Conducting agency business in public can be complicated. It requires staff, administrators, and board members to strictly adhere to ever-changing laws, impacting meetings, communications, timelines, and use of technology. As general counsel, Lozano Smith attorneys join alongside publicly elected boards, and routinely advise on the most pressing governance issues, including:
- Brown Act
- Public Records Act
- Political Reform Act
- California Voting Rights Act
- Conflicts of interest
- Gifts and perks
- Elections
- Ethics and board service
- E-Communication and open government
- Board/Administration: roles & responsibilities
- Public Safety
Effective Governance Workshop
Recognizing the need for leaders to remain well-informed of critical issues while successfully conducting the public’s business, Lozano Smith created a cutting-edge workshop for board members and City Council members. This workshop walks through practical strategies for effective governance, including:
- Allowable closed session topics
- Maintaining confidentiality of closed session discussions
- Regular and special meetings of the board
- Board bylaws
- The Public's Role at Board Meetings
- Establishing Positive Relationships
- Regular and Special Meetings of the Board
- Board Member Conduct and Liability
- Effective Communication Between Board Members
- Tips for Effective Communication with the Public
Brown Act
We regularly advise clients on the open meeting requirements of the Ralph M. Brown Act and routinely provide individualized trainings to address specific needs of our clients. We have also successfully defended Brown Act suits at the trial and appellate levels. For example, Duval v. Board of Trustees (2001) 93 Cal.App.4th 902 established the principle that a legislative body may conduct comprehensive personnel evaluations in closed session, including a discussion of evaluation criteria and setting goals for future performance.
The firm also publishes annual handbooks and materials available at no cost for clients to use in understanding and complying with the Brown Act.
Public Records Act
We assist our clients in responding to Public Records Act requests from receipt of an initial demand through completion. Our attorneys and paralegals routinely deal with unique issues such as requests for salary or personnel information, electronic documents, documents related to closed-session meetings or pending litigation. All Lozano Smith attorneys are well versed in the Public Records Act and remain abreast of recent legislation and case law, understanding how each impacts our client’s obligations to maintain and disclose public records.
Conflicts of Interest
We frequently train and advise clients, including the elected board, regarding a wide range of conflicts of interest and ethics issues. Often, we counsel public agencies on: understanding public officials’ obligations to disclose their economic interests; identifying conflicts of interest; abstaining from participating in certain governmental decisions; and properly disclosing potential conflicts at public meetings.
Board Counsel and Support
Lozano Smith attorneys, as general counsel, guide and support public elected boards through creation and implementation of board policies, media relations, communication with the public, election issues, political activity, and conflict of interest issues, including the proper conduct of candidate and ballot measure elections. The firm’s attorneys advise on many election-related topics, including:
- Timing and conduct of elections, election contests and voter registration issues
- Trustee elections, including moving to by-trustee area elections
- Restrictions on use of agency equipment and media for political purposes
- Political activity on campus by board members, staff, and third parties
- Guidelines for mass mailings sent at public expense
- Lobbying and campaign finance regulation
New Laws Expand Financial Disclosure Requirements and May Allow Public Campaign Funding
January 7, 2026 Number 1 Recent legislation signed by Governor Newsom provides significant amendments to the Political Reform Act of 1974 (Political Reform Act). Assembly Bill (AB) 1286 requires public agency officials to disclose accepted job offers from employers on a newly published attachment to their Form 700s. Subject to voter approval, Senate Bill (SB) 42 would allow candidates to use limited public funds for campaigns, which is currently prohibited.Background The Politica...
New California Laws Affecting Groundwater Sustainability Agencies: AB 293 and AB 709
January 7, 2026 Number 2 Governor Newsom signed two bills this past October that directly impact California’s Groundwater Sustainability Agencies (GSAs). Assembly Bill (AB) 293 requires GSAs to modify their websites on or before January 1, 2026, to include information on their board of directors and executives. AB 709 clarifies that GSA coordination agreements may be amended outside of the Department of Water Resources (DWR) review cycle. Assembly Bill 293 AB 293 see...
Legislature Significantly Increases Statutory Ceiling on Compensation for School Board Members
December 31, 2025 Number 62 Effective January 1, 2026, the maximum monthly compensation for school board and county board of education members allowed by statute will be five times the current maximum amount. According to its author, Assembly Bill (AB) 1390 is designed to adjust compensation levels to account for inflation and the increased responsibilities of board members.BackgroundThe maximum amount for board member compensation is limited by statute. Boards may set their comp...
Legislature Makes Multiple Technical Changes to the Brown Act
December 18, 2025 Number 59 On October 3, 2025, Governor Gavin Newsom signed into law Senate Bill (SB) 707, which will go into effect on January 1, 2026. SB 707 makes significant updates to the Ralph M. Brown Act (Brown Act), with the intent of reducing barriers to public participation at meetings held by legislative bodies. The bill extends rules for teleconferencing / remote participation in meetings, and streamlines requirements for the same. The Brown Act requires meetin...
New Fiscal Training Requirements for Local Agency Officials
November 12, 2025 Number 50 Effective January 1, 2026, Assembly Bill (AB) 640 and Senate Bill (SB) 827 will require school boards, city councils, county boards of supervisors, and special district governing boards, as well as elected and certain administrative officers of cities, counties, and special districts, to receive mandatory training on budgetary and financial legal matters specific to each type of agency. AB 640: Local Educational Agency Official – School Finance Training Wh...
California Court of Appeal Addresses Disruptions of Public Meetings Under the Brown Act
November 5, 2025 Number 48 The California First District Court of Appeal recently ruled in Berkeley People’s Alliance v. City of Berkeley (2025) 114 Cal.App.5th 984, that the City of Berkeley may have violated the Ralph M. Brown Act (Brown Act) when it moved several City Council meetings to smaller rooms in response to public disruptions. The Brown Act, codified in Government Code section 54950 et seq., is California’s open meeting law and it guarantees the public’s ...
Mahmoud v. Taylor: Supreme Court Affirms Parental Opt-Out Rights in Curriculum Dispute
July 2025Number 28The Supreme Court has held that the parents of elementary school students challenging a school board’s introduction of LGBTQ+-inclusive storybooks, along with the board’s decision not to provide notice or allow opt outs, are entitled to a preliminary injunction. In doing so, the Court has broadened the range of policies that may be subjected to strict scrutiny for First Amendment Free Exercise challenges, indicating that policies that “substantially interfe...
