Brown Act Training and Special Council Meeting - January 21, 2026

The Sunol Citizens Advisory Council (SCAC) held a special meeting on January 21, 2026, at 6:30 PM (Timezone not specified) for a Brown Act training led by Deputy County Counsel Melanie O'Brien. The meeting began with introductions of incoming council member Ian McLean and farewell to departing staff member Shibana. The training covered key Brown Act requirements, including open meeting rules, unlawful serial meetings, teleconferencing changes under SB 707 (effective January 2026), public comment procedures, agenda requirements, and consequences of violations, including potential criminal liability. Council members and public speakers engaged in discussion about applying these rules to their historically informal, town hall‑style meetings.

Public Comments & Testimony

• A long‑time resident expressed support for the new Brown Act rules regarding unruly speakers, noting the community’s reliance on the council as a go‑between with the Board of Supervisors. He asked about changes to speaker identification procedures; the chair clarified that speaker cards are requested but not mandatory.
• Another speaker found the training’s guidance that “council members should avoid engaging in a back and forth with the public” concerning, stating it undermines transparency. Deputy Counsel O’Brien clarified that such engagement is not prohibited but is not required, and advised that managing public comment time equitably is the primary concern.
• A speaker asked whether a member of the public could use a Public Records Act request to investigate potential Brown Act violations. Deputy Counsel O’Brien declined to advise the public, directing the speaker to private counsel.
• Council member‑elect Ian McLean asked about one‑on‑one conversations with constituents regarding ongoing issues. The chair and deputy counsel explained that such discussions are permissible as long as no quorum is involved and the member does not use intermediaries to convey opinions to other members.

Discussion Items

• Brown Act Training (Item 12M): Deputy Counsel O’Brien presented the following topics:
  • Open Meeting Rule: All meetings must be open to the public; exceptions are narrowly construed.
  • Unlawful Meetings: Pre‑meetings, post‑meetings, and serial meetings (including “hub‑and‑spoke” and inadvertent chains of communication) are prohibited. Examples included parking‑lot discussions and using staff to pass opinions.
  • Social Media: Members may use social media to answer questions or solicit input, but may not deliberate, react (e.g., “likes”) to other members’ posts, or share opinions that could create an unlawful meeting.
  • Teleconferencing: Three options exist (traditional, just cause, disability accommodation). Traditional teleconferencing requires posting the remote location on the agenda and allowing public access. Just cause teleconferencing (including illness, caregiving, or two meetings per year for other reasons) requires a quorum in person and disclosure of the statutory basis. A new “eligible subsidiary body” (ESB) category allows entirely remote meetings if the Board of Supervisors authorizes it, with findings renewed every six months.
  • Agenda Requirements: Descriptions must be specific enough for a reasonable person to understand the item. Action items should clearly state the potential action. General announcements and requests to agendize future items do not need to be on the agenda.
  • Public Comment: The public has the right to speak on agenda items (specific comment) and on other matters within the council’s jurisdiction (general comment). Reasonable time limits may be set. Unruly speakers may be warned and, if necessary, excluded.
  • Consequences of Violations: Violations can invalidate actions, expose the county to attorney fees, and result in misdemeanor charges for members who intentionally deprive the public of information.
• Council Q&A on Implementation: Council members raised questions about how to write agenda descriptions that telegraph potential actions without predisposing outcomes, and how to use ad hoc subcommittees (less than a quorum) to develop recommendations outside noticed meetings. Deputy Counsel O’Brien suggested using ad hoc subcommittees to work on issues and bring specific action items to a future meeting. She also offered to provide resources on subcommittee formation.
• Microphone and Accessibility: The chair acknowledged the need for better amplification for public speakers, noting that a microphone was lost after a system change. The council agreed to explore adding a speaker microphone.

Key Outcomes

• No votes, motions, or formal actions were taken during this special training meeting.
• The council acknowledged that it must transition from a town‑hall style to a more structured business meeting format to comply with the Brown Act, while still seeking community engagement.
• The council will consider forming ad hoc subcommittees to expedite work on specific issues without violating the Brown Act.
• Staff will investigate reinstalling a microphone for public speakers to improve audibility.