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Handbooks

California Brown Act Primer

[…] 54956.5. Gov. Code § 54954.2(a). The Brown Act, Open Meetings For Local Legislative Bodies, Office of the Attorney General, 2003, at pp. 16-17. Gov. Code §§ 54954.2(a), 54957.7(a). Gov. Code § 54954.2(a)(3). "Action taken" means "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise […]
- Government Transparency and Accountability
September 8, 2024
Asked and Answered

Brown Act

Incomplete labor exemption codes within School District closed session agenda

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. […]

March 24, 2016
Asked and Answered

Brown Act

Teacher terminated after closed session

[…] generally need not exceed 20 words." Govt. Code Section 54954.2(a). However, with respect to "every item of business to be discussed in closed session pursuant to Section 54957" (i.e., appointment or employment of a public employee, discussed below), the Brown Act specifies that, at least in connection with the appointment of a public employee […]

October 20, 2011
Asked and Answered

Brown Act CPRA

The mayor refused to let me make a public comment without identifying myself

[…] 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) (emphasis added). The Brown Act requires bodies to "publicly report any action taken in closed session and the vote or abstention on that action of every […]

August 26, 2010
Asked and Answered

Brown Act

District Hospitals and Closed Sessions

You appear to already be aware that Cal. Gov. Code Sec. 54957 contains a "personnel exemption" which allows the District to hold closed sessions for a variety of reasons, including "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee..." Sec. 54957(b)(1). The purpose of this exemption has been […]

June 14, 2009
Pages

Explainers

[…] position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting," in addition to other requirements. Govt. Code § 54957.5(b)(2)(B)(ii). As a practical matter, many agencies may post all current & past agendas & supporting documents online in the interest of simplicity & transparency, but it’s […]

July 3, 2024
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

Charter board meetings flout Brown Act rules

[…] matters posing a threat to the security of public buildings, essential public services, or that threaten the public's right of access to such buildings/services (Gov. Code § 54957(a)); or to consider the appointment, employment, evaluation of performance, discipline, etc. of a public employee or to hear complaints or charges brought against the employee by […]

June 8, 2011
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

Denied right to have job termination discussed in open meeting

[…] bodies may hold meetings that are closed to the public, including meetings to consider the appointment or employment of a public employee. See Cal. Gov. Code § 54957(b)(1). Specifically, an agency may hold a closed session to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear […]

August 2, 2011