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. (Amended by Stats. 2012, Ch. 732, Sec. 1. (SB 1003) Effective January 1, 2013.) 54960.1. (a) The district attorney or any interested person may com- mence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing and clearly describe the chal- lenged action of the legislative body and nature of the alleged violation. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15-day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body’s decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (d) An action taken that is alleged to have been taken in violation of Sec- tion 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and 54956.5. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instru- ment, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any de- fect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Sec- tion 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. (Amended by Stats. 2002, Ch. 454, Sec. 23. Effective January 1, 2003.) 54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met: (1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being ac- cused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation. (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legisla- tive body has not provided an unconditional commitment pursuant to subdivision (c). (4) Within 60 days of receipt of the legislative body’s response to the Attachment 2 80 California Special Districts Association © 2025 66 cease and desist letter, other than an unconditional commitment pursu- ant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submit- ting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commenc- ing the action. (b) The legislative body may respond to a cease and desist letter submit- ted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5. (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: To ______________________: The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] In order to avoid unnecessary litigation and without admitting any viola- tion of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above. The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act Commitment.” You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. Very truly yours, ________________________________________________ [Chairperson or acting chairperson of the legislative body] (2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. (3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admis- sible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commit- ment made pursuant to subdivision (c) by a majority vote of its member- ship taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as “Rescission of Brown Act Commitment,” provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (Added by Stats. 2012, Ch. 732, Sec. 2. (SB 1003) Effective January 1, 2013.) 54960.5. A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commit- ment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. Attachment 2 81 Brown Act Compliance Manual 67 A court may award court costs and reasonable attorney fees to a defen- dant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. (Amended by Stats. 2012, Ch. 732, Sec. 3. (SB 1003) Effective January 1, 2013.) 54961. (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tortious sexual con- duct or child abuse unless the identity of the person has been publicly disclosed. (Amended by Stats. 2007, Ch. 568, Sec. 35. Effective January 1, 2008.) 54962. Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health and Safety Code, or by Sections 37606, 37606.1, and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. (Amended by Stats. 2006, Ch. 157, Sec. 2. Effective January 1, 2007.) 54963. (a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information. (b) For purposes of this section, “confidential information” means a com- munication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter. (c) Violation of this section may be addressed by the use of such rem- edies as are currently available by law, including, but not limited to: (1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grandjury. (d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. legislature.ca.gov Live Web Page (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of delibera- tion at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. (Added by Stats. 2002, Ch. 1119, Sec. 1. Effective January 1, 2003.) *Pursuant to Government Code § 54952.7. Published at leginfo.legislature.ca.gov on January 1, 2026. CSDA Brown Act Resource Page Scan or Click to Visit Attachment 2 82 1112 I Street, Suite 200 Sacramento, CA 95814 toll-free: 877.924.2732 csda.net Attachment 2 83 Agenda Item 2.2 STAFF REPORT YOUTH ADVISORY COMMITTEE Page 1 of 1 DATE: June 10, 2026 TO: Committee Members FROM: Jackie Dwyer, Parks & Community Services Director SUBJECT: 2026-27 Youth Advisory Committee and Staff Introductions Prepared by: Shalini Reddy, Recreation Coordinator EXECUTIVE SUMMARY: The Youth Advisory Committee and Staff will make introductions. STAFF RECOMMENDATION: Participate in introductions with Staff. FINANCIAL IMPACT: None. DESCRIPTION: The Youth Advisory Committee and Staff will introduce themselves and share their background and goals for the 2026-27 term. