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Asked and Answered

Brown Act

Getting information from closed sessions

Our board has agendized for the upcoming meeting the following under closed session using 54956.9 for the below items. a. Public Employee Discipline/ Dismissal/Release b. Conference with Labor Negotiator Does this mean that during open session they need not disclose the position of the employee that was being disciplined and dismissed or what the […]

June 14, 2009
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
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

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

Board member shared confidential information after closed session

[…] permits an agency to meet in a closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee." Gov’t Code § 54957(b). The Brown Act prohibits disclosure of "confidential information" obtained at a closed session held pursuant to the Brown Act to "a person not entitled to receive […]

September 9, 2016
Asked and Answered

Brown Act

Dealing with a cure and correct notice in a closed session

[…] have placed the response to the cure and correct claim on next week's agenda.They are saying it is a closed session item as it involves an employee dismissal and potential legal action. I am thinking our discussion of the cure and correct should be in open session as we need to discuss whether we […]

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

School Board Voted In Secret to Pick New Superintendent

[…] the Brown Act does permit for some discussions to be held behind closed doors, but these exceptions are to be construed narrowly. With respect to hiring decisions,Section 54957(b) permits a legislative body of a local agency to hold a closed sessions during a regular or special meeting "to consider the appointment, employment, evaluation of […]

December 10, 2018
Asked and Answered

Brown Act

No vote on new superintendent, but of consensus reached in closed session

[…] Act contains a few narrow exceptions to its general requirement that meetings be open to the public. One of these exceptions is found in Government Code § 54957(b), which authorizes public agencies to hold a meeting in closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee." This […]

August 26, 2016
Asked and Answered

Brown Act

Closed sessions under the Brown Act

[…] requests a public session, but note that the term "employee" does not include an elected official or a member of a legislative body. (Cal. Gov't Code § 54957(a)(2).) Please note, however, that the term "employee" does not include any elected official or member of the legislative body. (Cal. Gov't Code § 54957(a)(4).) —To discuss […]

June 14, 2009