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Showing 11 - 20 of 27 results

Asked and Answered

Brown Act

Closed sessions to hire and decide pay for outside counsel

[…] a local agency, "based on advice of its legal counsel," may hold "a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation." It is conceivable that a city council […]

June 14, 2009
Asked and Answered

Brown Act

Public notice and disclosure of existing litigation

Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without […]

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
Asked and Answered

Brown Act

Grounds for Cease & Desist under the Brown Act

Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as "Pending Litigation." Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order?

March 31, 2016
Asked and Answered

Brown Act

School Board Closed Sessions with Administrators

[…] have his or her name or other information that is protected by federal law publicly disclosed (Gov't Code § 54956.86) -To confer with legal counsel regarding pending litigation, when discussion in open session would prejudice the local agency in the litigation--see the Brown Act for a detailed definition of what constitutes "pending litigation" (Gov't […]

June 14, 2009
Asked and Answered

Brown Act

Circumstances for closed meetings

[…] have his or her name or other information that is protected by federal law publicly disclosed (Gov't Code § 54956.86) —To confer with legal counsel regarding pending litigation, when discussion in open session would prejudice the local agency in the litigation —see the Brown Act for a detailed definition of what constitutes"pending litigation" (Gov't […]

June 14, 2009
Asked and Answered

Brown Act

Minutes and closed sessions

[…] I am not aware of any provision that would result in an action being invalidated because the attorney telephonically attended a closed session pursuant to the pending litigation exception under section 54956.9. Section 54956.9 states that a legislative body may hold a closed session "to confer with, or receive advice from, its legal counsel […]

June 14, 2009
Asked and Answered

Brown Act

Dealing with a cure and correct notice in a closed session

[…] -- that only those specifically listed topics related to employees may be discussed in closed session. Cal. Const., Art. I, Sect. 3(a)(2). With respect to the "pending litigation" justification for closed sessions, Section 54956.9 provides that a board may, "based on advice of its legal counsel, a closed session to confer with, or receive […]

June 14, 2009
Asked and Answered

Brown Act

Did City Violate Brown Act With This Switch of issue Decided During Closed Session?

[…] the city attorney says is not allowed under the city's charter. The mayor has said he is considering going to court to establish that he does have that right, and so the closed session was aggendized as "anticipated litigation." But is deciding on a public statement regarding related questions within the realm of permissible discussions?

November 29, 2018
Asked and Answered

Brown Act

Co-op non-profits

I live in a shareholder owned, non profit, stock cooperative. When the board of directors chose to meet in executive session to consider litigation against a shareholder and did NOT vote in front of the membership to pursue it, is there any case or lawsuit you can refer me to where a decision by […]

June 14, 2009