firstamendment

A&A: Closed Session Voting

Closed Session Voting Q: In a closed session discussion, a vote was taken regarding the non-reelect of employees.  After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote).  Is the reason they gave for the way they voted confidential information? A: As you may know, the Brown Act provides that a legislative body may hold a closed session

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A&A: Closed sessions…

Closed sessions… Q: Our city attorney is planning a closed session meeting with the city council and police review commission to discuss a recent court decision regarding open police complaint hearings.  Is this legal? A: The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency.  The purpose of the pending litigation

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A&A: Religious institutions and the Brown Act

Religious institutions and the Brown Act Q: I would like to find out if the Brown Act applies to Churches/Temples that are non profit or charitable institutions? Can the President of a board of directors have meetings with a few members of the board without taking minutes and without the full executive committee brought in to the “dinner” or meeting prior to a scheduled but closed meeting of the board? A: The Brown Act applies

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A&A: Getting information from closed sessions

Getting information from closed sessions Q: Our board has agendized for the upcoming meeting the following under closed session using 54956.9 for the below items. a.  Public Employee Discipline/Dismissal/Release b.  Conference with Labor Negotiator Does this mean that during open session they need not disclose the position of the employee that was being disciplined and dismissed or what the labor negotiations outcome was? A: As a preliminary matter, it is not clear why your Board

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A&A: Special audience privilege and the Brown Act

Special audience privilege and the Brown Act Q: Does Brown Act specify that any board member and any school administration staff enjoy “special audience” privilege to join any board appointed committee’s discussion at anytime? If so, could you refer me to the specific section(s) regarding this? Does it mean that a board appointed committee chair must allow a board member (even she/he is not the committee member) to speak anytime during the committee meetings, but

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