Search Results for: cure correct letter – Page 2

A&A: Reporting closed sessions decisions

Q: The city council has had an item on its closed 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 the next city council meeting following closed session. Again, this

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California open government roundup: California legislature sports poor record on transparency

As the sun shines on Sunshine Week, recognizing the importance of open government, the California legislature is still operating partially in the dark. The legislature has exempted itself from the Brown Act, the state’s open meeting law. A proposition passed by voters required the legislature to publish bills 72 hours before a vote, but legislative records are still not open to the public.  (The Orange County Register, March 12, 2018, by The Editorial Board) A

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A&A: How to cure and correct an improper action

How to cure and correct an improper action Q: A Commission had four email transmissions between a majority of its members prior to its meeting this week, of which I have copies. The City Attorney found out what was happening and told them to stop it since they were violating the Brown Act, but the meeting went forward anyway. How do we best proceed to get their decision undone? A: Assuming the meeting was held

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A&A: Cure and correct Brown Act violations

Cure and correct Brown Act violations Q:  Members of my neighborhood were prevented access to meetings that we think should be open.  The county board of supervisors passed a resolution to create a technical advisory committee (TAC) to manage a new large-scale commercial solid waste transfer station in this area. This committee is made up of staff members at the city and county level and they have already decided on potential site locations, etc, and

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A&A: Model Letters

Model Letters Q: I was wondering if, under “Model Letters” on the website, CFAC can provide a model letter in regards to a general Ralph M. Brown Act request of an agenda/agenda packet to an organization? I believe this would be helpful as it will communicate clearly to the receiver that they are legally mandated to do so. If this is request is being considered please have language that also addresses having it requested electronically

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A&A: Can I use information revealed in closed session, or is it privileged?

Q: I have been an adjunct prof at a local Junior College for 20 years. When a student  was prevented from passing out constitutions on Constitution Day, I publicly criticized the Administration. They retaliated by giving me a terrible teaching evaluation and by forbidding me to use my own writings in my classes. In response, I filed two whistle-blower complaints against the Community College District and several of its employees. Immediately, the District unlawfully retaliated by threatening

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A&A: How do we enforce the Brown Act?

Q: After nearly two years of trying, we finally got a photograph of three of our County Board of Supervisors (we have a five member Board) having lunch together as they regularly do. We can’t take it to the DA as he has been compromised as has our County Counsel. What can we do? A: The Brown Act, at Govt. Code section 54952.2, defines a “meeting” as “any congregation of a majority of the members

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A&A: Teacher terminated after closed session

Q: Last weekend our son’s 4th grade teacher was fired from her “at will” employment at a local charter school. The board held a Regular Meeting and decided “immediate action” had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes on her behalf when she happened to walk by the meeting. The board then held a closed session and

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Los Angeles D.A. says Brown Act effective deterrent

Los Angeles County District Attorney staff members say they enforce the Brown Act aggressively but seek compliance rather punishment and has only had to bring two civil suits to enforce the act in the last eight years. They urge public officials to embrace the act rather than treat it as an obstacle. -DB Metropolitan News-Enterprise October 2, 2009 By Kenneth Ofgang The District Attorney’s Office aggressively enforces the state’s open meetings law for local public agencies with

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Sneaky transfer of redevelopment money exposed in Los Angeles

A community activist has filed a complaint with the Los Angeles District Attorney alleging that in its haste to protect redevelopment money under siege by Governor Jerry Brown’s proposed budget cuts, the Los Angeles Community Redevelopment Agency (CRA) failed to comply with California’s open meeting law, the Brown Act. The activist followed the complaint with a letter asking the CRA for a “cure and correct” action that put an end to the agency’s intent to

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A&A: Obligation to stated agenda

Obligation to stated agenda Q: Labor law requires that in order to negotiate a new contract the union’s proposals must be presented in a public meeting. The School District agendized the sunshining of a teamsters union contract proposal but did not have the proposal available at the meeting or place the proposal on its website.  It only showed on its website a copy of a letter requesting a meeting between Teamster and the District.I protested

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A&A: How to file a Brown Act complaint

A: The City Planning Commission considered an item not on the agenda, discussed it, and voted to deny it. I want to file a complaint. Where can I find what to do, the timeline, and a sample complaint? Q: If you feel that the Brown Act was violated, the first step would be to send a letter to the planning commission demanding that it cure or correct the action taken in violation of the Brown

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Oroville City Council to remedy Brown Act violation this week

After failing to put up for public discussion all details of a compensation package for a new fire chief, the Oroville City Council will correct the Brown Act violation by considering the package in an open meeting. -DB Oroville Mercury-Register November 15, 2009 By Mary Weston OROVILLE, Calif. — The City Council has an item to cure and correct a Brown Act violation on the docket Tuesday, as well as a decision about declaring housing

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Northern California: District Attorney sides with citizen about Brown Act violation

Butte County District Attorney agreed with a citizen who said the Oroville City council violated the Brown Act, California’s open government law, when it appointed a fire chief and approved free rent and the use of a city car on weekends in closed session last August and failed to report the rent and car benefits. -DB Oroville Mercury-Register November 6, 2009 By Mary Weston OROVILLE — Butte County District Attorney Mike Ramsey asked the city

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A&A: Secret Ballots

Secret Ballots Q: Is it legal for a school board to fill a vacancy on the board with a secret vote? Is this addressed in the Brown Act and if so, where? A: The Brown Act prohibits action by secret ballot.  See Gov. Code § 54953(c).  Although the Brown Act authorizes a closed session to discuss the appointment of a public employee, the legislative body must publicly report any action taken in closed session at

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A&A: Closed meeting votes and the Brown Act

Closed meeting votes and the Brown Act Q: Under the Brown Act, can a sitting city council conduct a secret vote (no public notification) whether to consider a legally filed candidate for a city commission appointment, and then, refuse to make public how each council member voted or how the tally went when they do appoint candidates to a commission? A: The Brown Act prohibits action by secret ballot.  Gov. Code § 54953(c) (“[n]o legislative

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A&A: Inaccurate agenda information at County Board meeting

Q: Is it a Brown Act violation to intentionally provide false information on the agenda, agenda description, or supporting documents provided with the agenda for a County Board meeting? A: As you appear to be aware, the Brown Act requires legislative bodies to post an agenda for all meetings.  “At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general

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