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Brown Act

Closed Sessions under the Brown Act

[…] The Brown Act authorizes a closed session to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee. In each of these cases, the agenda must specify the type of business to be discussed (i.e., appointment, employment, performance evaluation, or discipline/dismissal/release), and, for the first three, the agenda must specify the […]

June 14, 2009
Asked and Answered

Brown Act

Changing Regular Meetings to Special Meetings

[…] advance notice required for regular meetings -- except maybe to preclude the public from addressing the governing body on issues other than what will be on the agenda for the special meetings. As you seem to know, during the public comment period of regular meetings, the public can address the body on any matter […]

June 14, 2009
Asked and Answered

Brown Act

Agendas and sufficiency of “brief general descriptions”

Government Code section 54954.2(a) of the Brown Act provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A "brief general description," as […]

June 14, 2009
Asked and Answered

Brown Act

Can a school board restrict critical speech about district employees?

[…] 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 agenda and I'm wondering if it violates a citizen’s First Amendment rights for the same reasons outlined in Baca. The language is as follows: "The board respects the […]

June 14, 2009
Asked and Answered

Brown Act

Can the City Council ban non-disruptive clapping by audience members?

[…] Council meetings. Your inquiry raises some interesting issues. As you likely know, California's open meeting law, known as the Brown Act applies to legislative bodies, requires that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, […]

April 14, 2015
Asked and Answered

Brown Act

Posting agendas and notification of action in special/closed sessions

[…] § 54954.2(a). The same is true with respect to special meetings. Cal. Gov't Code § 54956. The Brown Act does not require the school board to (1) post the agenda specifically at the site where meetings are held, or (2) personally notify people who are the topic of agenda items. The Brown Act requires the school […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Developments on Public Lands

[…] to your situation and some legal steps you can take if the city is acting improperly. As you seem to know, the Brown Act provides that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Stripped of First Amendment Rights By City Council

[…] the First Amendment operate in connection with the public’s right to speak at such meetings. California's open meeting law, known as the Brown Act, requires that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, […]

December 4, 2018
Asked and Answered

Brown Act

How Do I Address Agency’s Failure to Honor Brown Act Meeting Notification Deadlines?

[…] commission in our municipality has only given 25 hours notice of the time and location change for their next meeting. This commission is notorious for posting meeting agendas at the last minute and scheduling meetings that are not convenient for residents to attend. Is the airport commission in violation of the Brown Act since […]

September 26, 2021
Asked and Answered

Brown Act

Did the Board chair violate the Brown Act by refusing public comment, holding a closed session?

[…] they provide any guidance. However, the Brown Act provides members of the public the affirmative right to address the legislative body on any topic listed on the agenda for the meeting, before or during the body’s consideration of that item. Cal. Gov. Code § 54954.3(a). Therefore, a refusal to permit the public to address […]

August 4, 2020