Page 28 - BrownActHandbook

9. Chief Executive Officer and Department Head Salaries and Contracts.

Chief executive officer contracts must be ratified in open session of the legislative
body at a regular meeting and reflected in the minutes. In addition, prior to taking final action on
the “salaries, salary schedules, or compensation paid in the form of fringe benefits for a local
agency executive,” the legislative body must orally report a summary of a recommendation
during the open meeting in which final action is to be taken. Local agency executives are
defined as employees not subject to the Meyers-Milias-Brown Act (essentially unrepresented
employees) and who are either: (a) the chief executive officer, deputy chief executive officer, or
an assistant chief executive officer; (b) a department head; or (c) a position held by employment
contract.

As a practical matter, what this means is that contracts and salary setting for high-
ranking local officials should be approved in open session at a regular meeting and not be placed
on the consent calendar. Further, the legislative body should receive an oral presentation on the
item before acting. Closed session negotiations with unrepresented employees prior to approval
are still permissible.

(Government Code §§ 3511.1, 53262, 54953, 54956.)

10. Substantial Compliance Satisfies the Brown Act’s Agenda Posting Requirements.

Minor violations of the Brown Act’s agenda posting and notice requirements will
not automatically result in an illegal meeting provided the agency has otherwise substantially
complied with the requirements. The key determination is whether the meeting notice or agenda
might have misled or confused members of the public. Whether substantial compliance exists in
any given circumstance will depend on the specific facts and you may wish to contact legal
counsel in the event of any deviations from the statutory posting and notice requirements.

(Government Code § 54960.1(d)(1); San Diegans for Open Government v. City of Oceanside
(2016) 4 Cal.App.5th 637; Castaic Lake Water Agency v. Newhall County Water District (2015)
238 Cal.App.4th 1196; 103 Ops.Cal.Atty.Gen 42 (Sept. 22, 2020), Opn. No. 18-901; 99
Ops.Cal.Atty.Gen 11 (2016).)

11. Members of the Public May Have a Right to Place Items on the Agenda.

School districts are expressly required to allow members of the public to place
matters directly related to school district business on a regular meeting agenda. However,
governing boards have discretion to determine whether a proposed agenda item is directly related
to district business. Although there is no similar statutory requirement for cities and counties,
most agencies have a process where members of the public may request that items within the
subject matter jurisdiction of the public agency be placed on the agenda.

Regardless of whether a statutory requirement or local requirement, local agencies
can reasonably control when the item is placed on the agenda. Further, legislative bodies need
not allow public comment on whether to place an item on the agenda.

16 2025 Brown Act Handbook LozanoSmith.com