Asked & Answered

A&A: Homeowner’s Association, the Brown Act, and tape recording

Homeowner’s Association, the Brown Act, and tape recording Q: My senior homeowner’s association board prohibits members from tape recording board meetings.  I tried today, they asked me to leave, and they called the police. I stated “I will exercise my right under California law to record meeting”. Police would not take any action in civil matter.  The board adjourned meeting for two weeks. The board says they are not subject to the Brown Act.  An

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A&A: Emergency agenda items and proper notice requirements

Emergency agenda items and proper notice requirements Q: My first question is: What is the correct procedure for adding an “emergency” item to a city Council agenda? Recently, a City Council added an “emergency” closed session to its agenda to discuss “anticipated litigation” without any motions or votes. My second question is about anticipated litigation: Must it be described in some fashion when it’s added? A: It is unclear from the information you submitted in

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A&A: Denying public comment

Denying public comment Q: Can a City Council deny public comment on an agendized item?  At the start of a Council meeting, the Mayor told the many people present they might speak on any item on the agenda when it came up. When under Administrative Items, there was an item reconsidering a certain program but the Mayor would allow no comment.  Although no mention was made of the qualifications on the item in back-up papers

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A&A: How to cure and correct an improper action

How to cure and correct an improper action Q: A Commission had four email transmissions between a majority of its members prior to its meeting this week, of which I have copies. The City Attorney found out what was happening and told them to stop it since they were violating the Brown Act, but the meeting went forward anyway. How do we best proceed to get their decision undone? A: Assuming the meeting was held

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A&A: Can settlements be negotiated in closed session if no pending litigation exists?

Can settlements be negotiated in closed session if no pending litigation exists? Q: Our local water district has held a series (over 6 months) of closed sessions. It appears that the district is negotiating a water rights transfer or deal with another local water district. They cannot negotiate jointly a “settlement” agreement if no “pending” litigation exists. Isn’t this a violation of the Brown Act? If so, what is the recourse? A: The provision of

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