SB 1003 Amends Brown Act -- Cease & Desist Letter Required Prior to Bringing Complaint About Past Board Action

SB 1003 amends the Brown Act and adds section 54960.2 to the Government Code, which prohibits a district attorney or any interested person from filing an action to determine the applicability of the Brown Act to past actions of a legislative body unless the following conditions are met: (1) the district attorney or interested person submits a cease and desist letter that clearly describes past action of the legislative body and the nature of the alleged violation, and (2) within 30 days from receipt of the letter, the legislative body fails to issue “an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate” the Brown Act.

The cease and desist letter, pursuant to SB 1003, is in addition to the traditional cure or correct remedy for alleged continuing violations, which continues to exist under the Brown Act.  Public agencies should familiarize themselves with the new requirements, which include prescribed timelines for presenting allegations to the legislative body, and for the legislative body to respond.

For more information, read the entire KMTG Legal Alert.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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