Asked & Answered

A&A: Application of the Brown Act to Volunteer Fire Companies

Application of the Brown Act to Volunteer Fire Companies 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 are the rest of our records part of the same Act? We believe that we are not part of the Brown Act because none of our members are on the Fire Dept. Board or visa versa. We are

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A&A: Inadequate notification of Special District meetings

Q: I report for the local community newspaper. The local Special District (Fire) has its regular meeting on the second Tuesday of each month. For quite a while the agenda was emailed to all board members and to me (upon standing automatically renewed request) on the preceding Friday. Recently the District started posting the agenda and sending the mail on Saturday. I have objected that the notice for 72 hours does not include Saturday, Sunday

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A&A: Limiting Public Testimonies to New Issues

Limiting Public Testimonies to New Issues Q: During a recent City Council 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 testimonies.  I see the practicality of have such a policy during these public quorums, but it

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A&A: Closed Session Voting

Closed Session Voting Q: In a closed session discussion, a vote was taken regarding the non-reelect of employees.  After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote).  Is the reason they gave for the way they voted confidential information? A: As you may know, the Brown Act provides that a legislative body may hold a closed session

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A&A: Closed sessions…

Closed sessions… Q: Our city attorney is planning a closed session meeting with the city council and police review commission to discuss a recent court decision regarding open police complaint hearings.  Is this legal? A: The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency.  The purpose of the pending litigation

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