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Asked and Answered

Brown Act CPRA

Closed Sessions and Permissible Topics

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 […]

June 14, 2009
Asked and Answered

Brown Act

Obligation to post minutes if no action is taken

[…] if no vote was taken? The superintendent has told me no minutes need to be taken unless action or a vote was taken?This "Special Meeting" had one agenda Item listed and that was "Strategic Planning Session." Public comment was allowed only at the beginning of the two day meeting (Board members and select public […]

June 14, 2009
Asked and Answered

Brown Act

School Board Voted In Secret to Pick New Superintendent

[…] public employee." Gov’t Code § 54957(b). If the subject matter does fall into one of the categories above, the public must still be given notice on the agenda.Under the safe harbor descriptions provided for in Government Code § 54954.5, if the matter relates to a specific public employee, i.e., a current employee who is […]

December 10, 2018
Asked and Answered

Brown Act

Secret Ballots

[…] made within 90 days from the date the action is taken (but the demand must be made within 30 days if there is a violation of the agenda requirements set forth in Section 54954.2). If the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within […]

June 14, 2009
Asked and Answered

Brown Act School Records

Right to Videotape School Board Meetings

[…] writing, within 90 days from the date the action was taken. (30 days if the basis for the notice is that the action was not on an agenda or not adequately described). (b) The local agency has 30 days to take action. (c) If the local agency responds and refuses to correct the problem […]

June 14, 2009
Asked and Answered

Brown Act

Regularly Scheduled Special Meetings

[…] 24 hours notice of a closed session that is being held right before the open regular session. This is consistent with the requirement in section 54954.2 that agendas for regular sessions posted 72 hours in advance must contain a brief general description not only of items to be discussed in open session, but also […]

June 14, 2009
Asked and Answered

Brown Act

City Planning Commission failure to address public comment

[…] with the established procedure, I submitted 3 pages of comments before the onset of the meeting. During the meeting my comments were overlooked - the Planning Director claimed they lacked relevance to the agenda item, even though they were directly pertinent to the discussion. Does this incident qualify as a violation of the Brown Act?

April 11, 2016
Asked and Answered

Brown Act

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

[…] If there is a violation by the city related to this action, it would seem to be with respect to not properly placing the item on the agenda. As for whether the city council can even discuss the topic of coverage of litigation costs in closed session, there is nothing in the Brown Act […]

August 20, 2012
Asked and Answered

Brown Act First Amendment

Written public comment not read as promised before City Council vote taken

I submitted a written public comments to an agenda item because I could not attend a Special Meeting of the City Council. The City Clerk acknowledged that they had been received and would be read into the record during public comment time period for the specific item. This did not happen and the vote was […]

June 14, 2016
Asked and Answered

CPRA

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

[…] § 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 containing a brief general description of the items to be discussed at the meeting. Gov't Code § 54954.2(a)(1). Where the closed session is being held to […]

September 1, 2016