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City attorney gives Brown Act refresher, warns of 'serial meetings' and outlines SB 707 changes
Summary
City Attorney Craig Cornwell delivered Brown Act training to the Merced Regional Airport Authority, explaining what constitutes a meeting, the risks of serial communications ("hub and spoke" and reply‑all), and forthcoming provisions in Senate Bill 707 affecting teleconferencing and agenda translations.
City Attorney Craig Cornwell gave a Brown Act briefing to the Merced Regional Airport Authority, emphasizing open‑meeting obligations, common pitfalls and recent legislative changes.
Cornwell explained that the Brown Act—named for Assemblyman Ralph M. Brown and codified in the California Government Code—is a set of sunshine rules intended to let the public observe not only votes but also deliberations. He told the board that a meeting occurs when a majority of members gather in one location or via teleconferencing to discuss items within the board’s jurisdiction, and highlighted that serial communications among members can create an unposted majority decision.
Cornwell used the terms "hub and spoke" and "chain or series of meetings" to describe how separate one‑to‑one contacts can connect into a majority consensus outside a public meeting, which would violate the Brown Act. He cautioned members against reply‑all and group messages that include a majority of the membership, urging that individual replies be sent to staff rather than the full board.
On closed sessions, Cornwell outlined the limited subjects that may be discussed out of public view (for example, litigation or negotiations) and said that, if necessary, remedies for Brown Act violations can start with a letter from the district attorney and may escalate to court orders that void actions taken without proper notice.
Cornwell also summarized Senate Bill 707, recently signed by the governor, saying it will take effect next July and aims to modernize teleconferencing rules. He said the law will expand permitted virtual participation in some jurisdictions and adds requirements such as translating agendas into the jurisdiction’s top three languages when certain language‑use thresholds are met—while noting that not all cities are required to provide the new technology, and funding for compliance is not specified in the statute.
Why it matters: the training underscores legal compliance risks for appointed bodies and highlights new statutory duties that could require local implementation decisions and possible budget commitments.
The training concluded with brief questions from board members and expressions of appreciation for the refresher. The authority then proceeded to adjourn the meeting by motion.
