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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

Closed sessions under the Brown Act

[…] requests a public session, but note that the term "employee" does not include an elected official or a member of a legislative body. (Cal. Gov't Code § 54957(a)(2).) Please note, however, that the term "employee" does not include any elected official or member of the legislative body. (Cal. Gov't Code § 54957(a)(4).) —To discuss […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Elected Officials Right to Public Comment

Can an elected official (City Councilperson) speak under Oral Communications and claim to do so as a resident? May that official verbally insult residents who have spoken without some consequence to himself? Is there any violation of the Brown Act? How can we the residents protect ourselves and how can we convince the Mayor […]

June 14, 2009
Asked and Answered

Brown Act

Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

[…] being notified beforehand. Finally, at a regular board meeting there was a closed session agenda item that stated: Public employee performance evaluation, (pursuant to Government Code Section 54957). Then there was a special meeting called with the agenda posted about 26 hours prior to the meeting. The closed session item stated: Public Employee Performance […]

January 20, 2021
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
Latest News

Can local legislators speak freely to voters? The answer should be an emphatic “yes.” Too often the answer given is “maybe.”

[…] remote, hence least accountable; your local city council is the closest, therefore most attuned to your needs and interests. Except in California and several other states where elected, local officials can find themselves in trouble for doing exactly what elected local officials are supposed to do. Things like communicating regularly with citizens; staking out […]

December 16, 2014
Asked and Answered

Brown Act

Closed sessions to“items discussed not falling within their jurisdiction”

[…] requirement, the Brown Act requires the legislative body to orally announce the items to be discussed in closed session prior to any closed-session meeting. (Gov't Code § 54957.7(a).) This requirement may be satisfied by referring to the item by number as it appears on the agenda. In the closed session, the legislative body can […]

June 14, 2009
Asked and Answered

Brown Act

Getting information from closed sessions

[…] items you listed in your inquiry. With regard to the first item, public employee discipline/dismissal/release, the Brown Act provision authorizing a closed session is Government Code section 54957. This section also authorizes a closed session to discuss a public employee appointment, public employment, or a public employee performance evaluation. In each of these three […]

June 14, 2009
Asked and Answered

Brown Act CPRA School Records

Are School Board Committee Meetings Subject to the Brown Act?

[…] the board is organized, and whether it receives public funds. Typically, non-governmental entities are subject to the Brown Act and CPRA if they are "created by" an elected legislative body to perform governmental functions, or receive funds from a local agency and have a member appointed by the local agency. Under the Brown Act’s […]

February 6, 2018