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  • Latest News

    FAC News Press Release

    Wired.com Editor Hansen elected president of FAC board; media attorney Melamed is VP; Gingras, of Google, joins Board.

    The First Amendment Coalition is pleased to announce that Wired.com Editor in Chief Evan Hansen has been elected President of FAC's board of directors. He takes over from John Raess,  San Francisco Bureau Chief for the Associated Press, who had served as President of the Board since 2010. Carol Melamed, media attorney and former […]

    April 19, 2012

  • Asked and Answered

    Brown Act

    No vote on new superintendent, but of consensus reached in closed session

    […] Act contains a few narrow exceptions to its general requirement that meetings be open to the public.  One of these exceptions is found in Government Code § 54957(b), which authorizes public agencies to hold a meeting in closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee."  This […]

    August 26, 2016

  • Asked and Answered

    Brown Act CPRA

    Water agency contractors’ calculations “trade secret”?

    […] is that the public be given access to copies of any "agenda, background materials, and any other writings related to matters for public discussion." Gov’t Code § 54957.5. So, if the water agency circulated any type of written information at a meeting of the County Board of Supervisors, you are entitled to a copy […]

    January 16, 2012

  • Asked and Answered

    Brown Act

    Labor negotiations and the Brown Act

    […] for certain employee evaluations.  This "personnel exception" permits closed sessions to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee."  Government Code 54957(b)(1).   However, section 54957(b)(4) further provides: "Closed sessions . . . shall not include discussion or action on proposed compensation except for a reduction of compensation that […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed Session Performance Evaluations

    On the City Council agenda it states under closed session: Pursuant to Government Code Section 54957 and 54957.6, the City Council will meet with the City Administrator, to hold performance evaluations and consider the salaries for the Director of Parks and Trees, the Director of Community Development and Public Works... All department heads are […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Can ballot arguments be selected based on political content?

    […] this is an encroachment on free speech rights and an abuse of discretion. Additional facts:1) In a meeting yesterday, the elections official acknowledged that he and the elected Clerk Recorder discussed their political views regarding the ballot measure, during their selection deliberations;2) The county has a compelling interest in the success of the ballot […]

    November 10, 2016

  • Asked and Answered

    Bagley-Keene Act Brown Act

    What is the Brown Act statute of limitations?

    […] ago, but I am only now reading that the board violated the Brown Act by not disclosing that my position would be discussed in closed session --- 54957. (2) is the violation. I see from your A&A section that there is only only a 90-day window of opportunity to submit a Cure & Correct […]

    February 3, 2012

  • Asked and Answered

    Brown Act

    School Board Voted In Secret to Pick New Superintendent

    […] the Brown Act does permit for some discussions to be held behind closed doors, but these exceptions are to be construed narrowly. With respect to hiring decisions,Section 54957(b) permits a legislative body of a local agency to hold a closed sessions during a regular or special meeting "to consider the appointment, employment, evaluation of […]

    December 10, 2018

  • Asked and Answered

    CPRA Newsgathering

    Should complaints against belligerent councilman be public?

    […] called a special meeting and decided that they did not want to release it and cited what I wrote in my original inquiry. I’ve been told that I should be able to get this info because the councilman is an elected public official … but I’m not sure.  Is there any way to refute this?

    August 19, 2011