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  • Asked and Answered

    CPRA

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

    […] its requirement that all legislative deliberations occur in open session, one of which is "to consider the…performance, discipline, or dismissal of a public employee."  Gov’t Code § 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 […]

    September 1, 2016

  • Asked and Answered

    Brown Act

    Closed Sessions under the Brown Act

    […] about the general nature of the closed session discussion in advance.  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 […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed meeting votes and the Brown Act

    […] closed session at the public meeting during which the closed session was held, and must report the vote or abstention of every member present.  Gov. Code § 54957.1. Assuming the closed session was in violation violated of the Brown Act, a member of the public may seek to void the action taken.  You must […]

    June 14, 2009

  • Latest News

    Blog Cases

    Texas open meeting law supported by FAC amicus stands

    […] of speech pursuant to their official duties. That panel decision was vacated when the entire court agreed to review the case. "Dennis wrote that the full court's dismissal of the case as moot is "incorrect, injudicious and result oriented." He said that although Rangra was no longer on city council, he "continues to live […]

    September 11, 2009

  • Latest News

    Blog

    NSA surveillance case reflects a growing distrust in the federal judiciary

    […] rendition" program. The state secrets privilege is the mother of all government privileges because it typically requires, not merely the exclusion of certain evidence, but the outright dismissal of the lawsuit—even if the plaintiff's claims have merit. It's as though the government is saying, in response to the plaintiff's legal complaint: Yes, you're charges […]

    June 2, 2009

  • Asked and Answered

    Brown Act CPRA First Amendment

    Unposted Supporting Documents and Public Comment on those Documents

    […] the body, are disclosable public records under the California Public Records Act . . ., and shall be made available upon request without delay."  Govt. Code Section 54957.5.  The language of Section 54957.5 would strongly suggest that you should have been entitled to the findings as soon as they became available, and certainly by […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    School Board Agenda Packets Availability

    […] the body, are disclosable public records under the California Public Records Act . . ., and shall be made available upon request without delay."  Govt. Code Section 54957.5.  The language of Section 54957.5 would strongly suggest that you should be entitled to the agenda packet as soon as it becomes available, and certainly by […]

    June 14, 2009