Secret Ballots Q: Is it legal for a school board to fill a vacancy on the board with a secret vote? Is this addressed in the Brown Act and if so, where? A: The Brown Act prohibits action by secret ballot. See Gov. Code § 54953(c). Although the Brown Act authorizes a closed session to discuss the appointment of a public employee, the legislative body must publicly report any action taken in closed session at
Closed Sessions under the Brown Act Q: The Situation: the Board of Education for a local district meets in closed session without any prior notification to the public. It makes a personnel decision during that closed session and announces it to the public. Question: Is the unannounced closed session meeting in accordance with Brown Act or any other law? If not, what are the legal ramifications of that meeting? A: The Brown Act recognizes a
Union representatives in closed labor negotiations Q: Is it legal, and if so, which code can I refer to, to ask the teachers’ union president to come into our closed session under labor negotiations to give us a report only on what is being negotiated? My reason for this is that we do not receive all the information from our negotiation team for the district so we are looking for a way to have the
Identifying self while making public comment Q: Does a member of the public have to identify themselves before commenting? Can they be refused if they do not? A: The Brown Act provides that “[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on items of interest to the public that are within the subject matter jurisdiction of the legislative body.” Ca. Govt. Code Section
Objecting agenda item during meetings Q: Our Board of Supervisors is playing fast and loose with the Brown act, specifically adding items to the agenda that don’t even come close to meeting the requirements of the Brown Act. Question: Can I object to an item being heard ? If yes, how do I object? If no, what do I do? A: Unfortunately, although you can object to an item being heard at a meeting because