This guide is designed to help citizens understand their rights under the Brown Act. The Act assures citizens that the affairs of the government are open and transparent. As shown below, failures to comply can result in the voidability of certain legislative acts.
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What Does the Brown Act Do for Me?
The Brown Act is designed to make sure that all meetings of local legislative bodies are open for public attendance and comment. This ordinarily means that agendas must be posted, time for public comment must be allowed, and some type of recording (minutes, tapes, stenography, video) must be had with respect to the meeting. The Act also prevents officials from coming to consensus before they take the dais. In theory, the deliberation of these officials is supposed to be open to the public. The people of this State do not yield their sovereignty to the agencies which serve them. "The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." California Government Code ("GC") § 54950. The Open Meetings Act is mostly set forth at GC §§ 54950-54963.
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What Types of Meetings Are Covered by the Act?
Generally speaking, any meeting which involves a quorum/majority of sitting legislators must be noticed, given an agenda, and made open. Also, it is is important to note that all elected officials, even if not seated yet, are required to act in accordance with this law. Normally, the need for open meetings will occur with proposed ordinances, redevelopment decisions, environmental decisions, granting of certain contracts, the hiring of a city manager, enactment of moratoriums (i.e., against development or medical marijuana dispensaries), and with respect to the adoption of written policies of just about any significant importance. If the ultimate decision of the governmental body will cost the public significant money or affect the way in which citizens live, the decision will likely be covered by the Act. Should you have specific questions, please check out the information links posted below this article.
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What are the Exceptions to the Act?
Generally, the most common exceptions to open meeting requirements are the litigation and personnel privileges. In other words, legislative bodies have a right to discuss legal matters in private and contracts with non-official or non-elected personnel are often kept secret so as to preserve the privacy of the affected individuals. A more detailed list of exceptions is set forth in the California Attorney General's Guide to the Ralph M. Brown Act. The website link to this important guide is set forth below this article.
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What Happens if They Violate the Act?
Any acts taken in violation of the act can essentially be voided and the violating agency will be required to 'go back to square one.' Most often, if a timely demand to cure is sent, the governmental agency will respond by a letter denying liability or it will voluntarily engage in a 'do-over.' Professional experience tells this author that most agencies will attempt to avoid litigation because of the costs associated with it. It is just often easier for them to do it right all over again since, most of the time, they already have their staff reports and are prepared to decide all over again. However, every now and again, a recalcitrant or arrogant local government will force the issue to prove some kind of point. A true violation of the Open Meetings Act will be fairly apparent on its face. Don't be afraid to take action.
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When Do I Call an Attorney and What Can I Do to Remedy the Violation?
You need to call an attorney right away. There are strict timelines for challenging violations of the Act. Unfortunately, the Act does not have as much power as may need in order to be complete effective. Nevertheless, if a violation is alleged, and the challenge is timely made, a court can actually undo whatever act or legislation was passed during a violation. Finally, attorneys fees may be awardable to the prevailing party in a Brown Act dispute. Most attorneys who practice in this area understand that such cases may be pro bono, on a hybrid retainer, or by other means that help the citizen and result in an award of attorneys' fees later. Please do not be afraid to exercise your rights. The Open Meetings Act is designed to protect citizens from unlawful conduct by their elected officials. This conduct can only be kept in check through the vigilance of citizens who are concerned and willing to stand up to be heard.
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