The Brown Act

What is The Brown Act?

"The Brown Act was enacted in 1953 to guarantee the public's right to attend and participate in meetings of local legislative bodies, and as a response to growing concerns about local government officials' practice of holding secret meetings that were not in compliance with advance public notice requirements."

https://vcrma.org/

The Ralph M. Brown Act-at-a-Glance

Summary of The Brown Act

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A Guide To Brown Act Changes Starting January 1, 2023 - Procopio

A&A: How to file a Brown Act complaint

Accessing Public Meetings

FAQs | State of California - Department of Justice, Office of Attorney General
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According to The Brown Act: Special meetings – Agenda must be posted 24 hours in advance.

Copies of agendas and other writings distributed to all, or a majority of all, of the

members of a legislative body in connection with a matter subject to discussion or

consideration at an open meeting of the body. This criteria was not met.

Criminal penalties & Civil remedies:

Criminal penalties = prosecution for misdemeanor if a member of a legislative body attends the meeting of the legislative body where action is taken in violation of any provision of this chapter and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter.

What are the penalties & remedies for violating the Act?

Notice & demand for cure.

1) Written demand must be made within 30 days if demand relates to agenda posting requirement and the action was taken in open session.

2) Otherwise, demand must be made within 90 days.

3) Legislative body must cure within 30 days or notify the demanding party that it will not cure.

4) Demanding party can initiate litigation to compel compliance and if successful, may be awarded attorney fees and court costs.