Search Results for: 54957 dismissal appointment

A&A: Teacher terminated after closed session

Q: Last weekend our son’s 4th grade teacher was fired from her “at will” employment at a local charter school. The board held a Regular Meeting and decided “immediate action” had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes on her behalf when she happened to walk by the meeting. The board then held a closed session and

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A&A: Dealing with a cure and correct notice in a closed session

Dealing with a cure and correct notice in a closed session Q: The school board I am a member received a cure and correct challenge regarding an action taken in closed session to dismiss an employee.  The cure and correct involves whether proper notice was given for the meeting.  The president and superintendent have placed the response to the cure and correct claim on next week’s agenda.  They are saying it is a closed session

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A&A: Denied right to have job termination discussed in open meeting

Q: I was accused of conflict of interest and fired from my job at the Community College District. I requested an open session for the appeal to the Board for my termination and was denied. I made three requests in writing, all of which were denied by the District. I believe it is my right to an open session according to the Brown Act. A: There are situations where legislative bodies may hold meetings that

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A&A: Closed college governing body meeting to endorse trustees candidate

Meeting in closed session to select a candidate Q: I have what is probable a simple question for you. I am wondering if a student governing body at a college can meet in close session to discuss possibly endorsing a candidate for the board of trustees in an upcoming election? Would this violate the Brown Act? A: Assuming that the student governing body of the college to which you are referring is subject to the

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A&A: Does the Brown Act allow closed sessions to appoint legal firm?

Q: Our local water district board is appointing new general counsel. They have agendized this in a special meeting, allowing each prospect to give a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), ”Public Employee Appointment: General Counsel.” I have never seen this done before. Can a legislative body refer to General Counsel as a ”Public Employee” and use this GC as safe

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A&A: Does A Closed Session Employment Termination Decision Violate the Brown Act?

Q: After four years of service as the Library Director of the City’s Public Library, I found out yesterday that I am to be terminated from this position. The decision took place during a special meeting of the Library Board. I was at the meeting, but not invited to attend the closed session. The meeting was agendized as “Public Employee Evaluation—Library Director “ and made no mention of possible disciplinary action. I received no noice

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A&A: Closed sessions under the Brown Act

Closed sessions under the Brown Act Q: Members of my school board choose new members as they leave the board. Can this School Board have closed sessions to discuss and decide which new Board member to elect to the Board or do these have to be public discussions? A: If the board of the public charter school is a “legislative body” under the Brown Act, it is subject to the Brown Act and can discuss

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A&A: Incomplete labor exemption codes within School District closed session agenda

Q:I have continually requested the agenda labor exemption code be corrected for a closed session in our School District. The full exemption code is 54957.6(a), however they continue to list only 54957, leaving out the .6(a) portion. I believe accuracy would be better for transparency, and I want it to be legal as well. How can I ensure the school district employs the complete exemption code? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#0e1685″ color=”#ffffff” size=”5″ wide=”yes” center=”yes” radius=”0″

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A&A: Can Employment Records & Dismissal Be Presented in City Council Open Session?

Q: Recently a local City Counsel meeting was to be held as an open session to hear non-adopt arguments with regard to a proposed Administrative Law Judge’s (ALJ) decision to fully reinstate employment of a firefighter. My husband never received notice of the open session (hearing). Also, on the agenda it listed his full name and that at this open session there would not be any public comment allowed regarding what was being heard. Is this

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A&A: Circumstances for closed meetings

Circumstances for closed meetings Q: For what reasons can a legislative body have a closed meeting? A: Meetings of any “legislative body” of a “local agency” as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain the license (Gov’t Code

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Labor negotiations and the Brown Act

Labor negotiations and the Brown Act Q: Our public school board evaluated the principal and voted to give him a raise, in a closed session, which I understand is legal since the evaluation is confidential. Should the vote on the bonus remain secret? I asked to know the breakdown of which board members voted which way on the bonus. Is that information protected against public disclosure? I did not ask the amount of the bonus,

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A&A: Getting information from closed sessions

Getting information from closed sessions Q: Our board has agendized for the upcoming meeting the following under closed session using 54956.9 for the below items. a.  Public Employee Discipline/Dismissal/Release b.  Conference with Labor Negotiator Does this mean that during open session they need not disclose the position of the employee that was being disciplined and dismissed or what the labor negotiations outcome was? A: As a preliminary matter, it is not clear why your Board

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A&A: District Hospitals and Closed Sessions

District Hospitals and Closed Sessions Q: The CEO and the COO for a District Hospital are provided to the Hospital by the management company that contracted with the district. The CEO and COO are being paid by the management company not by the Hospital or District. The CEO and COO are also the president and vice president of the management company. The District is about to have a closed session to evaluate the CEO and

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A&A: Convening in closed sessions

Convening in closed sessions Q: Our school board will be visiting the school site/employer of the finalist in our District superintendent search.  We are a 5-member board and 4 trustees want to participate in the site visit, which will be outside our District boundaries.  We want to fully investigate the performance of our finalist with face-to-face interviews with co-workers, parents, community members, etc. We fully intend to post an agenda once we determine who our

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A&A: Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

Q: At a special meeting of a California legislative body, an employee was suddenly put on paid administrative leave. The closed session agenda item was added to a special meeting just over 24 hours before that meeting and stated: Public Employee Performance Evaluation/Discipline/dismissal/release (Government code section 54954.5 and 54947(b)) title: [employee title]. The employee was told verbally the day before that the item was added but he did not get written notice and was not

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A&A: Closed Session Voting

Closed Session Voting Q: In a closed session discussion, a vote was taken regarding the non-reelect of employees.  After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote).  Is the reason they gave for the way they voted confidential information? A: As you may know, the Brown Act provides that a legislative body may hold a closed session

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A&A: Is a contracted City Attorney a city employee?

Is a contracted City Attorney a city employee? Q: Are contracted City Attorneys considered city employees? I’m asking because the city I cover has scheduled a closed-session meeting to review the job performance of its City Attorney. This comes at a time when a few council members want to replace the current attorney, who charges $130 per hour, with a full-time, in-house attorney that would cost more. If the City Attorney technically is not a

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80 Ops. Cal. Atty. Gen. 308 School Superintendent Hiring Committee Not Subject to Open Meeting Law (1997)

Office of the Attorney General State of California 80 Ops. Cal. Atty. Gen. 308 Opinion No. 97-414 November 10, 1997 THE HONORABLE MIKE THOMPSON MEMBER OF THE CALIFORNIA STATE SENATE THE HONORABLE MIKE THOMPSON, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question: Where the board of trustees of a school district has formed a committee, known as the district liaison council, consisting of eight representatives from the community, seven

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AG Opinion #97-414 Closed Session for Advisory Committee on Personnel (1997)

AG Opinion No. 97-414 Brown Act: Closed Session for Advisory Committee on Personnel OPINION of DANIEL E. LUNGREN, Attorney General; ANTHONY DaVIGO, Deputy Attorney General In the Office of the Attorney General of the State of California filed November 10, 1997, the Honorable Mike Thompson, member of the California State Senate, has requested an opinion on the following question: Where the board of trustees of a school district has formed a committee, known as the

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