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• 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.)

10. Minutes of Meetings Must Be Kept.

The Brown Act does not require that minutes of local agency meetings be kept.
However, other statutory provisions generally require that minutes of open meetings be kept.
For example, Education Code section 35145 requires that minutes be kept for school board
meetings, Government Code sections 36814 and 40801 require that minutes be kept for city
council meetings, and Government Code sections 25101 – 25103 require that minutes be kept for
county board of supervisor meetings. Local agencies have the option of taking minutes for
closed session meetings and if they decide to do such, they are considered confidential and not
subject to disclosure. Closed session minutes, however, may be subject to disclosure if there is a
Brown Act violation.

(Government Code §§ 25101, 25102, 25103, 36814, 40801, 54957.2; Education Code § 35145;
County of Los Angeles v. Superior Court (2005) 130 Cal.App.4th 1099.)

D. VOTING DETERMINATIONS

Members of the public are entitled to know how each member of a legislative
body voted on action items. In that regard, no legislative body may take action by secret ballot,
whether preliminary or final. This prohibition applies to both open and closed sessions. If it is
not readily apparent from the record how a member voted, the legislative body must publicly
report the action taken and the vote or abstention on that action of each member present for the
action. A roll call vote is not required except for teleconference and emergency meetings or
when otherwise statutorily required but is recommended when it is likely to be difficult to

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