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Search Results for: 54957 performance

A&A: Incomplete labor exemption codes within School District closed session agenda

FAC March 24, 2016

Q:I have continually requested the agenda labor exemption code be corrected for a closed session in our School District. The full exemption code is 54957.6(a), however they continue to list only 54957, leaving out the .6(a) portion. I believe accuracy would be better for transparency, and I want it to be legal as well. How can I ensure the school district employs the complete exemption code? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#0e1685″ color=”#ffffff” size=”5″ wide=”yes” center=”yes” radius=”0″

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A&A: Does the Brown Act allow closed sessions to appoint legal firm?

FAC January 31, 2012

Q: Our local water district board is appointing new general counsel. They have agendized this in a special meeting, allowing each prospect to give a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), ”Public Employee Appointment: General Counsel.” I have never seen this done before. Can a legislative body refer to General Counsel as a ”Public Employee” and use this GC as safe

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63 Ops. Cal. Atty. Gen. 153 Discussing Employee Workload and Establishing New Positions in Closed Session(1980)

firstamendment June 13, 2009

Office of the Attorney General State of California 63 Ops. Cal. Atty. Gen. 153 Opinion No. 79-1207 February 26, 1980 THE HONORABLE DAVID G. KELLEY THE HONORABLE DAVID G. KELLEY, Assemblyman, Seventy-Fifth District, has requested an opinion on the following question: Under the provisions of The Ralph M. Brown Act, are the following subjects legitimate subjects for executive sessions by the governing body of a local agency: (a) establishment of new administrative positions; (b) the

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A&A: District Hospitals and Closed Sessions

firstamendment June 13, 2009

District Hospitals and Closed Sessions Q: The CEO and the COO for a District Hospital are provided to the Hospital by the management company that contracted with the district. The CEO and COO are being paid by the management company not by the Hospital or District. The CEO and COO are also the president and vice president of the management company. The District is about to have a closed session to evaluate the CEO and

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A&A: Dealing with a cure and correct notice in a closed session

firstamendment June 13, 2009

Dealing with a cure and correct notice in a closed session Q: The school board I am a member received a cure and correct challenge regarding an action taken in closed session to dismiss an employee.  The cure and correct involves whether proper notice was given for the meeting.  The president and superintendent have placed the response to the cure and correct claim on next week’s agenda.  They are saying it is a closed session

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80 Ops. Cal. Atty. Gen. 308 School Superintendent Hiring Committee Not Subject to Open Meeting Law (1997)

firstamendment June 13, 2009

Office of the Attorney General State of California 80 Ops. Cal. Atty. Gen. 308 Opinion No. 97-414 November 10, 1997 THE HONORABLE MIKE THOMPSON MEMBER OF THE CALIFORNIA STATE SENATE THE HONORABLE MIKE THOMPSON, MEMBER OF THE CALIFORNIA STATE SENATE, has requested an opinion on the following question: Where the board of trustees of a school district has formed a committee, known as the district liaison council, consisting of eight representatives from the community, seven

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AG Opinion #97-414 Closed Session for Advisory Committee on Personnel (1997)

firstamendment June 13, 2009

AG Opinion No. 97-414 Brown Act: Closed Session for Advisory Committee on Personnel OPINION of DANIEL E. LUNGREN, Attorney General; ANTHONY DaVIGO, Deputy Attorney General In the Office of the Attorney General of the State of California filed November 10, 1997, the Honorable Mike Thompson, member of the California State Senate, has requested an opinion on the following question: Where the board of trustees of a school district has formed a committee, known as the

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A&A: Does A Closed Session Employment Termination Decision Violate the Brown Act?