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Committee Agenda was posted. ATTACHMENTS: None. 84 Agenda Item 4.1 STAFF REPORT YOUTH ADVISORY COMMITTEE Page 1 of 2 DATE: June 10, 2026 TO: Committee Members FROM: Jackie Dwyer, Parks & Community Services Director SUBJECT: Approval of the May 13, 2026 Youth Advisory Committee Regular Meeting Minutes Prepared by: Crystal McLean, Senior Office Assistant EXECUTIVE SUMMARY: The Committee will consider approving the May 13, 2026 Youth Advisory Committee Regular Meeting minutes. STAFF RECOMMENDATION: Approve the minutes of the May 13, 2026 Youth Advisory Committee Regular Meeting. FINANCIAL IMPACT: None. DESCRIPTION: The Youth Advisory Committee will consider approval of minutes from the May 13, 2026 Youth Advisory Committee Regular Meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Committee Agenda was posted. ATTACHMENTS: 85 Page 2 of 2 1) Minutes of the May 13, 2026 Youth Advisory Committee Regular Meeting 86 MINUTES OF THE YOUTH ADVISORY COMMITTEE Regular Meeting: May 13, 2026 YOUTH ADVISORY COMMITTEE REGULAR MEETING MAY 13, 2026 REGULAR MEETING: 7:00 PM A Regular Meeting of the Youth Advisory Committee was held on Wednesday, May 13, 2026 at the Dublin Senior Center, 7600 Amador Valley Blvd, Dublin, CA 94568 . The meeting was called to order at 7:10 PM by Chairperson Neel KarurParekh. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE Attendee Name Status Neel KarurParekh, Chairperson Present Kaitlin Weiss, Vice Chairperson Present Alex McComb, Committee Member (Arrived at 7:25) Present Angad Hayer, Committee Member Present Avika Vyawahare, Committee Member Present Hrihaan Bhutani, Committee Member Present Landon Colley, Committee Member Present Mehek Kothari, Committee Member Present Sharanya Donepudi, Committee Member Present Trisha Bollapragada, Committee Member Present Varnika Sathish, Committee Member Present Vir Tawadia, Committee Member Present Yma Santos, Committee Member Present Prajval Balakavi, Alternate Committee Member Present Sophie Ma, Alternate Committee Member Present Tirtha Sivanandam, Alternate Committee Member Present Sanjana Gidwani, PCSC Student Rep Absent 2) PRESENTATIONS - None 3) PUBLIC COMMENT Susan Gardner, Teen Librarian, provided public comment on upcoming library events including a summer orientation program, June calendar events and Creature Quest. 4) CONSENT CALENDAR Attachment 1 87 YOUTH ADVISORY COMMITTEE REGULAR MEETING MAY 13, 2026 4.1) Approved April 15, 2026 Youth Advisory Committee Special Meeting Minutes On a motion by Committee Member Kothari, seconded by Vice Chairperson Weiss, and by a unanimous vote, the Committee adopted the Consent Calendar. RESULT: APPROVED [UNANIMOUS] MOVED BY: Mehek Kothari, Committee Member SECOND: Kaitlin Weiss, Vice Chairperson AYES: KarurParekh, Weiss, McComb, Hayer, Vyawahare, Bhutani, Colley, Kothari, Donepudi, Bollapragada, Sathish, Tawadia, Santos 5) UNFINISHED BUSINESS 5.1) 2026 Dublin Benefit Concert Post-Event Discussion The Committee received a report on the 2026 Dublin Benefit Concert and provided feedback. 6) NEW BUSINESS 6.1) 2025-26 Youth Advisory Committee End-of-Term Recap The Committee received a report summarizing activities and accomplishments from the 2025-26 service term and provided feedback. 7) STAFF AND COMMITTEE REPORTS Staff and Committee Members gave information only reports. 88 YOUTH ADVISORY COMMITTEE REGULAR MEETING MAY 13, 2026 8) ADJOURNMENT Chairperson KarurParekh adjourned the meeting at 8:39 PM. _________________________________ Neel KarurParekh, Chairperson Youth Advisory Committee ATTEST: Shalini Reddy, Recreation Coordinator 89 Agenda Item 6.1 STAFF REPORT YOUTH ADVISORY COMMITTEE Page 1 of 2 DATE: June 10, 2026 TO: Committee Members FROM: Jackie Dwyer, Parks & Community Services Director SUBJECT: Election of 2026-27 Youth Advisory Committee Chairperson and Vice Chairperson Prepared by: Shalini Reddy, Recreation Coordinator EXECUTIVE SUMMARY: The Youth Advisory Committee will conduct elections for the positions of Chairperson and Vice Chairperson for the 2026-27 term. STAFF RECOMMENDATION: Conduct elections for Chairperson and Vice Chairperson for the 2026-27 term. FINANCIAL IMPACT: None. DESCRIPTION: Youth Advisory Committee members annually elect a Chairperson and Vice Chairperson to serve during the upcoming term. The Chairperson facilitates Committee meetings and serves as the primary youth representative, while the Vice Chairperson assists with these responsibilities and serves in the Chairperson’s absence. Committee Members interested in running for positions are asked to share a personal statement (two minutes or less) explaining to the Committee why they should be elected. Staff will then call for nominations, followed by a vote of the Committee Members. 