Page 13 - Lozano Smith Board Member Toolkit 2026

be reported (special rules apply for compensation and contracts with certain high-
level employees). The report shall be deferred until the first meeting after an
employee exhausts their administrative remedies, if any. A decision to retain an
employee need not be reported out.

> Approval of labor negotiation agreements.

Reports may be oral or written. Copies of final agreements must generally be made
available to the public. Depending on the circumstances, reporting out may be
deferred to a subsequent meeting, or may be required only upon inquiry. For example,
deferral is allowed when the action taken by the agency is not final until some period of
time has passed, or the action is contingent upon approval by another party.

Closed Session Confidentiality
No person may disclose confidential information that has been acquired by being
present in an authorized closed session to unauthorized persons, unless the
legislative body formally authorizes disclosure of confidential information.
“Confidential information” means a communication made in a closed session that is
specifically related to the basis for the closed session.

Breaches of this rule can be enforced by court order or removal of persons from
elected office.

Penalties and Enforcement
The Brown Act can be enforced by civil lawsuits or criminal prosecution. A member
who attends a meeting where action is taken in violation of the Brown Act, and where
the member intends to deprive the public of information which the member knows or
has reason to know the public is entitled, is guilty of a misdemeanor.

The District Attorney or any interested person may commence a civil lawsuit to
determine that an action taken by the legislative body is null and void, because of
violation of the Brown Act. In addition, a suit can be filed to get an injunction or a
declaration halting violations of the Brown Act.

Most violations of the Brown Act can be remedied by correction of the violation. If
there is a violation of the closed session requirements, a court can order the local
agency to record its closed sessions.

A prevailing plaintiff is entitled to costs and attorneys' fees unless special
circumstances justify denial of such an award. A prevailing defendant (public agency)
may be awarded costs and fees only if the court finds the action was frivolous and
totally lacking in merit.

Brown Act Handbook
Lozano Smith’s handbook “The Brown Act” is available to all of our clients and can be
requested at LozanoSmith.com/brownactrequest.php. This handbook contains the
language of the Brown Act, a more extensive summary of the act, sample agendas,
guidelines for conducting orderly public meetings, and more.

10 Guide to Effective Governance