City attorney leads Brown Act training for Los Banos council, outlines new remote and translation rules

City Attorney Mary Lerner led a Brown Act training for the Los Banos City Council on May 8, reviewing the state open‑meeting law, rules for remote participation, public‑records obligations and the legal consequences of violating the law.

Lerner opened by framing local authority under federal, state and local law and explained that Los Banos operates under the council–manager form of government. “We exist to serve the people here in Los Banos,” she said, linking open‑government principles to the council’s duties.

The session covered key Brown Act principles: meetings of the legislative body must be open and public, agendas must give the public notice of matters to be discussed, and deliberations that create a collective concurrence must occur in public. Lerner cautioned that sequential one‑on‑one communications (a “chain” meeting) and one person repeatedly polling colleagues (a “hub‑and‑spoke” pattern) can constitute prohibited deliberation.

She summarized recent changes affecting remote participation under SB 707. Under the law, members may use a “just cause” teleconferencing exception when they are unable to attend in person, but the council must give notice and preserve public access. Lerner said the council must still ensure in‑chamber presence of a majority of members and that, as a practical matter, only a limited number of members should be remote at one time. “A majority of you need to be present in chambers,” she said, and, she added, “only two of you could be remote at any one time,” when explaining how the rules are typically applied in practice.

Lerner also reviewed social‑media guidance: council members may post factual information and answer public questions but must avoid interactive commentary with other members on matters within council jurisdiction, noting that even a “like” can be treated as a comment under the newer guidance.

Translation and accessibility requirements were a prominent topic. Lerner said that, beginning July 1, eligible legislative bodies must translate agendas into languages spoken by 20% or more of the jurisdiction’s population; she told the council that Spanish meets that threshold for Los Banos and that the city will need to plan for agenda translation and accessibility accommodations.

On public records, Lerner explained the Public Records Act process: agencies must acknowledge requests within 10 calendar days, may offer rolling productions, and may assert statutory exemptions (for example, attorney‑client privilege or certain personnel records). She discussed recent case law, including a decision that has made personal devices potentially subject to PRA review under certain conditions and explained the use of affidavits to narrow searches of personal devices.

Lerner described permissible closed‑session topics (litigation strategy, labor negotiations, real property negotiations) and emphasized that closed sessions are confidential; she reviewed remedies for Brown Act violations (cure and correct notices, potential attorney‑fee awards to challengers and, in narrow cases, misdemeanor liability). She cited a recent court ruling involving the City of Fresno, saying a May 5, 2026, decision found Fresno violated the Brown Act by holding budget committee meetings behind closed doors.

Council members raised procedural questions—about agenda control, how to handle large public gatherings, and whether members may speak as private citizens on matters that later come before the council—and Lerner advised adopting clear policies where the council wanted different practices (for example, an agenda‑review policy or limits on public‑comment time per topic).

The training closed with time for questions and directions to staff to draft agenda items on rules the council wanted to revisit. The meeting adjourned at 11:49 a.m.; council leadership noted Los Banos’ 100th birthday during adjournment remarks.

This session was informational; no formal motions or votes were taken during the training.