Search Results for: 54957 performance

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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Closed Session on Employee Performance

Closed Session on Employee Performance Q: I am hoping you can tell me whether language that appears in an upcoming school district agenda meets the requirements of the Brown Act. This the language as it appears in the agenda: • Public Employee, to consider appointment, employment, performance evaluation, or dismissal of employee pursuant to GC §54957, as cited in the Brown Act (2 cases). I understand from talking with two members of the Board of

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Closed Session Performance Evaluations

Closed Session Performance Evaluations Q: On the City Council agenda it states under closed session: Pursuant to Government Code Section 54957 and 54957.6, the City Council will meet with the City Administrator, to hold performance evaluations and consider the salaries for the Director of Parks and Trees, the Director of Community Development and Public Works ….. All department heads are up for evaluation and they are wanting salary increases. All department heads are also contract

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A&A: Should school superintendent’s goals be made in closed session?

Q: Our City Council sets the City Manager’s goals in open session. The goals are public. The evaluation of the City Manager in meeting goals in done in closed session. In contrast, the School Board sets  goals for the Superintendent’s in closed session. Recently, the new superintendent made her goals available on the District web site. The Board President thanked her in a public column for choosing to be transparent since the goals are an

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Accessing the California Commission on Judicial Performance

Accessing the California Commission on Judicial Performance Q: I filed a complaint against a California Superior Court judge with the California Commission on Judicial performance. That agency stated that we filed a complaint that was well presented. Initially they asked for more background information and said they would review the complaint if we provided that information. After providing further proof that numerous violations of the judicial code of ethics had occurred the commission closed the

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Performance reviews of federal contractors go online

A new law requires the Office of Management and Budget to publish contractor integrity information online. -db NextGov August 4, 2010 By Aliya Sternstein A bill President Obama recently signed requires the Office of Management and Budget to disclose on a public website contractor integrity information housed in a new vendor performance database, reversing a recent decision by the Defense Department to block public access to the entire database. The supplemental appropriations bill (H.R. 4899),

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Opinion: Obama’s performance flawed on First Amendment issues

While pledging to become the most transparent government in history, the Obama administration has fallen far short of that lofty promise. They made some strides in releasing some files and documents  such as the torture memos but have been secretive about domestic spying. They have also been criticized for prosecuting whistleblowers under the Espionage Act and for denying lobbyists access to the administration on the stimulus bill’s allocations. -db From a commentary for the First

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A&A: School District Stalling Over My Request For Gender Breakdowns On Student Performance

Q: I made a PRA request to the School District for gender breakdowns on student performance. After nine business days, I receive an email reply from a law firm seeking “clarification” on about fifty percent of the items. The clarifications requested are not necessary; they are stalling. And they do claim to have approximately half of the items but they did not provide such. The lawyer also claims that due to “reduced staff” they cannot provide me

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63 Ops. Cal. Atty. Gen. 153 Discussing Employee Workload and Establishing New Positions in Closed Session(1980)

Office of the Attorney General State of California 63 Ops. Cal. Atty. Gen. 153 Opinion No. 79-1207 February 26, 1980 THE HONORABLE DAVID G. KELLEY THE HONORABLE DAVID G. KELLEY, Assemblyman, Seventy-Fifth District, has requested an opinion on the following question: Under the provisions of The Ralph M. Brown Act, are the following subjects legitimate subjects for executive sessions by the governing body of a local agency: (a) establishment of new administrative positions; (b) the

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Sunshine Week inspires request for improved performance in federal government transparency

Transparency advocates are finding a lot to criticize in the Obama administration’s transparency record, praising its passage of the 2014 DATA Act and the release of catalogs of federal agency data but decrying the robust use of the Espionage Act to prosecute national security whistleblowers and federal agencies’ resistance to disclosure. (Government Executive, March 16, 2015, by Charles S. Clark) In commemoration of Sunshine Week, over 20 open government groups signed a letter to President

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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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Brown Act roundup: Judge finds Monterey County was within the law in performance reviews

A Superior Court judge ruled that Monterey County supervisors did not violate the Brown Act, California’s open meeting law, by holding closed sessions to review the performance of the water resources general manager. Officials can conduct job performance evaluations during closed sessions but not set policies or goals. (Monterey Herald, November 18, 2014, by Jim Johnson) The Whittier Uptown Association and the city won a lawsuit that claimed that the association was 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: 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: 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: 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: 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: 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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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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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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