90 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Committee Agenda was posted. ATTACHMENTS: 1) Youth Advisory Committee Bylaws and Rules of Procedure 91 ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Youth Advisory Committee shall be composed of a minimum of nine and a maximum of 13 youth members (“members” or “Committee Members”) and three youth alternates (“alternates” or Alternate Committee Members”). At least three of the Committee Members must be from middle school and six from high school. Section 2. Committee Members may resign at any time by giving written notice to the Mayor, City Clerk, and Parks and Community Services Director or his/her designee. Section 3. The youth student representative serving on the Parks and Community Services Commission shall serve as a non-voting member to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Youth Advisory Committee Members shall serve a one-year term, commencing June 1 and terminating on the following May 31 (or until their successors are appointed). During the months of July and August, meetings will be held as necessary. At the end of a Committee Member's term, the Committee Member may be reappointed to the Advisory Committee in the same manner as the initial appointment. There shall be no limit to the number of terms a Committee Member may serve, as long as they remain enrolled in middle or high school. Section 2. Any member of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Committee Members should endeavor to attend all regular and special meetings of the Advisory Committee. The Secretary to the Advisory Committee shall provide the Mayor with quarterly reports of Committee Members and Alternate Committee Members attendance. After the third absence from a regularly scheduled Committee meeting within any twelve (12) month period, said Committee Member’s office shall be automatically declared vacant. Additionally, if a Committee Member is late by more than 20 minutes to two meetings CITY OF DUBLIN YOUTH ADVISORY COMMITTEE Attachment 1 92 without permission from said Advisory Committee, this shall constitute one absence. Section 4. If a Committee Member ceases to reside in the City of Dublin or ceases to be enrolled in middle or high school, said Committee Member’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Youth Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. In the event that there are more than three vacancies on the Advisory Committee, vacancies shall be filled in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Youth Advisory Committee for a one-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected each year at the June meeting of the Advisory Committee. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee Members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairperson performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Performs other duties necessary or customary to the office. (e) Serves the City Council and the residents of the City of Dublin with professionalism and respect. (f) Represents the Advisory Committee before the City Council. Attachment 1 93 In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. ARTICLE VI SUB-COMMITTEES Section 1. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but fewer than a quorum, to serve as a sub- committee. The Advisory Committee may appoint non-members to a sub-committee in an effort to obtain additional public involvement as needed. Sub-committees make recommendations directly to the Advisory Committee. Section 2. A sub-committee may not represent the Advisory Committee before the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VII MEETINGS Section 1. The Youth Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes, with the exception of the July and August meetings, to be held as necessary. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Committee Members shall attend all regular and special Committee meetings in person. Committee Members will not be permitted to use teleconference as an option to attend any Committee meetings. ARTICLE VIII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. Provide input on youth services and programming to the Parks and Community Services Commission, City Council and to City Staff, address issues that affect youth in the community, assist with the promotion and implementation of youth activities, generate an annual report on the progress of the Youth Advisory Committee. Section 2. Committee members are expected to attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the Advisory Committee; and promote youth activities and provide support for successful implementation of youth activities and programs. Attachment 1 94 Section 3. A majority vote of voting members is required to take action. Section 4. Alternates shall participate in all Commission matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Commission. In such event, the first alternate shall participate as a voting member for the duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. The third alternate shall participate as a voting member for the duration of the third occurring absence or vacancy or for the duration of the second occurring absence or vacancy if the second alternate is vacant or absent. ARTICLE IX DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Youth Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE X STAFF ASSISTANCE Section 1. The City Manager shall provide the