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

Question

If a board member suspects there is financial misconduct committed by their organization, what is the board members’ responsibility to report the misconduct, and to whom do they report it?

James L. Arrasmith · Answer

If you, as a board member of a California Municipal Public Agency, suspect financial misconduct within your organization, you have a duty to act in accordance with your responsibilities under the Brown Act and relevant laws governing public agencies. Your role as a board member requires you to ensure transparency and accountability, and this includes taking steps to address any suspected wrongdoing. 
 
First, review your agency’s bylaws and policies, as they often outline specific procedures for reporting misconduct. Typically, you would report your concerns to a designated ethics or compliance officer within the organization. If no such role exists, you may need to bring the matter to the attention of the full board during a properly noticed public meeting, provided it complies with the Brown Act's requirements for transparency. 
 
Additionally, you might consider reporting the suspected misconduct to an external authority, such as the city or county attorney, or a relevant oversight body like the California State Auditor or the Fair Political Practices Commission (FPPC), depending on the nature of the misconduct. Taking these steps can help protect the integrity of the organization and fulfill your legal and ethical duties as a board member.

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