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  • Asked and Answered

    Brown Act

    Can employment negotiations be held in closed session?

    […] not address whether such meeting and conferring may be conducted in a closed session, but the Brown Act does provide some relevant direction. Specifically, Gov't Code § 54957.6 (which is part of the Brown Act) provides that "a legislative body of a local agency may hold closed sessions with the local agency's designated representatives […]

    August 1, 2011

  • 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

    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

    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

  • Asked and Answered

    Bagley-Keene Act Brown Act

    Closed meeting and the Brown Act

    […] of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation."  Cal Gov. Code Section 54957.6 (see entire text of this section below).  (Note that "employee" does not include "elected official", so if the Superintendent is elected, this provision may not apply.)  […]

    June 14, 2009

  • 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

  • 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

    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