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Asked and Answered

Councilmember penalties for Brown Act violations

June 14, 2009

Question

What are the penalties for a City Council member who violates the Brown Act?

Answer

A member of a City Council can be guilty of a misdemeanor under certain circumstances. Specifically, under California Government Code section 54959, each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of the Brown Act, 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” is guilty of a misdemeanor. Please note that the member must have the “intent” to deprive the public of information to which it is entitled.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.