My question pertains to a California Municipal Public Agency subject to the Brown Act.

Question

My question pertains to a California Municipal Public Agency subject to the Brown Act. A public meeting agenda is posted without any agenda materials attached to the agenda so that neither the legislative body nor the public can review the agenda materials prior to the meeting. Is this allowed according to the Brown Act?

James L. Arrasmith · Answer

Under the Brown Act, a California Municipal Public Agency must ensure transparency in its meetings, including the availability of agenda materials. The Act requires that agenda materials distributed to a majority of the legislative body must also be made available to the public at the same time, unless exempt under specific circumstances like closed session items. Simply posting an agenda without providing relevant materials ahead of the meeting undermines this requirement. 
 
The public has a right to access information that will be discussed during meetings, as this allows for informed participation and accountability. Failing to attach agenda materials can be seen as a violation of the Act because it restricts both the public and the legislative body from reviewing necessary information beforehand. 
 
If you find that agenda materials are consistently not provided, this may warrant further action, such as bringing the issue to the attention of the agency’s legal counsel or filing a complaint with the local district attorney. It’s important that public agencies adhere to these transparency rules to maintain the integrity of the public meeting process.

Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.