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I ®A <br />BEST BEST & KRHEGER �i <br />ATTORNEYS AT LAW <br />of Brown Act body members have congregated in the same place: Just count them. And <br />when they do so congregate (other than at a noticed public meeting), they cannot <br />discuss their Brown Act body's business. <br />No SERIAL MEETINGS <br />Even when they have not congregated in one place, the Brown Act still prohibits <br />communications among a majority or quorum of members about their Brown Act body's <br />business. ((Gov. Code § 54952.2(b)(1).) That means that, outside of a meeting, a <br />majority of members must not communicate indirectly —through intermediaries or <br />technology— about business: <br />(b)(1) A majority of the members of. a legislative body shall <br />not, outside a meeting authorized by this chapter, use a <br />series of communications of any kind, directly or through <br />intermediaries, to discuss, deliberate, or take action on any <br />item of business that is within the subject matter jurisdiction <br />of the legislative body. (Gov. Code § 54952.2(b)(1).) <br />No one and nothing may be used to facilitate relevant communications among a <br />majority of Brown Act body members outside of a meeting: not a staff person, not a <br />member of the public, not an email forward, not a Facebook page, etc. These types of <br />communications among a majority of Brown Act body members (made through <br />intermediaries or technology and not while congregated in one place) are called "serial <br />meetings." <br />Serial meetings pose a special danger because they can occur unintentionally. <br />Avoiding illegal serial meetings requires Brown Act body members to know the dangers <br />and take affirmative steps to avoid them. These guidelines will help. <br />93939.0020EU 1180968.1 -2- <br />This product provided under the Public Policy & Ethics Group Program <br />