19C - REPORT LETC COMMITTEE - Laserfiche WebLink

Home Browse Search

Exhibit 1 BROWN ACT VIOLATIONS Existing Methods of Reporting Brown Act Violations 1. OC District Attorney's Office — Special Prosecution Unit 2. Grand Jury (authorized under AB1945) 3. Attorney General How to report violations 1. Majority Vote of the City Council in Open Session 2. Member of the Public submit to Enforcement Agency Caution — Legislative Actions May be Voided Meetings of public bodies must be "open and public," actions may not be secret, and action taken in violation of open meetings laws may be voided. (§§ 54953(a), 54953(c), 54960.1(d)) What are the Penalties for Violating the Brown Act? If you are a public official, you need to take the Brown Act seriously. There are both criminal and civil penalties for violating the Brown Act. Participation in unauthorized meetings is a misdemeanor. There are specific remedies available for disclosure of confidential information obtained in closed session. An action for an injunction or declaratory relief for violations of the Brown Act may be brought by any interested person or by the District Attorney. The court may order the action taken by the legislative body null and void. Prior to bringing an action, however, the complainant must make a demand on the legislative body to cure the defect. If the legislative body fails to cure, then the complainant may file suit. Action by the legislative body will not be null and void if: 1. The legislative body substantially complied with the provisions of the Brown Act. 2. The action involved the sale or issuance of notes, bonds or a contract with a third party. 3. The action was taken to collect a tax. 4. If the person had actual notice of the item of business within 72 hours prior to the meeting (or 24 hours for a special meeting) despite the lack of agenda. 5. A court may award court costs and reasonable attorneys' fees to any successful plaintiff. Local agencies may be entitled to attorneys' fees where the case is found to be frivolous and without any merit. Because the penalties for violation of the Act can be severe, it is imperative that all public officials acquaint themselves with the provisions of the Brown Act. The Act applies to legislative bodies of local agencies. Remember that a meeting includes every gathering of the majority of the members of the legislative body, with certain limited exceptions. All meetings must be noticed with a posted agenda containing the necessary elements --a description of each item to be discussed, time and place of the meeting, and an opportunity for the public to address the legislative body. The reason for any closed session must be disclosed both on the agenda and orally prior to convening the closed session. Following the closed 19C-3