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A&A: Sign-in cards for public comment

firstamendment June 13, 2009

Sign-in cards for public comment Q: I have been asking my local school district board to provide for public comments during the school board meetings.  Previously attendees had to fill out a speaker card, give it to the superintendent.  Their question would be answered within three days at which time they would receive a phone call from the district.  The board finally aquiessed to my requests and threats to sue.  However, the change, I believe,

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A&A: Dealing with a cure and correct notice in a closed session

firstamendment June 13, 2009

Dealing with a cure and correct notice in a closed session Q: The school board I am a member received a cure and correct challenge regarding an action taken in closed session to dismiss an employee.  The cure and correct involves whether proper notice was given for the meeting.  The president and superintendent have placed the response to the cure and correct claim on next week’s agenda.  They are saying it is a closed session

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A&A: Council gerrymandering and the Brown Act

firstamendment June 13, 2009

Council gerrymandering and the Brown Act Q: I live in the small desert town.  The Brown Act does not seem to make it to this part of California.  Members of the council poll each other and make decisions before the council meeting, any item they deem goes to closed session and no report of what happened is ever given to the public.  Who is responsible to make sure closed session items are in accordance with

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A&A: Secret Ballots

firstamendment June 13, 2009

Secret Ballots Q: Is it legal for a school board to fill a vacancy on the board with a secret vote? Is this addressed in the Brown Act and if so, where? A: The Brown Act prohibits action by secret ballot.  See Gov. Code § 54953(c).  Although the Brown Act authorizes a closed session to discuss the appointment of a public employee, the legislative body must publicly report any action taken in closed session at

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A&A: Closed Sessions under the Brown Act

firstamendment June 13, 2009

Closed Sessions under the Brown Act Q: The Situation: the Board of Education for a local district meets in closed session without any prior notification to the public. It makes a personnel decision during that closed session and announces it to the public. Question: Is the unannounced closed session meeting in accordance with Brown Act or any other law?  If not, what are the legal ramifications of that meeting? A: The Brown Act recognizes a

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