Attorney General Opines that “State of the City” Events are Brown Act Meetings

I.  

SUMMARY

On April 24, 2024 the Attorney General opined that a “State of the City” event is a meeting subject to the Brown Act when a majority of city councilmembers attend and attendees can only attend if they purchase a ticket. While Attorney General opinions are not binding law, this opinion does offer persuasive guidance to cities on how they may want to reconsider their involvement in these commonly held and well-attended events.

II.  

ANALYSIS

Like many cities, the Mayor of Ventura was invited to give a speech at a “State of the City” event hosted by the local chamber of commerce. The city announced the speech on social media and the public was invited to purchase tickets and attend the event. The Ventura City Attorney reached out to the Ventura County District Attorney and inquired whether a majority of city councilmembers could attend the event without violating the Brown Act’s open meeting requirements. While less than a majority of Ventura councilmembers attended the event, the District Attorney and the City Attorney disagreed on whether a majority of councilmembers could have attended without violating the Brown Act. Upon the request of the District Attorney, the Attorney General (“AG”) opined that:

1. If a majority of councilmembers attended the event, it would qualify as a meeting subject to the Brown Act.[1] The AG reasoned that because a majority of councilmembers present would “hear” items within their subject matter jurisdiction during the Mayor’s speech, such a gathering would qualify as a meeting. Even though councilmembers engaged in no deliberations, simply hearing matters within their purview during the Mayor’s speech is sufficient to qualify the event as a “meeting.”  
2. A “State of the City” event does not qualify under the “conference”[2] exception authorized by the Brown Act because there were not “multiple presentations facilitating an interchange of views among multiple parties.” Here, the event only offered a single speech on a single person’s view on the state of a single city.
3. A “State of the City” event does not qualify under the “community meeting”[3] exception authorized by the Brown Act because “community meetings” must be open to the public free of charge. Here, the event only allowed attendance with paid admission, and posting a video of the speech online after the fact did not satisfy the openness requirement of the Brown Act.
4. A “State of the City” event does not qualify under the “purely social or ceremonial occasion”[4] exception authorized by the Brown Act because the Mayor’s address is not “purely” ceremonial. Such an address can have a “significant effect or influence on the local legislative process” because it could “outline the plans and goals for the coming year.”

III.

CONCLUSION

While not binding law, an Attorney General opinion is persuasive authority on the applicability of the Brown Act that cities should take note of. Cities that participate in privately hosted “State of the City” events should consider their involvement in light of this opinion. If less than a majority of councilmembers attend, or the public is allowed to attend free of charge, cities can participate in these events as usual with minimal legal risk. However, unless the content of the event is diversified or the public is allowed to attend free of charge, cities could be in violation of the Brown Act if a majority of councilmembers attend.

Should you have any questions or comments, feel free to contact your City Attorney at 714-446-1400 or at 916-771-0635.

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[1] Gov. Code § 54952.2 provides that a meeting “means any congregation of a majority of the members of a legislative body at the same time and location…to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.”

[2] Gov. Code § 54952.2(c)(2) authorizes “the attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.”

[3] Gov. Code § 54952.2(c)(3) authorizes “the attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.

[4] Gov. Code § 54952.2(c)(5) authorizes “the attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.”