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or any interested person to commence an action to determine the applicability of this chapter to
ongoing actions or threatened future actions of the legislative body.

(4) Except as provided in subdivision (d), the fact that a legislative body provides an
unconditional commitment shall not be construed or admissible as evidence of a violation of this
chapter.

(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c),
the legislative body shall not thereafter take or engage in the challenged action described in the
cease-and-desist letter, except as provided in subdivision (e). Violation of this subdivision shall
constitute an independent violation of this chapter, without regard to whether the challenged
action would otherwise violate this chapter. An action alleging past violation or threatened
future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960,
without regard to the procedural requirements of this section.

(e) The legislative body may resolve to rescind an unconditional commitment made pursuant to
subdivision (c) by a majority vote of its membership taken in open session at a regular meeting
as a separate item of business not on its consent agenda, and noticed on its posted agenda as
“Rescission of Brown Act Commitment,” provided that not less than 30 days prior to such
regular meeting, the legislative body provides written notice of its intent to consider the
rescission to each person to whom the unconditional commitment was made, and to the district
attorney. Upon rescission, the district attorney or any interested person may commence an action
pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought
pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of
this section.

54960.5. Costs and attorney fees

A court may award court costs and reasonable attorney fees to the plaintiff in an action brought
pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the
local agency has violated this chapter. Additionally, when an action brought pursuant to Section
54960.2 is dismissed with prejudice because a legislative body has provided an unconditional
commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-
day period for making such a commitment has expired, the court shall award court costs and
reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to
issue the unconditional commitment. The costs and fees shall be paid by the local agency and
shall not become a personal liability of any public officer or employee of the local agency.

A court may award court costs and reasonable attorney fees to a defendant in any action brought
pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination
of such action and the court finds that the action was clearly frivolous and totally lacking in
merit.

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