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Asked and Answered

Brown Act

School Board Closed Sessions with Administrators

[…] Session, but to merely be there in case questions come up. I understand that board members who apparently know this to be a possible violation of the Brown Act, both current and former board members, are so far unwilling to speak up about this practice. How can a member of the public then address […]

June 14, 2009
Asked and Answered

Brown Act

Is it a Brown Act violation to move item from closed to open session?

I believe the City Council violated the Brown Act at a recent meeting when councilmembers voted 5-0 to move a closed-session item, described only with the name of an individual to the Regular Agenda. Can you tell me if it was proper for the City Council to move a closed-session item to the Regular Agenda during […]

March 13, 2014
Asked and Answered

Brown Act

City Council Met Prior to Public Meeting and Made Last-Minute Agenda Changes

[…] from the City regarding a developer's plan that was not made public. The mayor and a council member met before a public hearing in which the agenda was changed at the last minute. The vote was 4-1 in favor of the road we were promised would not go in. Does this violate the Brown Act?

May 17, 2018
Asked and Answered

Brown Act

Does Brown Act allow vote to be changed after a meeting adjourns?

I recently witnessed a Planning Commission vote which was changed after adjournment. There is a "protocol" listed on the city's website that says a vote can be changed within 48 hours. That sounds like a violation of the Brown Act to me.

July 10, 2017
Asked and Answered

Brown Act First Amendment

Limiting Public Testimonies to New Issues

[…] privilege or protection for expression beyond that otherwise provided by law. Cal Gov Code § 54954.3 (emphasis added). In other words, at every regular meeting, the body must allow an opportunity for the public to speak, but it may adopt "reasonable" rules, including regulations "limiting the total amount of time allocated for public testimony […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Limiting Public Comment to Issues Not Already Covered

[…] privilege or protection for expression beyond that otherwise provided by law. Cal Gov Code § 54954.3 (emphasis added). In other words, at every regular meeting, the body must allow an opportunity for the public to speak, but it may adopt "reasonable" rules, including regulations "limiting the total amount of time allocated for public testimony […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Elected Officials Right to Public Comment

[…] claim to do so as a resident? May that official verbally insult residents who have spoken without some consequence to himself? Is there any violation of the Brown Act? How can we the residents protect ourselves and how can we convince the Mayor and Council, who have been intimidated, to take action? What recourse […]

June 14, 2009
Asked and Answered

Brown Act

Application of the Brown Act to Volunteer Fire Companies

[…] part of the Public Records Act, but are the rest of our records part of the same Act? We believe that we are not part of the Brown Act because none of our members are on the Fire Dept. Board or visa versa. We are a separate entity formed by our group back in […]

June 14, 2009
Asked and Answered

Brown Act

School Board Voted In Secret to Pick New Superintendent

[…] of teachers, parents, and community activists protested against the secret meeting that the city school board to pick the new yet controversial superintendent. We believe that the closed and secret meeting violated several provisions of the Brown Act and we would like help in understanding how the Brown Act applies and in finding an attorney.

December 10, 2018
Asked and Answered

Brown Act

Which Meetings are Governed by the Brown Act? Bagley-Keen Act?

Are relevant portions of the following meetings governed by the Brown Act (or the Bagley-Keen Act)?: The board meetings of a nonprofit that a County Dept of Mental Health has contracted with to run a program which has been fully developed by the County Mental Health Department, when that board discusses such program? The […]

June 14, 2009