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Handbooks

California Brown Act Primer

[…] 54956.5. Gov. Code § 54954.2(a). The Brown Act, Open Meetings For Local Legislative Bodies, Office of the Attorney General, 2003, at pp. 16-17. Gov. Code §§ 54954.2(a), 54957.7(a). Gov. Code § 54954.2(a)(3). "Action taken" means "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise […]
- Government Transparency and Accountability
- Public Meetings
September 8, 2024
Asked and Answered

Brown Act

Teacher terminated after closed session

[…] generally need not exceed 20 words." Govt. Code Section 54954.2(a). However, with respect to "every item of business to be discussed in closed session pursuant to Section 54957" (i.e., appointment or employment of a public employee, discussed below), the Brown Act specifies that, at least in connection with the appointment of a public employee […]

October 20, 2011
Asked and Answered

Brown Act

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

Where issues of employment are involved, legislative bodies often opt to deliberate in closed session as allowed under Government Code § 54957(b). Per that statute, the legislative body may hold a closed session during a regular or special meeting "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee." […]

November 12, 2018
Asked and Answered

Brown Act

Incomplete labor exemption codes within School District closed session agenda

I have continually requested the agenda labor exemption code be corrected for a closed session in our School District. The full exemption code is 54957.6(a), however they continue to list only 54957, leaving out the .6(a) portion. I believe accuracy would be better for transparency, and I want it to be legal as well. […]

March 24, 2016
Asked and Answered

Brown Act

Does the Brown Act allow closed sessions to appoint legal firm?

[…] special meeting, allowing each prospect to give a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), "Public Employee Appointment: General Counsel." I have never seen this done before. Can a legislative body refer to General Counsel as a "Public Employee" and use […]

January 31, 2012
Asked and Answered

Brown Act

Denied right to have job termination discussed in open meeting

[…] bodies may hold meetings that are closed to the public, including meetings to consider the appointment or employment of a public employee. See Cal. Gov. Code § 54957(b)(1). Specifically, an agency may hold a closed session to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear […]

August 2, 2011
Asked and Answered

Brown Act

Discussion of Employee Termination in Closed Session

[…] properly noticed open or closed session (though not necessarily at the open or closed session immediately prior to your termination). As you seem to know, under section 54957 of the Brown Act, the legislative body of a local agency may hold a closed session "to consider the appointment, employment, evaluation of performance, discipline, or […]

June 14, 2009
Asked and Answered

Brown Act

Should school superintendent’s goals be made in closed session?

[…] this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Gov't Code § 54957(b) "Evaluation of performance" is not restricted to formal, periodic review of the employee's job performance, but may also include consideration of the criteria for such evaluation, […]

April 13, 2012
Asked and Answered

Brown Act

Does the Brown Act allow closed session negotiations for all public school contracts?

Does the Brown Act allow a publicly elected school board to hold closed session discussion under Government Code 54957 (Public Employee Appointment/Employment) and 54957.6 (Labor Negotiations) regarding the appointment and pay structure of a Director of Curriculum to the position of Assistant Superintendent of Educational Services. Both positions are administrative positions that report directly to […]

July 19, 2016
Asked and Answered

Brown Act CPRA

The mayor refused to let me make a public comment without identifying myself

[…] this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Gov't Code § 54957(b) (emphasis added). The Brown Act requires bodies to "publicly report any action taken in closed session and the vote or abstention on that action of every […]

August 26, 2010