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  • Pages

    Explainers

    FAC’s Explainer page provides information about topics relating to public records, open meetings, and freedom of speech that we are often asked about. The information you are looking for may be here, but if it is not, please feel free to submit a request to our Legal Hotline.

    July 3, 2024

  • Asked and Answered

    Brown Act

    Teacher terminated after closed session

    […] 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 […]

    October 20, 2011

  • Asked and Answered

    Brown Act

    Emergency agenda items and proper notice requirements

    My first question is: What is the correct procedure for adding an "emergency" item to a city Council agenda? Recently, a City Council added an "emergency" closed session to its agenda to discuss "anticipated litigation" without any motions or votes. My second question is about anticipated litigation: Must it be described in some fashion […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Discussion of Employee Termination in Closed Session

    […] 2007, the City held its last budget study session and on the closed session my job, as Director of Finance, title or position was never put on for discussion, nor was my job title put on for closed session since I started with the City. The next morning the mayor and the City manager […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Does short notice of public hearing invalidate contract?

    […] the Public Hearing subsection. This agenda was attached to summary of the contract. I have not found language defining "Public Hearing" but I contend that 1) 30-days notice of hearing is required; 2) That notice was not properly served since it appeared under Consent Calendar which only can be discussed if a citizen or […]

    June 23, 2010

  • Asked and Answered

    Bagley-Keene Act Brown Act

    Closed meeting and the Brown Act

    […] closed session on Tuesday, the board is scheduled to convene in open session to vote on 'Amendment #11' to the chief's contract, according to the public meeting agenda. Details of the amendment will be available after the board finalizes it in closed session, said district spokeswoman.  'They are going to make copies available to […]

    June 14, 2009

  • Asked and Answered

    Brown Act

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

    […] 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 […]

    April 13, 2012

  • Asked and Answered

    Brown Act

    Is it a Brown Act violation to move item from closed to open session?

    […] when councilmembers voted 5-0 to move a closed-session item, described only with the name of an individual to the Regular Agenda. Can you tell me if it was proper for the City Council to move a closed-session item to the Regular Agenda during the Open Meeting without proper notice that it would be discussed in open session?

    March 13, 2014

  • Asked and Answered

    Bagley-Keene Act

    How Do Citizens Know If Agenda Items Meet the Criteria for Closed Sessions Discussion?

    […] taken up in open meetings were moved to the closed meetings. This is an abrupt change. Prior to the meeting, when asked about the change in the agenda, a representative of CalPERS responded that: "One of the key questions we ask when determining if an item can be discussed in open vs closed session […]

    December 14, 2020