The Ralph M. Brown Act, was an act of the California State Legislature, authored by Assembly member Ralph M. Brown and passed in 1953, that guaranteed the public’s right to attend and participate in meetings of local legislative bodies. How many open forum meetings did the Hermosa Beach City Council have on this issue in the last 10 years? Zero. In fact, all negotiations and discussions were in a closed session and nothing was disclosed to the public until the deal was done. Not only that but if you read the Hermosa Beach Macpherson settlement agreement it appears our officials are under a non-disclosure agreement and confidential information is being withheld.
Throughout California’s history, local legislative bodies have played a vital role in bringing participatory democracy to the citizens of the state. Local legislative bodies - such as boards, councils and commissions - are created in recognition of the fact that several minds are better than one, and that through debate and discussion, the best ideas will emerge. The law which guarantees the public’s right to attend and participate in meetings of local legislative bodies is the Ralph M. Brown Act.
While local legislative bodies generally are required to hold meetings in open forum, the Brown Act recognizes the need, under limited circumstances, for these bodies to meet in private in order to carry out their responsibilities in the best interests of the public. For example, the law contains a personnel exception based on notions of personal privacy, and a pending litigation exception based upon the precept that government agencies should not be disadvantaged in planning litigation strategy. Although the principle of open meetings initially seems simple, application of the law to real life situations can prove to be quite complex.
