Service Employees International Union, Local 99 v. Options—A Child Care & Human Services Agency

A government contractor agreed under the terms of its contracts to comply with the Ralph M. Brown Act (Brown Act) (Gov. Code, § 54950 et seq.) in meetings of its board of directors to the extent that the *873 meetings involved publicly funded programs. We hold that members of the public are the intended' beneficiaries of such a contractual provision and can enforce the provision as third party beneficiaries of the contract. The government contractor cannot be sued directly under the Brown Act, however, because it is not a “legislative body” as defined in the act.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual Background

Options—A Child Care and Human Services Agency (Options) is a nonprofit corporation that administers subsidized childcare and education services to families in the San Gabriel Valley and Whittier areas of Los Angeles County under contract with the State Department of Education. Service Employees International Union, Local 99 (SEIU), is a labor union representing employees in public school districts and childcare facilities in Southern California. Francisco Torres is an employee of SEIU.

Options and the State Department of Education entered into a series…