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Explainers

FAC’s Explainer page provides information about topics relating to public records, open meetings, and freedom of speech that we are often asked about. The information you are looking for may be here, but if it is not, please feel free to submit a request to our Legal Hotline.

July 3, 2024
Handbooks

California Brown Act Primer

[…] 2022 by Legal Fellow Monica Price, with contributions from Executive Director David Snyder and Legal Director David Loy. It was created in 2006 by James Chadwick, then of Sheppard, Mullin, Richter & Hampton. Please see this 2023 addendum for an overview of open-meetings law changes that occurred since this guide was published in March 2022.
- Government Transparency and Accountability
September 8, 2024
Posts

A Guide to 2023 Open Meetings Law Changes

[…] outlined below. Until January 1, 2024 When teleconferencing is allowed under these rules, the agenda must include time for public comment and the legislative body must give notice of the means by which members of the public may provide public comment. The legislative body cannot require public comments be submitted before the meeting, but […]

February 16, 2023
Asked and Answered

Brown Act

Teacher terminated after closed session

[…] employment at a local charter school. The board held a Regular Meeting and decided "immediate action" had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes on her behalf when she happened to walk by the meeting. The […]

October 20, 2011
Asked and Answered

Brown Act

Emergency agenda items and proper notice requirements

My first question is: What is the correct procedure for adding an "emergency" item to a city Council agenda? Recently, a City Council added an "emergency" closed session to its agenda to discuss "anticipated litigation" without any motions or votes. My second question is about anticipated litigation: Must it be described in some fashion […]

June 14, 2009
Asked and Answered

Brown Act

Discussion of Employee Termination in Closed Session

[…] 2007, the City held its last budget study session and on the closed session my job, as Director of Finance, title or position was never put on for discussion, nor was my job title put on for closed session since I started with the City. The next morning the mayor and the City manager […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Does short notice of public hearing invalidate contract?

[…] the Public Hearing subsection. This agenda was attached to summary of the contract. I have not found language defining "Public Hearing" but I contend that 1) 30-days notice of hearing is required; 2) That notice was not properly served since it appeared under Consent Calendar which only can be discussed if a citizen or […]

June 23, 2010
Asked and Answered

Bagley-Keene Act Brown Act

Closed meeting and the Brown Act

[…] closed session on Tuesday, the board is scheduled to convene in open session to vote on 'Amendment #11' to the chief's contract, according to the public meeting agenda. Details of the amendment will be available after the board finalizes it in closed session, said district spokeswoman. 'They are going to make copies available to […]

June 14, 2009
Asked and Answered

Brown Act

Changing Regular Meetings to Special Meetings

The local school district has changed its regular school board meetings to special meetings, and has switched the upcoming regular meetings to special meetings for the next 2 months. The board is not providing time for public comments on matters related to policies, programs or services provided by the district at the special meetings. […]

June 14, 2009
Asked and Answered

Brown Act

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

[…] open session. The goals are public. The evaluation of the City Manager in meeting goals in done in closed session. In contrast, the School Board sets goals for the Superintendent's in closed session. Recently, the new superintendent made her goals available on the District web site. The Board President thanked her in a public […]

April 13, 2012