Visiting the Brown Act

Not everyone is born to be a politician. In the case of school district trustees, many of the elected officials are parents or community members wanting to make a difference, not necessarily someone looking at the job as the first rung on the ladder of politics.
Because trustees may often start their terms with little knowledge of how a governing board actually operates, the San Benito County Office of Education recently held a workshop on the Brown Act, which regulates the state’s open meeting laws.
“We like to review these rules to ensure that all of our business is done openly,” said Tim Foley, the county’s superintendent of schools. “We are conducting the public’s business, and it has to be done publicly.”
Officially known as the Ralph M. Brown Act, these open meeting laws were first enacted in 1988 and are part of the state’s government code. The purpose of the Brown Act is to prevent “backdoor politics,” or meetings held out of the public’s eye.
The Brown Act states that all local governments, including school boards must follow eight basic steps:

• Post notice of a meeting and the agenda for that meeting at least
  72 hours prior.
• Notify the media of special meetings.
• Hold meetings within the jurisdiction of the governing body.
• Allow non-disruptive recordings and broadcasts of meetings.
• Allow public comment.
• Those attending the meeting must not be forced to “sign in.”
• All votes made by the governing board must be made in public, and no secret ballots can be conducted.
• All documents distributed at the meeting must be considered public
  documents.

Foley said that many trustees, especially newly elected members, often worry about breaking some section of the Brown Act, in part, because of misunderstandings over public meetings.
“There is some apprehension about it at first,” he said. “They worry about breaking the law because doing so does carry penalties and stiff fines depending on the violation.”
Part of the confusion stems from what actually constitutes a public meeting, Foley said. The Brown Act states that if more than a majority of the members of a governing board get together, or even talk to each other, they are then subject to the act’s provisions.
“People worry about what constitutes a meeting when they are talking to each other, but if they maintain the spirit of the law, then they won’t be in trouble,” Foley said. “If they are dedicated to making sure there is public access to their meetings, then we are going to be safe.”
Foley said that the workshop was well-received by local trustees, and that every school board in the county had at least one representative in attendance.
“It was a great turnout, and a workshop with a positive feel to it,” he said. “I’m very happy with the response, and am very appreciative of the dedication our board members are showing to the public.”