Search Results for: 54954(a) agenda

A&A: Agenda Item Descriptions

Agenda Item Descriptions Q: Is it a Brown Act violation for a School Board agenda to include an item on its agenda called “Board Discussion”?  I read 54954.2(b) An agenda must …shall state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session…” to require a general description of the item to

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A&A: Placing items on Agenda and Mayoral Refusal

Placing items on Agenda and Mayoral Refusal Q: A Councilperson wants to put an item on the agenda that relates to a contentious issue. The mayor refuses to do it. Is this legal? A: The Brown Act requires that local agencies, like a city council, must post an agenda prior to meeting.  Cal. Govt. Code Section 54954.2. However, the Brown Act does not dictate the way in which the agenda must be set.  Government Code

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A&A: Obligation to stated agenda

Obligation to stated agenda Q: Labor law requires that in order to negotiate a new contract the union’s proposals must be presented in a public meeting. The School District agendized the sunshining of a teamsters union contract proposal but did not have the proposal available at the meeting or place the proposal on its website.  It only showed on its website a copy of a letter requesting a meeting between Teamster and the District.I protested

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A&A: Can the public place items on a City Council agenda?

Can the public place items on a City Council agenda? Q: Does the Brown Act or case law provide the right of public members to place items on a City Council agenda? A: Neither the Brown Act nor case law create a general right for the public to place items on the agendas of public bodies.  Thus, the ability of the public to place items on the agendas of city and county public bodies is

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A&A: Special Meetings and Means of Notice

Special Meetings and Means of Notice Q: Three members of a five member board have called for a special meeting, where the selection process of the General Manager of the district was going to be discussed. The president refused to call the meeting, and or to participate in a conference call. The meeting was not called because the General Manager (that will be replaced) replied with this information via the district’s attorney: “The Brown Act

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A&A: Does the 72 hour period for Agenda Amendments include weekends and holidays?

Does the 72 hour period for Agenda Amendments include weekends and holidays? Q: For an amended agenda, it seems that the amendments must be made 72 hours before the meeting. Does this 72 hour period include weekends and holidays? A: The Brown Act includes weekends and holidays when computing the 72-hour requirement of section 54954.2.  The language of that section provides that “[a]t least 72 hours before a regular meeting, the legislative body of the

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A&A: Agenda posted on-line

Agenda posted on-line Q: Can the legislative body of a state-funded entity discontinue sending notice of standing meetings by reasoning that agendas/minutes are posted on its website? To me, it does not meet the requirement that the public’s business be conducted in an open a manner as possible. A: If you have a request on file, the body should be sending her a notice/agenda packet rather than simply requiring you to consult the website or

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A&A: Obligation to post minutes if no action is taken

Obligation to post minutes if no action is taken Q: If a public school Board district holds a special meeting, are they required to post the minutes ASAP for 10 days after the meeting even if no vote was taken? The superintendent has told me no minutes need to be taken unless action or a vote was taken?This “Special Meeting” had one agenda Item listed and that was “Strategic Planning Session.” Public comment was allowed

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A&A: Public notice and disclosure of existing litigation

Public notice and disclosure of existing litigation Q: Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without knowing the case? A: Under Government Code section 54956.9, an agency must identify

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A&A: City Council names building without notice

City Council acts on issue not on agenda Q: Earlier this month our mayor – during the oral portion of the city council meeting — stated that he decided to name a city building after a former member of the council who is also a former assemblyman. He asked for unanimous concurrence of the council. Two members of the council questioned the propriety of the action, but the mayor changed the request to a majority

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A&A: Public Official Event Attendance and Public Notice

Public Official Event Attendance and Public Notice Q: A City Councilman and City Clerk addressed the local Merchants Association without any public notice and with an “agenda” not made public and that other members of the City Council were not made aware of.  The “agenda” presented was to suggest to the Merchants Association that a redistricting of the business district to allow for retail only. No service industries such as Real Estate, Insurance and Mortgage

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A&A: Non-Agenda Items, Emergency Items, and the Brown Act

Non-Agenda Items, Emergency Items, and the Brown Act Q: We may have a violation of the Brown Act. A non-agenda item was brought up and “deemed” an emergency and was voted upon. This after the City Attorney opened the meeting and stated that “the item” would not be discussed. The alleged emergency does not fit any of the emergency statements listed in the Brown Act. How does the public now pursue action against the city

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A&A: Defining “action taken” and sufficiently describing agenda items

Q: We believe based on a published Attorney General’s Opinion that the Brown Act applies to student governments at community colleges. Our student government, which distributes about $1.3 million per year in student fees, seems to consistently violate the Brown Act, particularly with respect to notice of its intended actions. Specifically, while our student government timely posts meeting agendas, the entries are so vague they fail entirely to describe the possible actions that ultimately (at

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A&A: Objecting to agenda item during meetings

Objecting agenda item during meetings Q: Our Board of Supervisors is playing fast and loose with the Brown act, specifically adding items to the agenda that don’t even come close to meeting the requirements of the Brown Act.  Question: Can I object to an item being heard ? If yes, how do I object? If no, what do I do? A: Unfortunately, although you can object to an item being heard at a meeting because

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A&A: Agendas and sufficiency of “brief general descriptions”

Agendas and sufficiency of “brief general descriptions” Q: In accordance with Section 2.20.140(B)(3) of the Purchasing Ordinance, the City Manager is allowed to waive the request for proposal procedure and approve master professional service agreements with two firms pp to $100,000. I asked that the item be pulled and rescheduled because it did not describe the services (HR/Personnel) that the contracts were for.  The City Attorney stated it was fine as is and did not

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A&A: “Amended” agenda for public meeting

“Amended” Agenda must meet 72-hour notice rule Q: Recently, I attended a local school board meeting in which an “Amended” Agenda was made available for the public after the regular agenda had already been published. This “amended” agenda was made available less than 72 hours before the meeting. Is this procedure OK? A: California Government Code section 54954.2(a) requires the legislative body of the local agency to post an agenda at least 72 hours before

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A&A: School Board Agenda Packets Availability

School Board Agenda Packets Availability Q: I have a question about access to school board agenda packets. My understanding is that districts only need to notice a meeting 48 hours in advance, but that school board packets become public record as soon as they’re sent to the trustees. The school district that I cover has asked that I wait until Monday to pick up board packets that are sent to the trustees Friday. Up to

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A&A: Bundling agenda action items silences public input

Q: I would like to question the legality of a new practice our school board school board to “bundle”  regular action items on the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item will be presented; the administration will give their presentation and recommendations for action; the board will ask/seek further information; the

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A&A: Agenda item questions

Agenda item questions Q: Can items labeled “discussion” be voted upon as action items? Does “other administrative items,” and “other administrative items, including delegation of tasks” adequately describe taking action on appointing an already appointed established committee as a subcommittee to this group? What is a definition of a “brief description” of an item as required by the Brown Act? A: Government Code section 54954.2(a) provides that at least 72 hours prior to a regular

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Access to agenda attachments

Access to agenda attachments Q: Does a government body subject to the Brown Act also have to provide access to the attachments to agenda items 48 hours before the meeting?  If so, do they have to also provide copies of the attachments upon request if the person pays the copying fee? I am referring to attachments that make up the agenda packet. A: You may request that a copy of the agenda and “all documents

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