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firstamendment

A&A: Posting agendas and notification of action in special/closed sessions

firstamendment June 13, 2009

Posting agendas and notification of action in special/closed sessions Q: A School Board is subject to the Brown Act yet a principal was dismissed without cause after a Special meeting /closed session in which no one was notified nor was it posted at the site where the meeting was held (it was posted on a website) nor has the decision been posted for the ten day requirement following the meeting. The staff and parents are in

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A&A: Closed sessions to hire and decide pay for outside counsel

firstamendment June 13, 2009

Closed sessions to hire and decide pay for outside counsel Q: Can city council hold a closed session to decide to hire outside counsel? Can they decide in closed session on how much to pay outside counsel? A: Section 54956.9 of the California Government Code provides that the legislative body of a local agency, “based on advice of its legal counsel,” may hold “a closed session to confer with, or receive advice from, its legal counsel

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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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