Search Results for: 54954(a) agenda – Page 3

A&A: Has the Brown Act changed to allow votes on items not on agenda?

Q: At its last meeting, City Council members were told by the city attorney that the city no longer has to abide by some of the provisions of the Brown Act. He was citing the city’s ability to vote on an issue that was not on the agenda, telling them it was OK.  Has the Brown Act been revised to include this change? A: I am not aware of any changes in the law that would allow

Read More »

A&A:Public comments on water rates closed, item still on agenda

Q: The current City Council Agenda contains the following item: “DISCUSSION AND POTENTIAL ACTION ITEMS. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.” Here is the problem. We are not being allowed to comment about this item at all, even though it has been on multiple Agenda’s and postponed multiple times. The City Attorney says we can’t comment on it because the Prop

Read More »

A&A: Agenda items failed to mention a parcel tax as part of ballot measure

Q: I would like an opinion on whether circumstances surrounding the County Board of Supervisors’ placement of Measure A1 on the Nov ballot in Alameda County violated the Brown Act. a. The measure was first discussed at a special retreat on May 8. The Agenda (see url below) includes no mention of the Oakland Zoo or any parcel tax measure b. The Minutes of that meeting (url below) include no mention of the Oakland Zoo

Read More »

A&A: Public comment limited to three items on Water Quality Board agenda

Q: A draft National Pollutant Discharge Elimination System (NPDES) permit was submitted for comments. A final permit ignored most comments, but made three small changes. The first and only public hearing is coming up , but the agenda states that oral comments will be limited to the three changes. Thus, no important points can be made to the Regional Water Quality Board members at the public hearing. Can they so tightly constrain what the board

Read More »

A&A: Does short notice of public hearing invalidate contract?

Q: DMV code requires a Public Hearing before entering into a Red-Light Camera Contract. I contend the new contract our city council has approved is invalid because the requirement for a public hearing was not met. The city manager proposed a new contract when the current contract expires June 30. The Public Hearing was noticed on May 18 in a local newspaper for a June 1 meeting, at which time the city council  was to

Read More »

A&A: Multiple Requests to Pull Item off Consent Agenda Overridden by County Supervisors

Q: If a County Supervisor stuffs an item back onto the Consent Agenda during a closed-door meeting, do I have a legitimate complaint that can be brought to the Fair Political Practices Commission? A: The California Fair Political Practices Commission is the state agency tasked with enforcement of California’s Political Reform Act, and primarily concerns itself with the conduct of political campaigns and elections. Your situation is more likely to be covered under the Ralph

Read More »

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″

Read More »

A&A: School Boards, Closed Sessions, and Student Files

Q: I have learned that our school board viewed files of a student in closed session. I learned that the file contains information about the student’s behavior. My further question is: Is there something in law that allows the board to meet in closed session when reviewing such materials? They regularly meet in closed session to deal with student expulsions. A: For the purposes of responding to your question, we assume that the school district

Read More »

A&A: Does Brown Act Allow Adding Agenda Items Less Than 72-Hours Before A Meeting?

Q: A California City Council originally released an agenda for its regular meeting without a closed session. Each agenda usually has a closed session heading listed at the end of the meeting — but the council doesn’t meet in closed session; it’s like a placeholder. On its action calendar, the council was scheduled to discuss and appoint a new interim city attorney. Three hours before the 7 p.m. meeting, the city clerk sent out an

Read More »

A&A: How Do Citizens Know If Agenda Items Meet the Criteria for Closed Sessions Discussion?

Q: How does a member of the public know if matters taken up in the closed session portion of a meeting of a state body qualify under relevant law to be so classified? Do we have to take the agency’s word for it? At meeting this year of a committee of CalPERS pension fund, many topics that for years have been taken up in open meetings were moved to the closed meetings. This is an

Read More »

A&A: Water agency contractors’ calculations “trade secret”?

Q: A county water agency has hired a consultant for a major capital project and has released the feasibility study done by the consultant but has not responded for a request to review the consulting contract itself. This isn’t academic: the agency asserts that the consultants’ excel spread sheet originals containing the actual cell-by-cell math calculations are proprietary to the consultant and the water agency itself isn’t privy to the calculations. Here’s the dilemma: first,

Read More »

A&A: City Council Met Prior to Public Meeting and Made Last-Minute Agenda Changes

Q: I requested and received emails from the City regarding a developer’s plan that was not made public. The mayor and a council member met before a public hearing in which the agenda was changed at the last minute. The vote was 4-1 in favor of the road we were promised would not go in. Does this violate the Brown Act? A: The Brown Act, requires that a legislative body subject to the Act must post

Read More »

Public Records Non-Compliance, Filing Suit, and Non-Response

Q: What can I do if  a county office of education doesn’t respond to a CPRA request?  When I file an official request with the county superintendent of schools in his/her capacity as the secretary to the county board of education (with copies to each county board member) I frequently receive no answer. What recourse do I have? I have requested the district attorney to help, but he doesn’t even answer. I do not have the money

Read More »

A&A: Can California Agencies Continue to Hold Meetings Remotely After the State Reopens?

Q: I asked a water agency in California if it planned to continue holding meetings online after the state reopens this month, and it said that would not be legal under the Brown Act. Is that true?  A: The agency’s response that making public participation in agency meetings available online and through Zoom is “currently not legal under the Brown Act” is incorrect.   The agency does acknowledge that online meetings would not comply with the

Read More »