Page 32 - BrownActHandbook

consideration at a public meeting, are public records. Such writings must be made available for
inspection and copying “without delay.” Public records made available to one or more members
of the legislative body should be made available to all members of the legislative body at the
same time.

With respect to a regular meeting, if writings are distributed to all or a majority of
the members of a legislative body less than 72 hours prior to the meeting, these writings must be
made available to the public at the same time. The agenda must state the location of an office at
the agency where members of the public may inspect the documents. Available to the public has
been interpreted to mean at a physical location open to the public. The Legislature amended
Government Code section 54957.5 to allow writings distributed after hours to be considered
available to the public by posting on the agency’s internet website when all of the following
circumstances are met:

• An initial staff report or similar document containing an executive summary and the staff
recommendation, if any, relating to that agenda item is made available for public
inspection at the designated office or location at least 72 hours before the meeting.

• The local agency immediately posts any writing on the local agency’s internet website in
a position and manner that makes it clear that the writing relates to an agenda item for an
upcoming meeting.

• The local agency lists the web address of the local agency’s internet website on the
agendas for all meetings of the legislative body of that agency.

• The local agency makes physical copies available for public inspection, beginning the
next regular business hours for the local agency, at the designated office or location.

• The next regular business hours of the local agency commence at least 24 hours before
that meeting.

If writings are distributed during a meeting, they must be available for public
inspection immediately if prepared by the local agency, or after the meeting if prepared by some
other person. These writings shall be made available in appropriate alternative formats upon
request by a person with a disability, as required by section 202 of the ADA.

Ordinary copying fees may be charged for these public records, except that the
agency may not impose a surcharge on persons with disabilities in violation of section 202 of the
ADA.

Writings distributed for closed session are exempt from public disclosure if
otherwise exempt under the Public Records Act. The Brown Act does not abrogate the attorney-
client privilege applicable to written communications.

(Government Code §§ 7921.310, 54957.5; Sierra Watch v. Placer County (2021) 69.Cal.App.5th
1; St. Croix v. Superior Court (2014) 228 Cal.App.4th 434.)

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