Search Results for: 54957 dismissal appointment – Page 2

A&A: Board member shared confidential information after closed session

Q: I am an Associate Director at my charter school. I was recently informed by my Board that my contract will not be renewed for the next school year. This is an amicable separation and I am finishing out the school year. However, within a week of this decision, made and executed during a closed session, I learned from two different reliable sources that two Board members had shared this decision with at least three different

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Board of Directors Closed Session

Board of Directors Closed Session Q: Our Board of Directors met in Executive, closed session to discuss amending our By-laws to reduce the number of directors. When I questioned the closed session, I was told that the Board of Directors were considered personnel and as so covered under the personnel matters exception in the Davis-Sterling Open Meeting Act. I read a pamphlet from the California Attorney General’s office that was very clear that board members

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Closed Session on Employee Performance

Closed Session on Employee Performance Q: I am hoping you can tell me whether language that appears in an upcoming school district agenda meets the requirements of the Brown Act. This the language as it appears in the agenda: • Public Employee, to consider appointment, employment, performance evaluation, or dismissal of employee pursuant to GC §54957, as cited in the Brown Act (2 cases). I understand from talking with two members of the Board of

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A&A: No vote on new superintendent, but of consensus reached in closed session

Q: The School Board announced last night that they had narrowed the field of candidates for superintendent to one finalist when reporting out of closed session. But no vote was taken. The board president emailed me today that they had reached consensus. How can they do that without a vote being taken? Is that legal? A: The Brown Act contains a few narrow exceptions to its general requirement that meetings be open to the public.  One

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A&A: Discussion of Employee Termination in Closed Session

Discussion of Employee Termination in Closed Session Q: In 2007, the City held its last budget study session and on the closed session my job, as Director of Finance, title or position was never put on for discussion, nor was my job title put on for closed session since I started with the City. The next morning the mayor and the City manager were waiting for me to terminate my employment with the City. The

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A&A: School Board Voted In Secret to Pick New Superintendent

Q: Our group plus hundreds of teachers, parents, and community activists protested against the secret meeting that the city school board to pick the new yet controversial superintendent. We believe that the closed and secret meeting violated several provisions of the Brown Act and we would like help in understanding how the Brown Act applies and in finding an attorney. A: I am sorry to hear about the lack of transparency associated with the hiring

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A&A: Legal Action Against a Board Member in Closed Session

Legal Action Against a Board Member in Closed Session Q: Is it legal for the superintendent and board president to put under closed session anticipating legal action regarding a board member without notifying that board member of the reasons, etc.? A: Your inquiry raises two issues under the California Brown Act: (1) whether a closed session may properly be held under the Brown Act regarding anticipated “legal action” regarding a board member, and (2) whether

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A&A: Does the Brown Act allow closed session negotiations for all public school contracts?

Q: Does the Brown Act allow a publicly elected school board to hold closed session discussion under Government Code 54957 (Public Employee Appointment/Employment) and 54957.6 (Labor Negotiations) regarding the appointment and pay structure of a Director of Curriculum to the position of Assistant Superintendent of Educational Services. Both positions are administrative positions that report directly to the Superintendent of the District and do not report to, or have direct supervision by the board. The pay is set

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A&A: Closed Sessions under the Brown Act

Closed Sessions under the Brown Act Q: The Situation: the Board of Education for a local district meets in closed session without any prior notification to the public. It makes a personnel decision during that closed session and announces it to the public. Question: Is the unannounced closed session meeting in accordance with Brown Act or any other law?  If not, what are the legal ramifications of that meeting? A: The Brown Act recognizes a

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63 Ops. Cal. Atty. Gen. 153 Discussing Employee Workload and Establishing New Positions in Closed Session(1980)

Office of the Attorney General State of California 63 Ops. Cal. Atty. Gen. 153 Opinion No. 79-1207 February 26, 1980 THE HONORABLE DAVID G. KELLEY THE HONORABLE DAVID G. KELLEY, Assemblyman, Seventy-Fifth District, has requested an opinion on the following question: Under the provisions of The Ralph M. Brown Act, are the following subjects legitimate subjects for executive sessions by the governing body of a local agency: (a) establishment of new administrative positions; (b) the

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A&A: Who is allowed to sit in on closed sessions regarding hiring?

