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Showing 81 - 90 of 322 results

  • Asked and Answered

    Brown Act

    Minutes and closed sessions

    Government Code § 54957.2, which provides for discretionary keeping of a minute book for closed sessions, does not appear to require that the minutes reflect whether someone in attendance appeared via teleconference.  That section does not seem to require more than that the minutes reflect the topics discussed and decisions taken: "a legislative body […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed college governing body meeting to endorse trustees candidate

    […] meeting. Although the Brown Act permits closed meetings "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee," Cal. Govt. Code Section 54957, this personnel exemption does not seem applicable to the situation you have described, where the governing body in question is simply considering the endorsement of an […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Is a contracted City Attorney a city employee?

    […] hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session."  Gov't Code § 54757(b)(1). Government Code section 54957(b)(4) provides, in part, as follows:  "For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who functions as an […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Emergency agenda items and proper notice requirements

    […] Act requires a representative of the legislative body to orally announce the items to be discussed in closed session prior to any closed-session meeting.  (Gov't Code § 54957.7(a)).  This requirement may be satisfied by referring to the item by number as it appears on the agenda.  Once a closed session has been completed, the […]

    June 14, 2009

  • 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

    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 "[a]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

    Board of Directors Closed Session

    […] of performance, or dismissal of a public employee" (the "personnel" exemption) actually excludes members of the legislative body from the definition of "employees."  See Gov't Code § 54957.  However, again, because the Davis-Stilring Common Development Open Meeting Act does not contain similar provisions, it is unclear whether amending the by-laws to reduce the number […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Access to agenda attachments

    […] was not received.With respect to records distributed at a public meeting, they are public records unless otherwise exempted under the Public Records Act. Cal. Gov't Code § 54957.5.  The public is entitled to obtain them at the meeting if they were prepared by the public agency, or after the meeting if prepared by someone […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Can a school board restrict critical speech about district employees?

    […] stating that "comments regarding an individual will not be allowed in an open meeting" simply does not pass constitutional muster. The agenda language also refers to section 54957 of the Brown Act, which allows for a closed session to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, or […]

    June 14, 2009