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Asked and Answered

Brown Act

Board member shared confidential information after closed session

[…] permits an agency to meet in a closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee." Gov’t Code § 54957(b). The Brown Act prohibits disclosure of "confidential information" obtained at a closed session held pursuant to the Brown Act to "a person not entitled to receive […]

September 9, 2016
Asked and Answered

Brown Act

Dealing with a cure and correct notice in a closed session

Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session." (Full text of Section 54957 reproduced […]

June 14, 2009
Asked and Answered

Brown Act

School Board Voted In Secret to Pick New Superintendent

[…] the Brown Act does permit for some discussions to be held behind closed doors, but these exceptions are to be construed narrowly. With respect to hiring decisions,Section 54957(b) permits a legislative body of a local agency to hold a closed sessions during a regular or special meeting "to consider the appointment, employment, evaluation of […]

December 10, 2018
Asked and Answered

Brown Act

School Board Closed Sessions with Administrators

[…] employee requests a public session, but note that the term "employee" does not include an elected official or a member of a legislative body (Gov't Code § 54957) -To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain the license (Gov't […]

June 14, 2009
Asked and Answered

CPRA

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

[…] its requirement that all legislative deliberations occur in open session, one of which is "to consider the…performance, discipline, or dismissal of a public employee." Gov’t Code § 54957(b). If the meeting in question was to discuss disciplinary action, the Board may have properly met in closed session, but was required to post an agenda […]

September 1, 2016
Asked and Answered

Brown Act

Closed Session Voting

[…] employee, or to hear complaints or charges brought against the employee by another person or employee, unless the employee requests a public session." Cal Gov't Code § 54957(b)(1). With regard to the confidentiality of closed sessions, the Brown Act provides that "a person may not disclose confidential information that has been acquired by being […]

June 14, 2009
Asked and Answered

Brown Act

Closed sessions under the Brown Act

[…] requests a public session, but note that the term "employee" does not include an elected official or a member of a legislative body. (Cal. Gov't Code § 54957(a)(2).) Please note, however, that the term "employee" does not include any elected official or member of the legislative body. (Cal. Gov't Code § 54957(a)(4).) —To discuss […]

June 14, 2009
Asked and Answered

Brown Act

Circumstances for closed meetings

[…] posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities" (Gov't Code § 54957) —To consider the appointment, employment, evaluation or performance, discipline, or dismissal of a public employee, or to hear complaints or charges brought against the employee by […]

June 14, 2009
Asked and Answered

Brown Act CPRA

School Superintendent Goals: Public or Private?

[…] meet in closed session. Under the Brown Act, the school board could meet in a closed to evaluate the performance of a school superintendent. Govt. Code § 54957(b); Duval v. Board of Trustees of Coalinga-Huron Joint Unified School District, 93 Cal. App. 4th 902, 909-10. Closed sessions are limited in scope, however, only to discussions that […]

August 14, 2014
Asked and Answered

Brown Act

Is a contracted City Attorney a city employee?

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 […]

June 14, 2009