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  • Asked and Answered

    Brown Act

    Co-op non-profits

    […] either condition applies, the board of even a private entity must follow all of the provisions of the Brown Act, including the requirements of Government Code section 54957.1.  That section provides as follows: 54957.1.  (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Minutes and closed sessions

    Government Code § 54957.2, which provides for discretionary keeping of a minute book for closed sessions, does not appear to require that the minutes reflect whether someone in attendance appeared via teleconference.  That section does not seem to require more than that the minutes reflect the topics discussed and decisions taken: "a legislative body […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed college governing body meeting to endorse trustees candidate

    […] meeting. Although the Brown Act permits closed meetings "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee," Cal. Govt. Code Section 54957, this personnel exemption does not seem applicable to the situation you have described, where the governing body in question is simply considering the endorsement of an […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Minutes of City Council meetings don’t tell whole story

    […] materials are distributed to the members of a legislative body, they must "be made available upon request without delay" to members of the public.  Gov't Code § 54957.5(a). There does not appear to be any requirement in this section that such materials be distributed to the legislative body (and thus made available to members […]

    March 7, 2014

  • Asked and Answered

    Brown Act

    Board of Directors Closed Session

    […] of performance, or dismissal of a public employee" (the "personnel" exemption) actually excludes members of the legislative body from the definition of "employees."  See Gov't Code § 54957.  However, again, because the Davis-Stilring Common Development Open Meeting Act does not contain similar provisions, it is unclear whether amending the by-laws to reduce the number […]

    June 14, 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

    Is a contracted City Attorney a city employee?

    […] hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session."  Gov't Code § 54757(b)(1). Government Code section 54957(b)(4) provides, in part, as follows:  "For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who functions as an […]

    June 14, 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