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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

Brown Act requirement for private nonprofits?

[…] Act compliance for a private nonprofit. We are members of an electric cooperative. As members of the cooperative we are each eligible to be board members. The elected directors make determinations on how operating capital is expended and invested. There has recently been allegations of fraud and theft among leading employees and directors of […]

July 19, 2012
Asked and Answered

First Amendment

Does a Member of a Public Body Have a First Amendment Claim if He or She is Punished for Speaking Out?

It is not clear from your inquiry whether you as a Director are a public employee or an elected official. Nevertheless, we can provide you with some general information as to how the First Amendment may apply in your situation. Employers, with some exceptions, generally have the ability to limit what their employees can […]
- Public Meetings
September 22, 2021
Asked and Answered

Brown Act Newsgathering

Closed sessions, labor negotiations, and disclosure of outcome

[…] Act by meeting in a closed session to discuss replacing the police department with the county sheriff's department. Apparently the council did so under Govt. Code s. 54957.6, which governs closed sessions for labor negotiations. Based on the facts provided in your email, it is plausible that the council had to meet in a […]

June 14, 2009
Asked and Answered

CPRA

The CPRA and privately owned utilities companies

[…] (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other […]

August 7, 2011
Asked and Answered

Brown Act CPRA

Closed Sessions and Permissible Topics

[…] negotiations. With respect to the disclosures of closed session actions and written materials when the sessions were held pursuant to the pending litigation exception, Government Code § 54957.1 provides that "pproval given to the body's legal counsel of a settlement of pending litigation . . . shall be reported after the settlement is final...." […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Does short notice of public hearing invalidate contract?

[…] posted at least 72 hours before each regular meeting, and must be orally disclosed in an open session held before the closed session.Gov't Code §§ 54954.2(a), 54956, 54957.7. The Act also provides that "ny person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, […]

June 23, 2010
Asked and Answered

Brown Act

Closed Session Voting

[…] employee, or to hear complaints or charges brought against the employee by another person or employee, unless the employee requests a public session." Cal Gov't Code § 54957(b)(1). With regard to the confidentiality of closed sessions, the Brown Act provides that "a person may not disclose confidential information that has been acquired by being […]

June 14, 2009
Latest News

Blog

Secrecy surrounding public employees’ pay & benefits makes mockery of democracy

[…] in an open and public way, on the biggest, most costly and consequential issues that come before them---issues that dwarf all others by orders of magnitude---those same elected officials revert to total secrecy. I am referring to decisions on compensation and benefits for public employees--which, for most cities and counties in California, consume north […]
- Government Transparency and Accountability
June 24, 2015
Asked and Answered

Bagley-Keene Act Brown Act

Closed Session on Employee Performance

[…] Act. This the language as it appears in the agenda • Public Employee, to consider appointment, employment, performance evaluation, or dismissal of employee pursuant to GC § 54957, as cited in the Brown Act (2 cases). I understand from talking with two members of the Board of Education that this item refers to a […]

June 14, 2009