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Showing 281 - 290 of 388 results

  • Asked and Answered

    Brown Act

    Board of Directors Closed Session

    […] bodies would not be able to consider a reduction of members of the body in closed session because the provision permitting a closed session to "consider the appointment, employment, evaluation of performance, or dismissal of a public employee" (the "personnel" exemption) actually excludes members of the legislative body from the definition of "employees."  See […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Access to agenda attachments

    […] of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    When does the 10 days count start with a CPRA request?

    […] states that a response shall be made "within 10 days from receipt of the request."  In general, when a statute does not specifically provide for "business" days, calendar days apply.  With respect to when the 10 days begins to run, California Code of Civil Procedure section 12 provides that the "time in which any […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Can a school board restrict critical speech about district employees?

    […] simply does not pass constitutional muster. The agenda language also refers to section 54957 of the Brown Act, which allows for a closed session to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, or to hear complaints or charges brought against the employee by another person or employee."   […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    “Amended” agenda for public meeting

    […] as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Getting information from closed sessions

    […] employee discipline/dismissal/release, the Brown Act provision authorizing a closed session is Government Code section 54957.  This section also authorizes a closed session to discuss a public employee appointment, public employment, or a public employee performance evaluation.  In each of these three cases, the agenda must specify the description of the position at issue.  However, […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Court Employee Anonymity

    […] we will call Category I documents, would be the official court minutes, all its written orders and dispositions, the official reports of oral proceedings, and the master calendar. Also included in Category I of court documents would be the various documents filed in or received by the court, such as the pleadings and motions […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    The public is severely limited in county meeting participation during the COVID-19 pandemic. Is this a Brown Act violation?

    […] postpones nonessential plan review until the COVID-19 restrictions are lifted. Instead, the County is moving along with business as usual with no extensions or postponements on the calendar. We believe this is a violation of the Brown Act, notwithstanding the digital provision. We welcome your thoughts and ideas on any recourse we might have, […]

    July 23, 2020

  • Asked and Answered

    Brown Act

    Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

    […] open, and public meetings. One of the limited exceptions to the open meetings requirements allows a local legislative body to hold a closed session to discuss "the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee." § 54957(b)(1). Note that notice […]

    January 20, 2021