Q: Is a Current County CEO appointed by a Board of Supervisors allowed to sit in on the closed door meeting of interviewing new CEO candidates when 3 of the 6 inside candidates from the County work in the CEO’S Office. While this may be legal it is very troublesome because of power the current CEO wields with the Board of Supervisors. She may want her anointed one. Is there Brown Act laws which would

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A&A: Should school superintendent’s goals be made in closed session?

Q: Our City Council sets the City Manager’s goals in open session. The goals are public. The evaluation of the City Manager in meeting goals in done in closed session. In contrast, the School Board sets  goals for the Superintendent’s in closed session. Recently, the new superintendent made her goals available on the District web site. The Board President thanked her in a public column for choosing to be transparent since the goals are an

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Tehachapi schools: Grand Jury details possible Brown Act violations

After Tehachapi, California citizens questioned the demotion of a middle school principal, the Kern County Grand Jury found that the school board limited public participation by failing to follow open government procedures. -DB KERO 23 ABC May 27, 2009 TEHACHAPI, Calif. — In response to several citizen complaints regarding the demotion of Jacobsen Middle School Principal Eric Trigueiro, the Health, Education and Social Services Committee 2008-2009 Kern County Grand Jury investigated the Tehachapi Unified School

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A&A: School Board Closed Sessions with Administrators

School Board Closed Sessions with Administrators Q: The School Board meets in Closed Session and apparently regularly invites a “leadership team” of administrators into the Closed Session. The administrators are not necessarily there to answer specific questions that are on the agenda of the Closed Session, but to merely be there in case questions come up. I understand that board members who apparently know this to be a possible violation of the Brown Act, both

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A&A: Can a school board restrict critical speech about district employees?

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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75 Ops. Cal. Atty. Gen. 14 Local Board Can Use Closed Session to Discuss Litigation Settlement (1992)

Office of the Attorney General State of California 75 Ops. Cal. Atty. Gen. 14 Opinion No. 91-803 February 5, 1992 THE HONORABLE MICHAEL D. BRADBURY DISTRICT ATTORNEY VENTURA COUNTY THE HONORABLE MICHAEL D. BRADBURY, DISTRICT ATTORNEY, VENTURA COUNTY, has requested an opinion on the following question May a local agency such as a county board of supervisors use the “pending litigation” exception of the Ralph M. Brown Act to go into closed session to deliberate

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A&A: Charter board meetings flout Brown Act rules

Q: Can Charter Boards hold special meetings, with limited notice on just any subject? Can they go into closed session and report out publicly that no action was taken, then order the CEO to do what was decided in the closed session? Can a vote be taken to approve signature of a disclosure filing that contains conflict of interest information and then the board president refuse to sign it in a timely fashion? A: Addressing

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A&A: Parent’s email complaint entered as a public comment by school site council

Q: I am a member of our School Site Council. During a recent public comment period, our chairperson read aloud an email that contained a detailed complaint (disclosing the names of a staff member and the emailer’s child – neither of whom were present). Is it the case that we are obligated under the Brown Act to hear the full text of all emails directed to us as public comments, whether or not our committee

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California open government roundup: Mayor called out for Brown Act, free-speech issues

Hollister Mayor Ignacio Velazquez is feeling the heat, accused by Mia Casey of violating the Brown Act by interrupting her while she was criticizing Velazquez for his treatment of the public. FAC’s David Loy said that Velazquez not only violated the Brown Act but also Casey’s right to free speech. (Benito Link, April 1, 2022, by John Chadwell) The Ventura city attorney said five members of the city council violated the Brown Act by discussing

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