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Showing 61 - 70 of 278 results

  • Asked and Answered

    Brown Act CPRA

    Does short notice of public hearing invalidate contract?

    […] posted at least 72 hours before each regular meeting, and must be orally disclosed in an open session held before the closed session.Gov't Code §§ 54954.2(a), 54956, 54957.7. The Act also provides that "ny person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, […]

    June 23, 2010

  • Asked and Answered

    Brown Act

    When should “anticipated litigation” be agendized?

    […] Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. […]

    February 3, 2014

  • Asked and Answered

    Brown Act

    Planning a Closed Session to Allow Confidential Documents

    […] meeting of the body, are disclosable public records under the California Public Records Act," ("PRA"), unless one of the PRA’s exemptions from disclosure applies. Cal Gov’t Code 54957.5. Essentially, this provision serves as an overlay to the Public Records Act, by removing an agency’s ability to rely on the PRA’s catch-all exception in those […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    School board keeping exorbitant attorney fees in closed session

    […] Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. […]

    November 29, 2011

  • Asked and Answered

    Brown Act

    Co-op non-profits

    […] either condition applies, the board of even a private entity must follow all of the provisions of the Brown Act, including the requirements of Government Code section 54957.1.  That section provides as follows: 54957.1.  (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote […]

    June 14, 2009

  • 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

    Minutes of City Council meetings don’t tell whole story

    […] materials are distributed to the members of a legislative body, they must "be made available upon request without delay" to members of the public.  Gov't Code § 54957.5(a). There does not appear to be any requirement in this section that such materials be distributed to the legislative body (and thus made available to members […]

    March 7, 2014

  • 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

    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