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Handbooks

California Brown Act Primer

[…] 54956.5. Gov. Code § 54954.2(a). The Brown Act, Open Meetings For Local Legislative Bodies, Office of the Attorney General, 2003, at pp. 16-17. Gov. Code §§ 54954.2(a), 54957.7(a). Gov. Code § 54954.2(a)(3). "Action taken" means "a collective decision made by a majority of the members of a legislative body, a collective commitment or promise […]
- Government Transparency and Accountability
- Public Meetings
September 8, 2024
Pages

Explainers

[…] mistakes, incompetence, or wrongdoing. After all, to some extent any request for disclosure of public records will place a burden on government. Both the voters and their elected officials have established the general policy that this burden is well worth bearing in order to keep democracy vital. If the catchall provision of the CPRA […]

July 3, 2024
Asked and Answered

Bagley-Keene Act Brown Act

Closed meeting and the Brown Act

[…] of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation." Cal Gov. Code Section 54957.6 (see entire text of this section below). (Note that "employee" does not include "elected official", so if the Superintendent is elected, this provision may not apply.) […]

June 14, 2009
Asked and Answered

Brown Act CPRA

The mayor refused to let me make a public comment without identifying myself

[…] this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Gov't Code § 54957(b) (emphasis added). The Brown Act requires bodies to "publicly report any action taken in closed session and the vote or abstention on that action of every […]

August 26, 2010
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

Can employment negotiations be held in closed session?

[…] not address whether such meeting and conferring may be conducted in a closed session, but the Brown Act does provide some relevant direction. Specifically, Gov't Code § 54957.6 (which is part of the Brown Act) provides that "a legislative body of a local agency may hold closed sessions with the local agency's designated representatives […]

August 1, 2011
Asked and Answered

Brown Act

Should school superintendent’s goals be made in closed session?

[…] this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Gov't Code § 54957(b) "Evaluation of performance" is not restricted to formal, periodic review of the employee's job performance, but may also include consideration of the criteria for such evaluation, […]

April 13, 2012
Asked and Answered

Brown Act

Does the Brown Act allow closed session negotiations for all public school contracts?

Does the Brown Act allow a publicly elected school board to hold closed session discussion under Government Code 54957 (Public Employee Appointment/Employment) and 54957.6 (Labor Negotiations) regarding the appointment and pay structure of a Director of Curriculum to the position of Assistant Superintendent of Educational Services. Both positions are administrative positions that report directly to […]

July 19, 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
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