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Brown Act

Does A Closed Session Employment Termination Decision Violate the Brown Act?

[…] Cal. App. 3d 831, 846 (1981). 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 – in your case, a current […]

November 12, 2018
Asked and Answered

Brown Act

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

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 […]

May 19, 2020
Asked and Answered

Brown Act

Special meeting and the Brown Act

[…] notice, it means that the notice of a school board meeting must include a statement notifying the public they will have the opportunity to speak on the agenda items for a special meeting. However, the Board Secretary feels that providing the opportunity at meetings is sufficient and that such an opportunity does not need […]

June 14, 2009
Asked and Answered

Brown Act

Public comment vs. speaking on agenda item

[…] Reports" so that council members who sit on these committees or work groups can report out. There are four such reports listed at the end of our agenda. At the beginning of the meeting under Public Comment, I (as the chair) had a speaker card which listed the Item and the subject of the […]

September 27, 2011
Asked and Answered

Brown Act CPRA First Amendment

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

[…] a different provision of the Brown Act that requires each and every item considered or discussed by the legislative body to be included in the meeting’s published agenda. The Brown Act requires legislative bodies to post an agenda for all meetings: "At least 72 hours before a regular meeting, the legislative body of the local […]

May 3, 2016
Asked and Answered

Brown Act

Council took action on a for-discussion-only agenda item

A recent city council meeting agenda discussion item stated that "No action was called for." The "summary recommendation" was that the city council "receive and file this report. " However, without any public notice, the City Council took action. I know the Brown Act requires items on which Council acts to be on the […]

December 6, 2010
Asked and Answered

Brown Act

Minutes of City Council meetings don’t tell whole story

A group of citizens allege the city is wrongly leaving out copies of correspondence the city received related to items on its agenda and powerpoint presentations related to agenda items. The council offers a limited number of copies of this information at the city clerk’s desk on the night of the meeting but it […]

March 7, 2014
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

Our municipal board, of which I am a member, recently convened a closed session meeting that was not listed as an item on the published agenda. The purpose of the meeting, which included a city attorney, was for several board members wanted to present their case against me as a Brown Act violator. I […]

March 25, 2013
Asked and Answered

Brown Act First Amendment

Public Comment at meetings, Campaigning, and Freedom of Speech

May a legislative body prevent members of the public speaking during the public comments agenda item from blatantly campaigning for or against a candidate for that body? I believe that that type of discussion is "not a matter subject to the body's jurisdiction." I also believe that such comments at such a meeting are […]

June 14, 2009
Asked and Answered

Brown Act

Placing items on Agenda and Mayoral Refusal

A Councilperson wants to put an item on the agenda that relates to a contentious issue. The mayor refuses to do it. Is this legal?

June 14, 2009