firstamendment

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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A&A: Closed sessions to “items discussed not falling within their jurisdiction”

Closed sessions to discuss “items not falling within their jurisdiction.” Q: I am a student at community college. After a board meeting of the Associated Students was adjourned, the president of the board asked all non-board members to leave the room so that the assembled quorum could talk about “items not falling within their jurisdiction.” Was this a violation of the Brown Act? A: According to an opinion of the California Attorney General, meetings of a

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A&A: Closed sessions, labor negotiations, and disclosure of outcome

Closed sessions, labor negotiations, and disclosure of outcome Q: I am a reporter and I recently covered a meeting where the City Council voted to replace the city’s police department with county Sheriff’s services. A number of opponents to this move have suggested that the Brown Act was violated when the council met in closed session to call for the Sheriff’s proposal under the heading of labor negotiations, and did not report the outcome of

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A&A: Closed sessions under the Brown Act

Closed sessions under the Brown Act Q: Members of my school board choose new members as they leave the board. Can this School Board have closed sessions to discuss and decide which new Board member to elect to the Board or do these have to be public discussions? A: If the board of the public charter school is a “legislative body” under the Brown Act, it is subject to the Brown Act and can discuss

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