Youth Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE XI AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. Attachment 1 95 Agenda Item 6.2 STAFF REPORT YOUTH ADVISORY COMMITTEE Page 1 of 6 DATE: June 10, 2026 TO: Committee Members FROM: Jackie Dwyer, Parks & Community Services Director SUBJECT: 2026-27 Youth Advisory Committee Work Plan Prepared by: Shalini Reddy, Recreation Coordinator EXECUTIVE SUMMARY: The Youth Committee will discuss and develop the 2026 -27 Youth Advisory Committee Work Plan. STAFF RECOMMENDATION: Discuss and develop goals and objectives for the 2026-27 Youth Advisory Committee Work Plan. FINANCIAL IMPACT: None. DESCRIPTION: Each year, the Youth Advisory Committee establishes a work plan for its term of service. A work plan serves as a guide for accomplishing goals and objectives during a specific period. Staff recommends that the Committee discuss and establish goals for the 2026 -27 work plan. Eight work plan goals have been recommended; however, members may discuss and identify additional and/or alternate goals. The work plan should remain within the purview of the Committee, as stated in the Bylaws and Rules of Procedure, Article VIII, Section 1: Provide input on youth services and programming to the Parks and Community Services Commission, City Council and to City Staff, address issues that affect youth in the community, assist with the promotion and implementation of youth activities, generate an annual report on the progress of the Youth Advisory Committee. 96 Page 2 of 6 Following discussion and feedback, the draft work plan will be finalized at the August 2026 Youth Advisory Committee Regular Meeting. 2026-27 Draft Work Plan The following draft goals and objectives are recommended for discussion and consideration by the Committee during the 2026-27 term. WORK PLAN GOAL #1 – Explore a Collaborative Virtual Event with Wicklow, Ireland’s Youth Advisory Committee  Explore and begin planning a new youth -focused virtual event in partnership with Wicklow, Ireland’s Youth Advisory Committee. This potential event aims to promote cultural exchange, global youth engagement, and strengthen the sister city relationship, while addressing the interests and needs of young people in Dublin. o Objective 1.1 - Initiate discussions on the concept of a joint virtual event with Wicklow’s Youth Advisory Committee during the August 2026 Committee Regular Meeting. o Objective 1.2 – Appoint four members to an ad-hoc committee to lead planning efforts. o Objective 1.3 - Brainstorm event themes, formats, and potential goals that align with both cities' youth interests and evaluate their feasibility. o Objective 1.4 - Share preliminary ideas with Wicklow’s Youth Advisory Committee and begin informal collaborative dialogue. o Objective 1.5 - Continue coordination and planning of the potential event, including roles, communication, and concept development. o Objective 1.6 - Develop a general planning timeline and list of action items, without finalizing specific dates, to guide ongoing collaboration and future updates. o Objective 1.7 – By the October 2026 Committee Regular Meeting, assess the progress of collaborative discussions and determine whether the event concept is viable to continue pursuing. Present findings to the full committee. WORK PLAN GOAL #2 - Youth Mini-Grant Program  Offer the Youth Mini-Grant Program to Dublin-based youth organizations/clubs and programs that provide performing arts, multicultural awareness, or other youth -related activities.  All members must participate in reviewing applications. o Objective 2.1 – Advertise and begin accepting applications for the Youth Mini- Grant Program in September 2026 to all City of Dublin middle and high schools , as well as Dublin-based youth organizations. o Objective 2.2 – Host an informational meeting for potential applicants to provide an overview of the Youth Mini-Grant Program application and review process in September 2026. 97 Page 3 of 6 o Objective 2.3 – Accept applications through September 2026. o Objective 2.4 – Review applications and receive applicant presentations during the October 2026 Committee meeting. Objective 2.5 – Present funding recommendations to the Parks and Community Services Commission in October 2026. Then forward funding recommendations to the City Council for final approval in November 2026. WORK PLAN GOAL #3 – “One Good Thing” Youth Mental Health Awareness Program  Plan and implement the “One Good Thing” initiative, a short-term program running October – November 2026 that encourages youth to identify and reflect on one positive moment from their day as simple mental wellness practice. The program will lead into the Youth Mental Health Forum and may include social media participation, reflection prompts, and community engagement activities. o Objective 3.1 – Finalize program framework and participation guidelines by August 12, 2026. o Objective 3.2 – Explore opportunities to share mental health resources during the program period. o Objective 3.3 - Implement the “One Good Thing” initiative as a short-term program during October – November 2026, leading up to the Youth Mental Health Forum. o