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Asked & Answered

A&A: Quorums and valid actions

firstamendment June 13, 2009

Quorums and valid actions Q: Our Downtown Business Association is under the Brown Act.  At the end of our meetings, members leave before the meeting is finished yet they continue to vote and make crucial decisions.  The President says that since there was a quorum at the beginning of meeting, they can make decisions even if the members leave.  Is this true? A: Assuming that the association you refer to is governed by the Brown

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A&A: Can the public place items on a City Council agenda?

firstamendment June 13, 2009

Can the public place items on a City Council agenda? Q: Does the Brown Act or case law provide the right of public members to place items on a City Council agenda? A: Neither the Brown Act nor case law create a general right for the public to place items on the agendas of public bodies.  Thus, the ability of the public to place items on the agendas of city and county public bodies is

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A&A: Obligation to post minutes if no action is taken

firstamendment June 13, 2009

Obligation to post minutes if no action is taken Q: If a public school Board district holds a special meeting, are they required to post the minutes ASAP for 10 days after the meeting even if no vote was taken? The superintendent has told me no minutes need to be taken unless action or a vote was taken?This “Special Meeting” had one agenda Item listed and that was “Strategic Planning Session.” Public comment was allowed

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A&A: Posting agendas and notification of action in special/closed sessions

firstamendment June 13, 2009

Posting agendas and notification of action in special/closed sessions Q: A School Board is subject to the Brown Act yet a principal was dismissed without cause after a Special meeting /closed session in which no one was notified nor was it posted at the site where the meeting was held (it was posted on a website) nor has the decision been posted for the ten day requirement following the meeting. The staff and parents are in

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A&A: Closed sessions to hire and decide pay for outside counsel

firstamendment June 13, 2009

Closed sessions to hire and decide pay for outside counsel Q: Can city council hold a closed session to decide to hire outside counsel? Can they decide in closed session on how much to pay outside counsel? A: Section 54956.9 of the California Government Code provides that the legislative body of a local agency, “based on advice of its legal counsel,” may hold “a closed session to confer with, or receive advice from, its legal counsel

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