Asked & Answered

A&A: Can employment negotiations be held in closed session?

Q: I submitted your Brown Act template regarding a closed meeting. The city attorney response was that it was ok to meet secretly to discuss other terms and conditions of employment with representatives of  “.. .recognized employment organizations . . .” Government Code Section 3505.  Please clarify. A: The Government Code section you mentioned requires: “[t]he governing body of a public agency, or such boards, commissions, administrative officers or other representatives as may be properly

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A&A: Is all information about public employment tests exempt?

Q: I would like to examine copies of two recent examinations that I have taken for jobs at BART (Bay Area Rapid Transit). I request my score, value for each question, who wrote the exam, who was the subject matter expert, and who graded the exam. I think the California Public Record Act states that this information is exempt.  Is there some way to get selective information? A: Under California’s Public Records Act, “any writing

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A&A: What are the rules rescheduling a regular board meeting?

Q: Can a board president or staff member change a regular board meeting without board approval? A: The Brown Act provides that “[e]ach legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings.” Gov’t Code § 54954. Changing the time or place for

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A&A: Access to City Manager’s compensation denied

Q: I am a  director for the Public Utility District trying to access the General Manager’s compensation information.  Another director asked for W-2s with confidential information blacked out. And was told via email that they do not have to provide them. What information am I entitled to and how to I ask for it? The GM told us that due to client confidentiality the board has to vote to review the billing statements. He only

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A&A:High school impeaches student president over Facebook rant

Q: My daughter was featured on the top most headline of the local newspaper this last Saturday. She has been stripped of her ELECTED position as President of her High School because of an off-hand comment she made on a chat on Facebook. We are looking to anyone that can help us and a lawyer friend in the are suggested contacting you. A: The Supreme Court “has held that the First Amendment guarantees only limited

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