FAC November 12, 2018

Q: After four years of service as the Library Director of the City’s Public Library, I found out yesterday that I am to be terminated from this position. The decision took place during a special meeting of the Library Board. I was at the meeting, but not invited to attend the closed session. The meeting was agendized as “Public Employee Evaluation—Library Director “ and made no mention of possible disciplinary action. I received no noice

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Closed Session Performance Evaluations

firstamendment June 13, 2009

Closed Session Performance Evaluations Q: 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 up for evaluation and they are wanting salary increases. All department heads are also contract

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A&A: Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

FAC January 19, 2021

Q: At a special meeting of a California legislative body, an employee was suddenly put on paid administrative leave. The closed session agenda item was added to a special meeting just over 24 hours before that meeting and stated: Public Employee Performance Evaluation/Discipline/dismissal/release (Government code section 54954.5 and 54947(b)) title: [employee title]. The employee was told verbally the day before that the item was added but he did not get written notice and was not

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A&A: What is the Brown Act statute of limitations?

FAC February 2, 2012

Q:  I was fired a year 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 letter, but I do not see that spelled out in the Brown Act itself. Where

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A&A: Denied right to have job termination discussed in open meeting

FAC August 2, 2011

Q: I was accused of conflict of interest and fired from my job at the Community College District. I requested an open session for the appeal to the Board for my termination and was denied. I made three requests in writing, all of which were denied by the District. I believe it is my right to an open session according to the Brown Act. A: There are situations where legislative bodies may hold meetings that

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A&A: Circumstances for closed meetings

FAC June 13, 2009

Circumstances for closed meetings Q: For what reasons can a legislative body have a closed meeting? A: Meetings of any “legislative body” of a “local agency” as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain the license (Gov’t Code

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A&A: Closed sessions under the Brown Act

firstamendment June 13, 2009

Closed sessions under the Brown Act Q: Members of my school board choose new members as they leave the board. Can this School Board have closed sessions to discuss and decide which new Board member to elect to the Board or do these have to be public discussions? A: If the board of the public charter school is a “legislative body” under the Brown Act, it is subject to the Brown Act and can discuss

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A&A: Closed Session Voting

firstamendment June 13, 2009

Closed Session Voting Q: In a closed session discussion, a vote was taken regarding the non-reelect of employees.  After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote).  Is the reason they gave for the way they voted confidential information? A: As you may know, the Brown Act provides that a legislative body may hold a closed session

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A&A: Can Employment Records & Dismissal Be Presented in City Council Open Session?

FAC November 16, 2018

Q: Recently a local City Counsel meeting was to be held as an open session to hear non-adopt arguments with regard to a proposed Administrative Law Judge’s (ALJ) decision to fully reinstate employment of a firefighter. My husband never received notice of the open session (hearing). Also, on the agenda it listed his full name and that at this open session there would not be any public comment allowed regarding what was being heard. Is this

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A&A: Closed college governing body meeting to endorse trustees candidate

firstamendment June 13, 2009

Meeting in closed session to select a candidate Q: I have what is probable a simple question for you. I am wondering if a student governing body at a college can meet in close session to discuss possibly endorsing a candidate for the board of trustees in an upcoming election? Would this violate the Brown Act? A: Assuming that the student governing body of the college to which you are referring is subject to the

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A&A: Closed Sessions of City Council Meetings

firstamendment June 13, 2009

Closed Sessions of City Council Meetings Q: Where I live, the city council has the closed session portion of the meeting first.  This leads the public to believe things on the agenda are being voted on and the decision is made on the item, before the public has the opportunity to comment on the item. Is this legal i.e. holding closed session first?  If this is not legal, what California laws were violated? A: The Brown

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A&A: Legal Action Against a Board Member in Closed Session

firstamendment June 13, 2009

Legal Action Against a Board Member in Closed Session Q: Is it legal for the superintendent and board president to put under closed session anticipating legal action regarding a board member without notifying that board member of the reasons, etc.? A: Your inquiry raises two issues under the California Brown Act: (1) whether a closed session may properly be held under the Brown Act regarding anticipated “legal action” regarding a board member, and (2) whether

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