Page 38 - 2026 Lozano Smith Brown Act Handbook

8. The Media and Public May Record and Broadcast Meetings.

The Brown Act allows the audio and visual recording of meetings, unless the
legislative body makes a reasonable finding that the recording cannot continue without noise,
illumination or obstruction of view that constitutes, or would constitute, a persistent disruption of
the proceedings. Any recording made at the discretion of the local agency becomes a public
record and may not be destroyed for 30 days after the recording and is subject to public
inspection.

The Brown Act also provides that a legislative body may not prohibit or otherwise
restrict broadcast of its open proceedings unless it makes a reasonable finding that the broadcast
cannot be accomplished without noise, illumination, or obstruction of view that would constitute
a persistent disruption of the proceedings. Radio and television stations are expressly permitted
to broadcast and telecast open meetings.

(Government Code §§ 6091, 54953.5, 54953.6.)

9. Documents Distributed in Connection with an Open Session Meeting Are Public
Records.

Writings distributed to all or a majority of the members of a legislative body by
any person, including staff, a member of the legislative body, or a member of the public, for
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.

26 LozanoSmith.com 2026 Brown Act Handbook