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Asked & Answered

A&A: Obligation to stated agenda

firstamendment June 13, 2009

Obligation to stated agenda Q: Labor law requires that in order to negotiate a new contract the union’s proposals must be presented in a public meeting. The School District agendized the sunshining of a teamsters union contract proposal but did not have the proposal available at the meeting or place the proposal on its website.  It only showed on its website a copy of a letter requesting a meeting between Teamster and the District.I protested

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A&A: Public notice and disclosure of existing litigation

firstamendment June 13, 2009

Public notice and disclosure of existing litigation Q: Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without knowing the case? A: Under Government Code section 54956.9, an agency must identify

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A&A: Non-profits, public funds, and the Brown Act

firstamendment June 13, 2009

Non-profits, public funds, and the Brown Act Q: I am a voting member of a nonprofit corporation, a preschool cooperative.  If the corporation receives public money in the form of a grant is its board bound by any state open meeting laws? A: The Brown Act, which provides that “[a]ll meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of

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A&A: Regular meetings and varying times/locations

firstamendment June 13, 2009

Regular meetings and varying times/locations Q: May a city council hold the regular meetings in two different places at varying times? A City Council has been starting meetings in one room, then the mayor’s conference room for study session, interviews, or closed sessions, and then adjourns that meeting and move to the City Council Chambers for the remainder.As the Brown act says the meeting shall be at the time and place set by ordinance, does

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A&A: JPA’s (Joint Powers Act entities) and the Brown Act

firstamendment June 13, 2009

JPA’s (Joint Powers Act entities) and the Brown Act Q: School Districts within the County formed a co-operative entity (JPA) under the Joint Powers Act to pool resources regarding special education including litigation, legislation, training and “establishing criteria for determining the key issues involved in special education including the principal areas in need of systemic change.”  A majority of the superintendents constitutes a quorum.  Question: Can a majority of the superintendents hold closed meetings where

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