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Brown Act

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

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 […]

August 20, 2012
Asked and Answered

Brown Act

Grounds for Cease & Desist under the Brown Act

Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as "Pending Litigation." Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order?

March 31, 2016
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

The provision of the Brown Act that authorizes closed sessions for discussion of pending litigation is set forth in its entirety below. The bottom line, though, is that by its terms, it seems to authorize only a closed session "to confer with, or receive advice from, its legal counsel regarding pending litigation" and would […]

November 29, 2011
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

[…] pursuant to the attorney-client privilege. the Brown Act permits a closed session for the receipt of advice from an agency attorney, only "regarding pending anticipated or pending litigation" and then only when "discussion in open session concerning those matters would prejudice the position of the local agency in the litigation." Govt. Code section 54956.9. […]

March 25, 2013
Asked and Answered

Brown Act

Closed sessions to hire and decide pay for outside counsel

[…] 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 regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation." It is conceivable that a city council […]

June 14, 2009
Asked and Answered

Brown Act

Co-op non-profits

I live in a shareholder owned, non profit, stock cooperative. When the board of directors chose to meet in executive session to consider litigation against a shareholder and did NOT vote in front of the membership to pursue it, is there any case or lawsuit you can refer me to where a decision by […]

June 14, 2009
Asked and Answered

Brown Act

Closed sessions…

The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency. The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet […]

June 14, 2009
Asked and Answered

Brown Act

Did City Violate Brown Act With This Switch of issue Decided During Closed Session?

[…] the city attorney says is not allowed under the city's charter. The mayor has said he is considering going to court to establish that he does have that right, and so the closed session was aggendized as "anticipated litigation." But is deciding on a public statement regarding related questions within the realm of permissible discussions?

November 29, 2018