Brown Got You Down??

Are you being accused of violating the Brown Act by someone who is using it to bully you into inaction? Consider whether the alleged violation is legitimate. If you do not believe it is, or even doubt its legitimacy, you should consider simply responding, “The proper method for addressing Brown Act Violations is to file a Cure and Correct.” This will redirect the attack to where it belongs: with the group. This further provides the advantage of placing the burden of research on the person making the accusation to cite the specific violation.

The Penalty

Violating the Brown Act is a Misdemeanor: “Each member of a legislative body who attends a meeting of that 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, is guilty of a misdemeanor.”
(Amended by Stats. 1994, Ch. 32, Sec. 18.)

The District Attorney, or any interested person, may bring a civil action to prevent further violations, or to have actions taken in violation of the Act declared null and void.

It is important to note that no one has ever been successfully prosecuted for a violation of the Brown Act. For more information, please refer to the First Amendment Coalition article on Brown Act Enforcement.

The Process

You might find yourself on either end of a Brown Act violation. If you witness a Brown Act violation and wish to correct it, you should bring it to the attention of the presiding officer for immediate correction. If he or she chooses not to correct it, refrain from attacking individuals and file your Cure and Correct. The body that you are filing it against will then have 30 to 90 days to respond to your letter. Hopefully, by this point the problem will be resolved. If it is not resolved you would then have 15 to 60 days to file a complaint in the Superior Court of appropriate Jurisdiction.

The Point

Always strive to follow the provisions of the Brown Act. The act is intended to make governmental bodies transparent and beholden to the people they serve; however, don’t let any individual or group control and thwart your every action.