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Asked & Answered

A&A: Religious institutions and the Brown Act

firstamendment June 13, 2009

Religious institutions and the Brown Act Q: I would like to find out if the Brown Act applies to Churches/Temples that are non profit or charitable institutions? Can the President of a board of directors have meetings with a few members of the board without taking minutes and without the full executive committee brought in to the “dinner” or meeting prior to a scheduled but closed meeting of the board? A: The Brown Act applies

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A&A: Getting information from closed sessions

firstamendment June 13, 2009

Getting information from closed sessions Q: Our board has agendized for the upcoming meeting the following under closed session using 54956.9 for the below items. a.  Public Employee Discipline/Dismissal/Release b.  Conference with Labor Negotiator Does this mean that during open session they need not disclose the position of the employee that was being disciplined and dismissed or what the labor negotiations outcome was? A: As a preliminary matter, it is not clear why your Board

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A&A: Special audience privilege and the Brown Act

firstamendment June 13, 2009

Special audience privilege and the Brown Act Q: Does Brown Act specify that any board member and any school administration staff enjoy “special audience” privilege to join any board appointed committee’s discussion at anytime? If so, could you refer me to the specific section(s) regarding this? Does it mean that a board appointed committee chair must allow a board member (even she/he is not the committee member) to speak anytime during the committee meetings, but

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A&A: Serial Meetings 101

firstamendment June 13, 2009

Q: A citizen here has asked the DA to investigate Riverside County supervisors for possible violation of the “serial meetings” provision of the Brown Act. Could someone explain to me exactly how a series of two-person conversations can violate the act? On a five-member board, if A discusses X with B, and then B discusses X with C, does that violate the law? Or does A have to ask B to discuss it with C

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A&A: Informal Meetings and the Brown Act

firstamendment June 13, 2009

Informal Meetings and the Brown Act Q: I understand that the Brown Act prohibits a majority of a Board of Supervisors from meeting together illegally.  However, can one supervisor discuss an issue with another two or more other supervisors on a personal, informal basis, one at a time? A: The Brown Act defines a “meeting” as “a congregation of a majority of the members of a legislative body at the same time and place to

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