Court of Appeal Denies Rehearing of Its Decision that Resident Stated a Claim against City for Violation of the Brown Act's Requirement that City Council Meetings be Open and Public

December 9, 2006, by Meyers Nave

On November 30, 2006, the Court of Appeal denied rehearing of its opinion entered in Wolfe v. City of Fremont. In Wolfe, the Court held that a City resident successfully stated a claim for violation of the sections of the Brown Act (California Government Code section 54950 et seq.) that prohibit the legislative body of a local agency from conducting nonpublic meetings.

Specifically, the Court held that the City Council of Fremont violated the Brown Act by privately discussing a new policy promulgated by the city's police department. The Court further held that the resident's allegations led directly to the inference that the council members had reached a consensus through nonpublic discussions that took place among them, thereby violating the Act.

To view the Court's denial of rehearing of Wolfe v. City of Fremont, click here.

To view the entire opinion of Wolfe v. Fremont, click here.

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