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City attorney briefs Roseville oversight committee on Brown Act, AB 992 social media limits and Public Records Act
Summary
Senior Deputy City Attorney Joe Mandel gave a Brown Act and California Public Records Act refresher, highlighting that the committee is subject to open-meeting rules, social media restrictions under AB 992, 72-hour agenda posting, and public-records coverage for work-related emails.
Joe Mandel, senior deputy city attorney for the City of Roseville, gave a refresher on the Brown Act and the California Public Records Act at the Local Sales Tax Citizens Oversight Committee meeting on Feb. 26.
Mandel told the committee the Brown Act “is named after the author of the bill, Ralph M. Brown,” and said its central goal is open government: “The public has the right to attend meetings,” he said. He explained that the committee is an oversight body created by the City Council following voter approval of Measure B and that the Brown Act applies because the committee is a standing, subsidiary body with continuing subject-matter jurisdiction.
Mandel reviewed required practices: post notices and agendas for regular meetings at least 72 hours in advance in publicly accessible locations, provide a brief description of each agenda item and allow public comment, and hold meetings within the city unless otherwise permitted by law. He emphasized the Brown Act’s meeting definition — “a congregation of a majority of the members at the same time and location” — noting that for a five-member committee a majority is three members.
Mandel also warned against serial communications and explained AB 992’s social media restriction: “AB 992 prohibits members of a legislative body from responding directly to any communication on social media,” including likes, comments and emoji reactions. He advised committee members that individual non‑deliberative communications that provide information or answer questions are permitted, but cautioned that emails and other business communications related to committee work are public records and may be subject to disclosure even if sent from a personal device. He closed by noting remedies for violations, including civil actions to invalidate actions not taken in substantial compliance with the Brown Act and possible criminal penalties in cases of intentional deprivation of the public’s rights.
The presentation was informational; committee members asked no follow-up questions. Mandel provided contact information for the City Attorney’s Office for Brown Act or Public Records Act questions.
