Question
I serve on a five-member special district board. Early this month, I attempted to bring public awareness to a hazardous condition on public property leased by a developer during a publicly noticed joint advisory committee meeting.
The County DA is threatening me with a Brown Act violation for attempting to speak out. I never actually made my comment during the committee meeting because the committee walked out of the meeting three times and blocked me from commenting on the safety concern.
I understand that I should not have spoken during the committee meeting because of quorum concerns. However, I felt it was most important to alert the public about the safety concern and it was apparent that the committee would not address it. An official report details that the safety concerns have been covered up. I was planning to speak about the report, it’s a public record however it’s not been shared with the public.
The advisory committee chair is the CEO of the local Chamber of Commerce and an elected city council member. The Chamber of Commerce has been promoting the developers project on Facebook and Twitter.
I have never opposed the development project and I have no conflicts of interest.
Is it appropriate for the DA to charge me with a Brown Act violation in this situation?
Answer
The Brown Act creates misdemeanor liability for members of a body who attend a meeting where action is taken in violation of any provision of the 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 under the Brown Act.” Government Code section 54959. It sounds like the DA is alleging that you made statements that were procedurally improper – that is, that you spoke when you shouldn’t have. Even if true, it is difficult to imagine how doing so could implicate an intent to deprive the public of information.
If you are looking for an attorney to represent you with respect to the allegations, you might be able to find one through the Bar Association’s lawyer referral service.
Bryan Cave 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. No attorney-client relationship has been formed by way of this response.
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