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Asked and Answered

Brown Act

Public Commenting, The Brown Act, and Closed Session Items

With respect to public comment at meetings subject to the Brown Act, the Act provides that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, […]

June 14, 2009
Asked and Answered

Brown Act

Non-Agenda Items, Emergency Items, and the Brown Act

We may have a violation of the Brown Act. A non-agenda item was brought up and "deemed" an emergency and was voted upon. This after the City Attorney opened the meeting and stated that "the item" would not be discussed. The alleged emergency does not fit any of the emergency statements listed in the […]

June 14, 2009
Asked and Answered

Brown Act CPRA

City-Funded Committees with Non-Public Official Member

[…] were on the committee. The City was asked this question because there is a concern that individuals that were on the committee may benefit directly or indirectly from land purchases the City will make with the open space tax monies. I would like to know your opinion on the City's compliance with the Brown Act.

June 14, 2009
Asked and Answered

Brown Act

Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

[…] administrative leave. The closed session agenda item was added to a special meeting just over 24 hours before that meeting and stated: Public Employee Performance Evaluation/Discipline/dismissal/release ( Government code section 54954.5 and 54947(b)) title: . The employee was told verbally the day before that the item was added but he did not get written […]

January 20, 2021
Asked and Answered

Brown Act First Amendment

Stripped of First Amendment Rights By City Council

[…] you. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. No attorney-client relationship has been formed by way of this response.

December 4, 2018
Asked and Answered

Brown Act

Workshops v. Special Meetings

[…] communications which contribute to the development of a concurrence as to action to be taken by the legislative body." The Brown Act: Open Meetings for Local Legislative Bodies, p. 12 (Cal.Atty General's Office 2003). Assuming such workshop constitutes a meeting for purposes of the Act, your next question is whether such workshop can be […]

June 14, 2009
Asked and Answered

Brown Act

Special audience privilege and the Brown Act

[…] 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 stop other audiences? 1. A board appointed […]

June 14, 2009
Asked and Answered

Brown Act

Sign-in cards for public comment

[…] the meeting up for public comment at all nor do they ask for public comment on agendized items. If someone wants to speak on an item, they must fill out a specially created "blue" card with their name, address, and what topic they want to speak on. If you do not fill out a […]

June 14, 2009
Asked and Answered

Brown Act

Can employment negotiations be held in closed session?

I submitted your Brown Act template regarding a closed meeting. The city attorney response was that it was ok to meet secretly to discuss other terms and conditions of employment with representatives of ".. .recognized employment organizations . . ." Government Code Section 3505. Please clarify.

August 1, 2011
Asked and Answered

Brown Act

Public Official Event Attendance and Public Notice

[…] notified of the meeting or the proposed action. I attended the meeting after receiving an email from a personal friend who over heard a conversation between the City Councilman's wife and the wife of the Mayor. I believe this is at the very least an ethical breach if not a violation of the Brown Act.

June 14, 2009