Objective 3.4 – Collect informal feedback from participants and the Youth Advisory Committee to assess program impact. WORK PLAN GOAL #4- Youth Mental Health Forum  Plan and implement a mental health forum for Dublin middle and high school youth. Panelists will include school counselors and local therapists who work with youth to provide an overview of mental topics and coping strategies. The forum may include students who have experienced mental health issues and wish to share their stories. o Objective 4.1 – Appoint four members to an ad-hoc committee to lead planning efforts. o Objective 4.2 – Secure the event’s location, date, and time by August 12, 2026. o Objective 4.3 – Develop event format, agenda, and timeline by August 12, 2026. o Objective 4.4 – Begin to solicit panelists and set a deadline to have a panel in place by September 9, 2026. Consider inviting a representative from the 988 Suicide & Crisis Lifeline or a similar youth-focused mental health organization to participate as a panelist or provide educational materials and resources for attendees. o Objective 4.5 – Develop a marketing plan, including a flyer and social media posts. Advertise the event to local high and middle schools and Dublin-based youth organizations by September 9, 2026. o Objective 4.6 – Prepare a survey for participants and ask for feedback from 98 Page 4 of 6 panelists and attendees at the conclusion of the event. o Objective 4.7 – Meet to review and provide feedback about the event. Discuss what went well and what improvements can be made. Present the findings to the Committee on the December meeting. WORK PLAN GOAL #5 – KidVenture Night  Continue the development and enhancement of KidVenture Night, an engaging and interactive evening designed for elementary school-aged youth. This event aims to promote creativity, recreation, and social connection through themed activities led by the Committee. o Objective 5.1 – Review feedback from the previous year’s event and discuss areas for improvement. o Objective 5.2 – Appoint four members to an ad-hoc committee to lead planning efforts. o Objective 5.3 – Begin event planning by brainstorming potential themes and structure. o Objective 5.4 – Finalize the event timeline, theme, and program outline. o Objective 5.5 - Collaborate with Staff on logistics and promotional efforts. o Objective 5.6 – Confirm the event date by the October 2026 Committee Regular Meeting and execute KidVenture Night in early February 2027. WORK PLAN GOAL #6 – Benefit Concert  Plan and implement the 13th Annual Dublin Benefit Concert on April 22, 2027 at the Dublin Farmer’s Market. Acts will include Dublin-based youth and senior organizations/clubs and programs that provide performing arts, multicultural awareness, or other youth-related activities. The event benefits the Youth Fee Assistance Program. o Objective 6.1 – Establish the timeline and work plan for the event and appoint four members to an ad-hoc committee by the August meeting. o Objective 6.2 – Create an application for performers for Staff review. Solicit youth and senior performers from the Dublin Unified School District high and middle schools, Quarry Lane School, Valley Christian Schools, City contracted youth and senior instructors, Dublin cultural arts businesses, and other venues where youth and senior artists perform. o Objective 6.3 – Create an event flyer for Staff review and advertise it in the Spring Recreation Activity Guide, City website, City newsflash, and distribute by October 14, 2026. o Objective 6.4 – Review applications and select performers by February 10, 2027. o Objective 6.5 – Attend, emcee, and implement the 2027 Dublin Benefit Concert on April 22, 2027 at the Farmer’s Market in Emerald Glen Park. 99 Page 5 of 6 WORK PLAN GOAL #7 – Volunteer Hours  In addition to serving on ad-hoc committees, Committee Members will be required to volunteer at a minimum of five City Events annually. o Splatter – 9/12/26 o Harvest Fair – 10/10/26 o Ghosts of Dublin – 10/23/26-10/24/26 o Floating Pumpkin Patch – 10/24/26 o Tri-Valley Teen Job Fair – Date TBD o St. Patrick’s Day Celebration – 3/13/27-3/14/27 o Shamrock Fun Run – 3/14/27 o Spring Eggstravaganza – 4/17/27 o Dublin Pride Volunteer Day – 4/24/27 WORK PLAN GOAL #8 – Annual Report  Generate an annual report highlighting the accomplishments of the Committee during the 2026-27 term.  Chairperson and Vice Chairperson will present the report to the Parks and Community Services Commission and the City Council. o Objective 8.1 - Chairperson and Vice Chairperson to create a PowerPoint presentation of the accomplishments of the 2026 -27 Committee and provide Parks and Community Services Staff with the Annual Report presentation by March 2027. o Objective 8.2 - Present the Annual Report at the March 10, 2027 Committee meeting for members to review and provide feedback. o Objective 8.3 - Present the Annual Report at the April 2027 Parks and Community Services Commission meeting and the May 2027 City Council meeting. All Committee members are to be present. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Committee Agenda was posted. 100 Page 6 of 6 ATTACHMENTS: None. 101