Novato Council Did Not Violate Brown Act, Court Rules

NOVATO, CA – The Novato City Council did not violate state public meeting laws during its discussions of two projects, a Marin County Superior Court judge recently ruled.

According to court documents, Judge Stephen Freccero determined that there was no violation of the Ralph M. Brown Act on Dec. 15, 2015, when the council discussed whether to place two items on future agendas.

“The court has confirmed that we compiled with the Brown Act,” Mayor Denise Athas said in a statement. “We will continue to be committed to transparency and dedicated to improving community engagement.”

At the time in question, the council took no action to place the items – the Hamilton solar carport and the design of the Redwood & Grant bus station – on a future agenda. But because discussions took place, a group named TransparentGov Novato sued the city, claiming that the council talked about these projects for too long and in too much detail, and therefore, violated the Brown Act.

The Brown Act guarantees the public's right to attend and participate in meetings of local legislative bodies.

According to the ruling, the council's discussions "were preparatory to voting on whether to place the issues of revision/reconsideration of these projects on a future agenda and did not take any more time than was reasonably necessary for the members to become informed."

In a press release, officials stated the city "has always maintained that it had adhered to the Brown Act, and strengthened its commitment to the state law last year by modifying a council policy, consistent with the Brown Act, eliminating arbitrary limitations on the time allowed for discussion on items proposed for future agendas."

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