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Showing 21 - 29 of 29 results

Asked and Answered

Brown Act

Convening in closed sessions

[…] respect to whether the board can hold a closed session to discuss the supervisor search and appointment, the answer to that question is yes. Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints […]

June 14, 2009
Asked and Answered

Brown Act

Closed Session Voting

[…] employee, or to hear complaints or charges brought against the employee by another person or employee, unless the employee requests a public session." Cal Gov't Code § 54957(b)(1). With regard to the confidentiality of closed sessions, the Brown Act provides that "a person may not disclose confidential information that has been acquired by being […]

June 14, 2009
Asked and Answered

Brown Act

Circumstances for closed meetings

[…] posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities" (Gov't Code § 54957) —To consider the appointment, employment, evaluation or performance, discipline, or dismissal of a public employee, or to hear complaints or charges brought against the employee by […]

June 14, 2009
Asked and Answered

Brown Act

School Board Closed Sessions with Administrators

[…] employee requests a public session, but note that the term "employee" does not include an elected official or a member of a legislative body (Gov't Code § 54957) -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 […]

June 14, 2009
Asked and Answered

Brown Act

Who is allowed to sit in on closed sessions regarding hiring?

[…] subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Cal Gov Code § 54957(b). Although the Brown Act does not specifically address who -- other than the body's members -- may attend a closed session, Attorney General opinions have emphasized […]

December 31, 2010
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

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
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