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Asked & Answered

A&A: Open Meeting Rules for Chamber of Commerce/ Non-Profits

firstamendment June 13, 2009

Open Meeting Rules for Chamber of Commerce/ Non-Profits Q: Our chamber of commerce receives funding from the city offset costs associated with operating a visitors center in conjunction with the chamber office. Is the chamber subject to the same rules for request for information that the city is required to adhere to? Are there any commonly accepted procedures for holding elections for the chamber board? A: Typically, chambers of commerce fall in the category of

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A&A: School Board Closed Sessions with Administrators

firstamendment June 13, 2009

School Board Closed Sessions with Administrators Q: The School Board meets in Closed Session and apparently regularly invites a “leadership team” of administrators into the Closed Session. The administrators are not necessarily there to answer specific questions that are on the agenda of the Closed Session, but to merely be there in case questions come up. I understand that board members who apparently know this to be a possible violation of the Brown Act, both

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A&A: Criteria for Serial Meeting

firstamendment June 13, 2009

Criteria for Serial Meeting Q: Our former Mayor was involved in trying to develop a clandestine consensus to support his successor. Two councilmembers have said that the Mayor spoke about his support of his replacement, including the replacement himself, outside of a public meeting. We suspect a third, who often sides with the Mayor, was also consulted about who the Mayor was supporting, but we do not have definitive proof. What kind of criteria would

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A&A: Legal Action Against a Board Member in Closed Session

firstamendment June 13, 2009

Legal Action Against a Board Member in Closed Session Q: Is it legal for the superintendent and board president to put under closed session anticipating legal action regarding a board member without notifying that board member of the reasons, etc.? A: Your inquiry raises two issues under the California Brown Act: (1) whether a closed session may properly be held under the Brown Act regarding anticipated “legal action” regarding a board member, and (2) whether

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A&A: Governing Boards with Public Funds

firstamendment June 13, 2009

Governing Boards with Public Funds Q: I would like to know if governing Boards for co-ops that use public funds fall into the jurisdiction of the Brown Act or the Bagley-Keen open meeting act?  If so how the Brown Act applies to these governing bodies? A: The California Brown Act generally requires “legislative bodies” of “local agencies” (for example, cities, counties, and school districts) to hold their meetings open to the public unless a specific

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