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B. THE DISTRICT ATTORNEY AND ANY INTERESTED PERSON MAY BRING
AN ACTION TO SET ASIDE A DECISION MADE IN VIOLATION OF THE
BROWN ACT: A DEMAND FOR CURE AND CORRECTION IS FIRST
REQUIRED

The district attorney or any interested person may commence an action to
determine that an action taken by the legislative body is null and void because of violation of the
Brown Act. Before bringing such an action, demand must be made to correct the alleged
violation within thirty (30) days from the date the action was taken, except that if the alleged
violation occurred in a closed session, demand must be made within ninety (90) days.

(Government Code §§ 54960, 54960.1; Olson v. Hornbrook Community Services District (2019)
33 Cal.App.5th 502.)

C. THE DISTRICT ATTORNEY AND ANY INTERESTED PERSON MAY BRING
AN ACTION TO ADDRESS PAST VIOLATIONS OF THE BROWN ACT: A
CEASE-AND-DESIST LETTER IS FIRST REQUIRED

In 2012, the Legislature approved statutory changes to address the situation of
agencies repeatedly violating the Brown Act and either curing the violation if action was taken,
or otherwise subsequently complying with the Brown Act, thereby avoiding legal action and an
award of attorneys’ fees, leaving no effective remedy. Government Code section 54960.2 allows
the district attorney or any interested person to bring an action to specifically address past
violations of the Brown Act.

Before initiating such an action, the district attorney or interested person must
submit a cease-and-desist letter to the clerk or secretary of the legislative body setting forth the
alleged violation. The letter must be sent within nine months of the alleged violation and the
legislative body then has 30 days to provide an unconditional commitment to cease, desist from,
and not repeat the past action that is an alleged violation of the Brown Act. The legislative body
need not admit a violation. Specific language that must be used is set forth in the statute. It is
recommended that an unconditional commitment include specific actions, such as a formal
policy change.

If the legislative body fails to provide the unconditional commitment, legal action
may be instituted within 60 days. The legislative body may subsequently rescind the
commitment, which will then allow legal action to be commenced.

The cease-and-desist letter is not a requirement to address ongoing or threatened
future actions of the legislative body through declaratory and injunctive relief.

(TransparentGov Novato v. City of Novato (2019) 34 Cal.App.5th 140; Olson v. Hornbrook
Community Services District (2019) 33 Cal.App.5th 502; Center for Local Government
Accountability v. City of San Diego (2016) 247 Cal.App.4th 1146; Government Code §§ 54960,
54960.2)

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