Q: Several property owners within a Community Services District have been denied items to be placed on the agenda for consideration. Can they continue to do this ?
A: The Brown Act itself does not mandate procedures for placing items on an agenda (though it does say that “a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may … take action to direct staff to place a matter of business on a future agenda,” Govt. Code Section 54954.2 (a)(2)). Often the legislative body’s bylaws or regulations will dictate how items may be placed on the agenda, so it might be worth checking on what kind of internal guidelines the CSD may have adopted.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.