firstamendment

A&A: Violation of Brown Act by fellow board members

Violation of Brown Act by fellow board members Q: I am an elected official. I believe some of my fellow board members are violating the Brown Act and other public meeting laws. How do I go about getting an investigation into their activities and decision on potential violations and corrections or cures to potential violations? A: Without knowing the factual background of your belief, or what evidence you have supporting your allegations, it seems you

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A&A: Agenda posted on-line

Agenda posted on-line Q: Can the legislative body of a state-funded entity discontinue sending notice of standing meetings by reasoning that agendas/minutes are posted on its website? To me, it does not meet the requirement that the public’s business be conducted in an open a manner as possible. A: If you have a request on file, the body should be sending her a notice/agenda packet rather than simply requiring you to consult the website or

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A&A: Opening closed session agenda items by a city council

Opening closed session in mid-meeting Q: Can a city council vote to open a closed session agenda item for the public record? A: There are at least two possible answers to your question, depending on the particular situation. First, after a closed session, a city council is generally required to disclose certain information about that closed session and any action taken in closed session. What has to be publicly disclosed, and how quickly, depends on

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A&A: Councilmember penalties for Brown Act violations

Brown Act violation as misdemeanor Q: What are the penalties for a City Council member who violates the Brown Act? A: A member of a City Council can be guilty of a misdemeanor under certain circumstances. Specifically, under California Government Code section 54959, each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of the Brown Act, and “where the member intends to deprive the

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A&A: Secret ballots violate Brown Act

Secret ballots violate Brown Act Q: I attended a City Council Meeting today where the Council appointed members to an advisory board. The appointments were done in open session, but by secret ballot. After announcing the matter, taking questions and comments, the city council sat at the dias w/microphones off, each wrote their choices for the board on a piece of paper and handed them to the City Clerk who tallied the votes and announced

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