TransparentGov Novato v. City of Novato

The Novato City Council approved construction of a solar-panel carport and a bus-transfer facility. In December 2015, two new members were sworn in; the Council elected Eklund as mayor. The Council's first business meeting of the month, on December 15, primarily consisted of public comment about the projects. The policy manual allowed councilmembers to request orally that an item be placed on a future agenda. The Council discussed both projects during the council-comments portion of the meeting. Eklund asked that the bus project be placed on a future agenda; a majority disagreed. The Council voted to form a subcommittee to study the solar project. TransparentGov sent a letter claiming that the Council had violated the Brown Act (open meeting law, Gov. Code 54950) by discussing substantive aspects of the solar project and by voting to establish a subcommittee without public notice. The City responded that it would not in the future establish subcommittees without first placing the issue on the posted agenda. In 2016, the Council amended its policy to prohibit councilmembers from orally asking for an item to be placed on a future agenda. The new policy requires a written request that must be included in the agenda package for the meeting. TransparentGov sought a declaration that the 2015 meeting violated the Brown Act. The court of appeal affirmed the denial of the petition for a writ of mandate and declaratory relief. TransparentGov failed to demonstrate a justiciable controversy warranting relief. Resolving whether the discussions that took place at the meeting violated the Brown Act is unnecessary to guide any future behavior that is likely to occur. View "TransparentGov Novato v. City of Novato" on Justia Law