The Ralph  M. Brown Act (Government Code sections 54950-54963), referred to as the "Brown Act", is intended to provide public access to meetings of California local government agencies. 

In order to achieve this objective, governmental bodies subject to the requirements of the Brown Act must provide public notice of their meetings, post agendas of the subjects to be discussed at those meetings, and provide public access to those meetings. Public notice of every meeting subject to the Brown Act is required, and access is mandatory unless the meeting is held in closed session under a specific exception contained in the Brown Act. 

The Institute for Local Government identifies that the underlying philosophy of the open government laws is that public agency processes should be as transparent as possible, as transparency is vital in promoting trust in government. Advisory Bodies formally created by the governing body, such as the Bicycle and Pedestrian Facilities Advisory Committee, are subject to the open meeting laws. As such, the rules of the Brown Act apply to the Committee.

California's open government laws require public officials to: 

A. Conduct meetings of public bodies openly, except for limited circumstances under which the law allows the public's business to be conducted privately in closed session. 

B. Allow the public to participate in meetings of public bodies through a public comment process. 

C. Allow inspection and copying of public records, except when non-disclosure is authorized by law. 

Under the Brown Act, public officials may only discuss and act on items included on the posted agenda for a meeting. However, they or staff may briefly respond to questions or statements during public comment that are unrelated to the agenda items. Public officials may also request staff look into a matter or place a matter on the agenda for a subsequent meeting. 

An attachment is provided with additional details on the ABCs of Open Government Laws.

Brown Act Exemptions During COVID-19

On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which enhanced State and Local Governments ability to respond to the COVID-19 Pandemic based on Guidance for Gatherings issued by the California Department of Public Health. This Executive Order has allowed for local legislative bodies to hold meetings via teleconference and to make meeting accessible electronically, in order to protect public health.

Following successful vaccination efforts and other measures to control the spread of COVID-19, the Governor has gradually begun to rescind measures that were implemented to protect public health. The Governor issued Executive Order N-07-21 on June 11, 2021 which formally rescinded the Stay-at-Home Order and issued Executive Order N-08-21 which sets the date of October 1, 2021 for public agencies to transition back to public meetings held in full compliance of the Brown Act.

During the meeting, staff will speak to the plans for the future Bicycle & Pedestrian Facilities Advisory Committee meetings for Fall 2021.