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A&A: Brown Act and statute of limitations

firstamendment June 13, 2009

Q: Does an action requesting purely equitable (injunctive) relief for a Brown Act violation have a statute of limitations? A: The statute of limitations for filing a Brown Act action for injunctive relief is quite short.  Please note that before suing for injunctive relief, you are required to make a written demand that the legislative body “cure or correct” the action.  Cal. Gov’t Code section 54960.1(b).  Generally speaking, the demand must be made within 90

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A&A: Can a special meeting on 24 hours notice include a closed session?

firstamendment June 13, 2009

Can a special meeting on 24 hours notice include a closed session? Q: Regarding Special Meeting, it is an open public meeting and requires a 24 hour notice to inform the public of the upcoming special meeting, what about the closed session meeting? Even though your organization mentioned that closed session can be done even with a 24 hours notice to inform the public of the Special Meeting, there is a law stated that ALL

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A&A: Senior Center Boards and the Brown Act

firstamendment June 13, 2009

Senior Center Boards and the Brown Act Q: There is a large senior center complex Are their Board of Directors’ meetings subject to the Brown Act? A: With respect to whether the  Board of Directors is subject to the Brown Act, your inquiry does not provide enough information.  The answer depends on whether it is a “legislative body” for the purposes of the Brown Act.  The Brown Act defines that term in Government Code section

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A&A: Selling property and public input

firstamendment June 13, 2009

Selling property and public input Q: Can a city sell property with just a closed session hearing? No open public hearing on the sale was held. A: Government Code section 54956.8 permits a legislative body to meet in closed session to advise its negotiator concerning the “price” and “terms of payment” in connection with the purchase, sale, lease or exchange of property by or for the agency. A California appellate court stated that the purpose

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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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