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  • 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

  • Posts

    First Amendment

    FAC Urges Immediate Dismissal of Charges Against Victorville City Council Member Arrested During Meeting

    Contact: fac@firstamendmentcoalition.org The First Amendment Coalition is calling for immediate dismissal of charges against Victorville City Council Member Blanca Gomez, who was removed from the council's meeting on February 21, 2023, arrested, and booked into jail. FAC Legal Director David Loy sent a letter to the city council, copied to the San Bernardino County […]

    February 24, 2023

  • Asked and Answered

    CPRA

    Can I use information revealed in closed session, or is it privileged?

    […] its requirement that all legislative deliberations occur in open session, one of which is "to consider the…performance, discipline, or dismissal of a public employee."  Gov’t Code § 54957(b). If the meeting in question was to discuss disciplinary action, the Board may have properly met in closed session, but was required to post an agenda […]

    September 1, 2016

  • Asked and Answered

    Brown Act

    City Council Action in Secret

    […] be discussed in closed session, and even then the council is required to disclose any action taken in closed session.  See generally Gov't Code section 54953(c) and 54957.1. Consequently, if a vote of the council was required to approve the search for the interim chief, that should have been publicly disclosed. It doesn't necessarily have […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Are Power Point Presentations to Board of Healthcare District Public Records?

    […] meeting of the body, are disclosable public records under the California Public Records Act …, and shall be made available upon request without delay."  Cal. Gov’t § 54957.5 (reproduced in its entirety below). It is not entirely clear whether a PowerPoint presentation that is displayed at a meeting has been "distributed" to the members […]

    February 22, 2018

  • 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

  • Latest News

    Blog

    NSA surveillance case reflects a growing distrust in the federal judiciary

    […] rendition" program. The state secrets privilege is the mother of all government privileges because it typically requires, not merely the exclusion of certain evidence, but the outright dismissal of the lawsuit—even if the plaintiff's claims have merit. It's as though the government is saying, in response to the plaintiff's legal complaint: Yes, you're charges […]

    June 2, 2009

  • Asked and Answered

    Brown Act CPRA First Amendment

    Unposted Supporting Documents and Public Comment on those Documents

    […] the body, are disclosable public records under the California Public Records Act . . ., and shall be made available upon request without delay."  Govt. Code Section 54957.5.  The language of Section 54957.5 would strongly suggest that you should have been entitled to the findings as soon as they became available, and certainly by […]

    June 14, 2009