Search Results for: 4956.9 litigation – Page 3

67 Ops. Cal. Atty. Gen. 111 Can County Advisory Board Meet With Counsel in Closed Session to Discuss Litigation Involving Board of Supervisors? (1984)

CA-AG (California Attorney General Opinions) 67 Ops. Cal. Atty. Gen. 111 Office of the Attorney General State of California Opinion No. 83-1107 March 20, 1984 THE HONORABLE ADRIAN KUYPER COUNTY COUNSEL ORANGE COUNTY THE HONORABLE ADRIAN KUYPER, COUNTY COUNSEL, ORANGE COUNTY, has requested an opinion on the following question: Is an advisory committee which has been created by the Board of Supervisors to advise it on airport matters entitled to meet in closed session with

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A&A: When are closed sessions legitimized under the Brown Act?

Q: I serve as a trustee on a California school board, and I have a Brown Act-related question. At our next board meeting we will be discussing whether to allow exemptions to the ban on carrying concealed weapons on campus (under SB 707). There is some move toward having the discussion in closed session on the grounds that it could potentially involve litigation and become a union issue. Given that there’s no actual litigation, existing

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A&A: School board keeping exorbitant attorney fees in closed session

Q: As a school board member I have tried, but failed, to have the copious exorbitant legal billings by the district’s attorney released to the public.  So far the attorney’s fees of $50k to $70k per month (the amount of almost $1million is rapidly approaching) have been discussed in closed session and the rest of the board members what to keep it that way . I consider the attorney just like any other a vendor and

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A&A: Closed sessions to hire and decide pay for outside counsel

Closed sessions to hire and decide pay for outside counsel Q: Can city council hold a closed session to decide to hire outside counsel? Can they decide in closed session on how much to pay outside counsel? A: Section 54956.9 of the California Government Code provides that the legislative body of 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

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Golden Gate Bridge suicide records

Golden Gate Bridge suicide records Q: I recently made a request to the Golden Gate Bridge and Transportation District for copies of all incident reports from 2006 regarding suicides at the Golden Gate Bridge, attempted suicides, and interrupted suicides.  I had made a similar request for the records from 2004 a few years ago and was provided with the documents I requested. This time, however, the District responded that they had changed their policy and

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Details of Preliminary Lawsuit Settlements

Details of Preliminary Lawsuit Settlements Q: The Metropolitan Transportation Authority (MTA) board approved a settlement of a lawsuit by Clear Channel Outdoor regarding the removal of some billboards from MTA property to make way for a street improvement project.  On or about the same time, the MTA agreed to sell some surplus property to the City for a park project, on the condition that the city approve a supplemental use district allowing four new Clear

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Guiliani hits Smartmatic with free speech law suit

Rudy Guiliani filed a counter suit against Smartmatic to pay his legal fees in a $12.7 billion lawsuit the company brought against him for false claims over the rigging of the 2020 presidential election. Guiliani claims the Smartmatic litigation blocks his right to speak out on matters of public interest. (U.S.News & World Report, June 14, 2022, by Jonathan Stempel of Reuters) Giuliani argues since a New York state judge dismissed some of Smartmatic’s claims

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A&A: Attorneys present at closed meetings

Attorneys present at closed meetings Q: 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? A: Government Code 54956.9 allows legislative bodies (which includes hospital districts) to hold closed sessions

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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: Emergency agenda items and proper notice requirements

Emergency agenda items and proper notice requirements Q: My first question is: What is the correct procedure for adding an “emergency” item to a city Council agenda? Recently, a City Council added an “emergency” closed session to its agenda to discuss “anticipated litigation” without any motions or votes. My second question is about anticipated litigation: Must it be described in some fashion when it’s added? A: It is unclear from the information you submitted in

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A&A: Is it a Brown Act violation to move item from closed to open session?

Q: I believe the City Council  violated the Brown Act at a recent meeting when councilmembers voted 5-0 to move a closed-session item, described only with the name of an individual to the Regular Agenda. Can you tell me if it was proper for the City Council to move a closed-session item to the Regular Agenda during the Open Meeting without proper notice that it would be discussed in open session? A: If the City Council moved

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Southern California: Chino school board strives to get in sync with open meeting requirements

The Chino Valley Unified School Board is meeting this week to remedy alleged violations of California’s Brown Act, according to one open government advocate, failing to place on agendas anticipated lawsuits discussed in closed sessions. -db San Jose Mercury News November 1, 2010 By Neil Nisperos CHINO – The Chino Valley Unified School District this week is expected to address an apparent Brown Act violation. Richard McKee, the vice president for Open Government Compliance, said

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A&A: Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

Q: I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the lawsuit based on additional exemptions to the Act. My question is: once a final determination is made to withhold certain

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

Q: 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 Wal Mart to cover the city’s full legal costs for the suit. Although I understand the city’s need and right

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A&A: Closed Sessions and Permissible Topics

Closed Sessions and Permissible Topics Q: My local 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 landslide. I assume that they need to at least disclose whether there were

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Accessing juvenile court records

Accessing juvenile court records Q: I need to find a law to access juvenile court records. Could you help me? A: Generally speaking, juvenile court records are confidential except as to certain law enforcement and court personnel, or the parents and guardian of the minor. Other persons can get access to documents only with permission of the court. You would have to file a petition to do this. You haven’t disclosed your relationship to the

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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: San Carlos closed session inspires allegation of illegal action

San Carlos is denying that they committed an open meeting violation when they conducted a closed session to appoint the mayor and a councilman to represent the city in a mediation with an adjoining city. Instead of listing the matter on the closed meeting agenda, the city simply listed “anticipated litigation” which gave the council a right to meet privately. An attorney hired by the city said the term “anticipated litigation” was not intended to

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