There are so many complex ins and outs to the law, that's why we've
decided to start posting "Refreshers" on some of the most common laws
that school districts encounter, including the Brown Act, the California
Public Records Act, conflicts of interest, discipline/dismissals, and
leave. These posts are intended to draw your attention to provisions of
the law that might be overlooked or forgotten -- sometimes we just need
a little refresher!
Brown Act Mistake: Using email to debate rather than update.
Why This Is A Problem: Using email communication to debate an issue, rather than discussing the issue in open (or closed) session, may constitute a serial meeting. Serial meetings are a series of communications, each of which individually involves less than a quorum, but when viewed as a whole, involve a majority of the board's members. Serial meetings can be done in person, over the phone, or via email communication. Serial meetings violate the Brown Act if they are done for the purpose of developing a concurrence as to action to be taken, including discussing or debating issues. The intent of the Brown Act is for board deliberation and action to be taken openly, and serial meetings violate this goal of transparency.
Brown Act Solution: Email should be used to update board members, but should never be used to discuss or debate issues. Discussion meant to develop a concurrence should instead be made in an open meeting (or closed session when legally appropriate).
Meghan Covert Russell
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