Search Results for: 54957 performance – Page 3

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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A&A: School refuses to explain why principal fired behind closed doors

Q: An elementary school principal was forced to resigned after a closed session meeting with the school board. Board members say they CAN’T talk about the decision. I made a written request for the files. They say they don’t have to show me the file’s under government code 6250. I don’t believe that’s true. Most of the employees at the school agree with me, but cannot speak up. A: There seem to be a couple

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A&A: School Superintendent Goals: Public or Private?

Q: School Superintendent Goals: Public or Private? Under the Brown Act, does a school board have the obligation to disclose the goals they set for the district superintendent of schools? Similarly, do they have the obligation to disclose the evaluation criteria for the superintendent of schools? The evaluation criteria for teachers is in the public record, so why not the same for the superintendent? A: The Brown Act governs public access to meetings and provides

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A&A: Discussion of Employee Termination in Closed Session

Discussion of Employee Termination in Closed Session Q: In 2007, the City held its last budget study session and on the closed session my job, as Director of Finance, title or position was never put on for discussion, nor was my job title put on for closed session since I started with the City. The next morning the mayor and the City manager were waiting for me to terminate my employment with the City. The

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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: 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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Tehachapi schools: Grand Jury details possible Brown Act violations

After Tehachapi, California citizens questioned the demotion of a middle school principal, the Kern County Grand Jury found that the school board limited public participation by failing to follow open government procedures. -DB KERO 23 ABC May 27, 2009 TEHACHAPI, Calif. — In response to several citizen complaints regarding the demotion of Jacobsen Middle School Principal Eric Trigueiro, the Health, Education and Social Services Committee 2008-2009 Kern County Grand Jury investigated the Tehachapi Unified School

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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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75 Ops. Cal. Atty. Gen. 14 Local Board Can Use Closed Session to Discuss Litigation Settlement (1992)

Office of the Attorney General State of California 75 Ops. Cal. Atty. Gen. 14 Opinion No. 91-803 February 5, 1992 THE HONORABLE MICHAEL D. BRADBURY DISTRICT ATTORNEY VENTURA COUNTY THE HONORABLE MICHAEL D. BRADBURY, DISTRICT ATTORNEY, VENTURA COUNTY, has requested an opinion on the following question May a local agency such as a county board of supervisors use the “pending litigation” exception of the Ralph M. Brown Act to go into closed session to deliberate

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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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A&A: Can a school board restrict critical speech about district employees?

Can a school board restrict critical speech about district employees? Q: Recently a school board adopted a policy that forbids individuals from making critical remarks about staff/board members. I am familiar with Baca v. Moreno Valley USD where the school board there tried to stifle free speech in a similar way and ended up on the losing end of the argument in court. The School District board of trustees recently included the following language on the

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A&A: City Council Action in Secret

Q: Our city’s fire chief is on medical leave.  I heard the city council approved a search for an interim fire chief several weeks ago, but it was not disclosed to our paper. Is it legal for the city council to approve a search without notifying the public? A: Under the Brown Act, a city council is not supposed to take any action in secret, except where the matter can be discussed in closed session, and

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A&A: Parent’s email complaint entered as a public comment by school site council

Q: I am a member of our School Site Council. During a recent public comment period, our chairperson read aloud an email that contained a detailed complaint (disclosing the names of a staff member and the emailer’s child – neither of whom were present). Is it the case that we are obligated under the Brown Act to hear the full text of all emails directed to us as public comments, whether or not our committee

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California: Glendale councilman claims council violated open meetings law

Glendale city councilman Rafi Manoukian has alleged that the council violated the Brown Act, the state’s open meeting law, when they held a closed meeting on the topic of the city manager’s impending retirement. Although Manoukian would not say what his allegation entailed, the closed session on the city manager was posted as “Performance Evaluation – City Manager”. Since the city manager told the council he wanted to retire, it could be that issues other

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Watchdog finds progress in federal agency compliance with FOIA

An analysis by OMB Watch shows that the Obama administration is gaining some traction in implementing procedures to comply with the Freedom of Information Act. -db From a press release by OMB Watch, March 16, 2011. OMB Watch Analysis Finds Obama Administration Slowly Rebuilding Government’s FOIA Performance WASHINGTON, March 16, 2011—Today, OMB Watch released an initial analysis of the Obama administration’s performance on Freedom of Information Act (FOIA) implementation based on federal agency annual reports

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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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California appeals court rules against disclosure of UC venture returns

Reuters lost a round in a bid to force the University of California to release details of the investment performance of venture capital funds in its portfolio. The court rejected the argument the the details should be released under the California Public Records Act (CPRA), ruling that since the records were not “prepared, owned used, or retained by the regents, they was not required to furnish them to the press or public. (Reuters, December 19,

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German court rules against YouTube in copyright dispute over Brightman videos

A German court ruled Friday that Google Inc.’s subsidiary YouTube LLC must pay compensation after users uploaded several videos of performances by singer Sarah Brightman in violation of copyright laws. September 3, 2010 By The Associated Press (CP) BERLIN —The Hamburg state court said the standardized question to users about whether they have the necessary rights to publish material is not enough to relieve YouTube of the legal responsibility for the content, especially because the

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Court decision on anti-Islam video is potentially hazardous to investigative journalism

BY PETER SCHEER—Video journalists and documentary filmmakers can breathe easier because of the suspension of a recent appeals court decision that interpreted federal copyright law in a way that might have handed a censor’s power to the subjects of interviews. The case, Garcia v. Google,  concerns  “Innocence of Muslims,” a highly inflammatory film—actually, a 13-minute movie trailer—-that was posted to YouTube in 2012. Intended to shock and offend, the Islamophobic video depicts the prophet Muhammad

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Government officials should listen to voters instead of lawyers selling strategies for blocking access to information

Regardless of what they say to the contrary, government agencies are in the business of withholding information from the public (or, what amounts to the same thing, disclosing only that information that the agencies want the public to have). This tight-fistedness about information is written into government’s DNA. But some efforts to withhold information are more dangerous to democracy than others. The most dangerous are government lying (about the existence of documents, for example), particularly

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