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firstamendment

A&A: Time allotted for speaking at public meeting

firstamendment June 13, 2009

Time allotted for speaking at public meeting Q: Since the State take-over of the Oakland Public Schools, the State Administrator, Randolph Ward, has maintained the following rule for public comment. At a regular State Administrator and/or School Board Meeting, a member of the public is restricted to three minutes of public speech on all agenda and non-agenda items. Is this rule a violation of the Brown Act? A: Time limits on public comment are not

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A&A: “Amended” agenda for public meeting

firstamendment June 13, 2009

“Amended” Agenda must meet 72-hour notice rule Q: Recently, I attended a local school board meeting in which an “Amended” Agenda was made available for the public after the regular agenda had already been published. This “amended” agenda was made available less than 72 hours before the meeting. Is this procedure OK? A: California Government Code section 54954.2(a) requires the legislative body of the local agency to post an agenda at least 72 hours before

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A&A: City Council names building without notice

firstamendment June 13, 2009

City Council acts on issue not on agenda Q: Earlier this month our mayor – during the oral portion of the city council meeting — stated that he decided to name a city building after a former member of the council who is also a former assemblyman. He asked for unanimous concurrence of the council. Two members of the council questioned the propriety of the action, but the mayor changed the request to a majority

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A&A: Advisory committee subject to Brown Act?

firstamendment June 13, 2009

Advisory committee subject to Brown Act? Q: If the air quality district appoints an advisory committee to oversee an air toxics program that will go on for 2-3 years, and it has no members from the Board of Directors (only staff, public citizens), are their meetings subject to the Brown Act? If so, do all the notice, public comment rules apply? A: Assuming that the “advisory committee” were created by a “charter, ordinance, resolution or

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A&A: Closed college governing body meeting to endorse trustees candidate

firstamendment June 13, 2009

Meeting in closed session to select a candidate Q: I have what is probable a simple question for you. I am wondering if a student governing body at a college can meet in close session to discuss possibly endorsing a candidate for the board of trustees in an upcoming election? Would this violate the Brown Act? A: Assuming that the student governing body of the college to which you are referring is subject to the

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