In Preven v. City of Los Angeles, published March 4, 2019, the Second District Court of Appeal, Division 1 revsrsed a trial court order dismissing after demurrer a writ petition and declaratory relief action brought to enforce the Brown Act. During the public comment portion of an open committee meeting concerning a proposed real estate development near the petitioner's residence, the petitioner made a comment. The committee, which consisted of five members of the fifteen-member city council, voted to make a report and recommendation to the full council. The next day, a special meeting of the city council was held to decide whether to approve the committee's recommendation on the development. The petitioner attended the meeting, and requested the opportunity to comment on the development. His request was denied on the ground that he had the opportunity to comment on the agenda item at the committee meeting. The trial court sustained the city's demurrer on the ground that the "committee exception" applies to both regular and special meetings. The "committee exception" provides that a legislative body does not need to provide an opportunity for public comment at a regular meeting on any item that has already been considered by a committee made up exclusively of members of the body wherein all interested members of the public were permitted to comment on the item before or during the committee's consideration of the item.
The appellate court ruled that the trial court had misinterpreted the Brown Act. Government Code section 54954.3(a)'s plain language applies the committee exception to regular meetings, and not special meetings. The statute requires public comment on any item described in the notice for the meeting before or during consideration of the item. The city argued that the petitioner was permitted to address the item at the committee meeting, which was "before" the full council considered the item. The appellate court reviewed the legislative history of the statute, and concluded that the "before" term concerns timing of comments within a particular meeting. It does not restrict comments based on a prior distinct meeting.
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