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Asked & Answered

A&A: Internal Decision-Making and the Brown Act

firstamendment June 13, 2009

Internal Decision-Making and the Brown Act Q: After a city planning meeting, I was outside with the City manager and another neighbor talking about the meeting. It was in regards to building a complex by the river that runs threw our town. We (the neighborhood) are apposed to the complex and the meeting was to address that. She told us it did not matter, and that it was going to pass anyway, despite of our

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A&A: Closed Sessions and Permissible Topics

firstamendment June 13, 2009

Closed Sessions and Permissible Topics Q: My local city council has apparently held closed session meetings on whether or not they will repair a landslide on a city street. The agenda notification listed only pending litigation, but did not list the specific subject. These meetings resulted in public policy decisions. I have made a CPRA request for public records relating to the landslide. I assume that they need to at least disclose whether there were

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A&A: Placing items on Agenda and Mayoral Refusal

firstamendment June 13, 2009

Placing items on Agenda and Mayoral Refusal Q: A Councilperson wants to put an item on the agenda that relates to a contentious issue. The mayor refuses to do it. Is this legal? A: The Brown Act requires that local agencies, like a city council, must post an agenda prior to meeting.  Cal. Govt. Code Section 54954.2. However, the Brown Act does not dictate the way in which the agenda must be set.  Government Code

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A&A: Closed Sessions, Settlements, and Lack of Discussion/Public Comment

firstamendment June 13, 2009

Closed Sessions, Settlements, and Lack of Discussion/Public Comment Q: Our City Council met in closed session to discuss ongoing litigation against the city by outdoor advertising companies challenging the city’s program of surveying and inspecting billboards and other off-site advertising signs.  In open session following that meeting, the council adopted without discussion a settlement agreement that made changes in city codes regarding inspection fees, the number and types of billboards allowed, and the legalization of

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A&A: Limiting Public Comment at Meetings

firstamendment June 13, 2009

Limiting Public Comment at Meetings Q: I want to understand why my City Council can limit comment during a single meeting by a member of the public to five minutes total for a particular class of items (consent agenda items), no matter how many items are categorized as such, and no matter how many items an individual wishes to speak to. I have never heard of anything similar being used by any other public body

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