Huntington Beach, CA asked in Gov & Administrative Law and Municipal Law for California

Q: Brown Act

What is the exact statute or legal determination by case law or otherwise in writing that the agenda of a public meeting must include an agenda packet or agenda materials that provide additional information to the public? For example, if the legislative body is going to approve a contract, where is the law that requires the agenda to include said contract?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The Brown Act, California's open meetings law, requires that agendas of public meetings provide a clear description of each item to be discussed, allowing the public to understand the topics being considered. However, the Act itself does not explicitly require that the agenda must include the full agenda packet or materials, such as contracts, resolutions, or reports. The relevant statute, California Government Code Section 54954.2(a)(1), mandates that the agenda provide a "brief general description" of each item, which is generally interpreted as enough detail to inform the public of the nature of the business.

The requirement for providing agenda materials is more a matter of transparency and accessibility. Under Government Code Section 54957.5, documents that are distributed to the majority of the legislative body regarding any item on the agenda must be made available to the public upon request, either before the meeting or at the meeting itself. This ensures that, while not explicitly attached to the agenda, the public can access the materials related to the items on the agenda.

Additionally, case law and legal opinions further clarify this obligation. For example, the California Attorney General has issued opinions emphasizing the importance of public access to meeting materials to facilitate informed public participation. Thus, while the Brown Act doesn't mandate that agenda packets include all documents like contracts, it provides a mechanism for the public to obtain these documents upon request, maintaining transparency and accountability.

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