A Fresno Superior Court judge on Tuesday denied a request to force the Fresno Mayor to open internal budget meetings to the public, rejecting a motion for injunctive relief sought in a lawsuit involving the American Civil Liberties Union.
The American Civil Liberties Union filed a lawsuit back in November 2023.
They were suing the city in the belief that the Fresno City Council’s budget committee negotiated the city’s proposed annual budget in secret.
This violates the Ralph M. Brown Act, which guarantees the public’s right to attend and participate in meetings of local government bodies.
The city argued the budget committee was an “ad hoc committee” and therefore not subject to the Brown Act.
Superior Court Judge Robert Whalen denied the motion against the city after the ACLU alleged the mayor should be required to open his internal budget meetings.
Whalen issued no sanctions or penalties against the city, and the ACLU conceded during court hearings that the mayor of Fresno, not the City Council, is responsible for preparing the budget.
The ruling and discussion during the hearings also made clear the mayor is permitted to seek advice from any city official, including councilmembers, as long as fewer than a quorum are present during budget development.
The hearings also described the mayor as having “immense authority” over the process.