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  • 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

  • Asked and Answered

    Brown Act

    Emergency agenda items and proper notice requirements

    […] Act requires a representative of the legislative body to orally announce the items to be discussed in closed session prior to any closed-session meeting.  (Gov't Code § 54957.7(a)).  This requirement may be satisfied by referring to the item by number as it appears on the agenda.  Once a closed session has been completed, the […]

    June 14, 2009

  • 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 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

  • Asked and Answered

    Brown Act CPRA

    Closed Sessions and Permissible Topics

    […] negotiations. With respect to the disclosures of closed session actions and written materials when the sessions were held pursuant to the pending litigation exception, Government Code § 54957.1 provides that "[a]pproval given to the body's legal counsel of a settlement of pending litigation . . . shall be reported after the settlement is final...."  […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Access to agenda attachments

    […] was not received.With respect to records distributed at a public meeting, they are public records unless otherwise exempted under the Public Records Act. Cal. Gov't Code § 54957.5.  The public is entitled to obtain them at the meeting if they were prepared by the public agency, or after the meeting if prepared by someone […]

    June 14, 2009

  • 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