Q: I’m trying to track down the California law that authorizes special districts. It almost seems as if once in place and appointed, the dependent districts fall off the radar and don’t want to be known about or have their actions/inactions challenged. The one I’m battling seems to have never heard of the Brown Act or the California Public Records Act, to name just two.
A: My review of the Government Code shows that there used to be a specific Chapter, containing sections 56450 to 56466, that specifically addressed special districts. However, these particular sections were repealed and replaced with the Reorganization Act of 2000, which begins with section 56825 of the Government Code. It looks like there are provisions within this section of the Government Code that address the formation of special districts. See, e.g., Gov’t Code section 56859 (formation proceedings); 56860 (proposal for formation of a new district made by petition); etc.
It seems that the Public Records Act would apply to special districts, since it specifies that the act applies to any “local agency,” which includes a “district.” Gov’t Code section 6252(a). The Brown Act applies to any “legislative body,” which includes any “body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body,” and also includes “[t]he governing body of a local agency or any other local body created by state or federal statute.” Gov’t Code section 54952(a)-(b). It seems that special districts would be covered so long as they are either created pursuant to state statute, or through some action by a legislative body (or bodies, if the district crosses jurisdictional lines).
To the extent that you are seeking information on the Brown Act generally, you may want to review the FAC’s website, which has general information on the Act, available here: https://firstamendmentcoalition.org/brown-act/frequently-asked-questions-about-the-brown-act/. Specific information about the Public Records Act may be found here: https://firstamendmentcoalition.org/category/resources/access-to-records
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC 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.