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Showing 11 - 20 of 27 results

  • Asked and Answered

    Brown Act

    Getting information from closed sessions

    As a preliminary matter, it is not clear why your Board would have cited Government Code section 54956.9.  Section 54956.9 provides for closed sessions to discuss pending litigation, and does not apply to either of the items you listed in your inquiry. With regard to the first item, public employee discipline/dismissal/release, the Brown Act […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Charter board meetings flout Brown Act rules

    […] may be addressed.Id. The Brown Act authorizes closed sessions to be held under several circumstances: ...to confer with legal counsel to receive advice regarding anticipated or pending litigation (Gov't Code §54956.9); to meet with specific law enforcement officials on matters posing a threat to the security of public buildings, essential public services, or that […]

    June 8, 2011

  • Asked and Answered

    Brown Act

    Reporting closed sessions decisions

    […] session agenda for several weeks regarding a condo's violation of a development agreement. The city manager said publicly that the council had reached a decision that "involves litigation," but he did not discuss the details. No decision was announced after that city council meeting. I assumed that would mean an announcement would come at […]

    June 5, 2010

  • Asked and Answered

    Brown Act CPRA

    Closed Sessions and Permissible Topics

    […] city council has apparently held closed session meetings on whether or not they will repair a landslide on a city street. The agenda notification listed only pending litigation, but did not list the specific subject. These meetings resulted in public policy decisions. I have made a CPRA request for public records relating to the […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Can settlements be negotiated in closed session if no pending litigation exists?

    […] 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?

    June 14, 2009

  • Asked and Answered

    Brown Act

    Attorneys present at closed meetings

    I have a question about closed sessions. We want to update our Board of Directors on current litigation against our hospital. However, we don't necessarily need to have our attorney present to do so. Is this valid closed-session subject matter? And if so, do we need to list the litigation that will be discussed?

    June 14, 2009

  • Latest News

    Press Release

    FAC Prevails in Lawsuit Against Bakersfield Over Open Meetings, Records Violations

    […] that city leaders discussed in secret fundamental issues of city governance, including revenue, staffing and taxation. The city defended the closed-door sessions by saying discussions involved anticipated litigation, and therefore were exempt from the Brown Act’s public meeting requirements. Kern County Superior Court Judge Stephen Schuett rejected that argument. "To permit the City Council […]

    January 10, 2020

  • Asked and Answered

    Brown Act

    The city decided in closed session to let Wal Mart pick up legal tab for lawsuit

    Tonight the City Attorney reported out on the council's closed-session meeting. She told the public that the meeting had discussed pending litigation over a Wal Mart development-agreement lawsuit; that the council had voted 5-0 to defend the city against the suit; and that they had also agreed in this same closed session to allow […]

    August 20, 2012