Q: My question pertains to a California Municipal Public Agency subject to the Brown Act and other open meeting laws.

A: What do you mean "initiate?"

A: Quite simply, if this involves a municipality, you should not be facing this alone. If you have a valid concern there should be dozens (and eventually thousands) of other citizens to support you.

A: In California, board members of a municipal public agency do have fiduciary responsibilities, which means they must act in the best interests of the agency and its constituents. These responsibilities include duties of care, loyalty, and obedience to the law. Acting independently to initiate a large payment to an independent contractor without the board’s knowledge or approval could breach these duties and lead to serious consequences.

The Brown Act requires that decisions by a municipal board, especially those involving significant expenditures, be made in open meetings where the public has a right to observe and participate. A board member acting alone to authorize such a payment could violate these open meeting laws and face potential legal action. The board as a whole typically must approve contracts, especially those involving substantial amounts of money.

If a board member has acted without proper authority, the payment could be challenged, and the member may be held personally accountable. It may also create grounds for removal from the board, depending on the agency’s bylaws and relevant state laws. You may want to consult with legal counsel or contact your municipal agency for guidance on how to address this issue.