Search Results for: 54957 elected – Page 2

A&A: Is a contracted City Attorney a city employee?

Is a contracted City Attorney a city employee? Q: Are contracted City Attorneys considered city employees? I’m asking because the city I cover has scheduled a closed-session meeting to review the job performance of its City Attorney. This comes at a time when a few council members want to replace the current attorney, who charges $130 per hour, with a full-time, in-house attorney that would cost more. If the City Attorney technically is not a

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A&A: Incomplete labor exemption codes within School District closed session agenda

Q:I have continually requested the agenda labor exemption code be corrected for a closed session in our School District. The full exemption code is 54957.6(a), however they continue to list only 54957, leaving out the .6(a) portion. I believe accuracy would be better for transparency, and I want it to be legal as well. How can I ensure the school district employs the complete exemption code? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#0e1685″ color=”#ffffff” size=”5″ wide=”yes” center=”yes” radius=”0″

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A&A: Can Employment Records & Dismissal Be Presented in City Council Open Session?

Q: Recently a local City Counsel meeting was to be held as an open session to hear non-adopt arguments with regard to a proposed Administrative Law Judge’s (ALJ) decision to fully reinstate employment of a firefighter. My husband never received notice of the open session (hearing). Also, on the agenda it listed his full name and that at this open session there would not be any public comment allowed regarding what was being heard. Is this

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A&A: Does the Brown Act allow closed sessions to appoint legal firm?

Q: Our local water district board is appointing new general counsel. They have agendized this in a special meeting, allowing each prospect to give a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), ”Public Employee Appointment: General Counsel.” I have never seen this done before. Can a legislative body refer to General Counsel as a ”Public Employee” and use this GC as safe

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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: Dealing with a cure and correct notice in a closed session

Dealing with a cure and correct notice in a closed session Q: The school board I am a member received a cure and correct challenge regarding an action taken in closed session to dismiss an employee.  The cure and correct involves whether proper notice was given for the meeting.  The president and superintendent have placed the response to the cure and correct claim on next week’s agenda.  They are saying it is a closed session

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A&A: Does A Closed Session Employment Termination Decision Violate the Brown Act?

Q: After four years of service as the Library Director of the City’s Public Library, I found out yesterday that I am to be terminated from this position. The decision took place during a special meeting of the Library Board. I was at the meeting, but not invited to attend the closed session. The meeting was agendized as “Public Employee Evaluation—Library Director “ and made no mention of possible disciplinary action. I received no noice

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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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Top Ten Brown Act FAQ from 2014 Legal Hotline Archive

Test your Brown Act expertise against the Legal Hotline attorneys’ answers You have a right to know and we have the Legal Hotline database of hundreds of Brown Act, CPRA, FOIA and free speech questions that were asked by you and answered by our first amendment attorneys. These questions are the most popular  answers to the most frequently asked questions on our website. Test your Brown Act expertise with these Top Ten ?’s or ask your own ? at

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Closed Session Performance Evaluations

Closed Session Performance Evaluations Q: On the City Council agenda it states under closed session: Pursuant to Government Code Section 54957 and 54957.6, the City Council will meet with the City Administrator, to hold performance evaluations and consider the salaries for the Director of Parks and Trees, the Director of Community Development and Public Works ….. All department heads are up for evaluation and they are wanting salary increases. All department heads are also contract

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A&A: Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

Q: At a special meeting of a California legislative body, an employee was suddenly put on paid 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: [employee title]. The employee was told verbally the day before that the item was added but he did not get written notice and was not

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A&A: What is the Brown Act statute of limitations?

Q:  I was fired a year ago, but I am only now reading that the board violated the Brown Act by not disclosing that my position would be discussed in closed session — 54957. (2) is the violation. I see from your A&A section that there is only only a 90-day window of opportunity to submit a Cure & Correct letter, but I do not see that spelled out in the Brown Act itself. Where

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A&A: Denied right to have job termination discussed in open meeting

Q: I was accused of conflict of interest and fired from my job at the Community College District. I requested an open session for the appeal to the Board for my termination and was denied. I made three requests in writing, all of which were denied by the District. I believe it is my right to an open session according to the Brown Act. A: There are situations where legislative bodies may hold meetings that

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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: Closed Session Voting

Closed Session Voting Q: In a closed session discussion, a vote was taken regarding the non-reelect of employees.  After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote).  Is the reason they gave for the way they voted confidential information? A: As you may know, the Brown Act provides that a legislative body may hold a closed session

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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 college governing body meeting to endorse trustees candidate

Meeting in closed session to select a candidate Q: I have what is probable a simple question for you. I am wondering if a student governing body at a college can meet in close session to discuss possibly endorsing a candidate for the board of trustees in an upcoming election? Would this violate the Brown Act? A: Assuming that the student governing body of the college to which you are referring is subject to the

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A&A: Closed Sessions of City Council Meetings

Closed Sessions of City Council Meetings Q: Where I live, the city council has the closed session portion of the meeting first.  This leads the public to believe things on the agenda are being voted on and the decision is made on the item, before the public has the opportunity to comment on the item. Is this legal i.e. holding closed session first?  If this is not legal, what California laws were violated? A: The Brown

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Yuba City: Questions arise about possible open government violation in proposed raise for community college chancellor

The Yuba Community College District board may have violated California’s Brown Act which requires the board to hold discussions about salary increases in open session. -DB Daily Democrat Commentary January 28, 2010 By Erin Tracy A decision to approve a salary hike for the Yuba Community College District chancellor might be considered insult to injury for those impacted by budget cuts, but is also an apparent violation of the Brown Act. At its Jan. 20 meeting,

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