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firstamendment

A&A: Can a school board restrict critical speech about district employees?

firstamendment June 13, 2009

Can a school board restrict critical speech about district employees? Q: Recently a school board adopted a policy that forbids individuals from making critical remarks about staff/board members. I am familiar with Baca v. Moreno Valley USD where the school board there tried to stifle free speech in a similar way and ended up on the losing end of the argument in court. The School District board of trustees recently included the following language on the

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A&A: Regulations on public comment

firstamendment June 13, 2009

Regulations on public comment Q: Our City Council’s Law & Legislation Committee recently heard a proposal whereby the Chair (Vice Mayor), expressed her support for the measure, and restricted opposing testimony.  She allowed all those (dozen) in support to testify, and then limited opposition to 1 statement of 2 minutes.  All others who were signed up to testify were not allowed to.  She then browbeat the committee into not voting on the measure, and breaking

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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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