Write a review of FAC to help us keep our Top Rated Nonprofit status!

Asked and Answered

Water Board repeatedly violates Brown Act

December 31, 2010

Question

I recently attended a meeting of a publicly-elected Water Board. There were three Brown Act violations during the meeting. One of the violations was attempted and the attorney for the Board interrupted the Board and informed them that they were in violation of the Brown Act.

Subsequently, this same Board held an opening of a facility. They did not put the meeting on the calendar of the Board. Nor did they post a Board meeting announcement. Four of the five Board members were present.  There seems to be a pattern of Brown Act abuse.

Answer

As an initial matter, please note that it is possible that the board members’ attending the facility’s opening ceremony would not violate the Brown Act.

The Brown Act provides that its requirements do not apply to:
“[t]he attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency”Govt. Code Section 54952.2(c)(5).
It sounds like even if attending the facility opening did not violate the Brown Act, however, you suspect that other actions by the Board did. If you wish to pursue legal action, you may be able to find an attorney to assist you through the First Amendment Coalition’s Lawyer’s Assistance Request Form at

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.