Page 37 - 2026 Lozano Smith Brown Act Handbook

(1) A general explanation of the legislative public meeting process.

(2) An explanation of the procedures for a member of the public to provide in-person or
remote oral public comment during a public meeting or to submit written public comment.

(3) A calendar of all public meeting dates with calendar listings that include the date,
time, and location of each public meeting.

(4) The agenda posted online.

Such local agencies must make reasonable efforts to invite groups that do not
traditionally participate in public meetings to attend those meetings. Local agencies have broad
discretion in the choice of reasonable efforts they make, and the agency may not be sued from
failing to provide public meeting information to any specific group.

Suggested groups to notify are: media organizations that provide news coverage
in the agency’s jurisdiction, including media organizations that serve non-English-speaking
communities; and good government, civil rights, civic engagement, neighborhood, and
community group organizations that are active in the agency’s jurisdiction, including
organizations active in non-English-speaking communities.

(Government Code § 54953(b)(3).)

6. The Legislative Body May Not Prohibit Public Criticism.

The legislative body may not prohibit the public from criticizing the “policies,
procedures, programs, or services of the agency, or of the acts or omissions of the legislative
body” regardless of whether it implicates the performance of one or more of its employees.

(Government Code § 54954.3(c); Perry Educational Association v. Perry Local Educators
Association (1983) 460 U.S. 37, 60; Leventhal v. Vista Unified School District (1997) 973
F.Supp. 951; Baca v. Moreno Valley Unified School District (1996) 936 F.Supp. 719; Ribakoff v.
City of Long Beach (2018) 27 Cal.App.5th 150; 90 Ops.Cal.Atty.Gen. 47 (2007).)

7. Members of the Public Cannot be Required to Give Names or Sign a Register as a
Condition of Attendance.

Members of the public cannot be compelled to provide their name or sign a
register as a condition of attendance at a meeting, unless required by a third-party internet
provider for remote participation. If a register is provided, it must state clearly that signing the
register is voluntary and that all persons may attend the meeting regardless. While it is unclear
whether attendance also means participation, it is recommended that providing a name or address
not be mandated to speak unless providing that information is directly relevant to the item being
discussed. Even under those circumstances, if a member of the public wishes to speak
anonymously, the legislative body should consider allowing them to speak, but otherwise give
the weight or credibility that such anonymous comments are due.
(Government Code § 54953.3.)

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