Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.
If the board is changing due to an election, can the new board bring forth an agenda item previously voted down by the old board?
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A:
Yes, a new board can bring forth an agenda item that was previously voted down by the old board. The Brown Act does not prevent a board from reconsidering items that were previously discussed or rejected. This is particularly relevant when a new board, formed after an election, may have different priorities or viewpoints.
However, any new discussion or vote on the item must still comply with all Brown Act requirements. This includes proper public notice and allowing for public comment on the issue.
If the new board wishes to bring the item back, they should ensure that all procedural rules are followed, providing transparency and public involvement in the decision-making process.
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