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f. Standing Committees. Attendance of a majority at an open and noticed
meeting of a standing committee of the legislative body provided that the members of the
legislative body who are not members of the standing committee attend only as observers.

g. Staff Meetings. Meetings among staff members are not subject to the
Brown Act, provided a majority of the legislative body members are not in attendance, as staff
members do not constitute a legislative body.

h. Confirming Availability for a Meeting. Discussions among staff and
legislative body members solely to determine availability for a regular or special meeting or
coordinating the scheduling of a meeting is not “hearing, discussing, or deliberating on agency
business,” as set forth in Government Code section 54952.2, and is therefore not considered a
meeting. Additionally, Government Code section 54956 specifically authorizes a special
meeting to be called by a majority of the legislative body. The merits of any agenda items
should not be discussed.

(Government Code §§ 54952.2(c), 54956; __ Ops.Cal.Atty.Gen.__ (2024), Opn. No. 23-102; 89
Ops.Cal.Atty.Gen. 241 (2006); see also California Attorney General’s Office, The Brown Act,
2003, p. 12 and League of California Cities, Open and Public VI: a Guide to the Ralph M. Brown
Act, revised 2024, pp.18-20.)

4. Simultaneous or Serial Order Meetings.

When a legislative body also sits as the legislative body of another agency, for
example members of a city council also serving as members of a local public financing authority,
prior to holding a simultaneous or serial meeting of the subsequent legislative body, the clerk or
a member of the legislative body must orally announce before the meeting commences the
amount of extra compensation or stipend that any member receives from convening the
simultaneous or serial meeting, unless the amount of compensation is prescribed by statute.

(Government Code § 54952.3.)

5. Social Media.

Similar to the prohibition against using intermediaries to hold a meeting, a
majority of the members of a legislative body are prohibited from using a social media platform
to discuss agency business of a specific nature among themselves. Additionally, members of a
legislative body may not respond directly to any communication from another member on an
internet-based social media platform regarding a matter within their subject-matter jurisdiction.
Commenting on another member’s post, re-tweeting or forwarding, or responding to the other
member’s post with an “emoji,” or clicking the “like” button could constitute discussion among
members of the legislative body.

On the other hand, social media may be used for answering questions or providing
information to the public as well as to solicit information from the public regarding a matter that
is within the subject matter jurisdiction of the legislative body. Members of the legislative body
may also comment on, forward, or “like” a post made by a member of the public, as long as

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