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Showing 61 - 70 of 257 results

  • Asked and Answered

    Brown Act

    I ask for transparency; they ask me to resign

    […] will address each question in turn. 1. The Brown Act permits an agency to appoint a person to a position in a closed session. Govt. Code section 54957. However, prior to holding the closed session, the agency must notify the public in open session, on its agenda, or both, of the items to be […]

    January 11, 2012

  • Asked and Answered

    Brown Act CPRA

    CPRA request was denied for document discussed in open session

    […] a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act."  Gov't Code § 54957.5(a). However, "this section shall not include any writing exempt from public disclosure [under the Public Records Act]."  Gov't Code § 54957.5(a).  From what I understand, the […]

    January 14, 2016

  • 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 "[a]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

    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

    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

    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

    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

    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