Fresno County Courthouse — Photo: National Archives — Public domain, via Wikimedia Commons
Fresno Superior Court Rules City Council Violated Open Meetings Law in Budget Deliberations
A Fresno Superior Court judge has ruled that the Fresno City Council violated California’s open meetings law by conducting budget committee meetings behind closed doors for years without public notice or opportunity for residents to attend.
The ruling found the city in violation of the Ralph M. Brown Act, the state law guaranteeing the public’s right to attend and participate in meetings of local government bodies. Beginning in 2018, the City Council’s budget committee negotiated Fresno’s proposed annual budget in secret, the court determined.
The First Amendment Coalition and ACLU Foundation of Northern California filed the lawsuit in November 2023 after first sending a letter demanding the city stop crafting its annual budget in secret. The city responded by claiming the budget committee was an “ad hoc committee” not subject to the Brown Act, despite the council itself voting in January 2023 to make it a standing committee subject to open meeting laws.
The court’s decision confirmed the Budget Committee is a standing committee subject to California’s open meetings law, and that the city violated the law by failing to post agendas, open meetings to the public, or prepare minutes. The committee had been making decisions on a $1.87 billion budget without public input opportunity, according to the ACLU.
The Breakdown
- The Fresno City Council’s budget committee held closed-door meetings from 2018 onward to negotiate the city’s annual budget
- These meetings violated the Ralph M. Brown Act, which requires local government bodies to hold open meetings with public notice and participation opportunities
- The city claimed the committee was “ad hoc” and exempt, despite the council voting in January 2023 to designate it as a standing committee
- The court ruled the city failed to post agendas, open meetings to the public, or prepare minutes as required by law
What This Means for You
The ruling confirmed that the Fresno City Council’s budget committee is a standing committee subject to California’s open meetings law, which requires local government bodies to hold open meetings with public notice and participation opportunities.
