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Asked & Answered

A&A: Signing In at Public Meetings

firstamendment June 13, 2009

Q: Is it legal for a public school board at to require a member of the public to sign in in order to address the board on an agendized item? A: The California Supreme Court has recognized that “‘[a] school board of a school district constitutes a “legislative body” of a “local agency”‘” under Government Code §§ 54951-54952 of the Brown Act.  “‘Thus [a school board] is subject to the requirements of the Brown Act,

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A&A: Limiting Public Comment to Issues Not Already Covered

firstamendment June 13, 2009

Limiting Public Comment to Issues Not Already Covered Q: I recently attended a County Board of Supervisor’s meeting concerning implementation of medical cannabis ID card program. During the meeting the board Chairman told the individuals coming forward that when they are giving their testimonies they are to limit their comments to issue other than what has already been brought up by previous testimonies. My problem with this is that it appears to be limiting people’s

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A&A: Does the Brown Act apply to volunteer fire company

firstamendment June 13, 2009

Q: I am a member of a volunteer fire company and our tax status is a 501c4. Our tax return is part of the Public Records Act but is the rest of our records part of the same Act. We believe that we are not part of the Brown Act because we have none of our members on the Fire Dept. Board and visa versa. We are a separate entity formed by our group back

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Do Public Comments Have to be Taken into Consideration

firstamendment June 13, 2009

Do Public Comments Have to be Taken into Consideration Q: Are legislative bodies required to consider written material presented by the public, during an open hearing not officially called a “public hearing”, prior to making a judgment?  A county agency heard public comments on an agenda item, was presented with a petition from 29 neighbors requesting a public hearing, didn’t read the petition or supporting documentation, and scheduled a review for 7 months from now.

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A&A: Discussion of Employee Termination in Closed Session

firstamendment June 13, 2009

Discussion of Employee Termination in Closed Session Q: In 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 were waiting for me to terminate my employment with the City. The

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