My question pertains to a California Municipal Public Agency subject to the Brown Act.

Question

We have a situation where two board members, the president and secretary, secretly co-signed a check (about $9,000) payable to a staff member who was an independent contractor at the time, but currently is no longer associated with the nonprofit. There seems to be no legitimate reason nor documentation to justify this payment.  These two board members never sought nor received board approval nor advised the board after the fact. Their action was discovered serendipitously. The executive director (staff) has now done an investigation which will be presented to the board at the next board meeting. The investigation includes interviews with the participants. My concern is that the executive director presentation will be done verbally. I have requested a written report so the public, myself included, may see the report prior to the meeting in order to make meaningful public comments. What is your legal analysis?

James L. Arrasmith · Answer

Under the Brown Act, the public has the right to access materials related to items on a public agency's meeting agenda. If the executive director's report about the investigation into the unauthorized payment is part of the agenda, it should be made available to the public upon request. Providing a written report prior to the meeting is crucial for transparency and meaningful public participation.  
 
The board members' action of issuing a check without board approval raises concerns about violations of fiduciary duties and potential misuse of funds. If the payment was unauthorized and lacks proper documentation, it could constitute financial misconduct. These matters should be thoroughly investigated, and the findings should be shared with the public to ensure accountability. 
 
To address your concern, you may formally request that the executive director's findings be documented in writing and distributed to the board and the public before the meeting. If the agency refuses, it might be necessary to consult legal counsel or consider escalating the matter to ensure compliance with the Brown Act and proper governance practices.

Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.