Question
During a hearing on a massive development project the several county supervisors walked around the room, talked on cell phones, or to each other or staff, worked on their computers and otherwise did not listen to any of the public testimony. This is particularly discouraging because this is a massive project with terrible impacts to our community. Does failure to pay attention to the testimony being giver or discussing the matter privately between themselves constitute a Brown Act violation? If so, is the deadline for sending a cure and correct letter 30 days?
Answer
Although the Brown Act does require that local agency governing board meetings be open to the public, and that the public be permitted to address the board regarding any item within the agency’s jurisdiction, Govt. Code section 54954.3(a), the Brown Act does not require that any Board member pay attention to those comments.
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