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Asked & Answered

A&A: Special meeting and the Brown Act

firstamendment June 13, 2009

Special meeting and the Brown Act Q: The Brown Act reads in part Section 54954.3 of education code: “Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.” I have argued with the Secretary of the Oakland School Board that when the Brown Act

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A&A: Personal attacks in public meetings

firstamendment June 13, 2009

Personal attacks in public meetings Q: In a closed session meeting, under The Brown Act, do the normal rules of order and decorum apply? We have a situation where some board members feel they can viciously and personally attack other members of the board with impunity. As this is a closed session, they feel that nothing can be done. A: The only provision in the Brown Act concerning disorderly conduct is found in section 54957.9. 

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A&A: Times of public meetings

firstamendment June 13, 2009

Times of public meetings Q: Is there a time constraint on the scheduling of public meetings?  My issue: can a City Council start a Study Session on a hot topic at 10 PM on a weeknight, effectively limiting the participation of people who must work the next day? A: The first issue that must be addressed is whether the study session you reference constitutes a meeting for purposes of the Brown Act.  The Brown Act

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A&A: Describing a closed session

firstamendment June 13, 2009

Describing a closed session Q: Is a school district obligated to describe the closed session subject in language understandable to the lay person? A: Government Code section 54954.2(a) provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A “brief general description,” as the

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A&A: Agenda item questions

firstamendment June 13, 2009

Agenda item questions Q: Can items labeled “discussion” be voted upon as action items? Does “other administrative items,” and “other administrative items, including delegation of tasks” adequately describe taking action on appointing an already appointed established committee as a subcommittee to this group? What is a definition of a “brief description” of an item as required by the Brown Act? A: Government Code section 54954.2(a) provides that at least 72 hours prior to a regular

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